Bill Text: IL SB1047 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the definition of "severely or profoundly mentally retarded person".
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-07-06 - Public Act . . . . . . . . . 97-0761 [SB1047 Detail]
Download: Illinois-2011-SB1047-Amended.html
Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the definition of "severely or profoundly mentally retarded person".
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-07-06 - Public Act . . . . . . . . . 97-0761 [SB1047 Detail]
Download: Illinois-2011-SB1047-Amended.html
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1 | AMENDMENT TO SENATE BILL 1047
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2 | AMENDMENT NO. ______. Amend Senate Bill 1047 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Clerks of Courts Act is amended by changing | ||||||
5 | Section 27.3a as follows:
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6 | (705 ILCS 105/27.3a)
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7 | (Text of Section before amendment by P.A. 97-46 ) | ||||||
8 | Sec. 27.3a. Fees for automated record keeping , probation | ||||||
9 | and court services operations, and State Police operations.
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10 | 1. The expense of establishing and maintaining automated | ||||||
11 | record
keeping systems in the offices of the clerks of the | ||||||
12 | circuit court shall
be borne by the county. To defray such | ||||||
13 | expense in any county having
established such an automated | ||||||
14 | system or which elects to establish such a
system, the county | ||||||
15 | board may require the clerk of the circuit court in
their | ||||||
16 | county to charge and collect a court automation fee of not less |
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1 | than
$1 nor more than $15 to be charged and collected by the | ||||||
2 | clerk of the court.
Such fee shall be paid at the time of | ||||||
3 | filing the first pleading, paper or
other appearance filed by | ||||||
4 | each party in all civil cases or by the defendant
in any | ||||||
5 | felony, traffic, misdemeanor, municipal ordinance, or | ||||||
6 | conservation
case upon a judgment of guilty or grant of | ||||||
7 | supervision, provided that
the record keeping system which | ||||||
8 | processes the case
category for which the fee is charged is | ||||||
9 | automated or has been approved for
automation by the county | ||||||
10 | board, and provided further that no additional fee
shall be | ||||||
11 | required if more than one party is presented in a single | ||||||
12 | pleading,
paper or other appearance. Such fee shall be | ||||||
13 | collected in the manner in
which all other fees or costs are | ||||||
14 | collected.
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15 | 1.1. Starting on the effective date of this amendatory Act | ||||||
16 | of the 97th General Assembly and pursuant to an administrative | ||||||
17 | order from the chief judge of the circuit or the presiding | ||||||
18 | judge of the county authorizing such collection, a clerk of the | ||||||
19 | circuit court in any county that imposes a fee pursuant to | ||||||
20 | subsection 1 of this Section shall also charge and collect an | ||||||
21 | additional $10 operations fee for probation and court services | ||||||
22 | department operations. | ||||||
23 | This additional fee shall be paid by the defendant in any | ||||||
24 | felony, traffic, misdemeanor, local ordinance, or conservation | ||||||
25 | case upon a judgment of guilty or grant of supervision, except | ||||||
26 | such $10 operations fee shall not be charged and collected in |
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1 | cases governed by Supreme Court Rule 529 in which the bail | ||||||
2 | amount is $120 or less. | ||||||
3 | 1.2. With respect to the fee imposed and collected under | ||||||
4 | subsection 1.1 of this Section, each clerk shall transfer all | ||||||
5 | fees monthly to the county treasurer for deposit into the | ||||||
6 | probation and court services fund created under Section 15.1 of | ||||||
7 | the Probation and Probation Officers Act, and such monies shall | ||||||
8 | be disbursed from the fund only at the direction of the chief | ||||||
9 | judge of the circuit or another judge designated by the Chief | ||||||
10 | Circuit Judge in accordance with the policies and guidelines | ||||||
11 | approved by the Supreme Court. | ||||||
12 | 1.5. Starting on the effective date of this amendatory Act | ||||||
13 | of the 96th General Assembly, a clerk of the circuit court in | ||||||
14 | any county that imposes a fee pursuant to subsection 1 of this | ||||||
15 | Section, shall charge and collect an additional fee in an | ||||||
16 | amount equal to the amount of the fee imposed pursuant to | ||||||
17 | subsection 1 of this Section. This additional fee shall be paid | ||||||
18 | by the defendant in any felony, traffic, misdemeanor, local | ||||||
19 | ordinance, or conservation case upon a judgment of guilty or | ||||||
20 | grant of supervision. | ||||||
21 | 2. With respect to the fee imposed under subsection 1 of | ||||||
22 | this Section, each clerk shall commence such charges and | ||||||
23 | collections upon receipt
of written notice from the chairman of | ||||||
24 | the county board together with a
certified copy of the board's | ||||||
25 | resolution, which the clerk shall file of
record in his office.
