(55 ILCS 5/Div. 4-2 heading)
Division 4-2.
State's Attorneys Salaries and Fees
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(55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
Sec. 4-2001. State's attorney salaries.
(a) There shall be allowed to the several state's attorneys in this State,
except the state's attorney of Cook County, the following annual salary:
(1) Subject to paragraph (5), to each state's
| | attorney in counties containing less than 10,000 inhabitants, $40,500 until December 31, 1988, $45,500 until June 30, 1994, and $55,500 thereafter or as set by the Compensation Review Board, whichever is greater.
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(2) Subject to paragraph (5), to each state's
| | attorney in counties containing 10,000 or more inhabitants but less than 20,000 inhabitants, $46,500 until December 31, 1988, $61,500 until June 30, 1994, and $71,500 thereafter or as set by the Compensation Review Board, whichever is greater.
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(3) Subject to paragraph (5), to each state's
| | attorney in counties containing 20,000 or more but less than 30,000 inhabitants, $51,000 until December 31, 1988, $65,000 until June 30, 1994, and $75,000 thereafter or as set by the Compensation Review Board, whichever is greater.
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(4) To each state's attorney in counties of 30,000 or
| | more inhabitants, $65,500 until December 31, 1988, $80,000 until June 30, 1994, and $96,837 thereafter or as set by the Compensation Review Board, whichever is greater.
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(5) Effective December 1, 2000, to each state's
| | attorney in counties containing fewer than 30,000 inhabitants, the same salary plus any cost of living adjustments as authorized by the Compensation Review Board to take effect after January 1, 1999, for state's attorneys in counties containing 20,000 or more but fewer than 30,000 inhabitants, or as set by the Compensation Review Board whichever is greater.
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The State shall furnish 66 2/3% of the total annual compensation
to be paid to each state's attorney in Illinois based on the salary in
effect on December 31, 1988, and 100%
of the increases in salary taking effect after December 31, 1988.
Subject to appropriation, said amounts furnished by the State shall be payable monthly
by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to the county in which each state's attorney is
elected.
Each county shall be required to furnish 33 1/3% of the
total annual compensation to be paid to each state's attorney in Illinois
based on the salary in effect on December 31, 1988.
Within 90 days after the effective date of this amendatory Act of the 96th General Assembly, the county board of any county with a population between 15,000 and 50,000 by resolution or ordinance may increase the amount of compensation to be paid to each eligible state's attorney in their county in the form of a longevity stipend which shall be added to and become part of the salary of the state's attorney for that year. To be eligible, the state's attorney must have served in the elected position for at least 20 continuous years and elect to participate in a program for an alternative annuity for county officers and make the required additional optional contributions as authorized by P.A. 90-32.
(b) Effective December 1, 2000, no state's attorney may engage in
the private practice of law. However, until November 30, 2000,
(i) the state's attorneys in counties containing fewer than 10,000 inhabitants
may engage in the practice of law, and (ii) in any county between 10,000 and
30,000 inhabitants or in any county containing 30,000 or more inhabitants which
reached that population between 1970 and December 31, 1981, the state's
attorney may declare his or her intention to engage in the private practice of
law, and may do so through no later than November 30, 2000, by filing a written
declaration of intent to engage in the private practice of law with the county
clerk. The declaration of intention shall be irrevocable during the remainder
of the term of office. The declaration shall be filed with the county clerk
within 30 days of certification of election or appointment, or within 60 days
of March 15, 1989, whichever is later. In that event the annual salary of such
state's attorney shall be as follows:
(1) In counties containing 10,000 or more inhabitants
| | but less than 20,000 inhabitants, $46,500 until December 31, 1988, $51,500 until June 30, 1994, and $61,500 thereafter or as set by the Compensation Review Board, whichever is greater. The State shall furnish 100% of the increases taking effect after December 31, 1988.
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(2) In counties containing 20,000 or more inhabitants
| | but less than 30,000 inhabitants, and in counties containing 30,000 or more inhabitants which reached said population between 1970 and December 31, 1981, $51,500 until December 31, 1988, $56,000 until June 30, 1994, and $65,000 thereafter or as set by the Compensation Review Board, whichever is greater. The State shall furnish 100% of the increases taking effect after December 31, 1988.
