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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/3-14049
(55 ILCS 5/3-14049) (from Ch. 34, par. 3-14049)
Sec. 3-14049. Appointment of physicians and nurses for the poor
and mentally ill persons. The appointment, employment and removal by the
Board of Commissioners of Cook County of all physicians and surgeons, advanced practice registered nurses, physician assistants, and
nurses for the care and treatment of the sick, poor, mentally ill or
persons in need of mental treatment of said county shall be made only in
conformity with rules prescribed by the County Civil Service Commission to
accomplish the purposes of this Section.
The Board of Commissioners of Cook County may provide that all such
physicians and surgeons who serve without compensation shall be appointed
for a term to be fixed by the Board, and that the physicians and surgeons
usually designated and known as interns shall be appointed for a term to
be fixed by the Board: Provided, that there may also, at the discretion of
the board, be a consulting staff of physicians and surgeons, which staff
may be appointed by the president, subject to the approval of the board,
and provided further, that the Board may contract with any recognized
training school or any program for health professionals for health care services of any or all of such sick or mentally ill
or persons in need of mental treatment.
(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18 .)
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55 ILCS 5/Div. 3-15
(55 ILCS 5/Div. 3-15 heading)
Division 3-15.
County Department of Corrections
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55 ILCS 5/3-15001
(55 ILCS 5/3-15001) (from Ch. 34, par. 3-15001)
Sec. 3-15001.
Subtitle.
This Division shall be subtitled
the County Department of Corrections Law.
(Source: P.A. 86-962.)
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55 ILCS 5/3-15002
(55 ILCS 5/3-15002) (from Ch. 34, par. 3-15002)
Sec. 3-15002.
Creation.
In any county having more than 1,000,000
inhabitants, there is created within the office of the Sheriff a Department
of Corrections, referred to in this Division as the "Department".
(Source: P.A. 86-962; 87-895.)
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55 ILCS 5/3-15003
(55 ILCS 5/3-15003) (from Ch. 34, par. 3-15003)
Sec. 3-15003.
Powers and duties.
Under the direction of the Sheriff
the Department shall have the powers and duties enumerated as follows:
(a) To operate and have jurisdiction over the county jail, municipal
houses of correction within the county and any other penal, corrections or
prisoner diagnostic center facility operated by either the county jail or
municipal houses of correction.
(b) To have charge of all prisoners held in any institution, center or
other facility in the county over which it has jurisdiction under
subsection (a) of this Section, whether they are misdemeanants, felons,
persons held for trial, persons held in protective custody, persons held
for transfer to other detention facilities or persons held for non-payment
of fines, for violations of ordinances or any other quasi-criminal charges.
Nothing in this Division applies to minors subject to proceedings under the
Juvenile Court Act of 1987. It may transfer or recommit any prisoner
from one institution, center or other such facility to any other
institution, center or other facility whenever it determines that such
transfer or recommitment would promote the welfare or rehabilitation of the
prisoner, or that such transfer or recommitment is necessary to relieve
overcrowding.
(c) To establish diagnostic, classification and rehabilitation services
and programs at the county jail and such other facilities over which it has
jurisdiction under subsection (a) of this Section as may be appropriate.
(d) To establish, whenever feasible, separate detention and commitment
facilities and utilize the facilities over which it has jurisdiction under
subsection (a) of this Section in a manner which provides separate
detention and commitment facilities.
(Source: P.A. 86-962.)
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55 ILCS 5/3-15003.3 (55 ILCS 5/3-15003.3) Sec. 3-15003.3. Voter registration; county jails. Upon discharge of a person who is eligible to vote from a county jail, the county jail shall provide the person with a voter registration application. Each election authority shall collaborate with the county jail within the jurisdiction of the election authority to facilitate voter registration for voters eligible to vote in that county who are confined or detained in the county jail. A county jail shall provide a voter registration application to any person in custody at the jail who requests an application and is eligible to vote.
(Source: P.A. 101-442, eff. 1-1-20 .) |
55 ILCS 5/3-15003.4 (55 ILCS 5/3-15003.4) Sec. 3-15003.4. Voting rights; county jails; probation offices. (a) Each county jail and county probation office shall make available current resource materials, maintained by the Illinois State Board of Elections, containing detailed information regarding the voting rights of a person with a criminal conviction in print. (b) The current resource materials described under subsection (a) shall be provided: (1) upon discharge of a person from a county jail; and (2) upon intake of a person by a county probation | |
(Source: P.A. 101-442, eff. 1-1-20 .)
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55 ILCS 5/3-15003.5
(55 ILCS 5/3-15003.5)
Sec. 3-15003.5.
County impact incarceration
program.
(a) Under the direction of the Sheriff and with the
approval of the County Board of Commissioners, the Sheriff
in any county
with more than 3,000,000 inhabitants, shall have the power to operate a
county impact
incarceration program for persons eligible for a term of imprisonment, but
sentenced to a county impact incarceration program by the sentencing court. In order to be eligible to participate in a county impact
incarceration program, a person convicted of a felony
shall
meet the requirements set forth in
subsection (b) of Section 5-8-1.2 of the Unified Code of
Corrections.
