Rep. Frank J. Mautino

Filed: 2/24/2011

 

 


 

 


 
09700HB1446ham001LRB097 05363 RLC 50703 a

1
AMENDMENT TO HOUSE BILL 1446

2    AMENDMENT NO. ______. Amend House Bill 1446 by replacing
3the title with the following:
4    "AN ACT in relation to criminal justice."; and
 
5by replacing everything after the enacting clause with the
6following:
 
7    "Section 5. The Probation and Probation Officers Act is
8amended by changing Section 15.1 as follows:
 
9    (730 ILCS 110/15.1)  (from Ch. 38, par. 204-7.1)
10    Sec. 15.1. Probation and Court Services Fund.
11    (a) The county treasurer in each county shall establish a
12probation and court services fund consisting of fees collected
13pursuant to subsection (i) of Section 5-6-3 and subsection (i)
14of Section 5-6-3.1 of the Unified Code of Corrections,
15subsection (10) of Section 5-615 and subsection (5) of Section

 

 

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15-715 of the Juvenile Court Act of 1987, and paragraph 14.3 of
2subsection (b) of Section 110-10 of the Code of Criminal
3Procedure of 1963. The county treasurer shall disburse monies
4from the fund only at the direction of the chief judge of the
5circuit court in such circuit where the county is located. The
6county treasurer of each county shall, on or before January 10
7of each year, submit an annual report to the Supreme Court.
8    (b) Monies in the probation and court services fund shall
9be appropriated by the county board to be used within the
10county or jurisdiction where collected in accordance with
11policies and guidelines approved by the Supreme Court for the
12costs of operating the probation and court services department
13or departments; however, except as provided in subparagraph
14(g), monies in the probation and court services fund shall not
15be used for the payment of salaries of probation and court
16services personnel.
17    (c) Monies expended from the probation and court services
18fund shall be used to supplement, not supplant, county
19appropriations for probation and court services.
20    (d) Interest earned on monies deposited in a probation and
21court services fund may be used by the county for its ordinary
22and contingent expenditures.
23    (e) The county board may appropriate moneys from the
24probation and court services fund, upon the direction of the
25chief judge, to support programs that are part of the continuum
26of juvenile delinquency intervention programs which are or may

 

 

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1be developed within the county. The grants from the probation
2and court services fund shall be for no more than one year and
3may be used for any expenses attributable to the program
4including administration and oversight of the program by the
5probation department.
6    (f) The county board may appropriate moneys from the
7probation and court services fund, upon the direction of the
8chief judge, to support practices endorsed or required under
9the Sex Offender Management Board Act, including but not
10limited to sex offender evaluation, treatment, and monitoring
11programs that are or may be developed within the county.
12    (g) (Blank). For the State Fiscal Years 2005, 2006, and
132007 only, the Administrative Office of the Illinois Courts may
14permit a county or circuit to use its probation and court
15services fund for the payment of salaries of probation officers
16and other court services personnel whose salaries are
17reimbursed under this Act if the State's FY2005, FY2006, or
18FY2007 appropriation to the Supreme Court for reimbursement to
19counties for probation salaries and services is less than the
20amount appropriated to the Supreme Court for these purposes for
21State Fiscal Year 2004. The Administrative Office of the
22Illinois Courts shall take into account each county's or
23circuit's probation fee collections and expenditures when
24apportioning the total reimbursement for each county or
25circuit.
26    (h) The Administrative Office of the Illinois Courts may

 

 

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1permit a county or circuit to use its probation and court
2services fund for the payment of salaries of probation officers
3and other court services personnel whose salaries are
4reimbursed under this Act in any State fiscal year that the
5appropriation for reimbursement to counties for probation
6salaries and services is less than the amount appropriated to
7the Supreme Court for these purposes for State Fiscal Year
82002. The Administrative Office of the Illinois Courts shall
9take into account each county's or circuit's probation fee
10collections and expenditures when appropriating the total
11reimbursement for each county or circuit. Any amount
12appropriated to the Supreme Court in any State fiscal year for
13the purpose of reimbursing Cook County for the salaries and
14operations of the Cook County Juvenile Temporary Detention
15Center shall not be counted in the total appropriation to the
16Supreme Court in that State fiscal year for reimbursement to
17counties for probation salaries and services, for the purposes
18of this paragraph (h).
19(Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707,
20eff. 1-11-08.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".