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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_SB2195eng SB2195 Engrossed LRB9213480RCcd 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended 5 by changing Section 3-7-6 as follows: 6 (730 ILCS 5/3-7-6) (from Ch. 38, par. 1003-7-6) 7 Sec. 3-7-6. Reimbursement for expenses. 8 (a) Responsibility of committed persons. For the 9 purposes of this Section, "committed persons" mean those 10 persons who through judicial determination have been placed 11 in the custody of the Department on the basis of a conviction 12 as an adult. CommittedConvictedpersonscommitted to the13Department correctional institutions or facilitiesshall be 14 responsible to reimburse the Department for the expenses 15 incurred by their incarceration at a rate to be determined by 16 the Department in accordance with this Section. 17 (1) Committed persons shall fully cooperate with 18 the Department by providing complete financial 19 information for the purposes under this Section. 20 (2) The failure of a committed person to fully 21 cooperate as provided for in clauses (3) and (4) of 22 subsection (a-5) shall be considered for purposes of a 23 parole determination. Any committed person who willfully 24 refuses to cooperate with the obligations set forth in 25 this Section may be subject to the loss of good conduct 26 credit towards his or her sentence of up to 180 days. 27 (a-5) Assets information form. 28 (1) The Department shall develop a form, which 29 shall be used by the Department to obtain information 30 from all committed persons regarding assets of the 31 persons. SB2195 Engrossed -2- LRB9213480RCcd 1 (2) In order to enable the Department to determine 2 the financial status of the committed person, the form 3 shall provide for obtaining the age and marital status of 4 a committed person, the number and ages of children of 5 the person, the number and ages of other dependents, the 6 type and value of real estate, the type and value of 7 personal property, cash and bank accounts, the location 8 of any lock boxes, the type and value of investments, 9 pensions and annuities and any other personalty of 10 significant cash value, including but not limited to 11 jewelry, art work and collectables, and all medical or 12 dental insurance policies covering the committed person. 13 The form may also provide for other information deemed 14 pertinent by the Department in the investigation of a 15 committed person's assets. 16 (3) Upon being developed, the form shall be 17 submitted to each committed person as of the date the 18 form is developed and to every committed person who 19 thereafter is sentenced to imprisonment under the 20 jurisdiction of the Department. The form may be 21 resubmitted to a committed person by the Department for 22 purpose of obtaining current information regarding the 23 assets of the person. 24 (4) Every committed person shall complete the form 25 or provide for completion of the form and the committed 26 person shall swear under oath or affirm that to the best 27 of his or her knowledge the information provided is 28 complete and accurate. 29 (b) Expenses. The rate at which sums to be charged for 30 the expenses incurred by a committedconvictedperson 31committed to Department correctional institutions or32facilitiesfor his or her confinementincarcerationshall be 33 computed by the Department as the average per capita cost per 34 day for all inmates of that institution or facility for that SB2195 Engrossed -3- LRB9213480RCcd 1 fiscal year. The average per capita cost per day shall be 2 computed by the Department based on the average per capita 3 cost per day for the operation of that institution or 4 facility for the fiscal year immediately preceding the period 5 of incarceration for which the rate is being calculated. The 6 Department shall establish rules and regulations providing 7 for the computation of the above costs, and shall determine 8 the average per capita cost per day for each of its 9 institutions or facilities for each fiscal year. The 10 Department shall have the power to modify its rules and 11 regulations, so as to provide for the most accurate and most 12 current average per capita cost per day computation. Where 13 the committedconvictedperson is placed in a facility 14 outside the Department, the Department may pay the actual 15 cost of services in that facility, and may collect 16 reimbursement for the entire amount paid from the committed 17convictedperson receiving those services. 