101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3218

 

Introduced 2/11/2020, by Sen. Dave Syverson

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 125/5  from Ch. 75, par. 105

    Amends the County Jail Act. Provides that if the court orders a person who is incarcerated in the county jail placed in the custody of the Department of Human Services for mental health treatment, and the Department of Human Services does not find bed space for that person in a Department of Human Services mental health facility within 30 days after the sheriff notifies the Department of Human Services of the court order, then the State shall reimburse the county where the jail is holding the person for the costs of maintaining the person beyond the 30-day period after notification. Provides to which persons incarcerated in a county jail the provision is applicable.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3218LRB101 20530 RLC 70137 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The County Jail Act is amended by changing
5Section 5 as follows:
 
6    (730 ILCS 125/5)  (from Ch. 75, par. 105)
7    Sec. 5. Costs of maintaining prisoners.
8    (a) Except as provided in subsections (b), and (c), and
9(d), all costs of maintaining persons committed for violations
10of Illinois law, shall be the responsibility of the county.
11Except as provided in subsection (b), all costs of maintaining
12persons committed under any ordinance or resolution of a unit
13of local government, including medical costs, is the
14responsibility of the unit of local government enacting the
15ordinance or resolution, and arresting the person.
16    (b) If a person who is serving a term of mandatory
17supervised release for a felony is incarcerated in a county
18jail, the Illinois Department of Corrections shall pay the
19county in which that jail is located one-half of the cost of
20incarceration, as calculated by the Governor's Office of
21Management and Budget and the county's chief financial officer,
22for each day that the person remains in the county jail after
23notice of the incarceration is given to the Illinois Department

 

 

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1of Corrections by the county, provided that (i) the Illinois
2Department of Corrections has issued a warrant for an alleged
3violation of mandatory supervised release by the person; (ii)
4if the person is incarcerated on a new charge, unrelated to the
5offense for which he or she is on mandatory supervised release,
6there has been a court hearing at which bail has been set on
7the new charge; (iii) the county has notified the Illinois
8Department of Corrections that the person is incarcerated in
9the county jail, which notice shall not be given until the bail
10hearing has concluded, if the person is incarcerated on a new
11charge; and (iv) the person remains incarcerated in the county
12jail for more than 48 hours after the notice has been given to
13the Department of Corrections by the county. Calculation of the
14per diem cost shall be agreed upon prior to the passage of the
15annual State budget.
16    (c) If a person who is serving a term of mandatory
17supervised release is incarcerated in a county jail, following
18an arrest on a warrant issued by the Illinois Department of
19Corrections, solely for violation of a condition of mandatory
20supervised release and not on any new charges for a new
21offense, then the Illinois Department of Corrections shall pay
22the medical costs incurred by the county in securing treatment
23for that person, for any injury or condition other than one
24arising out of or in conjunction with the arrest of the person
25or resulting from the conduct of county personnel, while he or
26she remains in the county jail on the warrant issued by the

 

 

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1Illinois Department of Corrections.
2    (d) If the court orders a person who is incarcerated in the
3county jail placed in the custody of the Department of Human
4Services for mental health treatment, and the Department of
5Human Services does not find bed space for that person in a
6Department of Human Services mental health facility within 30
7days after the sheriff notifies the Department of Human
8Services of the court order, then the State shall reimburse the
9county where the jail is holding the person for the costs of
10maintaining the person beyond the 30-day period after
11notification.
12    This subsection (d) applies to a person who:
13        (1) has been charged with an offense, is held in
14    custody in the county jail, and has been ordered by the
15    court to be placed in the custody of the Department of
16    Human Services for mental health treatment under Section
17    104-17 of the Code of Criminal Procedure of 1963; or
18        (2) has been ordered by the court under the Unified
19    Code of Corrections or the Mental Health and Developmental
20    Disabilities Code to be placed in the custody of the
21    Department of Human Services for mental health treatment
22    and who:
23            (A) is imprisoned in a county jail for a
24        misdemeanor;
25            (B) has been sentenced to a county impact
26        incarceration under Section 3-6038 or 3-15003.5 of the

 

 

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1        Counties Code; or
2            (C) has been sentenced to a term of periodic
3        imprisonment at a county jail under Section 5-7-1 of
4        the Unified Code of Corrections.
5(Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07.)