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91_HB0870eng HB0870 Engrossed LRB9101691DHpk 1 AN ACT to amend the Counties Code by changing Section 2 4-2001. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Counties Code is amended by changing 6 Section 4-2001 as follows: 7 (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001) 8 Sec. 4-2001. State's attorney salaries. 9 (a) There shall be allowed to the several state's 10 attorneys in this State, except the state's attorney of Cook 11 County, the following annual salary: 12 (1) To each state's attorney in counties containing 13 less than 10,000 inhabitants, $40,500 until December 31, 14 1988, $45,500 until June 30, 1994, and $55,500 thereafter 15 or as set by the Compensation Review Board, whichever is 16 greater. 17 (2) To each state's attorney in counties containing 18 10,000 or more inhabitants but less than 20,000 19 inhabitants, $46,500 until December 31, 1988, $61,500 20 until June 30, 1994, and $71,500 thereafter or as set by 21 the Compensation Review Board, whichever is greater. 22 (3) To each state's attorney in counties containing 23 20,000 or more but less than 30,000 inhabitants, $51,000 24 until December 31, 1988, $65,000 until June 30, 1994, and 25 $75,000 thereafter or as set by the Compensation Review 26 Board, whichever is greater. 27 (4) To each state's attorney in counties of 30,000 28 or more inhabitants, $65,500 until December 31, 1988, 29 $80,000 until June 30, 1994, and $96,837 thereafter or as 30 set by the Compensation Review Board, whichever is 31 greater. HB0870 Engrossed -2- LRB9101691DHpk 1 The State shall furnish 66 2/3% of the total annual 2 compensation to be paid to each state's attorney in Illinois 3 based on the salary in effect on December 31, 1988, and 100% 4 of the increases in salary taking effect after December 31, 5 1988. 6 Said amounts furnished by the State shall be payable 7 monthly from the State treasury to the county in which each 8 state's attorney is elected. 9 Each county shall be required to furnish 33 1/3% of the 10 total annual compensation to be paid to each state's attorney 11 in Illinois based on the salary in effect on December 31, 12 1988. 13 (b) Except in counties containing fewer than 10,000 14 inhabitants and except as provided in this paragraph, no 15 state's attorney may engage in the private practice of law. 16 However, in any county between 10,000 and 30,000 inhabitants 17 or in any county containing 30,000 or more inhabitants which 18 reached such population between 1970 and December 31, 1981, 19 the state's attorney may declare his intention to engage in 20 the private practice of law by filing a written declaration 21 of intent to engage in the private practice of law with the 22 county clerk. The declaration of intention shall be 23 irrevocable during the remainder of the term of office. The 24 declaration shall be filed with the county clerk within 30 25 days of certification of election or appointment, or within 26 60 days of March 15, 1989, whichever is later. In that event 27 the annual salary of such state's attorney shall be as 28 follows: 29 (1) In counties containing 10,000 or more 30 inhabitants but less than 20,000 inhabitants, $46,500 31 until December 31, 1988, $51,500 until June 30, 1994, and 32 $61,500 thereafter or as set by the Compensation Review 33 Board, whichever is greater. The State shall furnish 34 100% of the increases taking effect after December 31, HB0870 Engrossed -3- LRB9101691DHpk 1 1988. 2 (2) In counties containing 20,000 or more 3 inhabitants but less than 30,000 inhabitants, and in 4 counties containing 30,000 or more inhabitants which 5 reached said population between 1970 and December 31, 6 1981, $51,500 until December 31, 1988, $56,000 until June 7 30, 1994, and $65,000 thereafter or as set by the 8 Compensation Review Board, whichever is greater. The 9 State shall furnish 100% of the increases taking effect 10 after December 31, 1988. 11 (c) In counties where a State mental health institution, 12 as hereinafter defined, is located, one assistant state's 13 attorney shall receive for his services, payable monthly from 14 the State treasury to the county in which he is appointed, 15 the following: 16 (1) To each assistant state's attorney in counties 17 containing less than 10,000 inhabitants, the sum of 18 $2,500 per annum; 19 (2) To each assistant state's attorney in counties 20 containing not less than 10,000 inhabitants and not more 21 than 20,000 inhabitants, the sum of $3,500 per annum; 22 (3) To each assistant state's attorney in counties 23 containing not less than 20,000 inhabitants and not more 24 than 30,000 inhabitants, the sum of $4,000 per annum; 25 (4) To each assistant state's attorney in counties 26 containing not less than 30,000 inhabitants and not more 27 than 40,000 inhabitants, the sum of $4,500 per annum; 28 (5) To each assistant state's attorney in counties 29 containing not less than 40,000 inhabitants and not more 30 than 70,000 inhabitants, the sum of $5,000 per annum; 31 (6) To each assistant state's attorney in counties 32 containing not less than 70,000 inhabitants and not more 33 than 1,000,000 inhabitants, the sum of $15,000$6,000per 34 annum. HB0870 Engrossed -4- LRB9101691DHpk 1 (d) The population of all counties for the purpose of 2 fixing salaries as herein provided shall be based upon the 3 last federal census immediately previous to the appointment 4 of an assistant state's attorney in each county. 