Bill Text: IL HB1166 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the County Jail Act. Makes a technical change in a Section concerning the costs of maintaining prisoners.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB1166 Detail]

Download: Illinois-2015-HB1166-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB1166 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
730 ILCS 125/5 from Ch. 75, par. 105
Amends the County Jail Act. Makes a technical change in a Section concerning the costs of maintaining prisoners.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The County Jail Act is amended by changing
Section 5 as follows:
(730 ILCS 125/5) (from Ch. 75, par. 105)
Sec. 5. Costs of maintaining prisoners.
(a) Except as provided in subsections (b) and and (c), all
costs of maintaining persons committed for violations of
Illinois law, shall be the responsibility of the county. Except
as provided in subsection (b), all costs of maintaining persons
committed under any ordinance or resolution of a unit of local
government, including medical costs, is the responsibility of
the unit of local government enacting the ordinance or
resolution, and arresting the person.
(b) If a person who is serving a term of mandatory
supervised release for a felony is incarcerated in a county
jail, the Illinois Department of Corrections shall pay the
county in which that jail is located one-half of the cost of
incarceration, as calculated by the Governor's Office of
Management and Budget and the county's chief financial officer,
for each day that the person remains in the county jail after
notice of the incarceration is given to the Illinois Department

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

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Illinois Department of Corrections.
(Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07.)