Bill Text: IL SB3305 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the County Jail Act. Provides that if the court orders a person who is incarcerated in the county jail placed in the custody of the Department of Human Services for mental health treatment, and the Department of Human Services does not find bed space for that person in a Department of Human Services mental health facility within 30 days after the sheriff notifies the Department of Human Services of the court order, then the State shall reimburse the county where the jail is holding the person for the costs of maintaining the person beyond the 30-day period after notification. Provides to which persons incarcerated in a county jail the provision is applicable.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3305 Detail]

Download: Illinois-2019-SB3305-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3305 Introduced 2/11/2020, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED:
730 ILCS 125/5 from Ch. 75, par. 105
Amends the County Jail Act. Provides that if the court orders a person who is incarcerated in the county jail placed in the custody of the Department of Human Services for mental health treatment, and the Department of Human Services does not find bed space for that person in a Department of Human Services mental health facility within 30 days after the sheriff notifies the Department of Human Services of the court order, then the State shall reimburse the county where the jail is holding the person for the costs of maintaining the person beyond the 30-day period after notification. Provides to which persons incarcerated in a county jail the provision is applicable.
LRB101 19935 RLC 69459 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB3305 LRB101 19935 RLC 69459 b
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 (c), and
(d), 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.
(d) If the court orders a person who is incarcerated in the
county jail placed in the custody of the Department of Human
Services for mental health treatment, and the Department of
Human Services does not find bed space for that person in a
Department of Human Services mental health facility within 30
days after the sheriff notifies the Department of Human
Services of the court order, then the State shall reimburse the
county where the jail is holding the person for the costs of
maintaining the person beyond the 30-day period after
notification.
This subsection (d) applies to a person who:
(1) has been charged with an offense, is held in
custody in the county jail, and has been ordered by the
court to be placed in the custody of the Department of
Human Services for mental health treatment under Section
104-17 of the Code of Criminal Procedure of 1963; or
(2) has been ordered by the court under the Unified
Code of Corrections or the Mental Health and Developmental
Disabilities Code to be placed in the custody of the
Department of Human Services for mental health treatment
and who:
(A) is imprisoned in a county jail for a
misdemeanor;
(B) has been sentenced to a county impact
incarceration under Section 3-6038 or 3-15003.5 of the

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Counties Code; or
(C) has been sentenced to a term of periodic
imprisonment at a county jail under Section 5-7-1 of
the Unified Code of Corrections.
(Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07.)