(b) (Blank).
(c) The Sheriff, with the approval of the County Board of
Commissioners,
shall have the power to enter into intergovernmental cooperation agreements
with the Illinois Department of Corrections under which persons in the custody
of the Illinois Department may participate in the county
impact
incarceration program. No person shall be eligible for participation who does
not meet the criteria set forth in subsection (b) of Section 5-8-1.1 of the
Unified Code of
Corrections.
Offenders committed to the Illinois Department of Corrections who
successfully complete the county impact incarceration
program shall have their sentence reduced to time considered served upon
certification to the Court by the Illinois Department of Corrections that the
offender has successfully completed the program.
(Source: P.A. 88-469; 89-587, eff. 7-31-96.)
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55 ILCS 5/3-15003.6
(55 ILCS 5/3-15003.6)
Sec. 3-15003.6. Pregnant female prisoners. (a) Definitions. For the purpose of this Section and Sections 3-15003.7, 3-15003.8, 3-15003.9, and 3-15003.10: (1) "Restraints" means any physical restraint or | | mechanical device used to control the movement of a prisoner's body or limbs, or both, including, but not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security (tether) chain, or a convex shield, or shackles of any kind.
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| (2) "Labor" means the period of time before a birth
| | and shall include any medical condition in which a woman is sent or brought to the hospital for the purpose of delivering her baby. These situations include: induction of labor, prodromal labor, pre-term labor, prelabor rupture of membranes, the 3 stages of active labor, uterine hemorrhage during the third trimester of pregnancy, and caesarian delivery including pre-operative preparation.
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| (3) "Post-partum" means, as determined by her
| | physician, advanced practice registered nurse, or physician assistant, the period immediately following delivery, including the entire period a woman is in the hospital or infirmary after birth.
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| (4) "Correctional institution" means any entity under
| | the authority of a county law enforcement division of a county of more than 3,000,000 inhabitants that has the power to detain or restrain, or both, a person under the laws of the State.
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| (5) "Corrections official" means the official that is
| | responsible for oversight of a correctional institution, or his or her designee.
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| (6) "Prisoner" means any person incarcerated or
| | detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program, and any person detained under the immigration laws of the United States at any correctional facility.
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| (7) "Extraordinary circumstance" means an
| | extraordinary medical or security circumstance, including a substantial flight risk, that dictates restraints be used to ensure the safety and security of the prisoner, the staff of the correctional institution or medical facility, other prisoners, or the public.
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| (b) A county department of corrections shall not apply security restraints to a prisoner that has been determined by a qualified medical professional to be pregnant and is known by the county department of corrections to be pregnant or in postpartum recovery, which is the entire period a woman is in the medical facility after birth, unless the corrections official makes an individualized determination that the prisoner presents a substantial flight risk or some other extraordinary circumstance that dictates security restraints be used to ensure the safety and security of the prisoner, her child or unborn child, the staff of the county department of corrections or medical facility, other prisoners, or the public. The protections set out in clauses (b)(3) and (b)(4) of this Section shall apply to security restraints used pursuant to this subsection. The corrections official shall immediately remove all restraints upon the written or oral request of medical personnel. Oral requests made by medical personnel shall be verified in writing as promptly as reasonably possible.
(1) Qualified authorized health staff shall have
| | the authority to order therapeutic restraints for a pregnant or postpartum prisoner who is a danger to herself, her child, unborn child, or other persons due to a psychiatric or medical disorder. Therapeutic restraints may only be initiated, monitored and discontinued by qualified and authorized health staff and used to safely limit a prisoner's mobility for psychiatric or medical reasons. No order for therapeutic restraints shall be written unless medical or mental health personnel, after personally observing and examining the prisoner, are clinically satisfied that the use of therapeutic restraints is justified and permitted in accordance with hospital policies and applicable State law. Metal handcuffs or shackles are not considered therapeutic restraints.
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| (2) Whenever therapeutic restraints are used by
| | medical personnel, Section 2-108 of the Mental Health and Developmental Disabilities Code shall apply.
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| (3) Leg irons, shackles or waist shackles shall not
| | be used on any pregnant or postpartum prisoner regardless of security classification. Except for therapeutic restraints under clause (b)(2), no restraints of any kind may be applied to prisoners during labor.
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| (4) When a pregnant or postpartum prisoner must be
| | restrained, restraints used shall be the least restrictive restraints possible to ensure the safety and security of the prisoner, her child, unborn child, the staff of the county department of corrections or medical facility, other prisoners, or the public, and in no case shall include leg irons, shackles or waist shackles.
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| (5) Upon the pregnant prisoner's entry into a
| | hospital room, and completion of initial room inspection, a corrections official shall be posted immediately outside the hospital room, unless requested to be in the room by medical personnel attending to the prisoner's medical needs.