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(c) In counties where a state mental health institution, as hereinafter
defined, is located, one assistant state's attorney shall, subject to appropriation, receive for his
services, payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to the county in which he
is appointed, the following:
(1) To each assistant state's attorney in counties
| | containing less than 10,000 inhabitants, the sum of $2,500 per annum;
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(2) To each assistant state's attorney in counties
| | containing not less than 10,000 inhabitants and not more than 20,000 inhabitants, the sum of $3,500 per annum;
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(3) To each assistant state's attorney in counties
| | containing not less than 20,000 inhabitants and not more than 30,000 inhabitants, the sum of $4,000 per annum;
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(4) To each assistant state's attorney in counties
| | containing not less than 30,000 inhabitants and not more than 40,000 inhabitants, the sum of $4,500 per annum;
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(5) To each assistant state's attorney in counties
| | containing not less than 40,000 inhabitants and not more than 70,000 inhabitants, the sum of $5,000 per annum;
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(6) To each assistant state's attorney in counties
| | containing not less than 70,000 inhabitants and not more than 1,000,000 inhabitants, the sum of $6,000 per annum.
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(d) The population of all counties for the purpose of fixing salaries as
herein provided shall be based upon the last Federal census immediately
previous to the appointment of an assistant state's attorney in each county.
(e) At the request of the county governing authority, in counties where
one or more state correctional institutions, as hereinafter defined, are
located, one or more assistant state's attorneys shall, subject to appropriation, receive for their
services, provided that such services are performed in connection with the
state correctional institution, payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to
the county in which they are appointed, the following:
(1) $22,000 for each assistant state's attorney in
| | counties with one or more State correctional institutions with a total average daily inmate population in excess of 2,000, on the basis of 2 assistant state's attorneys when the total average daily inmate population exceeds 2,000 but is less than 4,000; and 3 assistant state's attorneys when such population exceeds 4,000; with reimbursement to be based on actual services rendered.
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(2) $15,000 per year for one assistant state's
| | attorney in counties having one or more correctional institutions with a total average daily inmate population of between 750 and 2,000 inmates, with reimbursement to be based on actual services rendered.
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(3) A maximum of $12,000 per year for one assistant
| | state's attorney in counties having less than 750 inmates, with reimbursement to be based on actual services rendered.
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Upon application of the county governing authority
| | and certification of the State's Attorney, the Director of Corrections may, in his discretion and subject to appropriation, increase the amount of salary reimbursement to a county in the event special circumstances require the county to incur extraordinary salary expenditures as a result of services performed in connection with State correctional institutions in that county.
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In determining whether or not to increase the amount of salary
reimbursement, the Director shall consider, among other matters:
(1) the nature of the services rendered;
(2) the results or dispositions obtained;
(3) whether or not the county was required to employ
| | additional attorney personnel as a direct result of the services actually rendered in connection with a particular service to a State correctional institution.
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(f) In counties where a State senior institution of higher education is
located, the assistant state's attorneys specified by this Section shall, subject to appropriation,
receive for their services, payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to
the county in which appointed, the following:
(1) $14,000 per year each for employment on a full
| | time basis for 2 assistant state's attorneys in counties having a State university or State universities with combined full time enrollment of more than 15,000 students.
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(2) $7,200 per year for one assistant state's
| | attorney with no limitation on other practice in counties having a State university or State universities with combined full time enrollment of 10,000 to 15,000 students.
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(3) $4,000 per year for one assistant state's
| | attorney with no limitation on other practice in counties having a State university or State universities with combined full time enrollment of less than 10,000 students.
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Such salaries shall be paid to the state's attorney and the assistant
state's attorney in equal monthly installments by such county out of the
county treasury provided that, subject to appropriation, the Department of Revenue shall reimburse each
county monthly, out of the Personal Property Tax Replacement Fund or the General Revenue Fund, the amount of such salary. This
Section shall not prevent the payment of such additional compensation to
the state's attorney or assistant state's attorney of any county, out of
the treasury of that county as may be provided by law.
