Illinois General Assembly - Full Text of SB0132
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Full Text of SB0132  102nd General Assembly

SB0132 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0132

 

Introduced 2/3/2021, by Sen. Rachelle Crowe

 

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.


LRB102 04135 RLC 14152 b

 

 

A BILL FOR

 

SB0132LRB102 04135 RLC 14152 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
22officer, for each day that the person remains in the county
23jail after notice of the incarceration is given to the

 

 

SB0132- 2 -LRB102 04135 RLC 14152 b

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

 

 

SB0132- 3 -LRB102 04135 RLC 14152 b

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

 

 

SB0132- 4 -LRB102 04135 RLC 14152 b

1        incarceration under Section 3-6038 or 3-15003.5 of the
2        Counties Code; or
3            (C) has been sentenced to a term of periodic
4        imprisonment at a county jail under Section 5-7-1 of
5        the Unified Code of Corrections.
6(Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07.)