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26 | 3. With respect to the fee imposed under subsection 1 of |
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1 | this Section, such fees shall be in addition to all other fees | ||||||
2 | and charges of such
clerks, and assessable as costs, and may be | ||||||
3 | waived only if the judge
specifically provides for the waiver | ||||||
4 | of the court automation fee. The
fees shall be remitted monthly | ||||||
5 | by such clerk to the county treasurer, to be
retained by him in | ||||||
6 | a special fund designated as the court automation fund.
The | ||||||
7 | fund shall be audited by the county auditor, and the board | ||||||
8 | shall make
expenditure from the fund in payment of any cost | ||||||
9 | related to the automation
of court records, including hardware, | ||||||
10 | software, research and development
costs and personnel related | ||||||
11 | thereto, provided that the expenditure is
approved by the clerk | ||||||
12 | of the court and by the chief judge of the circuit
court or his | ||||||
13 | designate.
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14 | 4. With respect to the fee imposed under subsection 1 of | ||||||
15 | this Section, such fees shall not be charged in any matter | ||||||
16 | coming to any such clerk
on change of venue, nor in any | ||||||
17 | proceeding to review the decision of any
administrative | ||||||
18 | officer, agency or body.
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19 | 5. With respect to the additional fee imposed under | ||||||
20 | subsection 1.5 of this Section, the fee shall be remitted by | ||||||
21 | the circuit clerk to the State Treasurer within one month after | ||||||
22 | receipt for deposit into the State Police Operations Assistance | ||||||
23 | Fund. | ||||||
24 | 6. With respect to the additional fees imposed under | ||||||
25 | subsection 1.5 of this Section, the Director of State Police | ||||||
26 | may direct the use of these fees for homeland security purposes |
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1 | by transferring these fees on a quarterly basis from the State | ||||||
2 | Police Operations Assistance Fund into the Illinois Law | ||||||
3 | Enforcement Alarm Systems (ILEAS) Fund for homeland security | ||||||
4 | initiatives programs. The transferred fees shall be allocated, | ||||||
5 | subject to the approval of the ILEAS Executive Board, as | ||||||
6 | follows: (i) 66.6% shall be used for homeland security | ||||||
7 | initiatives and (ii) 33.3% shall be used for airborne | ||||||
8 | operations. The ILEAS Executive Board shall annually supply the | ||||||
9 | Director of State Police with a report of the use of these | ||||||
10 | fees. | ||||||
11 | (Source: P.A. 96-1029, eff. 7-13-10; 97-453, eff. 8-19-11.)
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12 | (Text of Section after amendment by P.A. 97-46 )
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13 | Sec. 27.3a. Fees for automated record keeping , probation | ||||||
14 | and court services operations, and State and Conservation | ||||||
15 | Police operations.
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16 | 1. The expense of establishing and maintaining automated | ||||||
17 | record
keeping systems in the offices of the clerks of the | ||||||
18 | circuit court shall
be borne by the county. To defray such | ||||||
19 | expense in any county having
established such an automated | ||||||
20 | system or which elects to establish such a
system, the county | ||||||
21 | board may require the clerk of the circuit court in
their | ||||||
22 | county to charge and collect a court automation fee of not less | ||||||
23 | than
$1 nor more than $15 to be charged and collected by the | ||||||
24 | clerk of the court.
Such fee shall be paid at the time of | ||||||
25 | filing the first pleading, paper or
other appearance filed by |
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1 | each party in all civil cases or by the defendant
in any | ||||||
2 | felony, traffic, misdemeanor, municipal ordinance, or | ||||||
3 | conservation
case upon a judgment of guilty or grant of | ||||||
4 | supervision, provided that
the record keeping system which | ||||||
5 | processes the case
category for which the fee is charged is | ||||||
6 | automated or has been approved for
automation by the county | ||||||
7 | board, and provided further that no additional fee
shall be | ||||||
8 | required if more than one party is presented in a single | ||||||
9 | pleading,
paper or other appearance. Such fee shall be | ||||||
10 | collected in the manner in
which all other fees or costs are | ||||||
11 | collected.