(g) For purposes of this Section, "State mental health institution" means
any institution under the jurisdiction of the Department of Human Services
that is listed in Section 4 of the Mental Health and
Developmental Disabilities Administrative Act.
For purposes of this Section, "State correctional institution" means
any facility of the Department of Corrections including adult facilities,
juvenile facilities, pre-release centers, community correction centers, and
work camps.
For purposes of this Section, "State university" means the University
of Illinois, Southern Illinois University,
Chicago State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois University,
Northern Illinois University, Western Illinois University, and any public
community college
which has established a program of interinstitutional cooperation with one
of the foregoing institutions whereby a student, after earning an associate
degree from the community college, pursues a course of study at the
community college campus leading to a baccalaureate degree from the
foregoing institution (also known as a "2 Plus 2" degree program).
(h) A number of assistant state's attorneys shall be appointed in each
county that chooses to participate, as provided in this subsection,
for the prosecution of alcohol-related traffic offenses. Each county shall
receive monthly a subsidy for payment of the salaries and
benefits of these
assistant state's attorneys from State funds appropriated to the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund for
that purpose. The amounts of subsidies provided by this subsection shall be
adjusted for inflation each July 1 using the Consumer Price Index of the Bureau
of Labor Statistics of the U.S. Department of Labor.
When a county chooses to participate in the subsidy program described in this
subsection (h), the number of assistant state's attorneys who are prosecuting
alcohol-related traffic offenses must increase according to the subsidy
provided in this subsection. These appointed assistant state's attorneys shall
be in addition to any other assistant state's attorneys assigned to those cases
on the effective date of this amendatory Act of the 91st General Assembly, and
may not replace those assistant state's attorneys. In counties where the
state's attorney is the sole prosecutor, this subsidy shall be used to provide
an assistant state's attorney to prosecute alcohol-related traffic offenses
along with the state's attorney. In counties where the state's attorney is the
sole prosecutor, and in counties where a judge presides over cases involving a
variety of misdemeanors, including alcohol-related traffic matters, assistant
state's attorneys appointed and subsidized by this subsection (h) may also
prosecute the different misdemeanor cases at the direction of the state's
attorney.
Assistant state's attorneys shall be appointed under this subsection in the
following number and counties shall receive the following annual subsidies:
(1) In counties with fewer than 30,000 inhabitants,
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(2) In counties with 30,000 or more but fewer than
| | 100,000 inhabitants, one at $45,000.
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(3) In counties with 100,000 or more but fewer than
| | 300,000 inhabitants, 2 at $45,000 each.
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(4) In counties, other than Cook County, with 300,000
| | or more inhabitants, 4 at $50,000 each.
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The amounts appropriated under this Section must be segregated by
population
classification and disbursed monthly.
If in any year the amount appropriated for the purposes of this subsection
(h) is insufficient to pay all of the subsidies specified in this subsection,
the amount appropriated shall first be prorated by the population
classifications of this subsection (h) and then among the counties choosing
to
participate
within each of those classifications. If any of the appropriated moneys for
each population classification remain at the end of a fiscal year,
the remainder of the moneys may be allocated to participating counties that
were not fully funded during the course of the year. Nothing in
this subsection prohibits 2 or more State's attorneys from combining their
subsidies to appoint a joint assistant State's attorney to
prosecute alcohol-related traffic offenses in multiple counties. Nothing in
this subsection prohibits a State's attorney from appointing an
assistant State's attorney by contract or otherwise.
(Source: P.A. 96-259, eff. 8-11-09; 97-72, eff. 7-1-11.)
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(55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
Sec. 4-2002. State's attorney fees in counties under 3,000,000
population. This Section applies only to counties with fewer than
3,000,000 inhabitants.
(a) State's attorneys shall be entitled to the following fees, however, the
fee requirement of this subsection does not apply to county boards:
For each conviction in prosecutions on indictments for first degree murder,
second degree murder, involuntary manslaughter, criminal sexual assault,
aggravated criminal sexual assault, aggravated criminal sexual abuse,
kidnapping, arson and forgery, $30. All other cases punishable by imprisonment
in the penitentiary, $30.
