Full Text of SB3050 94th General Assembly
SB3050 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB3050
Introduced 1/20/2006, by Sen. John O. Jones SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-7-6 |
from Ch. 38, par. 1003-7-6 |
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Amends the Unified Code of Corrections. Re-enacts the provisions of Section 3-7-6 of the Code, relating to reimbursement of the Department for the costs of incarceration. This Section was affected by Public Act 88-669, which has been held to be unconstitutional as a violation of the single subject clause of the Illinois Constitution. Includes validation provisions. Effective immediately.
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A BILL FOR
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SB3050 |
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LRB094 18775 EFG 54169 b |
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| AN ACT in relation to 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 1. Findings; purpose; validation. | 5 |
| (a) The General Assembly finds and declares that: | 6 |
| (1) Public Act 88-669, effective November 29, 1994, | 7 |
| contained provisions amending Section 3-7-6 of the Unified | 8 |
| Code of Corrections, relating to reimbursement of the | 9 |
| Department for the costs of incarceration. Public Act | 10 |
| 88-669 also contained other provisions. | 11 |
| (2) The Illinois Supreme Court declared Public Act | 12 |
| 88-669 to be unconstitutional as a violation of the single | 13 |
| subject clause of the Illinois Constitution in People v. | 14 |
| Olender , Docket No. 98932, opinion filed December 15, 2005. | 15 |
| (b) The purpose of this Act is to re-enact the provisions | 16 |
| of Section 3-7-6 of the Unified Code of Corrections and to | 17 |
| minimize or prevent any problems concerning those provisions | 18 |
| that may arise from the unconstitutionality of Public Act | 19 |
| 88-669. This re-enactment is intended to remove any question as | 20 |
| to the validity and content of those provisions; it is not | 21 |
| intended to supersede any other Public Act that amends the | 22 |
| provisions re-enacted in this Act. The re-enacted material is | 23 |
| shown in this Act as existing text (i.e., without underscoring) | 24 |
| and includes changes made by subsequent amendments. | 25 |
| (c) The re-enactment of Section 3-7-6 of the Unified Code | 26 |
| of Corrections by this Act is not intended, and shall not be | 27 |
| construed, to impair any legal argument concerning whether | 28 |
| those provisions were substantially re-enacted by any other | 29 |
| Public Act. | 30 |
| (d) All otherwise lawful actions taken before the effective | 31 |
| date of this Act in reliance on or pursuant to the provisions | 32 |
| re-enacted by this Act, as those provisions were set forth in | 33 |
| Public Act 88-669 or as subsequently amended, by any officer, |
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LRB094 18775 EFG 54169 b |
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| employee, or agency of State government or by any other person | 2 |
| or entity, are hereby validated, except to the extent | 3 |
| prohibited under the Illinois or United States Constitution. | 4 |
| (e) This Act applies, without limitation, to actions | 5 |
| pending on or after the effective date of this Act, except to | 6 |
| the extent prohibited under the Illinois or United States | 7 |
| Constitution. | 8 |
| Section 5. The Unified Code of Corrections is amended by | 9 |
| re-enacting Section 3-7-6 as follows:
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| (730 ILCS 5/3-7-6) (from Ch. 38, par. 1003-7-6)
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| Sec. 3-7-6. Reimbursement for expenses.
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| (a) Responsibility of committed persons. For the purposes | 13 |
| of this
Section, "committed persons" mean those persons who | 14 |
| through judicial
determination have been placed in the custody | 15 |
| of the Department on the basis of
a conviction as an adult. | 16 |
| Committed
persons shall be responsible to reimburse the
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| Department for the expenses incurred by their incarceration at | 18 |
| a rate to be
determined by the Department in accordance with | 19 |
| this Section.
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| (1) Committed persons shall fully cooperate with the | 21 |
| Department by
providing complete
financial information for | 22 |
| the purposes under this Section.