5 (e) At the request of the county governing authority, in 6 counties where one or more State correctional institutions, 7 as hereinafter defined, are located, one or more assistant 8 state's attorneys shall receive for their services, provided 9 that such services are performed in connection with the State 10 correctional institution, payable monthly from the State 11 treasury to the county in which they are appointed, the 12 following: 13 (1) $22,000 for each assistant state's attorney in 14 counties with one or more State correctional institutions 15 with a total average daily inmate population in excess of 16 2,000, on the basis of 2 assistant state's attorneys when 17 the total average daily inmate population exceeds 2,000 18 but is less than 4,000; and 3 assistant state's attorneys 19 when such population exceeds 4,000; with reimbursement to 20 be based on actual services rendered. 21 (2) $15,000 per year for one assistant state's 22 attorney in counties having one or more correctional 23 institutions with a total average daily inmate population 24 of between 750 and 2,000 inmates, with reimbursement to 25 be based on actual services rendered. 26 (3) A maximum of $12,000 per year for one assistant 27 state's attorney in counties having less than 750 28 inmates, with reimbursement to be based on actual 29 services rendered. 30 Upon application of the county governing authority 31 and certification of the State's Attorney, the Director 32 of Corrections may, in his discretion and subject to 33 appropriation, increase the amount of salary 34 reimbursement to a county in the event special HB0870 Engrossed -5- LRB9101691DHpk 1 circumstances require the county to incur extraordinary 2 salary expenditures as a result of services performed in 3 connection with State correctional institutions in that 4 county. 5 In determining whether or not to increase the amount of 6 salary reimbursement, the Director shall consider, among 7 other matters: 8 (1) the nature of the services rendered; 9 (2) the results or dispositions obtained; 10 (3) whether or not the county was required to 11 employ additional attorney personnel as a direct result 12 of the services actually rendered in connection with a 13 particular service to a State correctional institution. 14 (f) In counties where a State senior institution of 15 higher education is located, the assistant state's attorneys 16 specified by this Section shall receive for their services, 17 payable monthly from the State treasury to the county in 18 which appointed, the following: 19 (1) $14,000 per year each for employment on a full 20 time basis for 2 assistant state's attorneys in counties 21 having a State university or State universities with 22 combined full time enrollment of more than 15,000 23 students. 24 (2) $7,200 per year for one assistant state's 25 attorney with no limitation on other practice in counties 26 having a State university or State universities with 27 combined full time enrollment of 10,000 to 15,000 28 students. 29 (3) $4,000 per year for one assistant state's 30 attorney with no limitation on other practice in counties 31 having a State university or State universities with 32 combined full time enrollment of less than 10,000 33 students. 34 Such salaries shall be paid to the state's attorney and HB0870 Engrossed -6- LRB9101691DHpk 1 the assistant state's attorney in equal monthly installments 2 by such county out of the county treasury provided that the 3 State of Illinois shall reimburse each county monthly from 4 the State treasury the amount of such salary. This Section 5 shall not prevent the payment of such additional compensation 6 to the state's attorney or assistant state's attorney of any 7 county, out of the treasury of that county as may be provided 8 by law. 9 (g) For purposes of this Section, "State mental health 10 institution" means any institution under the jurisdiction of 11 the Department of Human Services that is listed in Section 4 12 of the Mental Health and Developmental Disabilities 13 Administrative Act. 14 For purposes of this Section, "State correctional 15 institution" means any facility of the Department of 16 Corrections including adult facilities, juvenile facilities, 17 pre-release centers, community correction centers, and work 18 camps. 19 For purposes of this Section, "State university" means 20 the University of Illinois, Southern Illinois University, 21 Chicago State University, Eastern Illinois University, 22 Governors State University, Illinois State University, 23 Northeastern Illinois University, Northern Illinois 24 University, Western Illinois University, and any public 25 community college which has established a program of 26 interinstitutional cooperation with one of the foregoing 27 institutions whereby a student, after earning an associate 28 degree from the community college, pursues a course of study 29 at the community college campus leading to a baccalaureate 30 degree from the foregoing institution (also known as a "2 31 Plus 2" degree program). 32 (Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97; 33 90-375, eff. 8-14-97.)