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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5342
Introduced 01/26/06, by Rep. Marlow H. Colvin SYNOPSIS AS INTRODUCED:
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730 ILCS 125/5 |
from Ch. 75, par. 105 |
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Amends the County Jail Act. Provides that the Illinois Department of Corrections shall pay the county one-half of the cost of incarceration of a person who is serving a term of mandatory supervised release for a felony if the person is incarcerated in a county jail on a new charge for a new offense (rather than being incarcerated for a violation of mandatory supervised release for the particular felony) for each day the person remains in the county jail only if (1) there is an outstanding warrant against the defendant issued by Illinois Department of Corrections for an alleged violation of a condition of mandatory supervised release based upon the acts alleged in the new charge; (2) a judge finds the defendant eligible for bond on the new charge; (3) the defendant is able to post the required bond; (4) the county notifies the Illinois Department of Corrections of the disposition of the bond hearing; and (5) the defendant remains in the custody of the county jail for more than 48 hours after the notice is provided to the Illinois Department of Corrections. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5342 |
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LRB094 17436 RLC 52731 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The County Jail Act is amended by changing |
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| Section 5 as follows:
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| (730 ILCS 125/5) (from Ch. 75, par. 105)
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| Sec. 5. Costs of maintaining prisoners.
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| (a) Except as provided in subsection (b), all costs of |
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| maintaining persons
committed for violations of Illinois law, |
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| shall be the responsibility of the
county. Except as provided |
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| in subsection (b), all costs of maintaining
persons committed |
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| under any ordinance or resolution of a unit of local
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| government, including medical costs, is the responsibility of |
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| the unit of local
government enacting the ordinance or |
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| resolution, and arresting the person.
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| (b) If a person who is serving a term of
has been convicted |
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| of a felony and has violated
mandatory supervised release for a
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| that felony is incarcerated in a county jail
on a new charge |
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| for a new offense
pending the resolution of the violation of |
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| mandatory supervised release, the
Illinois Department of |
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| Corrections shall pay the county in which that jail is
located |
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| one-half of the cost of incarceration, as calculated by the |
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| Governor's Office of Management and Budget and the county's |
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| chief financial officer, for each day
that the person remains |
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| in the county jail if all of the following conditions are met: |
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| (1) there is an outstanding warrant against the |
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| defendant issued by Illinois Department of Corrections for |
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| an alleged violation of a condition of mandatory supervised |
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| release based upon the acts alleged in the new charge; |
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| (2) a judge finds the defendant eligible for bond on |
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| the new charge; |
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| (3) the defendant is able to post the required bond; |