| ||||||
12 | 1.1. Starting on the effective date of this amendatory Act | ||||||
13 | of the 97th General Assembly and pursuant to an administrative | ||||||
14 | order from the chief judge of the circuit or the presiding | ||||||
15 | judge of the county authorizing such collection, a clerk of the | ||||||
16 | circuit court in any county that imposes a fee pursuant to | ||||||
17 | subsection 1 of this Section shall also charge and collect an | ||||||
18 | additional $10 operations fee for probation and court services | ||||||
19 | department operations. | ||||||
20 | This additional fee shall be paid by the defendant in any | ||||||
21 | felony, traffic, misdemeanor, local ordinance, or conservation | ||||||
22 | case upon a judgment of guilty or grant of supervision, except | ||||||
23 | such $10 operations fee shall not be charged and collected in | ||||||
24 | cases governed by Supreme Court Rule 529 in which the bail | ||||||
25 | amount is $120 or less. | ||||||
26 | 1.2. With respect to the fee imposed and collected under |
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| |||||||
1 | subsection 1.1 of this Section, each clerk shall transfer all | ||||||
2 | fees monthly to the county treasurer for deposit into the | ||||||
3 | probation and court services fund created under Section 15.1 of | ||||||
4 | the Probation and Probation Officers Act, and such monies shall | ||||||
5 | be disbursed from the fund only at the direction of the chief | ||||||
6 | judge of the circuit or another judge designated by the Chief | ||||||
7 | Circuit Judge in accordance with the policies and guidelines | ||||||
8 | approved by the Supreme Court. | ||||||
9 | 1.5. Starting on the effective date of this amendatory Act | ||||||
10 | of the 96th General Assembly, a clerk of the circuit court in | ||||||
11 | any county that imposes a fee pursuant to subsection 1 of this | ||||||
12 | Section, shall charge and collect an additional fee in an | ||||||
13 | amount equal to the amount of the fee imposed pursuant to | ||||||
14 | subsection 1 of this Section. This additional fee shall be paid | ||||||
15 | by the defendant in any felony, traffic, misdemeanor, or local | ||||||
16 | ordinance case upon a judgment of guilty or grant of | ||||||
17 | supervision. This fee shall not be paid by the defendant for | ||||||
18 | any conservation violation listed in subsection 1.6 of this | ||||||
19 | Section. | ||||||
20 | 1.6. Starting on July 1, 2012 ( the effective date of Public | ||||||
21 | Act 97-46) this amendatory Act of the 97th General Assembly , a | ||||||
22 | clerk of the circuit court in any county that imposes a fee | ||||||
23 | pursuant to subsection 1 of this Section shall charge and | ||||||
24 | collect an additional fee in an amount equal to the amount of | ||||||
25 | the fee imposed pursuant to subsection 1 of this Section. This | ||||||
26 | additional fee shall be paid by the defendant upon a judgment |
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1 | of guilty or grant of supervision for a conservation violation | ||||||
2 | under the State Parks Act, the Recreational Trails of Illinois | ||||||
3 | Act, the Illinois Explosives Act, the Timber Buyers Licensing | ||||||
4 | Act, the Forest Products Transportation Act, the Firearm Owners | ||||||
5 | Identification Card Act, the Environmental Protection Act, the | ||||||
6 | Fish and Aquatic Life Code, the Wildlife Code, the Cave | ||||||
7 | Protection Act, the Illinois Exotic Weed Act, the Illinois | ||||||
8 | Forestry Development Act, the Ginseng Harvesting Act, the | ||||||
9 | Illinois Lake Management Program Act, the Illinois Natural | ||||||
10 | Areas Preservation Act, the Illinois Open Land Trust Act, the | ||||||
11 | Open Space Lands Acquisition and Development Act, the Illinois | ||||||
12 | Prescribed Burning Act, the State Forest Act, the Water Use Act | ||||||
13 | of 1983, the Illinois Youth and Young Adult Employment Act of | ||||||
14 | 1986, the Snowmobile Registration and Safety Act, the Boat | ||||||
15 | Registration and Safety Act, the Illinois Dangerous Animals | ||||||
16 | Act, the Hunter and Fishermen Interference Prohibition Act, the | ||||||
17 | Wrongful Tree Cutting Act, or Section 11-1426.1, 11-1426.2, | ||||||
18 | 11-1427, 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or | ||||||
19 | 11-1427.5 of the Illinois Vehicle Code. | ||||||
20 | 2. With respect to the fee imposed under subsection 1 of | ||||||
21 | this Section, each clerk shall commence such charges and | ||||||
22 | collections upon receipt
of written notice from the chairman of | ||||||
23 | the county board together with a
certified copy of the board's | ||||||
24 | resolution, which the clerk shall file of
record in his office.