18 (c) Records. The records of the Department, including, 19 but not limited to, those relating to: the average per capita 20 cost per day for a particular institution or facility for a 21 particular year, and the calculation of the average per 22 capita cost per day; the average daily population of a 23 particular Department correctional institution or facility 24 for a particular year; the specific placement of a particular 25 committedconvictedperson in various Department correctional 26 institutions or facilities for various periods of time; and 27 the record of transactions of a particular committed 28convictedperson's trust account under Section 3-4-3 of this 29 Act; may be proved in any legal proceeding, by a reproduced 30 copy thereof or by a computer printout of Department records, 31 under the certificate of the Director. If reproduced copies 32 are used, the Director must certify that those are true and 33 exact copies of the records on file with the Department. If 34 computer printouts of records of the Department are offered SB2195 Engrossed -4- LRB9213480RCcd 1 as proof, the Director must certify that those computer 2 printouts are true and exact representations of records 3 properly entered into standard electronic computing 4 equipment, in the regular course of the Department's 5 business, at or reasonably near the time of the occurrence of 6 the facts recorded, from trustworthy and reliable 7 information. The reproduced copy or computer printout shall, 8 without further proof, be admitted into evidence in any legal 9 proceeding, and shall be prima facie correct and prima facie 10 evidence of the accuracy of the information contained 11 therein. 12 (d) Authority. The Director, or the Director's 13 designee, may, when he or she knows or reasonably believes 14 that a committedconvictedpersoncommitted to the Department15correctional institutions or facilities, or the estate of 16 that person, has assets which may be used to satisfy all or 17 part of a judgment rendered under this Act, or when he or she 18 knows or reasonably believes that a committedconvicted19 personcommitted to the Department correctional institutions20or facilitiesis engaged in gang-related activity and has a 21 substantial sum of money or other assets, provide for the 22 forwarding to the Attorney General of a report on the 23 committed person and that report shall contain a completed 24 form under subsection (a-5) together with all other 25 information available concerning the assets of the committed 26 person and an estimate of the total expenses for that 27 committed person, and authorize the Attorney General to 28 institute proceedings to require the persons, or the estates 29 of the persons, to reimburse the Department for the expenses 30 incurred by their incarceration. The Attorney General, upon 31 authorization of the Director, or the Director's designee, 32 shall institute actions on behalf of the Department and 33 pursue claims on the Department's behalf in probate and 34 bankruptcy proceedings, to recover from committedconvictedSB2195 Engrossed -5- LRB9213480RCcd 1 personscommitted to Department correctional facilitiesthe 2 expenses incurred by their confinement. For purposes of this 3 subsection (d), "gang-related" activity has the meaning 4 ascribed to it in Section 10 of the Illinois Streetgang 5 Terrorism Omnibus Prevention Act. 6 (e) Scope and limitations. 7 (1) No action under this Section shall be initiated 8 more than 2 years after the release or death of the 9 committedconvictedperson in question. 10 (2) The death of a convicted person, by execution 11 or otherwise, while committed to a Department 12 correctional institution or facility shall not act as a 13 bar to any action or proceeding under this Section. 14 (3) The assets of a committedconvictedperson, for 15 the purposes of this Section, shall include any property, 16 tangible or intangible, real or personal, belonging to or 17 due to a committed or formerly committed person including 18 income or payments to the person from social security, 19 worker's compensation, veteran's compensation, pension 20 benefits, or from any other source whatsoever and any and 21 all assets and property of whatever character held in the 22 name of the person, held for the benefit of the person, 23 or payable or otherwise deliverable to the person. Any 24 trust, or portion of a trust, of which a convicted person 25 is a beneficiary, shall be construed as an asset of the 26 person, to the extent that benefits thereunder are 27 required to be paid to the person, or shall in fact be 28 paid to the person. At the time of a legal proceeding by 29 the Attorney General under this Section, if it appears 30 that the committed person has any assets which ought to 31 be subjected to the claim of the Department under this 32 Section, the court may issue an order requiring any 33 person, corporation, or other legal entity possessed or 34 having custody of those assets to appropriate any of the SB2195 Engrossed -6- LRB9213480RCcd 1 assets or a portion thereof toward reimbursing the 2 Department as provided for under this Section. No 3 provision of this Section shall be construed in violation 4 of any State or federal limitation on the collection of 5 money judgments. 6 (4) Nothing in this Section shall preclude the 7 Department from applying federal benefits that are 8 specifically provided for the care and treatment of a 9 committedconvictedperson toward the cost of care 10 provided by a State facility or private agency. 11 (Source: P.A. 89-428, eff. 12-13-95; 89-688, eff. 6-1-97; 12 90-85, eff. 7-10-97.)