Bill Text: IL HB6287 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the General Provisions Article of the Illinois Pension Code. Provides that if a member or participant is receiving an annuity or pension from a pension fund or retirement system and is incarcerated within the Department of Corrections for a felony, then, after receipt of the certified cost of confinement from the Director of the Department of Corrections, the board of trustees of that pension fund or retirement system shall use the amount of the annuity or pension payment otherwise payable to that member or participant to reimburse the Department of Corrections for the cost of confinement of that participant or member, up to the amount certified by the Director of the Department of Corrections. Amends the Unified Code of Corrections. Requires the Director of the Department of Corrections to certify to the applicable pension fund or retirement system the cost of confinement for the member or participant. Amends the Code of Civil Procedure. Provides that the provisions of the Code of Civil Procedure concerning the enforcement of judgments do not preclude a pension fund or retirement system established under the Illinois Pension Code from using a member's or participant's annuity or pension to reimburse the Department of Corrections for the cost of confinement of an individual. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB6287 Detail]

Download: Illinois-2013-HB6287-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB6287 Introduced , by Rep. Sam Yingling SYNOPSIS AS INTRODUCED:
40 ILCS 5/1-136 new
730 ILCS 5/3-7-6 from Ch. 38, par. 1003-7-6
735 ILCS 5/12-108.5 new
Amends the General Provisions Article of the Illinois Pension Code. Provides that if a member or participant is receiving an annuity or pension from a pension fund or retirement system and is incarcerated within the Department of Corrections for a felony, then, after receipt of the certified cost of confinement from the Director of the Department of Corrections, the board of trustees of that pension fund or retirement system shall use the amount of the annuity or pension payment otherwise payable to that member or participant to reimburse the Department of Corrections for the cost of confinement of that participant or member, up to the amount certified by the Director of the Department of Corrections. Amends the Unified Code of Corrections. Requires the Director of the Department of Corrections to certify to the applicable pension fund or retirement system the cost of confinement for the member or participant. Amends the Code of Civil Procedure. Provides that the provisions of the Code of Civil Procedure concerning the enforcement of judgments do not preclude a pension fund or retirement system established under the Illinois Pension Code from using a member's or participant's annuity or pension to reimburse the Department of Corrections for the cost of confinement of an individual. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.
LRB098 21924 RPS 60786 b
FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
HB6287 LRB098 21924 RPS 60786 b
AN ACT concerning public employee benefits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pension Code is amended by adding
Section 1-136 as follows:
(40 ILCS 5/1-136 new)
Sec. 1-136. Reimbursement for the cost of confinement.
(a) If a member or participant is receiving an annuity or
pension from a pension fund or retirement system established
under this Code and is incarcerated within the Department of
Corrections for a felony, then, after receipt of the certified
cost of confinement as provided in subsection (d-5) of Section
3-7-6 of the Unified Code of Corrections, the board of trustees
of that pension fund or retirement system shall use the amount
of the annuity or pension payment that is otherwise payable to
that member or participant to reimburse the Department of
Corrections for the cost of confinement of that member or
participant, up to the certified amount.
(b) This Section is operable to the extent allowable for
the pension fund or retirement system to maintain qualified
plan status under the federal Internal Revenue Code of 1986 and
other applicable federal laws.
(c) This Section applies without regard to whether the

HB6287 - 2 - LRB098 21924 RPS 60786 b
member or participant is in active service on or after the
effective date of this amendatory Act of the 98th General
Assembly.
Section 10. The Unified Code of Corrections is amended by
changing Section 3-7-6 as follows:
(730 ILCS 5/3-7-6) (from Ch. 38, par. 1003-7-6)
Sec. 3-7-6. Reimbursement for expenses.
(a) Responsibility of committed persons. For the purposes
of this Section, "committed persons" mean those persons who
through judicial determination have been placed in the custody
of the Department on the basis of a conviction as an adult.
Committed persons shall be responsible to reimburse the
Department for the expenses incurred by their incarceration at
a rate to be determined by the Department in accordance with
this Section.
(1) Committed persons shall fully cooperate with the
Department by providing complete financial information for
the purposes under this Section.
(2) The failure of a committed person to fully
cooperate as provided for in clauses (3) and (4) of
subsection (a-5) shall be considered for purposes of a
parole determination. Any committed person who willfully
refuses to cooperate with the obligations set forth in this
Section may be subject to the loss of sentence credit

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towards his or her sentence of up to 180 days.
(a-5) Assets information form.
(1) The Department shall develop a form, which shall be
used by the Department to obtain information from all
committed persons regarding assets of the persons.
(2) In order to enable the Department to determine the
financial status of the committed person, the form shall
provide for obtaining the age and marital status of a
committed person, the number and ages of children of the
person, the number and ages of other dependents, the type
and value of real estate, the type and value of personal
property, cash and bank accounts, the location of any lock
boxes, the type and value of investments, pensions and
annuities and any other personalty of significant cash
value, including but not limited to jewelry, art work and
collectables, and all medical or dental insurance policies
covering the committed person. The form may also provide
for other information deemed pertinent by the Department in
the investigation of a committed person's assets.
(3) Upon being developed, the form shall be submitted
to each committed person as of the date the form is
developed and to every committed person who thereafter is
sentenced to imprisonment under the jurisdiction of the
Department. The form may be resubmitted to a committed
person by the Department for purpose of obtaining current
information regarding the assets of the person.

