State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0564

SB2195 Enrolled                                LRB9213480RCcd

    AN ACT in relation to criminal law.

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

    Section   5.   The Unified Code of Corrections is amended
by changing Section 3-7-6 as follows:

    (730 ILCS 5/3-7-6) (from Ch. 38, par. 1003-7-6)
    Sec. 3-7-6.  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 Convicted persons committed to the
Department correctional institutions or facilities  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 good conduct
    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  convicted   person
committed   to   Department   correctional   institutions  or
facilities for his or her confinement incarceration 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  convicted  person  is  placed  in  a  facility
outside  the  Department,  the  Department may pay the actual
cost  of  services  in  that  facility,   and   may   collect
reimbursement  for  the entire amount paid from the committed
convicted 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 convicted person in various Department correctional
institutions  or  facilities for various periods of time; and
the  record  of  transactions  of  a   particular   committed
convicted  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  contained
therein.
    (d)  Authority.   The   Director,   or   the   Director's
designee,  may,  when  he or she knows or reasonably believes
that a committed convicted person committed to the Department
correctional institutions or facilities,  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  convicted
person  committed to the Department correctional institutions
or facilities 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 assets of the committed
person and  an  estimate  of  the  total  expenses  for  that
committed  person,  and  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  convicted
persons  committed  to Department correctional facilities the
expenses incurred by their confinement. 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 convicted 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 convicted 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  convicted  person  toward  the  cost  of  care
    provided by a State facility or private agency.
(Source:  P.A.  89-428,  eff.  12-13-95; 89-688, eff. 6-1-97;
90-85, eff. 7-10-97.)
    Passed in the General Assembly April 17, 2002.
    Approved June 24, 2002.
    Effective January 01, 2003.

[ Top ]