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| (6) The county department of corrections shall
| | provide adequate corrections personnel to monitor the pregnant prisoner during her transport to and from the hospital and during her stay at the hospital.
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| (7) Where the county department of corrections
| | requires prisoner safety assessments, a corrections official may enter the hospital room to conduct periodic prisoner safety assessments, except during a medical examination or the delivery process.
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| (8) Upon discharge from a medical facility,
| | postpartum prisoners shall be restrained only with handcuffs in front of the body during transport to the county department of corrections. A corrections official shall immediately remove all security restraints upon written or oral request by medical personnel. Oral requests made by medical personnel shall be verified in writing as promptly as reasonably possible.
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| (c) Enforcement.
No later than 30 days before the end of each fiscal year, the county sheriff or corrections official of the correctional institution where a pregnant prisoner has been restrained during that previous fiscal year, shall submit a written report to the Illinois General Assembly and the Office of the Governor that includes an account of every instance of prisoner restraint pursuant to this Section. The written report shall state the date, time, location and rationale for each instance in which restraints are used. The written report shall not contain any individually identifying information of any prisoner. Such reports shall be made available for public inspection.
(Source: P.A. 100-513, eff. 1-1-18; 101-652, eff. 7-1-21 .)
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55 ILCS 5/3-15003.7 (55 ILCS 5/3-15003.7) Sec. 3-15003.7. Corrections official training related to pregnant prisoners. (a) A county department of corrections shall provide training relating to medical and mental health care issues applicable to pregnant prisoners to: (1) each corrections official employed by a county | | department at a correctional institution in which female prisoners are confined; and
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| (2) any other county department of corrections
| | employee whose duties involve contact with pregnant prisoners.
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| (b) The training must include information regarding:
(1) appropriate care for pregnant prisoners; and
(2) the impact on a pregnant prisoner and the
| | prisoner's unborn child of:
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| (A) the use of restraints;
(B) placement in administrative segregation; and
(C) invasive searches.
(Source: P.A. 101-652, eff. 7-1-21 .)
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55 ILCS 5/3-15003.8 (55 ILCS 5/3-15003.8) Sec. 3-15003.8. Educational programming for pregnant prisoners. The Illinois Department of Public Health shall provide the county department of corrections with educational programming relating to pregnancy and parenting and the county department of corrections shall provide the programming to pregnant prisoners. The programming must include instruction regarding: (1) appropriate prenatal care and hygiene; (2) the effects of prenatal exposure to alcohol and | | drugs on a developing fetus;
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| (3) parenting skills; and
(4) medical and mental health issues applicable to
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(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
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55 ILCS 5/3-15003.9 (55 ILCS 5/3-15003.9) Sec. 3-15003.9. Prisoner post-partum recovery requirements. A county department of corrections shall ensure that, for a period of 72 hours after the birth of an infant by a prisoner: (1) the infant is allowed to remain with the | | prisoner, unless a medical professional determines doing so would pose a health or safety risk to the prisoner or infant; and
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| (2) the prisoner has access to any nutritional or
| | hygiene-related products necessary to care for the infant, including diapers.
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(Source: P.A. 101-652, eff. 7-1-21 .)
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55 ILCS 5/3-15003.10 (55 ILCS 5/3-15003.10) Sec. 3-15003.10. Housing requirements applicable to pregnant prisoners. (a) A county department of corrections may not place in administrative segregation a prisoner who is pregnant or who gave birth during the preceding 30 days unless the director of the county department of corrections or the director's designee determines that the placement is necessary based on a reasonable belief that the prisoner will harm herself, the prisoner's infant, or any other person or will attempt escape. (b) A county department of corrections may not assign a pregnant prisoner to any bed that is elevated more than 3 feet above the floor.
(Source: P.A. 101-652, eff. 7-1-21 .) |
55 ILCS 5/3-15004
(55 ILCS 5/3-15004)
Sec. 3-15004. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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55 ILCS 5/3-15005
(55 ILCS 5/3-15005)
Sec. 3-15005. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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55 ILCS 5/3-15006
(55 ILCS 5/3-15006)
Sec. 3-15006. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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55 ILCS 5/3-15007
(55 ILCS 5/3-15007)
Sec. 3-15007. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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55 ILCS 5/3-15008
(55 ILCS 5/3-15008)
Sec. 3-15008. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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55 ILCS 5/3-15009
(55 ILCS 5/3-15009)
Sec. 3-15009. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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55 ILCS 5/3-15010
(55 ILCS 5/3-15010)
Sec. 3-15010. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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55 ILCS 5/3-15011
(55 ILCS 5/3-15011)
Sec. 3-15011. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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55 ILCS 5/3-15012
(55 ILCS 5/3-15012) (from Ch. 34, par. 3-15012)
Sec. 3-15012. Director. The Sheriff shall appoint a Director to act as the
chief executive and administrative officer of the Department. The Director
shall be appointed by the Sheriff with the advice and consent of the county board. He or she shall serve at the pleasure of the Sheriff.
