Illinois General Assembly - Bill Status for HB5342
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 Bill Status of HB5342  94th General Assembly


Short Description:  COUNTY JAIL-COSTS

House Sponsors
Rep. Marlow H. Colvin - Monique D. Davis

Senate Sponsors
(Sen. Donne E. Trotter)

Last Action
DateChamber Action
  11/16/2006HouseBill Dead - No Positive Action Taken - Amendatory Veto

Statutes Amended In Order of Appearance
730 ILCS 125/5from Ch. 75, par. 105


Synopsis As Introduced
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.

House Committee Amendment No. 1
Deletes everything after the enacting clause. Amends the County Jail Act. Provides that if a person who is serving a term of mandatory supervised release for a felony is incarcerated in a county jail, the Illinois Department of Corrections shall pay the county in which that jail is located one-half of the cost of incarceration, as calculated by the Governor's Office of Management and Budget and the county's chief financial officer, for each day that the person remains in the county jail after notice of the incarceration is given to the Illinois Department of Corrections by the county, provided that (i) the Illinois Department of Corrections has issued a warrant for an alleged violation of mandatory supervised release by the person; (ii) if the person is incarcerated on a new charge, unrelated to the offense for which he or she is on mandatory supervised release, there has been a court hearing at which bail has been set on the new charge; (iii) the county has notified the Illinois Department of Corrections that the person is incarcerated in the county jail, which notice shall not be given until the bail hearing has concluded, if the person is incarcerated on a new charge; and (iv) the person remains incarcerated in the county jail for more than 48 hours after the notice has been given to the Department of Corrections by the county. Effective immediately.

Senate Committee Amendment No. 1
Provides that if a person who is serving a term of mandatory supervised release is incarcerated in a county jail, following an arrest on a warrant issued by the Illinois Department of Corrections, solely for violation of a condition of mandatory supervised release and not on any new charges for a new offense, then the Illinois Department of Corrections shall pay the medical costs incurred by the county in securing treatment for that person, for any injury or condition other than one arising out of or in conjunction with the arrest of the person or resulting from the conduct of county personnel, while he or she remains in the county jail on the warrant issued by the Illinois Department of Corrections.

Senate Floor Amendment No. 2
Adds reference to:
725 ILCS 5/103-5from Ch. 38, par. 103-5

Amends the Code of Criminal Procedure of 1963. Provides that the provision requiring a person to be tried within 160 days from the date that the person demands trial if the person is on bail or recognizance do not apply to a person on bail or recognizance for an offense but who is in custody for a violation of his or her parole or mandatory supervised release for another offense.

Governor Amendatory Veto Message
Recommends that, in provisions of the Code of Criminal Procedure of 1963 requiring a person in custody for an alleged offense to be tried within 120 days from the date the person was taken into custody (with specified exceptions), language be added stating that the requirement does not apply to a person who is on bail or recognizance for an offense but who is in custody for a violation of his or her parole or mandatory supervised release for another offense. Also recommends that, in provisions of the Code of Criminal Procedure of 1963 requiring a person on bail or recognizance to be tried within 160 days from the date the person demands trial (with specified exceptions), language be deleted stating that the requirement does not apply to a person who is on bail or recognizance for an offense but who is in custody for a violation of his or her parole or mandatory supervised release for another offense.

Actions 
DateChamber Action
  1/26/2006HouseFiled with the Clerk by Rep. Marlow H. Colvin
  1/26/2006HouseFirst Reading
  1/26/2006HouseReferred to Rules Committee
  2/21/2006HouseFinal Action Deadline Extended-9(b) March 3, 2006
  2/21/2006HouseAssigned to Judiciary II - Criminal Law Committee
  2/21/2006HouseMotion to Suspend Rule 25 - Prevailed
  2/22/2006HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  2/22/2006HouseHouse Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  2/22/2006HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 013-000-000
  2/22/2006HousePlaced on Calendar 2nd Reading - Short Debate
  2/28/2006HouseSecond Reading - Short Debate
  2/28/2006HouseHeld on Calendar Order of Second Reading - Short Debate
  3/3/2006HouseAdded Chief Co-Sponsor Rep. Monique D. Davis
  3/3/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/3/2006HouseThird Reading - Short Debate - Passed 114-000-000
  3/7/2006SenateArrive in Senate
  3/7/2006SenatePlaced on Calendar Order of First Reading
  3/7/2006SenateChief Senate Sponsor Sen. Donne E. Trotter
  3/7/2006SenateFirst Reading
  3/7/2006SenateReferred to Rules
  3/8/2006SenateAssigned to Judiciary
  3/15/2006SenateHeld in Judiciary
  3/15/2006SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Donne E. Trotter
  3/15/2006SenateSenate Committee Amendment No. 1 Referred to Rules
  3/23/2006SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  3/23/2006SenateSenate Committee Amendment No. 1 Adopted
  3/24/2006SenateDo Pass as Amended Judiciary; 009-000-000
  3/24/2006SenatePlaced on Calendar Order of 2nd Reading March 27, 2006
  3/27/2006SenateSecond Reading
  3/27/2006SenatePlaced on Calendar Order of 3rd Reading March 28, 2006
  3/28/2006SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Donne E. Trotter
  3/28/2006SenateSenate Floor Amendment No. 2 Referred to Rules
  3/29/2006SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary
  3/29/2006SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 010-000-000
  3/30/2006SenateRecalled to Second Reading
  3/30/2006SenateSenate Floor Amendment No. 2 Adopted; Trotter
  3/30/2006SenatePlaced on Calendar Order of 3rd Reading
  3/30/2006SenateThird Reading - Passed; 056-000-000
  3/30/2006HouseArrived in House
  3/30/2006HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1,2
  4/3/2006HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Marlow H. Colvin
  4/3/2006HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Marlow H. Colvin
  4/3/2006HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  4/3/2006HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/3/2006HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 003-002-000
  5/3/2006HouseSenate Floor Amendment No. 2 Motion to Concur Recommends be Adopted Rules Committee; 003-002-000
  5/4/2006HouseSenate Committee Amendment No. 1 House Concurs 105-000-000
  5/4/2006HouseSenate Floor Amendment No. 2 House Concurs 105-000-000
  5/4/2006HousePassed Both Houses
  6/2/2006HouseSent to the Governor
  7/31/2006HouseGovernor Amendatory Veto
  11/1/2006HousePlaced on Calendar Amendatory Veto November 14, 2006
  11/16/2006HouseBill Dead - No Positive Action Taken - Amendatory Veto

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