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25 | 3. With respect to the fee imposed under subsection 1 of | ||||||
26 | this Section, such fees shall be in addition to all other fees |
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| |||||||
1 | and charges of such
clerks, and assessable as costs, and may be | ||||||
2 | waived only if the judge
specifically provides for the waiver | ||||||
3 | of the court automation fee. The
fees shall be remitted monthly | ||||||
4 | by such clerk to the county treasurer, to be
retained by him in | ||||||
5 | a special fund designated as the court automation fund.
The | ||||||
6 | fund shall be audited by the county auditor, and the board | ||||||
7 | shall make
expenditure from the fund in payment of any cost | ||||||
8 | related to the automation
of court records, including hardware, | ||||||
9 | software, research and development
costs and personnel related | ||||||
10 | thereto, provided that the expenditure is
approved by the clerk | ||||||
11 | of the court and by the chief judge of the circuit
court or his | ||||||
12 | designate.
| ||||||
13 | 4. With respect to the fee imposed under subsection 1 of | ||||||
14 | this Section, such fees shall not be charged in any matter | ||||||
15 | coming to any such clerk
on change of venue, nor in any | ||||||
16 | proceeding to review the decision of any
administrative | ||||||
17 | officer, agency or body.
| ||||||
18 | 5. With respect to the additional fee imposed under | ||||||
19 | subsection 1.5 of this Section, the fee shall be remitted by | ||||||
20 | the circuit clerk to the State Treasurer within one month after | ||||||
21 | receipt for deposit into the State Police Operations Assistance | ||||||
22 | Fund. | ||||||
23 | 6. With respect to the additional fees imposed under | ||||||
24 | subsection 1.5 of this Section, the Director of State Police | ||||||
25 | may direct the use of these fees for homeland security purposes | ||||||
26 | by transferring these fees on a quarterly basis from the State |
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| |||||||
1 | Police Operations Assistance Fund into the Illinois Law | ||||||
2 | Enforcement Alarm Systems (ILEAS) Fund for homeland security | ||||||
3 | initiatives programs. The transferred fees shall be allocated, | ||||||
4 | subject to the approval of the ILEAS Executive Board, as | ||||||
5 | follows: (i) 66.6% shall be used for homeland security | ||||||
6 | initiatives and (ii) 33.3% shall be used for airborne | ||||||
7 | operations. The ILEAS Executive Board shall annually supply the | ||||||
8 | Director of State Police with a report of the use of these | ||||||
9 | fees. | ||||||
10 | 7. 6. With respect to the additional fee imposed under | ||||||
11 | subsection 1.6 of this Section, the fee shall be remitted by | ||||||
12 | the circuit clerk to the State Treasurer within one month after | ||||||
13 | receipt for deposit into the Conservation Police Operations | ||||||
14 | Assistance Fund. | ||||||
15 | (Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12; | ||||||
16 | 97-453, eff. 8-19-11; revised 10-4-11.)
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17 | Section 10. The Probation and Probation Officers Act is | ||||||
18 | amended by changing Section 15.1 as follows:
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19 | (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1) | ||||||
20 | Sec. 15.1. Probation and Court Services Fund.
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21 | (a) The county treasurer in each county shall establish a
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22 | probation and court services fund consisting of fees collected | ||||||
23 | pursuant to
subsection (i) of Section 5-6-3 and subsection (i) | ||||||
24 | of Section 5-6-3.1
of the Unified Code of Corrections, |
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1 | subsection (10) of Section 5-615
and
subsection (5) of Section | ||||||
2 | 5-715 of the Juvenile Court Act of 1987, and
paragraph 14.3 of | ||||||
3 | subsection (b) of Section 110-10 of the Code of Criminal
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4 | Procedure of 1963.
The
county treasurer shall disburse monies | ||||||
5 | from the fund only at the direction
of the chief judge of the | ||||||
6 | circuit court in such circuit where the county is
located. The | ||||||
7 | county treasurer of each county shall, on or before January
10 | ||||||
8 | of each year, submit an annual report to the Supreme Court.
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9 | (b) Monies in the probation and court services fund shall | ||||||
10 | be
appropriated by the county board to be used within the | ||||||
11 | county or
jurisdiction where
collected in accordance
with | ||||||
12 | policies and guidelines approved by the Supreme Court for the | ||||||
13 | costs
of operating the probation and court services department | ||||||
14 | or departments;
however, except as provided in subparagraphs | ||||||
15 | subparagraph (g) and (h) , monies
in the probation and court | ||||||
16 | services fund shall not be used for the payment
of salaries of | ||||||
17 | probation and court services personnel.