If the Director is removed, the Sheriff shall appoint his or her replacement with the advice and consent of the county board. The Director's
compensation is determined by the County Board.
(Source: P.A. 95-448, eff. 1-1-08.)
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55 ILCS 5/3-15013
(55 ILCS 5/3-15013) (from Ch. 34, par. 3-15013)
Sec. 3-15013.
Employees.
The number of employees of the Department
shall be fixed by order of the judges of the circuit court of the county.
The compensation of such employees shall be such as authorized by the
County Board. All employees are subject to "An Act in relation to County
Police Departments in certain counties, creating a County Police Department
Merit Board and defining its powers and duties", approved August 5, 1963,
as now or hereafter amended (repealed).
(Source: P.A. 86-962.)
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55 ILCS 5/3-15014
(55 ILCS 5/3-15014) (from Ch. 34, par. 3-15014)
Sec. 3-15014.
Annual budget recommendations.
The members of the Board
shall recommend an annual budget to the Sheriff.
(Source: P.A. 86-962.)
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55 ILCS 5/3-15015
(55 ILCS 5/3-15015) (from Ch. 34, par. 3-15015)
Sec. 3-15015.
Appropriations.
The County Board must appropriate and
provide funds for the necessary ordinary and contingent cost incurred by
the office of the Sheriff in the performance of its powers, duties and
functions under this Division.
(Source: P.A. 86-962.)
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55 ILCS 5/3-15016
(55 ILCS 5/3-15016) (from Ch. 34, par. 3-15016)
Sec. 3-15016.
Liability for expenses.
The County Board may require
convicted persons confined in a facility of the Department to reimburse the
county for the expenses incurred by their confinement to the extent of
their ability to pay for such expenses. The State's attorney of the county
in which the facility is located, if authorized by the County Board, may
institute civil actions to recover from such convicted confined persons the
expenses incurred by their confinement. Such expenses recovered shall be
paid into the county treasury.
An arresting authority shall be responsible for any incurred medical
expenses relating to the arrestee until such time as the arrestee is placed
in the custody of the sheriff. However, the arresting authority shall not
be so responsible if the arrest was made pursuant to a request by the Sheriff.
For the purposes of this Section, "arresting authority" means a unit of
local government, other than a county, which employs peace officers and
whose peace officers have made the arrest of a person.
For the purposes of this Section, "medical expenses relating to the
arrestee" means only those expenses incurred for medical care or treatment
provided to an arrestee on account of an injury suffered by the arrestee
during the course of his arrest; the term does not include any expenses
incurred for medical care or treatment provided to an arrestee on account
of a health condition of the arrestee which existed prior to the time of
his arrest.
(Source: P.A. 86-962; 86-1028.)
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55 ILCS 5/Art. 4
(55 ILCS 5/Art. 4 heading)
ARTICLE 4.
FEES AND SALARIES
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55 ILCS 5/4-10005 (55 ILCS 5/4-10005) Sec. 4-10005. County board salaries. (a) Notwithstanding Section 4-10001, a member of a county board shall not receive any salary or other compensation from the county if the member is receiving pension benefits from the Illinois Municipal Retirement Fund under Article 7 of the Illinois Pension Code for the member's service as a county board member. If a member of a county board is receiving benefits from the Illinois Municipal Retirement Fund on the effective date of this amendatory Act of the 101st General Assembly, the member's salary and compensation shall be reduced to zero at the beginning of the member's next term if the member is still receiving pension benefits from the Illinois Municipal Retirement Fund for service as a county board member. (b) This Section does not apply to a county that has adopted an ordinance or resolution effective prior to January 1, 2019 that reduces compensation of elected county officials who are receiving pension benefits from the Illinois Municipal Retirement Fund under Article 7 of the Illinois Pension Code for their service as elected officials of that county to an amount less than other elected county officials who are not receiving such pension benefits for their service as elected officials.
(Source: P.A. 101-544, eff. 8-23-19.) |
55 ILCS 5/Div. 4-1
(55 ILCS 5/Div. 4-1 heading)
Division 4-1.
Classification of Counties
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55 ILCS 5/4-1001
(55 ILCS 5/4-1001) (from Ch. 34, par. 4-1001)
Sec. 4-1001.
Counties classified.
For the purpose of fixing the fees
and compensation of county and township officers in this State, the several
counties therein are hereby divided into 3 classes, according to population
as ascertained by the most recent Federal Census, which classes shall be
known as the first, second and third, as follows:
Counties containing a population of not exceeding 25,000 inhabitants
shall be known as counties of the first class.
Counties containing a population over 25,000 and not exceeding 1,000,000
shall be known as counties of the second class.
Counties containing a population exceeding 1,000,000 shall be known as
counties of the third class.
The fees and compensation of the several officers hereinafter named,
shall be as provided by law in the respective classes of the counties to
which they belong.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 4-2
(55 ILCS 5/Div. 4-2 heading)
Division 4-2.
