State of Illinois
91st General Assembly
Legislation

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91_HB0870eng

 
HB0870 Engrossed                               LRB9101691DHpk

 1        AN  ACT  to  amend  the Counties Code by changing Section
 2    4-2001.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Counties  Code  is amended by changing
 6    Section 4-2001 as follows:

 7        (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
 8        Sec. 4-2001.  State's attorney salaries.
 9        (a)  There  shall  be  allowed  to  the  several  state's
10    attorneys in this State, except the state's attorney of  Cook
11    County, the following annual salary:
12             (1)  To each state's attorney in counties containing
13        less  than 10,000 inhabitants, $40,500 until December 31,
14        1988, $45,500 until June 30, 1994, and $55,500 thereafter
15        or as set by the Compensation Review Board, whichever  is
16        greater.
17             (2)  To each state's attorney in counties containing
18        10,000   or   more   inhabitants  but  less  than  20,000
19        inhabitants, $46,500 until  December  31,  1988,  $61,500
20        until  June 30, 1994, and $71,500 thereafter or as set by
21        the Compensation Review Board, whichever is greater.
22             (3)  To each state's attorney in counties containing
23        20,000 or more but less than 30,000 inhabitants,  $51,000
24        until December 31, 1988, $65,000 until June 30, 1994, and
25        $75,000  thereafter  or as set by the Compensation Review
26        Board, whichever is greater.
27             (4)  To each state's attorney in counties of  30,000
28        or  more  inhabitants,  $65,500  until December 31, 1988,
29        $80,000 until June 30, 1994, and $96,837 thereafter or as
30        set  by  the  Compensation  Review  Board,  whichever  is
31        greater.

 
HB0870 Engrossed            -2-                LRB9101691DHpk
 1        The State shall  furnish  66 2/3%  of  the  total  annual
 2    compensation  to be paid to each state's attorney in Illinois
 3    based on the salary in effect on December 31, 1988, and  100%
 4    of  the  increases in salary taking effect after December 31,
 5    1988.
 6        Said amounts furnished by  the  State  shall  be  payable
 7    monthly  from  the State treasury to the county in which each
 8    state's attorney is elected.
 9        Each county shall be required to furnish 33 1/3%  of  the
10    total annual compensation to be paid to each state's attorney
11    in  Illinois  based  on  the salary in effect on December 31,
12    1988.
13        (b)  Except in  counties  containing  fewer  than  10,000
14    inhabitants  and  except  as  provided  in this paragraph, no
15    state's attorney may engage in the private practice  of  law.
16    However,  in any county between 10,000 and 30,000 inhabitants
17    or in any county containing 30,000 or more inhabitants  which
18    reached  such  population between 1970 and December 31, 1981,
19    the state's attorney may declare his intention to  engage  in
20    the  private  practice of law by filing a written declaration
21    of intent to engage in the private practice of law  with  the
22    county   clerk.    The  declaration  of  intention  shall  be
23    irrevocable during the remainder of the term of  office.  The
24    declaration  shall  be  filed with the county clerk within 30
25    days of certification of election or appointment,  or  within
26    60 days of March 15, 1989, whichever is later.  In that event
27    the  annual  salary  of  such  state's  attorney  shall be as
28    follows:
29             (1)  In   counties   containing   10,000   or   more
30        inhabitants but less  than  20,000  inhabitants,  $46,500
31        until December 31, 1988, $51,500 until June 30, 1994, and
32        $61,500  thereafter  or as set by the Compensation Review
33        Board, whichever is greater.   The  State  shall  furnish
34        100%  of  the  increases taking effect after December 31,
 
HB0870 Engrossed            -3-                LRB9101691DHpk
 1        1988.
 2             (2)  In   counties   containing   20,000   or   more
 3        inhabitants but less  than  30,000  inhabitants,  and  in
 4        counties  containing  30,000  or  more  inhabitants which
 5        reached said population between  1970  and  December  31,
 6        1981, $51,500 until December 31, 1988, $56,000 until June
 7        30,  1994,  and  $65,000  thereafter  or  as  set  by the
 8        Compensation Review Board,  whichever  is  greater.   The
 9        State  shall  furnish 100% of the increases taking effect
10        after December 31, 1988.
11        (c)  In counties where a State mental health institution,
12    as hereinafter defined, is  located,  one  assistant  state's
13    attorney shall receive for his services, payable monthly from
14    the  State  treasury  to the county in which he is appointed,
15    the following:
16             (1)  To each assistant state's attorney in  counties
17        containing  less  than  10,000  inhabitants,  the  sum of
18        $2,500 per annum;
19             (2)  To each assistant state's attorney in  counties
20        containing  not less than 10,000 inhabitants and not more
21        than 20,000 inhabitants, the sum of $3,500 per annum;
22             (3)  To each assistant state's attorney in  counties
23        containing  not less than 20,000 inhabitants and not more
24        than 30,000 inhabitants, the sum of $4,000 per annum;
25             (4)  To each assistant state's attorney in  counties
26        containing  not less than 30,000 inhabitants and not more
27        than 40,000 inhabitants, the sum of $4,500 per annum;
28             (5)  To each assistant state's attorney in  counties
29        containing  not less than 40,000 inhabitants and not more
30        than 70,000 inhabitants, the sum of $5,000 per annum;
31             (6)  To each assistant state's attorney in  counties
32        containing  not less than 70,000 inhabitants and not more
33        than 1,000,000 inhabitants, the sum of $15,000 $6,000 per
34        annum.
 
