State of Illinois
91st General Assembly
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Public Act 91-0273

SB570 Enrolled                                 SRS91S0021MMch

    AN ACT to amend the Counties Code  by  changing  Sections
4-2001, 4-2003, and 4-3001.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Counties  Code  is  amended  by  changing
Sections 4-2001, 4-2003, and 4-3001 as follows:

    (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)  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.
         (2)  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.
         (3)  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.
         (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.
    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.
    Said  amounts  furnished  by  the  State shall be payable
monthly from the state treasury 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.
    (b)  Except  in  counties  containing  fewer  than 10,000
inhabitants and except as  provided  in  this  paragraph,  no
state's  attorney  may engage in the private practice of law.
However, in any county between 10,000 and 30,000  inhabitants
or  in any county containing 30,000 or more inhabitants which
reached such population between 1970 and December  31,  1981,
the  state's  attorney may declare his intention to engage in
the private practice of law 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.
         (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.
    (c)  In counties where a state mental health institution,
as  hereinafter  defined,  is  located, one assistant state's
attorney shall receive for his services, payable monthly from
the state treasury 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;
         (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;
         (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;
         (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;
         (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;
         (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.
    (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 receive for their services,  provided
that such services are performed in connection with the state
correctional  institution,  payable  monthly  from  the state
treasury 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.
         (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.
         (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.
         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.
    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.
    (f)  In  counties  where  a  State  senior institution of
higher education is located, the assistant state's  attorneys
specified  by  this Section shall receive for their services,
payable monthly from the State  treasury  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.
         (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.
         (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.
    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 the
State of Illinois shall reimburse each  county  monthly  from
the  state  treasury 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
annually a subsidy for payment of the salaries  and  benefits
of   these  assistant  state's  attorneys  from  State  funds
appropriated to the county 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,
    one at $35,000.
         (2)  In  counties with 30,000 or more but fewer than
    100,000 inhabitants, one at $45,000.
         (3)  In counties with 100,000 or more but fewer than
    300,000 inhabitants, 2 at $45,000 each.
         (4)  In  counties,  other  than  Cook  County,  with
    300,000 or more inhabitants, 4 at $50,000 each.
(Source:  P.A.  89-507,  eff.  7-1-97;  90-14,  eff.  7-1-97;
90-375, eff. 8-14-97.)

    (55 ILCS 5/4-2003) (from Ch. 34, par. 4-2003)
    Sec. 4-2003. Assistants. 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 like  manner  as  State's
Attorneys,  and shall be under the supervision of the State's
Attorney.
(Source: P.A. 86-962; 86-1303; revised 10-31-98.)

    (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.  The State  shall  furnish  from  the  State
treasury  66 2/3%  of  such  salary in effect on December 31,
1988, 100% of the increases in  salary  taking  effect  after
December  31,  1988, and 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 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.
    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. 90-375, eff. 8-14-97.)

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