State's Attorneys Salaries and Fees
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55 ILCS 5/4-2001
(55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
Sec. 4-2001. State's attorney salaries.
(a) There shall be allowed to the several state's attorneys in this State,
except the state's attorney of Cook County, the following annual salary:
(1) Subject to paragraph (5), to each state's | | attorney in counties containing less than 10,000 inhabitants, $40,500 until December 31, 1988, $45,500 until June 30, 1994, and $55,500 thereafter or as set by the Compensation Review Board, whichever is greater.
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(2) Subject to paragraph (5), to each state's
| | attorney in counties containing 10,000 or more inhabitants but less than 20,000 inhabitants, $46,500 until December 31, 1988, $61,500 until June 30, 1994, and $71,500 thereafter or as set by the Compensation Review Board, whichever is greater.
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(3) Subject to paragraph (5), to each state's
| | attorney in counties containing 20,000 or more but less than 30,000 inhabitants, $51,000 until December 31, 1988, $65,000 until June 30, 1994, and $75,000 thereafter or as set by the Compensation Review Board, whichever is greater.
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(4) To each state's attorney in counties of 30,000 or
| | more inhabitants, $65,500 until December 31, 1988, $80,000 until June 30, 1994, and $96,837 thereafter or as set by the Compensation Review Board, whichever is greater.
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(5) Effective December 1, 2000, to each state's
| | attorney in counties containing fewer than 30,000 inhabitants, the same salary plus any cost of living adjustments as authorized by the Compensation Review Board to take effect after January 1, 1999, for state's attorneys in counties containing 20,000 or more but fewer than 30,000 inhabitants, or as set by the Compensation Review Board whichever is greater.
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The State shall furnish 66 2/3% of the total annual compensation
to be paid to each state's attorney in Illinois based on the salary in
effect on December 31, 1988, and 100%
of the increases in salary taking effect after December 31, 1988.
Subject to appropriation, said amounts furnished by the State shall be payable monthly
by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to the county in which each state's attorney is
elected.
Each county shall be required to furnish 33 1/3% of the
total annual compensation to be paid to each state's attorney in Illinois
based on the salary in effect on December 31, 1988.
Within 90 days after the effective date of this amendatory Act of the 96th General Assembly, the county board of any county with a population between 15,000 and 50,000 by resolution or ordinance may increase the amount of compensation to be paid to each eligible state's attorney in their county in the form of a longevity stipend which shall be added to and become part of the salary of the state's attorney for that year. To be eligible, the state's attorney must have served in the elected position for at least 20 continuous years and elect to participate in a program for an alternative annuity for county officers and make the required additional optional contributions as authorized by P.A. 90-32.
(b) Effective December 1, 2000, no state's attorney may engage in
the private practice of law. However, until November 30, 2000,
(i) the state's attorneys in counties containing fewer than 10,000 inhabitants
may engage in the practice of law, and (ii) in any county between 10,000 and
30,000 inhabitants or in any county containing 30,000 or more inhabitants which
reached that population between 1970 and December 31, 1981, the state's
attorney may declare his or her intention to engage in the private practice of
law, and may do so through no later than November 30, 2000, by filing a written
declaration of intent to engage in the private practice of law with the county
clerk. The declaration of intention shall be irrevocable during the remainder
of the term of office. The declaration shall be filed with the county clerk
within 30 days of certification of election or appointment, or within 60 days
of March 15, 1989, whichever is later. In that event the annual salary of such
state's attorney shall be as follows:
(1) In counties containing 10,000 or more inhabitants
| | but less than 20,000 inhabitants, $46,500 until December 31, 1988, $51,500 until June 30, 1994, and $61,500 thereafter or as set by the Compensation Review Board, whichever is greater. The State shall furnish 100% of the increases taking effect after December 31, 1988.
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(2) In counties containing 20,000 or more inhabitants
| | but less than 30,000 inhabitants, and in counties containing 30,000 or more inhabitants which reached said population between 1970 and December 31, 1981, $51,500 until December 31, 1988, $56,000 until June 30, 1994, and $65,000 thereafter or as set by the Compensation Review Board, whichever is greater. The State shall furnish 100% of the increases taking effect after December 31, 1988.
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(c) In counties where a state mental health institution, as hereinafter
defined, is located, one assistant state's attorney shall, subject to appropriation, receive for his
services, payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to the county in which he
is appointed, the following:
(1) To each assistant state's attorney in counties
| | containing less than 10,000 inhabitants, the sum of $2,500 per annum;
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(2) To each assistant state's attorney in counties
| | containing not less than 10,000 inhabitants and not more than 20,000 inhabitants, the sum of $3,500 per annum;
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(3) To each assistant state's attorney in counties
| | containing not less than 20,000 inhabitants and not more than 30,000 inhabitants, the sum of $4,000 per annum;
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(4) To each assistant state's attorney in counties
| | containing not less than 30,000 inhabitants and not more than 40,000 inhabitants, the sum of $4,500 per annum;
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(5) To each assistant state's attorney in counties
| | containing not less than 40,000 inhabitants and not more than 70,000 inhabitants, the sum of $5,000 per annum;
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(6) To each assistant state's attorney in counties
| | containing not less than 70,000 inhabitants and not more than 1,000,000 inhabitants, the sum of $6,000 per annum.