For each conviction in other cases tried before judges of the circuit
court, $15; except that if the conviction is in a case which may be
assigned to an associate judge, whether or not it is in fact assigned to
an associate judge, the fee shall be $10.
For preliminary examinations for each defendant held to bail or
recognizance, $10.
For each examination of a party bound over to keep the peace, $10.
For each defendant held to answer in a circuit court on a charge of
paternity, $10.
For each trial on a charge of paternity, $30.
For each case of appeal taken from his county or from the county to
which a change of venue is taken to his county to the Supreme or
Appellate Court when prosecuted or defended by him, $50.
For each day actually employed in the trial of a case, $25; in which
case the court before whom the case is tried shall make an order
specifying the number of days for which a per diem shall be allowed.
For each day actually employed in the trial of cases of felony
arising in their respective counties and taken by change of venue to
another county, $25; and the court before whom the case is tried shall
make an order specifying the number of days for which said per diem
shall be allowed; and it is hereby made the duty of each State's
attorney to prepare and try each case of felony arising when so taken by
change of venue.
For assisting in a trial of each case on an indictment for felony
brought by change of venue to their respective counties, the same fees
they would be entitled to if such indictment had been found for an
offense committed in his county, and it shall be the duty of the
State's attorney of the county to which such cause is taken by
change of venue to assist in the trial thereof.
For each case of forfeited recognizance where the forfeiture is set
aside at the instance of the defense, in addition to the ordinary costs,
$10 for each defendant.
For each proceeding in a circuit court to inquire into the alleged
mental illness of any person, $10 for each defendant.
For each proceeding in a circuit court to inquire into the alleged
dependency or delinquency of any child, $10.
For each day actually employed in the hearing of a case of habeas
corpus in which the people are interested, $25.
For each violation of the Criminal Code of 1961 or the Criminal Code of 2012 and the Illinois Vehicle Code in which a defendant has entered a plea of guilty or a defendant has stipulated to the facts supporting the charge or a finding of guilt and the court has entered an order of supervision, $10.
State's attorneys shall be entitled to a $2 fee to be paid by the defendant on a judgment of guilty or a grant of supervision for a violation of any provision of the Illinois Vehicle Code or any felony, misdemeanor, or petty offense to discharge the expenses of the State's Attorney's office for establishing and maintaining automated record keeping systems. The fee shall be remitted monthly to the county treasurer, to be deposited by him or her into a special fund designated as the State's Attorney Records Automation Fund. Expenditures from this fund may be made by the State's Attorney for hardware, software, research, and development costs and personnel related thereto.
All the foregoing fees shall be taxed as costs to be collected from
the defendant, if possible, upon conviction. But in cases of inquiry
into the mental illness of any person alleged to be mentally ill, in
cases on a charge of paternity and in cases of appeal in the Supreme or
Appellate Court, where judgment is in favor of the accused, the fees
allowed the State's attorney therein shall be retained out of the fines
and forfeitures collected by them in other cases.
Ten per cent of all moneys except revenue, collected by them and paid
over to the authorities entitled thereto, which per cent together with
the fees provided for herein that are not collected from the parties
tried or examined, shall be paid out of any fines and forfeited
recognizances collected by them, provided however, that in proceedings
to foreclose the lien of delinquent real estate taxes State's attorneys
shall receive a fee, to be credited to the earnings of their office, of 10%
of the total amount realized from the sale of real estate sold in such
proceedings. Such fees shall be paid from the total amount realized from
the sale of the real estate sold in such proceedings.
State's attorneys shall have a lien for their fees on all judgments
for fines or forfeitures procured by them and on moneys except revenue
received by them until such fees and earnings are fully paid.
No fees shall be charged on more than 10 counts in any one indictment
or information on trial and conviction; nor on more than 10 counts
against any one defendant on pleas of guilty.
