SB2441 94TH GENERAL ASSEMBLY

LRB094 17710 RLC 53009 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2441

Introduced 1/18/2006, by Sen. John J. Millner

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-9-3

from Ch. 38, par. 1005-9-3

Amends the Unified Code of Corrections. Provides that the court shall impose as part of every sentence imposed on an offender that should any fine or installment of any fine remain unpaid after the time fixed for payment of the fine by the court, an additional late charge of 25% of the unpaid fine shall be charged to the offender. Provides that each county shall establish a County Fine Recovery Fund. Provides that the additional late charges collected by the clerk of the circuit court shall be disbursed to the treasurer for the deposit into this Fund. Provides that the fees deposited in this Fund shall be used jointly by the State's Attorney and the circuit clerk pursuant to an agreement for any purpose associated with collecting fines, fees, costs, and additional late charges. Provides that these funds shall be in addition to any allocations made pursuant to existing law.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unified Code of Corrections is amended by changing Section 5-9-3 as follows:

(730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)

Sec. 5-9-3. Default.

(a) An offender who defaults in the payment of a fine or any installment of that fine may be held in contempt and imprisoned for nonpayment. The court may issue a summons for his appearance or a warrant of arrest.

(b) Unless the offender shows that his default was not due to his intentional refusal to pay, or not due to a failure on his part to make a good faith effort to pay, the court may order the offender imprisoned for a term not to exceed 6 months if the fine was for a felony, or 30 days if the fine was for a misdemeanor, a petty offense or a business offense. Payment of the fine at any time will entitle the offender to be released, but imprisonment under this Section shall not satisfy the payment of the fine.

(c) If it appears that the default in the payment of a fine is not intentional under paragraph (b) of this Section, the court may enter an order allowing the offender additional time for payment, reducing the amount of the fine or of each installment, or revoking the fine or the unpaid portion.

(d) When a fine is imposed on a corporation or unincorporated organization or association, it is the duty of the person or persons authorized to make disbursement of assets, and their superiors, to pay the fine from assets of the corporation or unincorporated organization or association. The failure of such persons to do so shall render them subject to proceedings under paragraphs (a) and (b) of this Section.

(e) A default in the payment of a fine or any installment may be collected by any and all means authorized for the collection of money judgments. The State's Attorney of the county in which the fine was imposed may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine or installment of that fine. The court shall impose as part of every sentence imposed on an offender that should any fine or installment of any fine remain unpaid after the time fixed for payment of the fine by the court, an additional late charge of 25% of the unpaid fine shall be charged to the offender. The additional late charge shall be collected by the circuit clerk and disbursed to the county treasurer to be held in a Fine Recovery Fund after all other fines, fees, and costs have been paid by the offender.

(f) The State's Attorney, or private collection agents or attorneys under contract with the State's Attorney, may collect the additional late charge as provided in subsection (e) from an offender. The fine and additional late charges shall be delivered to the circuit clerk by the State's Attorney or private collection agent or attorneys. The State's Attorney may allow that the additional late charge and fines be paid directly to a private entity that administers the collection under a contract with the State's Attorney.

(g)(1) The private collection agent or attorneys, under contract with the State's Attorney shall be required to maintain adequate general liability and errors and omissions insurance of $2,000,000 per occurrence as well as adequate coverage for potential loss resulting from employee dishonesty. The State's Attorney may require a surety bond payable to the State's Attorney if in the State's Attorney's opinion it is determined that the private collection agent or attorney is not adequately insured or funded.

(2)(A) Each private collection agent or attorney that has a contract with the State's Attorney to conduct collection activities shall maintain a separate bank account in which all moneys received from the offenders shall be deposited, referred to as a "Trust Account". Money received shall be posted and deposited in the Trust Account within 5 business days after receipt by the private collection agent or attorney.

(B) The trust account shall be established in a bank, savings and loan association, or other recognized depository which is federally or State insured or otherwise secured as defined by rule. All moneys deposited shall be sent to the circuit court clerk within 5 business days. If the account is interest bearing, the private collection agent or attorney shall pay any interest earned to the treasurer of the county for whom the State's Attorney serves.

(C) Each private collection agent or attorney shall keep on file the name of the bank, savings and loan association, or other recognized depository in which this trust account is maintained. The private collection agent or attorney, within 30 days of the time of a change of depository or person authorized to make withdrawal, shall update its files to reflect that change. An examination and audit of a private agent's or attorney's trust accounts may be made by the State's Attorney as the State's Attorney deems appropriate. A trust account financial report shall be submitted annually on forms acceptable to the State's Attorney.

(h) Each county shall establish a County Fine Recovery Fund. The additional late charges collected by the clerk of the circuit court shall be disbursed to the treasurer for the deposit into this Fund. The fees deposited in this Fund shall be used jointly by the State's Attorney and the circuit clerk pursuant to an agreement for any purpose associated with collecting fines, fees, costs, and additional late charges. These funds shall be in addition to any allocations made pursuant to existing law. The fees and costs incurred by the State's Attorney in any such collection and the fees and charges of attorneys and private collection agents retained by the State's Attorney for those purposes shall be charged to the offender.

(Source: P.A. 93-693, eff. 1-1-05.)