SB2221 98TH GENERAL ASSEMBLY

LRB098 08179 HEP 40966 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2221

Introduced 2/15/2013, by Sen. John M. Sullivan

SYNOPSIS AS INTRODUCED:

705 ILCS 105/27.3

from Ch. 25, par. 27.3

Amends the Clerks of Courts Act. Provides that certain reimbursements received by State correctional institutions for administrative assistance to perform services shall be appropriated each year by the General Assembly to the Department of Corrections, which shall distribute the awards in annual lump sum payments to the Clerks of the Circuit Court in the counties in which the additional staff is employed. Deletes language providing that the payments shall be payable monthly from the State Treasury to the county treasurer. Provides that the reimbursement shall be paid for all types of administrative assistance provided by the Clerk of the Circuit Court in connection with the State correctional institution and that nothing in the provisions may be construed as limiting the reimbursement to only certain types of cases. Provides that the same reimbursement provided in connection with the operation of State correctional institutions shall also be paid in connection with treatment and detention facilities established under the Sexually Violent Persons Commitment Act.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning courts.

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

Section 5. The Clerks of Courts Act is amended by changing Section 27.3 as follows:

(705 ILCS 105/27.3) (from Ch. 25, par. 27.3)

Sec. 27.3. Compensation.

(a) The county board shall provide the compensation of Clerks of the Circuit Court, and the amount necessary for clerk hire, stationery, fuel and other expenses. Beginning December 1, 1989, the compensation per annum for Clerks of the Circuit Court shall be as follows:

In counties where the population is:

(b) In counties in which the population is 3,000,000 or less, "base salary" is the compensation paid for each Clerk of the Circuit Court, respectively, before July 1, 1989.

(c) The Clerks of the Circuit Court, in counties in which the population is 3,000,000 or less, shall be compensated as follows:

(1) Beginning December 1, 1989, base salary plus at least 3% of base salary.

(2) Beginning December 1, 1990, base salary plus at least 6% of base salary.

(3) Beginning December 1, 1991, base salary plus at least 9% of base salary.

(4) Beginning December 1, 1992, base salary plus at least 12% of base salary.

(d) In addition to the compensation provided by the county board, each Clerk of the Circuit Court shall receive an award from the State for the additional duties imposed by Sections 5-9-1 and 5-9-1.2 of the Unified Code of Corrections, Section 10 of the Violent Crime Victims Assistance Act, Section 16-104a of the Illinois Vehicle Code, and other laws, in the following amount:

(1) $3,500 per year before January 1, 1997.

(2) $4,500 per year beginning January 1, 1997.

(3) $5,500 per year beginning January 1, 1998.

(4) $6,500 per year beginning January 1, 1999.

The total amount required for such awards shall be appropriated each year by the General Assembly to the Supreme Court, which shall distribute such awards in annual lump sum payments to the Clerks of the Circuit Court in all counties. This annual award, and any other award or stipend paid out of State funds to the Clerks of the Circuit Court, shall not affect any other compensation provided by law to be paid to Clerks of the Circuit Court.

(e) Also in addition to the compensation provided by the county board, Clerks of the Circuit Court in counties in which one or more State correctional institutions are located shall receive a minimum reimbursement in the amount of $2,500 per year for administrative assistance to perform services in connection with the State correctional institution. The total amount required for the awards shall be appropriated each year by the General Assembly to the Department of Corrections, which shall distribute the awards in annual lump sum payments to the Clerks of the Circuit Court in , payable monthly from the State Treasury to the treasurer of the counties county in which the additional staff is employed. Counties whose State correctional institution inmate population exceeds 250 shall receive reimbursement in the amount of $2,500 per 250 inmates. Reimbursement under this subsection (e) shall be paid for all types of administrative assistance provided by the Clerk of the Circuit Court in connection with the State correctional institution and nothing in this subsection (e) may be construed as limiting the reimbursement provided in this subsection to only certain types of cases in which administrative assistance is rendered in connection with the State correctional institution. This subsection (e) shall not apply to staff added before November 29, 1990.

For purposes of this subsection (e), "State correctional institution" means any facility of the Department of Corrections, including without limitation adult facilities, juvenile facilities, pre-release centers, community correction centers, and work camps.

(e-5) Also in addition to the compensation provided by the county board, Clerks of the Circuit Court in counties in which one or more treatment and detention facilities established under the Sexually Violent Persons Commitment Act are located shall receive a minimum reimbursement in the amount of $2,500 per year for administrative assistance to perform services in connection with the treatment and detention facility. The total amount required for the awards shall be appropriated each year by the General Assembly to the Department of Human Services, which shall distribute the awards in annual lump sum payments to the Clerks of the Circuit Court in the counties in which the additional staff is employed. Counties whose treatment and detention facility resident population exceeds 250 shall receive reimbursement in the amount of $2,500 per 250 residents. Reimbursement under this subsection (e-5) shall be paid for all types of administrative assistance provided by the Clerk of the Circuit Court in connection with the treatment and detention facility and nothing in this subsection (e-5) may be construed as limiting the reimbursement provided in this subsection to only certain types of cases in which administrative assistance is rendered in connection with the treatment and detention facility.

(f) No county board may reduce or otherwise impair the compensation payable from county funds to a Clerk of the Circuit Court if the reduction or impairment is the result of the Clerk of the Circuit Court receiving an award or stipend payable from State funds.

(Source: P.A. 92-114, eff. 1-1-02.)