The Circuit Court may direct that of all monies received, by
restitution or otherwise, which monies are ordered paid to the
Department of Healthcare and Family Services (formerly Department of Public Aid) or the Department of Human Services (acting as
successor to the Department of Public Aid under the Department of Human
Services Act) as a direct result of the efforts
of the
State's attorney and which payments arise from Civil or Criminal
prosecutions involving the Illinois Public Aid Code or the Criminal Code,
the
following amounts shall be paid quarterly by the Department of Healthcare and Family Services or the Department of Human Services to the General Corporate Fund of
the County in which the prosecution
or cause of action took place:
(1) where the monies result from child support
| | obligations, not more than 25% of the federal share of the monies received,
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(2) where the monies result from other than child
| | support obligations, not more than 25% of the State's share of the monies received.
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In addition to any other amounts to which State's Attorneys are entitled under this Section, State's Attorneys are entitled to $10 of the fine that is imposed under Section 5-9-1.17 of the Unified Code of Corrections, as set forth in that Section.
(b) A municipality shall be entitled to a $25 prosecution fee for each
conviction for a violation of the Illinois Vehicle Code prosecuted by the
municipal attorney pursuant to Section 16-102 of that Code which results in a finding of guilt
before a circuit or associate judge or in which a defendant has stipulated to the facts supporting the charge or a finding of guilt and the court has entered an order of supervision and shall be entitled to a $25
prosecution fee for each conviction for a violation of a municipal vehicle
ordinance or nontraffic ordinance which results in a finding of guilt before a circuit or associate judge or in which a defendant has stipulated to the facts supporting the charge or a finding of guilt and the court has entered an order of supervision. Such fee shall be taxed as
costs to be collected from the defendant, if possible, upon disposition of the case. A
municipality shall have a lien for such prosecution fees on all judgments or
fines procured by the municipal attorney from prosecutions for violations of
the Illinois Vehicle Code and municipal vehicle ordinances or nontraffic
ordinances.
For the purposes of this subsection (b), "municipal vehicle ordinance"
means any ordinance enacted pursuant to Sections 11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois Municipal Code or any ordinance enacted by a
municipality which is similar to a provision of Chapter 11 of the Illinois
Vehicle Code.
(Source: P.A. 96-707, eff. 1-1-10; 96-1186, eff. 7-22-10; 97-331, eff. 8-12-11; 97-673, eff. 6-1-12; 97-1150, eff. 1-25-13.)
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(55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
Sec. 4-2002.1. State's attorney fees in counties of 3,000,000 or more
population. This Section applies only to counties with 3,000,000 or more
inhabitants.
(a) State's attorneys shall be entitled to the following fees:
For each conviction in prosecutions on indictments for first degree
murder, second degree murder, involuntary manslaughter, criminal sexual
assault, aggravated criminal sexual assault, aggravated criminal sexual
abuse, kidnapping, arson and forgery, $60. All other cases punishable by
imprisonment in the penitentiary, $60.
For each conviction in other cases tried before judges of the circuit
court, $30; except that if the conviction is in a case which may be
assigned to an associate judge, whether or not it is in fact assigned to
an associate judge, the fee shall be $20.
For preliminary examinations for each defendant held to bail or
recognizance, $20.
For each examination of a party bound over to keep the peace, $20.
For each defendant held to answer in a circuit court on a charge of
paternity, $20.
For each trial on a charge of paternity, $60.
For each case of appeal taken from his county or from the county to
which a change of venue is taken to his county to the Supreme or
Appellate Court when prosecuted or defended by him, $100.
For each day actually employed in the trial of a case, $50; in which
case the court before whom the case is tried shall make an order
specifying the number of days for which a per diem shall be allowed.
For each day actually employed in the trial of cases of felony
arising in their respective counties and taken by change of venue to
another county, $50; and the court before whom the case is tried shall
make an order specifying the number of days for which said per diem
shall be allowed; and it is hereby made the duty of each State's
attorney to prepare and try each case of felony arising when so taken by
change of venue.
For assisting in a trial of each case on an indictment for felony
brought by change of venue to their respective counties, the same fees
they would be entitled to if such indictment had been found for an
offense committed in his county, and it shall be the duty of the
State's attorney of the county to which such cause is taken by
change of venue to assist in the trial thereof.
For each case of forfeited recognizance where the forfeiture is set
aside at the instance of the defense, in addition to the ordinary costs,
$20 for each defendant.
For each proceeding in a circuit court to inquire into the alleged
mental illness of any person, $20 for each defendant.