HB0870 Engrossed            -4-                LRB9101691DHpk
 1        (d)  The population of all counties for  the  purpose  of
 2    fixing  salaries  as  herein provided shall be based upon the
 3    last federal census immediately previous to  the  appointment
 4    of an assistant state's attorney in each county.
 5        (e)  At the request of the county governing authority, in
 6    counties  where  one or more State correctional institutions,
 7    as hereinafter defined, are located, one  or  more  assistant
 8    state's  attorneys shall receive for their services, provided
 9    that such services are performed in connection with the State
10    correctional institution,  payable  monthly  from  the  State
11    treasury  to  the  county  in  which  they are appointed, the
12    following:
13             (1)  $22,000 for each assistant state's attorney  in
14        counties with one or more State correctional institutions
15        with a total average daily inmate population in excess of
16        2,000, on the basis of 2 assistant state's attorneys when
17        the  total  average daily inmate population exceeds 2,000
18        but is less than 4,000; and 3 assistant state's attorneys
19        when such population exceeds 4,000; with reimbursement to
20        be based on actual services rendered.
21             (2)  $15,000 per  year  for  one  assistant  state's
22        attorney  in  counties  having  one  or more correctional
23        institutions with a total average daily inmate population
24        of between 750 and 2,000 inmates, with  reimbursement  to
25        be based on actual services rendered.
26             (3)  A maximum of $12,000 per year for one assistant
27        state's   attorney  in  counties  having  less  than  750
28        inmates,  with  reimbursement  to  be  based  on   actual
29        services rendered.
30             Upon  application  of the county governing authority
31        and certification of the State's Attorney,  the  Director
32        of  Corrections  may,  in  his  discretion and subject to
33        appropriation,   increase   the    amount    of    salary
34        reimbursement   to   a   county   in  the  event  special
 
HB0870 Engrossed            -5-                LRB9101691DHpk
 1        circumstances require the county to  incur  extraordinary
 2        salary  expenditures as a result of services performed in
 3        connection with State correctional institutions  in  that
 4        county.
 5        In  determining  whether or not to increase the amount of
 6    salary reimbursement,  the  Director  shall  consider,  among
 7    other matters:
 8             (1)  the nature of the services rendered;
 9             (2)  the results or dispositions obtained;
10             (3)  whether  or  not  the  county  was  required to
11        employ additional attorney personnel as a  direct  result
12        of  the  services  actually rendered in connection with a
13        particular service to a State correctional institution.
14        (f)  In counties where  a  State  senior  institution  of
15    higher  education is located, the assistant state's attorneys
16    specified by this Section shall receive for  their  services,
17    payable  monthly  from  the  State  treasury to the county in
18    which appointed, the following:
19             (1)  $14,000 per year each for employment on a  full
20        time  basis for 2 assistant state's attorneys in counties
21        having a State  university  or  State  universities  with
22        combined   full  time  enrollment  of  more  than  15,000
23        students.
24             (2)  $7,200  per  year  for  one  assistant  state's
25        attorney with no limitation on other practice in counties
26        having a State  university  or  State  universities  with
27        combined   full  time  enrollment  of  10,000  to  15,000
28        students.
29             (3)  $4,000  per  year  for  one  assistant  state's
30        attorney with no limitation on other practice in counties
31        having a State  university  or  State  universities  with
32        combined   full  time  enrollment  of  less  than  10,000
33        students.
34        Such salaries shall be paid to the state's  attorney  and
 
HB0870 Engrossed            -6-                LRB9101691DHpk
 1    the  assistant state's attorney in equal monthly installments
 2    by such county out of the county treasury provided  that  the
 3    State  of  Illinois  shall reimburse each county monthly from
 4    the State treasury the amount of such salary.   This  Section
 5    shall not prevent the payment of such additional compensation
 6    to  the state's attorney or assistant state's attorney of any
 7    county, out of the treasury of that county as may be provided
 8    by law.
 9        (g)  For purposes of this Section, "State  mental  health
10    institution"  means any institution under the jurisdiction of
11    the Department of Human Services that is listed in Section  4
12    of   the   Mental   Health   and  Developmental  Disabilities
13    Administrative Act.
14        For  purposes  of  this  Section,   "State   correctional
15    institution"   means   any  facility  of  the  Department  of
16    Corrections including adult facilities, juvenile  facilities,
17    pre-release  centers,  community correction centers, and work
18    camps.
19        For purposes of this Section,  "State  university"  means
20    the  University  of  Illinois,  Southern Illinois University,
21    Chicago  State  University,  Eastern   Illinois   University,
22    Governors   State   University,  Illinois  State  University,
23    Northeastern   Illinois   University,    Northern    Illinois
24    University,  Western  Illinois  University,  and  any  public
25    community   college   which  has  established  a  program  of
26    interinstitutional cooperation  with  one  of  the  foregoing
27    institutions  whereby  a  student, after earning an associate
28    degree from the community college, pursues a course of  study
29    at  the  community  college campus leading to a baccalaureate
30    degree from the foregoing institution (also  known  as  a  "2
31    Plus 2" degree program).
32    (Source:  P.A.  89-507,  eff.  7-1-97;  90-14,  eff.  7-1-97;
33    90-375, eff. 8-14-97.)

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