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(d) The population of all counties for the purpose of fixing salaries as
herein provided shall be based upon the last Federal census immediately
previous to the appointment of an assistant state's attorney in each county.
(e) At the request of the county governing authority, in counties where
one or more state correctional institutions, as hereinafter defined, are
located, one or more assistant state's attorneys shall, subject to appropriation, receive for their
services, provided that such services are performed in connection with the
state correctional institution, payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to
the county in which they are appointed, the following:
(1) $22,000 for each assistant state's attorney in
| | counties with one or more State correctional institutions with a total average daily inmate population in excess of 2,000, on the basis of 2 assistant state's attorneys when the total average daily inmate population exceeds 2,000 but is less than 4,000; and 3 assistant state's attorneys when such population exceeds 4,000; with reimbursement to be based on actual services rendered.
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(2) $15,000 per year for one assistant state's
| | attorney in counties having one or more correctional institutions with a total average daily inmate population of between 750 and 2,000 inmates, with reimbursement to be based on actual services rendered.
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(3) A maximum of $12,000 per year for one assistant
| | state's attorney in counties having less than 750 inmates, with reimbursement to be based on actual services rendered.
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Upon application of the county governing authority
| | and certification of the State's Attorney, the Director of Corrections may, in his discretion and subject to appropriation, increase the amount of salary reimbursement to a county in the event special circumstances require the county to incur extraordinary salary expenditures as a result of services performed in connection with State correctional institutions in that county.
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In determining whether or not to increase the amount of salary
reimbursement, the Director shall consider, among other matters:
(1) the nature of the services rendered;
(2) the results or dispositions obtained;
(3) whether or not the county was required to employ
| | additional attorney personnel as a direct result of the services actually rendered in connection with a particular service to a State correctional institution.
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(f) In counties where a State senior institution of higher education is
located, the assistant state's attorneys specified by this Section shall, subject to appropriation,
receive for their services, payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to
the county in which appointed, the following:
(1) $14,000 per year each for employment on a full
| | time basis for 2 assistant state's attorneys in counties having a State university or State universities with combined full time enrollment of more than 15,000 students.
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(2) $7,200 per year for one assistant state's
| | attorney with no limitation on other practice in counties having a State university or State universities with combined full time enrollment of 10,000 to 15,000 students.
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(3) $4,000 per year for one assistant state's
| | attorney with no limitation on other practice in counties having a State university or State universities with combined full time enrollment of less than 10,000 students.
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Such salaries shall be paid to the state's attorney and the assistant
state's attorney in equal monthly installments by such county out of the
county treasury provided that, subject to appropriation, the Department of Revenue shall reimburse each
county monthly, out of the Personal Property Tax Replacement Fund or the General Revenue Fund, the amount of such salary. This
Section shall not prevent the payment of such additional compensation to
the state's attorney or assistant state's attorney of any county, out of
the treasury of that county as may be provided by law.
(g) For purposes of this Section, "State mental health institution" means
any institution under the jurisdiction of the Department of Human Services
that is listed in Section 4 of the Mental Health and
Developmental Disabilities Administrative Act.
For purposes of this Section, "State correctional institution" means
any facility of the Department of Corrections including adult facilities,
juvenile facilities, pre-release centers, community correction centers, and
work camps.
For purposes of this Section, "State university" means the University
of Illinois, Southern Illinois University,
Chicago State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois University,
Northern Illinois University, Western Illinois University, and any public
community college
which has established a program of interinstitutional cooperation with one
of the foregoing institutions whereby a student, after earning an associate
degree from the community college, pursues a course of study at the
community college campus leading to a baccalaureate degree from the
foregoing institution (also known as a "2 Plus 2" degree program).
(h) A number of assistant state's attorneys shall be appointed in each
county that chooses to participate, as provided in this subsection,
for the prosecution of alcohol-related traffic offenses. Each county shall
receive monthly a subsidy for payment of the salaries and
benefits of these
assistant state's attorneys from State funds appropriated to the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund for
that purpose. The amounts of subsidies provided by this subsection shall be
adjusted for inflation each July 1 using the Consumer Price Index of the Bureau
of Labor Statistics of the U.S. Department of Labor.
When a county chooses to participate in the subsidy program described in this
subsection (h), the number of assistant state's attorneys who are prosecuting
alcohol-related traffic offenses must increase according to the subsidy
provided in this subsection. These appointed assistant state's attorneys shall
be in addition to any other assistant state's attorneys assigned to those cases
on the effective date of this amendatory Act of the 91st General Assembly, and
may not replace those assistant state's attorneys. In counties where the
state's attorney is the sole prosecutor, this subsidy shall be used to provide
an assistant state's attorney to prosecute alcohol-related traffic offenses
along with the state's attorney. In counties where the state's attorney is the
sole prosecutor, and in counties where a judge presides over cases involving a
variety of misdemeanors, including alcohol-related traffic matters, assistant
state's attorneys appointed and subsidized by this subsection (h) may also
prosecute the different misdemeanor cases at the direction of the state's
attorney.
