Illinois Compiled Statutes
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730 ILCS 5/3-7-6
(730 ILCS 5/3-7-6)
(from Ch. 38, par. 1003-7-6)
(Section scheduled to be repealed on January 1, 2020)
Reimbursement for expenses.
(a) Responsibility of committed persons. For the purposes of this
Section, "committed persons" mean those persons who through judicial
determination have been placed in the custody of the Department on the basis of
a conviction as an adult. Committed
persons shall be responsible to reimburse the
Department for the expenses incurred by their incarceration at a rate to be
determined by the Department in accordance with this Section.
(1) Committed persons shall fully cooperate with the
Department by providing complete financial information for the purposes under this Section.
(2) The failure of a committed person to fully
cooperate as provided for in clauses (3) and (4) of subsection (a-5) shall be considered for purposes of a parole determination. Any committed person who willfully refuses to cooperate with the obligations set forth in this Section may be subject to the loss of sentence credit towards his or her sentence of up to 180 days.
(a-5) Assets information form.
(1) The Department shall develop a form, which shall
be used by the Department to obtain information from all committed persons regarding assets of the persons.
(2) In order to enable the Department to determine
the financial status of the committed person, the form shall provide for obtaining the age and marital status of a committed person, the number and ages of children of the person, the number and ages of other dependents, the type and value of real estate, the type and value of personal property, cash and bank accounts, the location of any lock boxes, the type and value of investments, pensions and annuities and any other personalty of significant cash value, including but not limited to jewelry, art work and collectables, and all medical or dental insurance policies covering the committed person. The form may also provide for other information deemed pertinent by the Department in the investigation of a committed person's assets.
(3) Upon being developed, the form shall be submitted
to each committed person as of the date the form is developed and to every committed person who thereafter is sentenced to imprisonment under the jurisdiction of the Department. The form may be resubmitted to a committed person by the Department for purpose of obtaining current information regarding the assets of the person.
(4) Every committed person shall complete the form or
provide for completion of the form and the committed person shall swear under oath or affirm that to the best of his or her knowledge the information provided is complete and accurate.
(b) Expenses. The rate at which sums to be charged for the expenses
incurred by a committed person for his or her confinement
shall be computed by
the Department as the average per capita cost per day for all inmates of that
institution or facility for that fiscal year. The average per capita cost per
day shall be computed by the Department based on the average per capita cost
per day for the operation of that institution or facility for the fiscal year
immediately preceding the period of incarceration for which the rate is being
calculated. The Department shall establish rules and regulations providing for
the computation of the above costs, and shall determine the average per capita
cost per day for each of its institutions or facilities for each fiscal year.
The Department shall have the
power to modify its rules and regulations, so as to provide for the most
accurate and most current average per capita cost per day computation. Where
the committed person is placed in a facility outside the
Department may pay the actual cost of services in that facility, and may
collect reimbursement for the entire amount paid from the committed person
receiving those services.
(c) Records. The records of the Department, including, but not limited to,
those relating to: the average per capita cost per day for a particular
institution or facility for a particular year, and the calculation of the
average per capita cost per day; the average daily population of a particular
Department correctional institution or facility for a particular year; the
specific placement of a particular committed person in
correctional institutions or facilities for various periods of time; and the
record of transactions of a particular committed person's
trust account under
Section 3-4-3 of this Act; may be proved in any legal proceeding, by a
reproduced copy thereof or by a computer printout of Department records, under
the certificate of the Director. If
reproduced copies are used, the Director must certify that those are true and
exact copies of the records on file with the Department. If computer
printouts of records of the Department are offered as proof, the Director must
certify that those computer printouts are true and exact representations of
records properly entered into standard electronic computing equipment, in the
regular course of the Department's business, at or reasonably near the time of
the occurrence of the facts recorded, from trustworthy and reliable
information. The reproduced copy or computer printout shall, without further
proof, be admitted into evidence in any legal proceeding, and shall be prima
facie correct and prima facie evidence of the accuracy of the information
(d) Authority. The Director, or the Director's designee, may, when he or
she knows or reasonably believes that a committed person, or the estate of that
person, has assets which may be used to satisfy all or part of a judgment
rendered under this Act,
or when he or she knows or reasonably believes that
a committed person is engaged in gang-related activity and has a substantial sum of
money or other assets,
provide for the forwarding to the Attorney General of a report on the
committed person and that report shall contain a completed form under
subsection (a-5) together with all other information available concerning the
the committed person and an estimate of the total expenses for that committed
authorize the Attorney General to institute
proceedings to require the
persons, or the estates of the persons, to reimburse the Department for the
expenses incurred by their incarceration. The Attorney General, upon
authorization of the Director, or the Director's designee, shall institute
actions on behalf of the Department and pursue claims on the Department's
behalf in probate and bankruptcy proceedings, to recover from committed persons the expenses incurred by
For purposes of this subsection (d), "gang-related" activity
has the meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(e) Scope and limitations.
(1) No action under this Section shall be initiated
more than 2 years after the release or death of the committed person in question.
(2) The death of a convicted person, by execution or
otherwise, while committed to a Department correctional institution or facility shall not act as a bar to any action or proceeding under this Section.
(3) The assets of a committed person, for the
purposes of this Section, shall include any property, tangible or intangible, real or personal, belonging to or due to a committed or formerly committed person including income or payments to the person from social security, worker's compensation, veteran's compensation, pension benefits, or from any other source whatsoever and any and all assets and property of whatever character held in the name of the person, held for the benefit of the person, or payable or otherwise deliverable to the person. Any trust, or portion of a trust, of which a convicted person is a beneficiary, shall be construed as an asset of the person, to the extent that benefits thereunder are required to be paid to the person, or shall in fact be paid to the person. At the time of a legal proceeding by the Attorney General under this Section, if it appears that the committed person has any assets which ought to be subjected to the claim of the Department under this Section, the court may issue an order requiring any person, corporation, or other legal entity possessed or having custody of those assets to appropriate any of the assets or a portion thereof toward reimbursing the Department as provided for under this Section. No provision of this Section shall be construed in violation of any State or federal limitation on the collection of money judgments.
(4) Nothing in this Section shall preclude the
Department from applying federal benefits that are specifically provided for the care and treatment of a committed person toward the cost of care provided by a State facility or private agency.
(Source: P.A. 97-697, eff. 6-22-12. Repealed by P.A. 101-235, eff. 1-1-20.)