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91_SB0570
SRS91S0021MMch
1 AN ACT to amend the Counties Code by changing Sections
2 4-2001, 4-2003, and 4-3001.
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 Sections 4-2001, 4-2003, and 4-3001 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.
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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,
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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 $6,000 per annum.
34 (d) The population of all counties for the purpose of
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1 fixing salaries as herein provided shall be based upon the
2 last Federal census immediately previous to the appointment
3 of an assistant state's attorney in each county.
4 (e) At the request of the county governing authority, in
5 counties where one or more state correctional institutions,
6 as hereinafter defined, are located, one or more assistant
7 state's attorneys shall receive for their services, provided
8 that such services are performed in connection with the state
9 correctional institution, payable monthly from the state
10 treasury to the county in which they are appointed, the
11 following:
12 (1) $22,000 for each assistant state's attorney in
13 counties with one or more State correctional institutions
14 with a total average daily inmate population in excess of
15 2,000, on the basis of 2 assistant state's attorneys when
16 the total average daily inmate population exceeds 2,000
17 but is less than 4,000; and 3 assistant state's attorneys
18 when such population exceeds 4,000; with reimbursement to
19 be based on actual services rendered.
20 (2) $15,000 per year for one assistant state's
21 attorney in counties having one or more correctional
22 institutions with a total average daily inmate population
23 of between 750 and 2,000 inmates, with reimbursement to
24 be based on actual services rendered.
25 (3) A maximum of $12,000 per year for one assistant
26 state's attorney in counties having less than 750
27 inmates, with reimbursement to be based on actual
28 services rendered.
29 Upon application of the county governing authority
30 and certification of the State's Attorney, the Director
31 of Corrections may, in his discretion and subject to
32 appropriation, increase the amount of salary
33 reimbursement to a county in the event special
34 circumstances require the county to incur extraordinary
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1 salary expenditures as a result of services performed in
2 connection with State correctional institutions in that
3 county.
4 In determining whether or not to increase the amount of
5 salary reimbursement, the Director shall consider, among
6 other matters:
7 (1) the nature of the services rendered;
8 (2) the results or dispositions obtained;
9 (3) whether or not the county was required to
10 employ additional attorney personnel as a direct result
11 of the services actually rendered in connection with a
12 particular service to a State correctional institution.
13 (f) In counties where a State senior institution of
14 higher education is located, the assistant state's attorneys
15 specified by this Section shall receive for their services,
16 payable monthly from the State treasury to the county in
17 which appointed, the following:
18 (1) $14,000 per year each for employment on a full
19 time basis for 2 assistant state's attorneys in counties
20 having a State university or State universities with
21 combined full time enrollment of more than 15,000
22 students.
23 (2) $7,200 per year for one assistant state's
24 attorney with no limitation on other practice in counties
25 having a State university or State universities with
26 combined full time enrollment of 10,000 to 15,000
27 students.
28 (3) $4,000 per year for one assistant state's
29 attorney with no limitation on other practice in counties
30 having a State university or State universities with
31 combined full time enrollment of less than 10,000
32 students.
33 Such salaries shall be paid to the state's attorney and
34 the assistant state's attorney in equal monthly installments
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1 by such county out of the county treasury provided that the
2 State of Illinois shall reimburse each county monthly from
3 the state treasury the amount of such salary. This Section
4 shall not prevent the payment of such additional compensation
5 to the state's attorney or assistant state's attorney of any
6 county, out of the treasury of that county as may be provided
7 by law.
8 (g) For purposes of this Section, "State mental health
9 institution" means any institution under the jurisdiction of
10 the Department of Human Services that is listed in Section 4
11 of the Mental Health and Developmental Disabilities
12 Administrative Act.
13 For purposes of this Section, "State correctional
14 institution" means any facility of the Department of
15 Corrections including adult facilities, juvenile facilities,
16 pre-release centers, community correction centers, and work
17 camps.
18 For purposes of this Section, "State university" means
19 the University of Illinois, Southern Illinois University,
20 Chicago State University, Eastern Illinois University,
21 Governors State University, Illinois State University,
22 Northeastern Illinois University, Northern Illinois
23 University, Western Illinois University, and any public
24 community college which has established a program of
25 interinstitutional cooperation with one of the foregoing
26 institutions whereby a student, after earning an associate
27 degree from the community college, pursues a course of study
28 at the community college campus leading to a baccalaureate
29 degree from the foregoing institution (also known as a "2
30 Plus 2" degree program).
31 (h) A number of assistant state's attorneys shall be
32 appointed in each county, that chooses to participate, as
33 provided in this subsection for the prosecution of
34 alcohol-related traffic offenses. Each county shall receive
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1 annually a subsidy for payment of the salaries and benefits