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| (2) The failure of a committed person to fully | 24 |
| cooperate as provided for
in
clauses (3)
and (4) of | 25 |
| subsection (a-5) shall be considered for purposes of a | 26 |
| parole
determination. Any committed person who willfully | 27 |
| refuses to cooperate with the
obligations set forth in this | 28 |
| Section may be subject to the loss of good
conduct credit
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| towards his or her sentence of up to 180 days.
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| (a-5) Assets information form.
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| (1) The Department shall develop a form, which shall be | 32 |
| used by the
Department
to
obtain information from all | 33 |
| committed persons regarding assets of the persons.
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| (2) In order to enable the Department to determine the |
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| financial status of
the
committed
person, the form shall | 2 |
| provide for obtaining the age and marital status of a
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| committed
person, the number and ages of children of the | 4 |
| person, the number and ages of
other
dependents, the type | 5 |
| and value of real estate, the type and value of personal
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| property,
cash and bank accounts, the location of any lock | 7 |
| boxes, the type and value of
investments, pensions and | 8 |
| annuities and any other personalty of significant
cash
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| value, including but not limited to jewelry, art work and | 10 |
| collectables, and all
medical
or dental insurance policies | 11 |
| covering the committed person. The form may also
provide | 12 |
| for other information deemed pertinent by the Department in | 13 |
| the
investigation of a committed person's assets.
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| (3) Upon being developed, the form shall be submitted | 15 |
| to each committed
person
as of
the date the form is | 16 |
| developed and to every committed person who thereafter is
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| sentenced to imprisonment under the jurisdiction of the | 18 |
| Department. The form
may
be resubmitted to a committed | 19 |
| person by the Department for purpose of
obtaining
current | 20 |
| information regarding the assets of the person.
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| (4) Every committed person shall complete the form or | 22 |
| provide for
completion
of the
form and the committed person | 23 |
| shall swear under oath or affirm that to the best
of his
or | 24 |
| her knowledge the information provided is complete and | 25 |
| accurate.
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| (b) Expenses. The rate at which sums to be charged for the | 27 |
| expenses
incurred by a committed person for his or her | 28 |
| confinement
shall be computed by
the Department as the average | 29 |
| per capita cost per day for all inmates of that
institution or | 30 |
| facility for that fiscal year. The average per capita cost per
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| day shall be computed by the Department based on the average | 32 |
| per capita cost
per day for the operation of that institution | 33 |
| or facility for the fiscal year
immediately preceding the | 34 |
| period of incarceration for which the rate is being
calculated. | 35 |
| The Department shall establish rules and regulations providing | 36 |
| for
the computation of the above costs, and shall determine the |
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| average per capita
cost per day for each of its institutions or | 2 |
| facilities for each fiscal year.
The Department shall have the
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| power to modify its rules and regulations, so as to provide for | 4 |
| the most
accurate and most current average per capita cost per | 5 |
| day computation. Where
the committed person is placed in a | 6 |
| facility outside the
Department, the
Department may pay the | 7 |
| actual cost of services in that facility, and may
collect | 8 |
| reimbursement for the entire amount paid from the committed | 9 |
| person
receiving those services.
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| (c) Records. The records of the Department, including, but | 11 |
| not limited to,
those relating to: the average per capita cost | 12 |
| per day for a particular
institution or facility for a | 13 |
| particular year, and the calculation of the
average per capita | 14 |
| cost per day; the average daily population of a particular
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| Department correctional institution or facility for a | 16 |
| particular year; the
specific placement of a particular | 17 |
| committed person in
various Department
correctional | 18 |
| institutions or facilities for various periods of time; and the
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| record of transactions of a particular committed person's
trust | 20 |
| account under
Section 3-4-3 of this Act; may be proved in any | 21 |
| legal proceeding, by a
reproduced copy thereof or by a computer | 22 |
| printout of Department records, under
the certificate of the | 23 |
| Director. If
reproduced copies are used, the Director must | 24 |
| certify that those are true and
exact copies of the records on | 25 |
| file with the Department. If computer
printouts of records of | 26 |
| the Department are offered as proof, the Director must
certify | 27 |
| that those computer printouts are true and exact | 28 |
| representations of
records properly entered into standard | 29 |
| electronic computing equipment, in the
regular course of the | 30 |
| Department's business, at or reasonably near the time of
the | 31 |
| occurrence of the facts recorded, from trustworthy and reliable
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| information. The reproduced copy or computer printout shall, | 33 |
| without further
proof, be admitted into evidence in any legal | 34 |
| proceeding, and shall be prima
facie correct and prima facie | 35 |
| evidence of the accuracy of the information
contained therein.