Assistant state's attorneys shall be appointed under this subsection in the
following number and counties shall receive the following annual subsidies:
(1) In counties with fewer than 30,000 inhabitants,
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(2) In counties with 30,000 or more but fewer than
| | 100,000 inhabitants, one at $45,000.
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(3) In counties with 100,000 or more but fewer than
| | 300,000 inhabitants, 2 at $45,000 each.
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(4) In counties, other than Cook County, with 300,000
| | or more inhabitants, 4 at $50,000 each.
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The amounts appropriated under this Section must be segregated by
population
classification and disbursed monthly.
If in any year the amount appropriated for the purposes of this subsection
(h) is insufficient to pay all of the subsidies specified in this subsection,
the amount appropriated shall first be prorated by the population
classifications of this subsection (h) and then among the counties choosing
to
participate
within each of those classifications. If any of the appropriated moneys for
each population classification remain at the end of a fiscal year,
the remainder of the moneys may be allocated to participating counties that
were not fully funded during the course of the year. Nothing in
this subsection prohibits 2 or more State's attorneys from combining their
subsidies to appoint a joint assistant State's attorney to
prosecute alcohol-related traffic offenses in multiple counties. Nothing in
this subsection prohibits a State's attorney from appointing an
assistant State's attorney by contract or otherwise.
(Source: P.A. 96-259, eff. 8-11-09; 97-72, eff. 7-1-11.)
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55 ILCS 5/4-2002
(55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
Sec. 4-2002. (Repealed).
(Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 100-987, eff. 7-1-19.) |
55 ILCS 5/4-2002.1
(55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
Sec. 4-2002.1. (Repealed).
(Source: P.A. 100-201, eff. 8-18-17. Repealed by P.A. 100-987, eff. 7-1-19.)
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55 ILCS 5/4-2003
(55 ILCS 5/4-2003) (from Ch. 34, par. 4-2003)
Sec. 4-2003. Assistants. (a) Except as provided in Section 4-2001, where
assistant State's Attorneys are
required in any county, the number of such assistants shall be determined
by the county board, and the salaries of such assistants shall be fixed by
the State's Attorney subject to budgetary limitations established by the
county board and paid out of the county treasury in quarterly annual
installments, on the order of the county board on the treasurer of said
county. Such assistant State's Attorneys are to be named by the State's
Attorney of the county, and when so appointed shall take the oath of office
in the same manner as State's Attorneys and shall be under the
supervision of the State's Attorney. (b) The State's Attorney may appoint qualified attorneys to assist as Special Assistant State's Attorneys when the public interest so requires.
(Source: P.A. 100-669, eff. 1-1-19 .)
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55 ILCS 5/4-2004
(55 ILCS 5/4-2004) (from Ch. 34, par. 4-2004)
Sec. 4-2004. Collection and disposition of fines and forfeitures. It
shall be the duty of State's attorneys to attend to the collection of all
fines and forfeitures in criminal cases, and they shall, without delay, pay
over all fines and forfeitures collected by them to the county treasurer to
be deposited into the general corporate fund of the county, except as
otherwise specifically provided by law.
(Source: P.A. 100-987, eff. 7-1-19 .)
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55 ILCS 5/4-2005
(55 ILCS 5/4-2005) (from Ch. 34, par. 4-2005)
Sec. 4-2005. Payment of salaries; disposition of fees. The salaries
of the State's attorneys, excepting that part which is to be paid out of
the State treasury as now provided for by law, and the salaries of all
Assistant State's attorneys shall be paid out of the general corporate fund
of the county treasury of the county in which the State's attorney resides,
on the order of the county board by the treasurer of the county: The fees
which are now, or may hereafter, be provided by law to be paid by the
defendant or defendants, as State's attorney's fees, shall be taxed as
costs and all fees, fines, forfeitures and penalties shall be collected by
the State's attorney, except as
otherwise specifically provided by law, and shall
be paid by him directly into the county treasury
to be deposited into the general corporate fund of the county. The county
treasurer shall receipt therefor.
(Source: P.A. 100-987, eff. 7-1-19 .)
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55 ILCS 5/4-2006
(55 ILCS 5/4-2006) (from Ch. 34, par. 4-2006)
Sec. 4-2006. Report of fees.