2 of these assistant state's attorneys from State funds
3 appropriated to the county for that purpose. The amounts of
4 subsidies provided by this subsection shall be adjusted for
5 inflation each July 1 using the Consumer Price Index of the
6 Bureau of Labor Statistics of the U.S. Department of Labor.
7 When a county chooses to participate in the subsidy
8 program described in this subsection (h), the number of
9 assistant state's attorneys who are prosecuting
10 alcohol-related traffic offenses must increase according to
11 the subsidy provided in this subsection. These appointed
12 assistant state's attorneys shall be in addition to any other
13 assistant state's attorneys assigned to those cases on the
14 effective date of this amendatory Act of the 91st General
15 Assembly, and may not replace those assistant state's
16 attorneys. In counties where the state's attorney is the
17 sole prosecutor, this subsidy shall be used to provide an
18 assistant state's attorney to prosecute alcohol-related
19 traffic offenses along with the state's attorney. In
20 counties where the state's attorney is the sole prosecutor,
21 and in counties where a judge presides over cases involving a
22 variety of misdemeanors, including alcohol-related traffic
23 matters, assistant state's attorneys appointed and subsidized
24 by this subsection (h) may also prosecute the different
25 misdemeanor cases at the direction of the State's Attorney.
26 Assistant state's attorneys shall be appointed under this
27 subsection in the following number and counties shall receive
28 the following annual subsidies:
29 (1) In counties with fewer than 30,000 inhabitants,
30 one at $35,000.
31 (2) In counties with 30,000 or more but fewer than
32 100,000 inhabitants, one at $45,000.
33 (3) In counties with 100,000 or more but fewer than
34 300,000 inhabitants, 2 at $45,000 each.
-8- SRS91S0021MMch
1 (4) In counties, other than Cook County, with
2 300,000 or more inhabitants, 4 at $50,000 each.
3 (Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
4 90-375, eff. 8-14-97.)
5 (55 ILCS 5/4-2003) (from Ch. 34, par. 4-2003)
6 Sec. 4-2003. Assistants. Except as provided in Section
7 4-2001, where assistant State's Attorneys are required in any
8 county, the number of such assistants shall be determined by
9 the county board, and the salaries of such assistants shall
10 be fixed by the State's Attorney subject to budgetary
11 limitations established by the county board and paid out of
12 the county treasury in quarterly annual installments, on the
13 order of the county board on the treasurer of said county.
14 Such assistant State's Attorneys are to be named by the
15 State's Attorney of the county, and when so appointed shall
16 take the oath of office in the same like manner as State's
17 Attorneys, and shall be under the supervision of the State's
18 Attorney.
19 (Source: P.A. 86-962; 86-1303; revised 10-31-98.)
20 (55 ILCS 5/4-3001) (from Ch. 34, par. 4-3001)
21 Sec. 4-3001. State's attorney; assistants.
22 (a) The State's Attorney of Cook County shall be paid an
23 annual salary of $75,000 until December 31, 1988, $90,000
24 until November 30, 1990, $100,000 until June 30, 1994, and
25 $112,124 thereafter or as set by the Compensation Review
26 Board, whichever is greater.
27 Such sums shall be in full payment for all services
28 rendered by him. The State shall furnish from the State
29 treasury 66 2/3% of such salary in effect on December 31,
30 1988, 100% of the increases in salary taking effect after
31 December 31, 1988, and Cook County shall furnish 33 1/3% of
32 such salary in effect on December 31, 1988. The State's
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1 Attorney of Cook County may not engage in the private
2 practice of law.
3 (b) If Cook County chooses to participate in the subsidy
4 program described in this subsection (b), 24 assistant
5 state's attorneys shall be appointed for the prosecution of
6 alcohol-related traffic offenses. Cook County shall annually
7 receive a subsidy for the payment of the salaries and
8 benefits of these assistant state's attorneys from State
9 funds appropriated to Cook County for that purpose. The
10 amount of the subsidy shall equal $50,000 per assistant
11 state's attorney appointed under this subsection, adjusted
12 for inflation each July 1 using the Consumer Price Index of
13 the Bureau of Labor Statistics of the U.S. Department of
14 Labor.
15 When and if Cook County chooses to participate in the
16 subsidy program described in this subsection (b), the number
17 of assistant state's attorneys who are prosecuting
18 alcohol-related traffic offenses must increase by 24. These
19 appointed assistant state's attorneys shall be in addition to
20 any other assistant state's attorneys assigned to those cases
21 on the effective date of this amendatory Act of the 91st
22 General Assembly, and may not replace those assistant state's
23 attorneys. Cook County assistant state's attorneys appointed
24 and subsidized by this subsection (b) may also prosecute
25 other types of misdemeanor cases at the direction of the Cook
26 County State's Attorney.
27 (Source: P.A. 90-375, eff. 8-14-97.)