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91_SB0570enr SB570 Enrolled SRS91S0021MMch 1 AN ACT to amend the Counties Code by changing Sections 2 4-2001, 4-2003, and 4-3001. 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 Sections 4-2001, 4-2003, and 4-3001 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. SB570 Enrolled -2- SRS91S0021MMch 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, SB570 Enrolled -3- SRS91S0021MMch 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 $6,000 per annum. 34 (d) The population of all counties for the purpose of SB570 Enrolled -4- SRS91S0021MMch 1 fixing salaries as herein provided shall be based upon the 2 last Federal census immediately previous to the appointment 3 of an assistant state's attorney in each county. 4 (e) At the request of the county governing authority, in 5 counties where one or more state correctional institutions, 6 as hereinafter defined, are located, one or more assistant 7 state's attorneys shall receive for their services, provided 8 that such services are performed in connection with the state 9 correctional institution, payable monthly from the state 10 treasury to the county in which they are appointed, the 11 following: 12 (1) $22,000 for each assistant state's attorney in 13 counties with one or more State correctional institutions 14 with a total average daily inmate population in excess of 15 2,000, on the basis of 2 assistant state's attorneys when 16 the total average daily inmate population exceeds 2,000 17 but is less than 4,000; and 3 assistant state's attorneys 18 when such population exceeds 4,000; with reimbursement to 19 be based on actual services rendered. 20 (2) $15,000 per year for one assistant state's 21 attorney in counties having one or more correctional 22 institutions with a total average daily inmate population 23 of between 750 and 2,000 inmates, with reimbursement to 24 be based on actual services rendered. 25 (3) A maximum of $12,000 per year for one assistant 26 state's attorney in counties having less than 750 27 inmates, with reimbursement to be based on actual 28 services rendered. 29 Upon application of the county governing authority 30 and certification of the State's Attorney, the Director 31 of Corrections may, in his discretion and subject to 32 appropriation, increase the amount of salary 33 reimbursement to a county in the event special 34 circumstances require the county to incur extraordinary SB570 Enrolled -5- SRS91S0021MMch 1 salary expenditures as a result of services performed in 2 connection with State correctional institutions in that 3 county. 4 In determining whether or not to increase the amount of 5 salary reimbursement, the Director shall consider, among 6 other matters: 7 (1) the nature of the services rendered; 8 (2) the results or dispositions obtained; 9 (3) whether or not the county was required to 10 employ additional attorney personnel as a direct result 11 of the services actually rendered in connection with a 12 particular service to a State correctional institution. 13 (f) In counties where a State senior institution of 14 higher education is located, the assistant state's attorneys 15 specified by this Section shall receive for their services, 16 payable monthly from the State treasury to the county in 17 which appointed, the following: 18 (1) $14,000 per year each for employment on a full 19 time basis for 2 assistant state's attorneys in counties 20 having a State university or State universities with 21 combined full time enrollment of more than 15,000 22 students. 23 (2) $7,200 per year for one assistant state's 24 attorney with no limitation on other practice in counties 25 having a State university or State universities with 26 combined full time enrollment of 10,000 to 15,000 27 students. 28 (3) $4,000 per year for one assistant state's 29 attorney with no limitation on other practice in counties 30 having a State university or State universities with 31 combined full time enrollment of less than 10,000 32 students. 33 Such salaries shall be paid to the state's attorney and 34 the assistant state's attorney in equal monthly installments SB570 Enrolled -6- SRS91S0021MMch 1 by such county out of the county treasury provided that the 2 State of Illinois shall reimburse each county monthly from 3 the state treasury the amount of such salary. This Section 4 shall not prevent the payment of such additional compensation 5 to the state's attorney or assistant state's attorney of any 6 county, out of the treasury of that county as may be provided 7 by law. 8 (g) For purposes of this Section, "State mental health 9 institution" means any institution under the jurisdiction of 10 the Department of Human Services that is listed in Section 4 11 of the Mental Health and Developmental Disabilities 12 Administrative Act. 13 For purposes of this Section, "State correctional 14 institution" means any facility of the Department of 15 Corrections including adult facilities, juvenile facilities, 16 pre-release centers, community correction centers, and work 17 camps. 18 For purposes of this Section, "State university" means 19 the University of Illinois, Southern Illinois University, 20 Chicago State University, Eastern Illinois University, 21 Governors State University, Illinois State University, 22 Northeastern Illinois University, Northern Illinois 23 University, Western Illinois University, and any public 24 community college which has established a program of 25 interinstitutional cooperation with one of the foregoing 26 institutions whereby a student, after earning an associate 27 degree from the community college, pursues a course of study 28 at the community college campus leading to a baccalaureate 29 degree from the foregoing institution (also known as a "2 30 Plus 2" degree program). 