For each proceeding in a circuit court to inquire into the alleged
dependency or delinquency of any child, $20.
For each day actually employed in the hearing of a case of habeas
corpus in which the people are interested, $50.
All the foregoing fees shall be taxed as costs to be collected from
the defendant, if possible, upon conviction. But in cases of inquiry
into the mental illness of any person alleged to be mentally ill, in
cases on a charge of paternity and in cases of appeal in the Supreme or
Appellate Court, where judgment is in favor of the accused, the fees
allowed the State's attorney therein shall be retained out of the fines
and forfeitures collected by them in other cases.
Ten per cent of all moneys except revenue, collected by them and paid
over to the authorities entitled thereto, which per cent together with
the fees provided for herein that are not collected from the parties
tried or examined, shall be paid out of any fines and forfeited
recognizances collected by them, provided however, that in proceedings
to foreclose the lien of delinquent real estate taxes State's attorneys
shall receive a fee, to be credited to the earnings of their office, of 10%
of the total amount realized from the sale of real estate sold in such
proceedings. Such fees shall be paid from the total amount realized from
the sale of the real estate sold in such proceedings.
State's attorneys shall have a lien for their fees on all judgments
for fines or forfeitures procured by them and on moneys except revenue
received by them until such fees and earnings are fully paid.
No fees shall be charged on more than 10 counts in any one indictment
or information on trial and conviction; nor on more than 10 counts
against any one defendant on pleas of guilty.
The Circuit Court may direct that of all monies received, by
restitution or otherwise, which monies are ordered paid to the
Department of Healthcare and Family Services (formerly Department of Public Aid) or the Department of Human Services (acting as
successor to the Department of Public Aid under the Department of Human
Services Act) as a direct result of the efforts
of the
State's attorney and which payments arise from Civil or Criminal
prosecutions involving the Illinois Public Aid Code or the Criminal Code,
the
following amounts shall be paid quarterly by the Department of Healthcare and Family Services or the Department of Human Services to the General Corporate Fund of
the County in which the prosecution
or cause of action took place:
(1) where the monies result from child support
| | obligations, not less than 25% of the federal share of the monies received,
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(2) where the monies result from other than child
| | support obligations, not less than 25% of the State's share of the monies received.
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In addition to any other amounts to which State's Attorneys are entitled under this Section, State's Attorneys are entitled to $10 of the fine that is imposed under Section 5-9-1.17 of the Unified Code of Corrections, as set forth in that Section.
(b) A municipality shall be entitled to a $25 prosecution fee for each
conviction for a violation of the Illinois Vehicle Code prosecuted by the
municipal attorney pursuant to Section 16-102 of that Code which is tried
before a circuit or associate judge and shall be entitled to a $25
prosecution fee for each conviction for a violation of a municipal vehicle
ordinance prosecuted by the municipal attorney which is tried before a
circuit or associate judge. Such fee shall be taxed as costs to be
collected from the defendant, if possible, upon conviction. A municipality
shall have a lien for such prosecution fees on all judgments or fines
procured by the municipal attorney from prosecutions for violations of the
Illinois Vehicle Code and municipal vehicle ordinances.
(c) State's attorneys shall be entitled to a $2 fee to be paid
by the defendant on a judgment of guilty or a grant of supervision for a violation of any provision of the Illinois
Vehicle Code or any felony, misdemeanor, or petty offense to
discharge the expenses of the State's Attorney's office for
establishing and maintaining automated record keeping systems.
The fee shall be remitted monthly to the county treasurer, to
be deposited by him or her into a special fund designated as
the State's Attorney Records Automation Fund. Expenditures
from this fund may be made by the State's Attorney for
hardware, software, research, and development costs and
personnel related thereto.
For the purposes of this subsection (b), "municipal vehicle ordinance"
means any ordinance enacted pursuant to Sections 11-40-1, 11-40-2, 11-40-2a, and
11-40-3 of the Illinois Municipal Code or any ordinance enacted by a
municipality which is similar to a provision of Chapter 11 of the Illinois
Vehicle Code.
(Source: P.A. 96-707, eff. 1-1-10; 96-1186, eff. 7-22-10; 97-673, eff. 6-1-12.)