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18 | (c) Monies expended from the probation and court services | ||||||
19 | fund shall
be used to supplement, not supplant, county | ||||||
20 | appropriations for probation
and court services.
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21 | (d) Interest earned on monies deposited in a probation and | ||||||
22 | court
services fund may be used by the county for its ordinary | ||||||
23 | and contingent
expenditures.
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24 | (e) The county board may appropriate moneys from the | ||||||
25 | probation and court
services fund, upon the direction of the | ||||||
26 | chief judge, to support programs that
are part of the continuum |
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1 | of juvenile delinquency intervention programs which
are or may | ||||||
2 | be developed within the county. The grants from the probation | ||||||
3 | and
court services fund shall be for no more than one year and | ||||||
4 | may be used for any
expenses attributable to the program | ||||||
5 | including administration and oversight of
the program by the | ||||||
6 | probation department.
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7 | (f) The county board may appropriate moneys from the | ||||||
8 | probation and court
services fund, upon the direction of the | ||||||
9 | chief judge, to support practices
endorsed or required under | ||||||
10 | the Sex Offender Management Board Act, including but
not | ||||||
11 | limited to sex offender evaluation, treatment, and monitoring | ||||||
12 | programs that
are or may be developed within the county.
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13 | (g) For the State Fiscal Years 2005, 2006, and 2007
only, | ||||||
14 | the Administrative Office of the Illinois Courts may permit a | ||||||
15 | county or circuit to use its probation and court services fund | ||||||
16 | for the payment of salaries of probation officers and other | ||||||
17 | court services personnel whose salaries are reimbursed under | ||||||
18 | this Act if the State's FY2005, FY2006, or FY2007 appropriation | ||||||
19 | to the Supreme Court for reimbursement to counties for | ||||||
20 | probation salaries and services is less than the amount | ||||||
21 | appropriated to the Supreme Court for these
purposes for State | ||||||
22 | Fiscal Year 2004. The Administrative Office of the Illinois | ||||||
23 | Courts shall take into account each county's or circuit's | ||||||
24 | probation fee collections and expenditures when apportioning | ||||||
25 | the total reimbursement for each county or circuit.
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26 | (h) The Administrative Office of the Illinois Courts may |
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1 | permit a county or circuit to use its probation and court | ||||||
2 | services fund for the payment of salaries of probation officers | ||||||
3 | and other court services personnel whose salaries are | ||||||
4 | reimbursed under this Act in any State fiscal year that the | ||||||
5 | appropriation for reimbursement to counties for probation | ||||||
6 | salaries and services is less than the amount appropriated to | ||||||
7 | the Supreme Court for these purposes for State Fiscal Year | ||||||
8 | 2002 , except that the Administrative Office of the Illinois | ||||||
9 | Courts shall adjust this amount appropriated in 2002 by 3% per | ||||||
10 | year and may continue to permit use of the probation and court | ||||||
11 | services fund for salaries in any State fiscal year where the | ||||||
12 | State reimbursement to counties is regularly delayed more than | ||||||
13 | 4 months . The Administrative Office of the Illinois Courts | ||||||
14 | shall take into account each county's or circuit's probation | ||||||
15 | fee collections and expenditures when appropriating the total | ||||||
16 | reimbursement for each county or circuit. Any amount | ||||||
17 | appropriated to the Supreme Court in any State fiscal year for | ||||||
18 | the purpose of reimbursing Cook County for the salaries and | ||||||
19 | operations of the Cook County Juvenile Temporary Detention | ||||||
20 | Center shall not be counted in the total appropriation to the | ||||||
21 | Supreme Court in that State fiscal year for reimbursement to | ||||||
22 | counties for probation salaries and services, for the purposes | ||||||
23 | of this paragraph (h). | ||||||
24 | (Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707, | ||||||
25 | eff. 1-11-08.)
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1 | Section 95. No acceleration or delay. Where this Act makes | ||||||
2 | changes in a statute that is represented in this Act by text | ||||||
3 | that is not yet or no longer in effect (for example, a Section | ||||||
4 | represented by multiple versions), the use of that text does | ||||||
5 | not accelerate or delay the taking effect of (i) the changes | ||||||
6 | made by this Act or (ii) provisions derived from any other | ||||||
7 | Public Act.
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
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