(a) It is hereby made the duty of all State's attorneys to report to
the circuit court at such times as the court shall determine by rule, the
payment and collection of all fees, fines, forfeitures and penalties and to
satisfy the court by voucher or otherwise, that all fees, fines,
forfeitures and penalties by them collected, except as
otherwise specifically provided by law, have been duly paid over to
the county treasurer, as required by Section 4-2005, and the
State's attorney shall have no further interest in conviction fees, fines,
forfeitures and penalties or moneys collected by virtue of such office. The
court shall note the filing of the report and fix a day certain not less
than 30 days thereafter, when objections in writing may be filed to such
report by any one or more taxpayers of the county, and when objections are
filed to such report a hearing may be had upon such report and objections
at such time and in such manner as the court may direct and after such
hearing the court may approve or disapprove of such report as justice may
require, and make all proper orders in reference thereto, and if no
objections have been filed, the court shall inspect such report and require
the State's attorney to produce evidence in proof of his having paid over
as required by law all fines and forfeitures collected by him; and if it
appears to the court that any State's attorney has failed or refused to
turn over the fines and forfeitures collected by him as required by law the
court shall at once suspend him and appoint a State's attorney pro tempore
to perform the duties of the office until such State's attorney shall have
complied with the provisions of this Division or the orders of
the court in regard thereto. The court, for the purpose of carrying out the
provisions of this Section shall have the power to examine books and papers
and to issue subpoenas to compel the appearance of persons and the
production of books and records: Provided, however, no order entered under
this Section shall be a bar to any proper proceedings against such State's
attorney and his bondsman to require him to account for moneys collected
and not paid over by him as required by law.
(b) Waiver of report of fees. The filing of the report of fees as
provided by subsection (a) of this Section may be waived by written
administrative order of the chief judge of the circuit upon written request
and affidavit of the State's attorney of a county within the circuit that
all fines, fees, forfeitures, and restitution are collected by the clerk of
the circuit court and that none of those funds pass through the office of
the State's attorney.
(Source: P.A. 100-987, eff. 7-1-19 .)
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55 ILCS 5/Div. 4-3
(55 ILCS 5/Div. 4-3 heading)
Division 4-3.
Cook County State's Attorney - Compensation
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55 ILCS 5/4-3001
(55 ILCS 5/4-3001) (from Ch. 34, par. 4-3001)
Sec. 4-3001. State's attorney; assistants.
(a) The State's Attorney of Cook County shall be paid an annual salary of
$75,000 until December 31, 1988, $90,000 until November 30, 1990, $100,000
until June 30, 1994, and $112,124 thereafter or as set by the Compensation
Review Board, whichever is greater.
Such sums shall be in full payment for all services rendered by him.
Until July 1, 2011, the State shall furnish from the State treasury 66 2/3% of such salary in
effect on December 31, 1988 and 100% of the increases in salary taking effect
after December 31, 1988. Beginning on July 1, 2011, the Department of Revenue shall furnish from State funds appropriated to it out of the Personal Property Tax Replacement Fund or the General Revenue Fund for that purpose 66 2/3% of such salary in effect on December 31, 1988 and 100% of the increases in salary taking effect after December 31, 1988. Cook County shall furnish 33 1/3% of such salary
in effect on December 31, 1988. The State's Attorney of Cook County may not
engage in the private practice of law.
(b) If Cook County chooses to participate in the subsidy program described
in this subsection (b), 24 assistant state's attorneys shall be appointed for
the prosecution of alcohol-related traffic offenses. Cook County shall
annually receive a subsidy for the payment of the salaries and benefits of
these assistant state's attorneys from State funds appropriated to the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund for distribution to Cook County
for that purpose. The amount of the subsidy shall equal $50,000 per assistant
state's attorney appointed under this subsection, adjusted for inflation each
July 1 using the Consumer Price Index of the Bureau of Labor Statistics of the
U.S. Department of Labor. If in any year the amount appropriated for the
purposes of this subsection (b) is insufficient, the annual subsidy shall be
reduced accordingly.
When and if Cook County chooses to participate in the subsidy program
described in this subsection (b), the number of assistant state's attorneys
who are prosecuting alcohol-related traffic offenses must increase by 24.
These appointed assistant state's attorneys shall be in addition to any other
assistant state's attorneys assigned to those cases on the effective date of
this amendatory Act of the 91st General Assembly, and may not replace those
assistant state's attorneys. Cook County assistant state's attorneys appointed
and subsidized by this subsection (b) may also prosecute other types of
misdemeanor cases at the direction of the Cook County State's Attorney.
(Source: P.A. 97-72, eff. 7-1-11.)
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55 ILCS 5/4-3002
(55 ILCS 5/4-3002) (from Ch. 34, par. 4-3002)
Sec. 4-3002.
Manner of payment.
The compensation to the
State's attorney shall be paid in installments by the county
clerk, at the end of each half month by drawing a warrant in
favor of the State's attorney on the county treasurer who shall
pay the same on presentation properly endorsed. No warrant shall
be drawn or money paid to the State's attorney, unless he shall
have made for the preceding fiscal quarter a report to the county
commissioners and paid into the county treasury all fees collected
by him as State's attorney for the fiscal quarter.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 4-4
(55 ILCS 5/Div. 4-4 heading)
Division 4-4.
County Clerk Fees - First
and Second Class Counties
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