HB6287 - 4 - LRB098 21924 RPS 60786 b
(4) Every committed person shall complete the form or
provide for completion of the form and the committed person
shall swear under oath or affirm that to the best of his or
her knowledge the information provided is complete and
accurate.
(b) Expenses. The rate at which sums to be charged for the
expenses incurred by a committed person for his or her
confinement shall be computed by the Department as the average
per capita cost per day for all inmates of that institution or
facility for that fiscal year. The average per capita cost per
day shall be computed by the Department based on the average
per capita cost per day for the operation of that institution
or facility for the fiscal year immediately preceding the
period of incarceration for which the rate is being calculated.
The Department shall establish rules and regulations providing
for the computation of the above costs, and shall determine the
average per capita cost per day for each of its institutions or
facilities for each fiscal year. The Department shall have the
power to modify its rules and regulations, so as to provide for
the most accurate and most current average per capita cost per
day computation. Where the committed person is placed in a
facility outside the Department, the Department may pay the
actual cost of services in that facility, and may collect
reimbursement for the entire amount paid from the committed
person receiving those services.
(c) Records. The records of the Department, including, but

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not limited to, those relating to: the average per capita cost
per day for a particular institution or facility for a
particular year, and the calculation of the average per capita
cost per day; the average daily population of a particular
Department correctional institution or facility for a
particular year; the specific placement of a particular
committed person in various Department correctional
institutions or facilities for various periods of time; and the
record of transactions of a particular committed person's trust
account under Section 3-4-3 of this Act; may be proved in any
legal proceeding, by a reproduced copy thereof or by a computer
printout of Department records, under the certificate of the
Director. If reproduced copies are used, the Director must
certify that those are true and exact copies of the records on
file with the Department. If computer printouts of records of
the Department are offered as proof, the Director must certify
that those computer printouts are true and exact
representations of records properly entered into standard
electronic computing equipment, in the regular course of the
Department's business, at or reasonably near the time of the
occurrence of the facts recorded, from trustworthy and reliable
information. The reproduced copy or computer printout shall,
without further proof, be admitted into evidence in any legal
proceeding, and shall be prima facie correct and prima facie
evidence of the accuracy of the information contained therein.
(d) Authority. The Director, or the Director's designee,

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may, when he or she knows or reasonably believes that a
committed person, or the estate of that person, has assets
which may be used to satisfy all or part of a judgment rendered
under this Act, or when he or she knows or reasonably believes
that a committed person is engaged in gang-related activity and
has a substantial sum of money or other assets, provide for the
forwarding to the Attorney General of a report on the committed
person and that report shall contain a completed form under
subsection (a-5) together with all other information available
concerning the assets of the committed person and an estimate
of the total expenses for that committed person, and authorize
the Attorney General to institute proceedings to require the
persons, or the estates of the persons, to reimburse the
Department for the expenses incurred by their incarceration.
The Attorney General, upon authorization of the Director, or
the Director's designee, shall institute actions on behalf of
the Department and pursue claims on the Department's behalf in
probate and bankruptcy proceedings, to recover from committed
persons the expenses incurred by their confinement. For
purposes of this subsection (d), "gang-related" activity has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(d-5) The Director, or the Director's designee, must, when
he or she knows or reasonably believes that a committed person
is a member or participant in a pension fund or retirement
system established under the Illinois Pension Code and is

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receiving an annuity or pension from that pension fund or
retirement system, certify to the applicable pension fund or
retirement system the cost of confinement for that person using
the rate provided in subsection (b) of this Section.
(e) Scope and limitations.
(1) No action under this Section shall be initiated
more than 2 years after the release or death of the
committed person in question.
(2) The death of a convicted person, by execution or
otherwise, while committed to a Department correctional
institution or facility shall not act as a bar to any
action or proceeding under this Section.
(3) The assets of a committed person, for the purposes
of this Section, shall include any property, tangible or
intangible, real or personal, belonging to or due to a
committed or formerly committed person including income or
payments to the person from social security, worker's
compensation, veteran's compensation, pension benefits, or
from any other source whatsoever and any and all assets and
property of whatever character held in the name of the
person, held for the benefit of the person, or payable or
otherwise deliverable to the person. Any trust, or portion
of a trust, of which a convicted person is a beneficiary,
shall be construed as an asset of the person, to the extent
that benefits thereunder are required to be paid to the
person, or shall in fact be paid to the person. At the time

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of a legal proceeding by the Attorney General under this
Section, if it appears that the committed person has any
assets which ought to be subjected to the claim of the
Department under this Section, the court may issue an order
requiring any person, corporation, or other legal entity
possessed or having custody of those assets to appropriate
any of the assets or a portion thereof toward reimbursing
the Department as provided for under this Section. No
provision of this Section shall be construed in violation
of any State or federal limitation on the collection of
money judgments.
(4) Nothing in this Section shall preclude the
Department from applying federal benefits that are
specifically provided for the care and treatment of a
committed person toward the cost of care provided by a
State facility or private agency.
(Source: P.A. 97-697, eff. 6-22-12.)
Section 15. The Code of Civil Procedure is amended by
adding Section 12-108.5 as follows:
(735 ILCS 5/12-108.5 new)
Sec. 12-108.5. Reimbursement for the cost of confinement.
Nothing contained in this Article precludes a pension fund or
retirement system established under the Illinois Pension Code
from using a participant's or member's annuity or pension to

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reimburse the Department of Corrections for the cost of
confinement as provided in Section 1-136 of the Illinois
Pension Code.
Section 99. Effective date. This Act takes effect upon
becoming law.