93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4486

 

Introduced 02/03/04, by Charles E. Jefferson

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-2-2.2   from Ch. 38, par. 1003-2-2.2

    Amends the Unified Code of Corrections. Provides that subject to appropriations by the General Assembly to the Department of Corrections for these purposes, the Department shall reimburse the county or counties for operation of juvenile detention centers. Provides that that reimbursement shall be for 100% of the salaries and travel expenses for all employees and supervisors at the county juvenile detention centers. Provides that the county treasurer in each county shall establish a juvenile detention center fund consisting of reimbursements by the Department for funding the operation of the county's juvenile detention centers.


LRB093 18294 RLC 43997 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4486 LRB093 18294 RLC 43997 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unified Code of Corrections is amended by
5 changing Section 3-2-2.2 as follows:
 
6     (730 ILCS 5/3-2-2.2)  (from Ch. 38, par. 1003-2-2.2)
7     Sec. 3-2-2.2. County juvenile detention centers; funding.
8     (a) In addition to all other powers, duties and
9 responsibilities otherwise provided by law, the Department
10 shall administer the County Juvenile Detention Center
11 Revolving Loan Fund, a special fund in the State treasury which
12 is hereby created. The Department shall accept for deposit into
13 such fund any and all grants, loans, subsidies, matching funds,
14 reimbursements, appropriations, transfers of appropriations,
15 income derived from investments, State bond proceeds, proceeds
16 from repayment of loans, or other things of value from the
17 federal or State government or any person, firm or public or
18 private corporation. Monies in the County Juvenile Detention
19 Center Revolving Loan Fund shall be invested in the same manner
20 as provided in "An Act relating to certain investments of
21 public funds by public agencies", approved July 23, 1973. The
22 Department shall loan money from the County Juvenile Detention
23 Center Revolving Loan Fund to any county for the purpose of
24 constructing a new juvenile detention center or non-secure
25 group home or remodeling, reconstructing or renovating an
26 existing juvenile detention center or non-secure group home.
27 Such facilities shall be administered by the Circuit Court. The
28 Department shall adopt rules and regulations establishing
29 criteria to be used in determining loan eligibility and the
30 interest rate, if any, to be charged on money loaned from the
31 fund. The interest rate shall not exceed 80% of the prime
32 interest rate charged by the largest commercial bank in the

 

 

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1 State of Illinois at the time that the loan is approved. The
2 eligibility criteria shall include the following factors:
3         (1) (a) creditworthiness of the county;
4         (2) (b) ability of the county to borrow money by
5     traditional methods;
6         (3) (c) evidence of the county's efforts to raise funds
7     in traditional markets;
8         (4) (d) the costs of borrowing that the county would
9     encounter in traditional markets;
10         (5) (e) a direct appropriation by the General Assembly;
11     and
12         (6) (f) approval by the chief judge of the circuit.
13     To be eligible for a loan from the fund, a county must
14 demonstrate it has the ability to make debt service payments.
15     No county shall finance more than 75% of the total costs of
16 constructing, reconstructing, upgrading or expanding a
17 facility from the fund. The term of payment for loans
18 authorized by the Department shall be at least 10 years. The
19 Department may impose such other charges or fees as it deems
20 necessary to defray the costs of administering loans from the
21 fund.
22     No loan shall be granted within three years of the granting
23 of any other loan under this program within the same circuit.
24     Counties in the process of upgrading county juvenile
25 detention facilities and non-secure group homes on the
26 effective date of this amendatory Act of 1990 and counties that
27 combine to construct a regional facility shall be eligible for
28 loans from the fund.
29     (b) Subject to appropriations by the General Assembly to
30 the Department for these purposes, the Department shall
31 reimburse the county or counties for operation of juvenile
32 detention centers as follows:
33         (1) 100% of the salary for all employee and supervisor
34     positions at county juvenile detention centers approved
35     for reimbursement by the Department.
36         (2) 100% of the travel expenses in accordance with

 

 

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1     Department standards for all juvenile detention center
2     personnel.
3     (c) The county treasurer in each county shall establish a
4     juvenile detention center fund consisting of reimbursements by
5     the Department for funding the operation of the county's
6     juvenile detention centers. The county treasurer shall
7     disburse monies from the fund only at the direction of the
8     sheriff where the county is located. The county treasurer of
9     each county shall, on or before January 10 of each year, submit
10     an annual report to the Department detailing the expenditures
11     made from the juvenile detention center fund. Monies in the
12     juvenile detention center fund shall be appropriated by the
13     county board to be used within the county or jurisdiction where
14     collected in accordance with policies and guidelines approved
15     by the Department for the costs of operating the county's
16     juvenile detention centers. Monies expended from the juvenile
17     detention center fund shall be used to supplement, not
18     supplant, county appropriations for the operation of juvenile
19     detention centers. Interest earned on monies deposited in a
20     juvenile detention center fund may be used by the county for
21     its ordinary and contingent expenditures.
22 (Source: P.A. 86-1327.)