31 (h) A number of assistant state's attorneys shall be 32 appointed in each county, that chooses to participate, as 33 provided in this subsection for the prosecution of 34 alcohol-related traffic offenses. Each county shall receive SB570 Enrolled -7- SRS91S0021MMch 1 annually a subsidy for payment of the salaries and benefits 2 of these assistant state's attorneys from State funds 3 appropriated to the county for that purpose. The amounts of 4 subsidies provided by this subsection shall be adjusted for 5 inflation each July 1 using the Consumer Price Index of the 6 Bureau of Labor Statistics of the U.S. Department of Labor. 7 When a county chooses to participate in the subsidy 8 program described in this subsection (h), the number of 9 assistant state's attorneys who are prosecuting 10 alcohol-related traffic offenses must increase according to 11 the subsidy provided in this subsection. These appointed 12 assistant state's attorneys shall be in addition to any other 13 assistant state's attorneys assigned to those cases on the 14 effective date of this amendatory Act of the 91st General 15 Assembly, and may not replace those assistant state's 16 attorneys. In counties where the state's attorney is the 17 sole prosecutor, this subsidy shall be used to provide an 18 assistant state's attorney to prosecute alcohol-related 19 traffic offenses along with the state's attorney. In 20 counties where the state's attorney is the sole prosecutor, 21 and in counties where a judge presides over cases involving a 22 variety of misdemeanors, including alcohol-related traffic 23 matters, assistant state's attorneys appointed and subsidized 24 by this subsection (h) may also prosecute the different 25 misdemeanor cases at the direction of the state's attorney. 26 Assistant state's attorneys shall be appointed under this 27 subsection in the following number and counties shall receive 28 the following annual subsidies: 29 (1) In counties with fewer than 30,000 inhabitants, 30 one at $35,000. 31 (2) In counties with 30,000 or more but fewer than 32 100,000 inhabitants, one at $45,000. 33 (3) In counties with 100,000 or more but fewer than 34 300,000 inhabitants, 2 at $45,000 each. SB570 Enrolled -8- SRS91S0021MMch 1 (4) In counties, other than Cook County, with 2 300,000 or more inhabitants, 4 at $50,000 each. 3 (Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97; 4 90-375, eff. 8-14-97.) 5 (55 ILCS 5/4-2003) (from Ch. 34, par. 4-2003) 6 Sec. 4-2003. Assistants. Except as provided in Section 7 4-2001, where assistant State's Attorneys are required in any 8 county, the number of such assistants shall be determined by 9 the county board, and the salaries of such assistants shall 10 be fixed by the State's Attorney subject to budgetary 11 limitations established by the county board and paid out of 12 the county treasury in quarterly annual installments, on the 13 order of the county board on the treasurer of said county. 14 Such assistant State's Attorneys are to be named by the 15 State's Attorney of the county, and when so appointed shall 16 take the oath of office in the samelikemanner as State's 17 Attorneys,and shall be under the supervision of the State's 18 Attorney. 19 (Source: P.A. 86-962; 86-1303; revised 10-31-98.) 20 (55 ILCS 5/4-3001) (from Ch. 34, par. 4-3001) 21 Sec. 4-3001. State's attorney; assistants. 22 (a) The State's Attorney of Cook County shall be paid an 23 annual salary of $75,000 until December 31, 1988, $90,000 24 until November 30, 1990, $100,000 until June 30, 1994, and 25 $112,124 thereafter or as set by the Compensation Review 26 Board, whichever is greater. 27 Such sums shall be in full payment for all services 28 rendered by him. The State shall furnish from the State 29 treasury 66 2/3% of such salary in effect on December 31, 30 1988, 100% of the increases in salary taking effect after 31 December 31, 1988, and Cook County shall furnish 33 1/3% of 32 such salary in effect on December 31, 1988. The State's SB570 Enrolled -9- SRS91S0021MMch 1 Attorney of Cook County may not engage in the private 2 practice of law. 3 (b) If Cook County chooses to participate in the subsidy 4 program described in this subsection (b), 24 assistant 5 state's attorneys shall be appointed for the prosecution of 6 alcohol-related traffic offenses. Cook County shall annually 7 receive a subsidy for the payment of the salaries and 8 benefits of these assistant state's attorneys from State 9 funds appropriated to Cook County for that purpose. The 10 amount of the subsidy shall equal $50,000 per assistant 11 state's attorney appointed under this subsection, adjusted 12 for inflation each July 1 using the Consumer Price Index of 13 the Bureau of Labor Statistics of the U.S. Department of 14 Labor. 15 When and if Cook County chooses to participate in the 16 subsidy program described in this subsection (b), the number 17 of assistant state's attorneys who are prosecuting 18 alcohol-related traffic offenses must increase by 24. These 19 appointed assistant state's attorneys shall be in addition to 20 any other assistant state's attorneys assigned to those cases 21 on the effective date of this amendatory Act of the 91st 22 General Assembly, and may not replace those assistant state's 23 attorneys. Cook County assistant state's attorneys appointed 24 and subsidized by this subsection (b) may also prosecute 25 other types of misdemeanor cases at the direction of the Cook 26 County State's Attorney. 27 (Source: P.A. 90-375, eff. 8-14-97.)