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| (d) Authority. The Director, or the Director's designee, |
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| may, when he or
she knows or reasonably believes that a | 2 |
| committed person, or the estate of that
person, has assets | 3 |
| which may be used to satisfy all or part of a judgment
rendered | 4 |
| under this Act,
or when he or she knows or reasonably believes | 5 |
| that
a committed person is engaged in gang-related activity and | 6 |
| has a substantial sum of
money or other assets,
provide for the | 7 |
| forwarding to the Attorney General of a report on the
committed | 8 |
| person and that report shall contain a completed form under
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| subsection (a-5) together with all other information available | 10 |
| concerning the
assets of
the committed person and an estimate | 11 |
| of the total expenses for that committed
person, and
authorize | 12 |
| the Attorney General to institute
proceedings to require the
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| persons, or the estates of the persons, to reimburse the | 14 |
| Department for the
expenses incurred by their incarceration. | 15 |
| The Attorney General, upon
authorization of the Director, or | 16 |
| the Director's designee, shall institute
actions on behalf of | 17 |
| the Department and pursue claims on the Department's
behalf in | 18 |
| probate and bankruptcy proceedings, to recover from committed | 19 |
| persons the expenses incurred by
their
confinement.
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| purposes of this subsection (d), "gang-related" activity
has | 21 |
| the meaning ascribed to it in Section 10 of the Illinois | 22 |
| Streetgang
Terrorism Omnibus Prevention Act.
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| (e) Scope and limitations.
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| (1) No action under this Section shall be initiated | 25 |
| more than 2 years
after the release or death of the | 26 |
| committed person in
question.
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| (2) The death of a convicted person, by execution or | 28 |
| otherwise, while
committed to a Department correctional | 29 |
| institution or facility shall not act as
a bar to any | 30 |
| action or proceeding under this Section.
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| (3) The assets of a committed person, for the purposes
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| of this Section,
shall
include any property, tangible or | 33 |
| intangible, real or personal, belonging to
or due to a | 34 |
| committed or formerly committed person including income or | 35 |
| payments
to the person from social security, worker's | 36 |
| compensation, veteran's
compensation, pension benefits, or |
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| from any other source whatsoever and any
and all assets and | 2 |
| property of whatever character held in the name
of the | 3 |
| person, held for the benefit of the person, or payable or | 4 |
| otherwise
deliverable to the person. Any trust, or portion | 5 |
| of a trust, of which a
convicted person is a beneficiary, | 6 |
| shall be construed as an asset of the
person, to the extent | 7 |
| that benefits thereunder are required to be paid to the
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| person, or shall in fact be paid to the person.
At the time | 9 |
| of a legal proceeding by the Attorney General under this | 10 |
| Section,
if it appears that the committed person has any | 11 |
| assets which ought to be
subjected to the claim of the | 12 |
| Department under this Section, the court may
issue an order | 13 |
| requiring any person, corporation, or other legal entity
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| possessed or having custody of those assets to appropriate | 15 |
| any of the assets
or a portion thereof toward reimbursing | 16 |
| the Department as provided for under
this Section.
No | 17 |
| provision of this Section
shall be construed in violation | 18 |
| of any State or federal limitation on the
collection of | 19 |
| money judgments.
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| (4) Nothing in this Section shall preclude the | 21 |
| Department from applying
federal benefits that are | 22 |
| specifically provided for the care and treatment of
a | 23 |
| committed person toward the cost of care provided by a
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| State facility or
private agency.
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| (Source: P.A. 92-564, eff. 1-1-03.)
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| Section 99. Effective date. This Act takes effect upon | 27 |
| becoming law.
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