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(55 ILCS 5/4-2003) (from Ch. 34, par. 4-2003)
Sec. 4-2003.
Assistants.
Except as provided in Section 4-2001, where
assistant State's Attorneys are
required in any county, the number of such assistants shall be determined
by the county board, and the salaries of such assistants shall be fixed by
the State's Attorney subject to budgetary limitations established by the
county board and paid out of the county treasury in quarterly annual
installments, on the order of the county board on the treasurer of said
county. Such assistant State's Attorneys are to be named by the State's
Attorney of the county, and when so appointed shall take the oath of office
in the same manner as State's Attorneys and shall be under the
supervision of the State's Attorney.
(Source: P.A. 91-273, eff. 1-1-00; 91-357, eff. 7-29-99.)
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(55 ILCS 5/4-2004) (from Ch. 34, par. 4-2004)
Sec. 4-2004.
Collection and disposition of fines and forfeitures.
It
shall be the duty of State's attorneys to attend to the collection of all
fines and forfeitures in criminal cases, and they shall, without delay, pay
over all fines and forfeitures collected by them to the county treasurer to
be deposited into the general corporate fund of the county, except as
otherwise specifically provided by law and except for such portion as is
required by Section 9.1 of "The Illinois Police Training Act" and Section
5-9-1 of the "Unified Code of Corrections" to be paid into The Traffic and
Criminal Conviction Surcharge Fund in the State Treasury, unless the
fines and forfeitures are subject to disbursement by the circuit clerk
under Section 27.5 of the Clerks of Courts Act.
(Source: P.A. 86-962; 87-670.)
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(55 ILCS 5/4-2005) (from Ch. 34, par. 4-2005)
Sec. 4-2005.
Payment of salaries; disposition of fees.
The salaries
of the State's attorneys, excepting that part which is to be paid out of
the State treasury as now provided for by law, and the salaries of all
Assistant State's attorneys shall be paid out of the general corporate fund
of the county treasury of the county in which the State's attorney resides,
on the order of the county board by the treasurer of the county: The fees
which are now, or may hereafter, be provided by law to be paid by the
defendant or defendants, as State's attorney's fees, shall be taxed as
costs and all fees, fines, forfeitures and penalties shall be collected by
the State's attorney, except for those amounts required by Section 9.1 of
the "Illinois Police Training Act" and Section 5-9-1 of the "Unified Code
of Corrections" to be paid into The Traffic and Criminal Conviction
Surcharge Fund and those amounts subject to disbursement by the
circuit clerk under Section 27.5 of the Clerks of Courts Act, and shall
be paid by him directly into the county treasury
to be deposited into the general corporate fund of the county. The county
treasurer shall receipt therefor.
(Source: P.A. 86-962; 87-670.)
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(55 ILCS 5/4-2006) (from Ch. 34, par. 4-2006)
Sec. 4-2006.
Report of fees.
(a) It is hereby made the duty of all State's attorneys to report to
the circuit court at such times as the court shall determine by rule, the
payment and collection of all fees, fines, forfeitures and penalties and to
satisfy the court by voucher or otherwise, that all fees, fines,
forfeitures and penalties by them collected, except for those amounts required
by Section 9.1 of the Illinois Police Training Act and Section 5-9-1
of the Unified Code of Corrections to be paid into the Traffic and
Criminal Conviction Surcharge Fund, have been duly paid over to
the county treasurer, as required by Section 4-2005, and the
State's attorney shall have no further interest in conviction fees, fines,
forfeitures and penalties or moneys collected by virtue of such office. The
court shall note the filing of the report and fix a day certain not less
than 30 days thereafter, when objections in writing may be filed to such
report by any one or more taxpayers of the county, and when objections are
filed to such report a hearing may be had upon such report and objections
at such time and in such manner as the court may direct and after such
hearing the court may approve or disapprove of such report as justice may
require, and make all proper orders in reference thereto, and if no
objections have been filed, the court shall inspect such report and require
the State's attorney to produce evidence in proof of his having paid over
as required by law all fines and forfeitures collected by him; and if it
appears to the court that any State's attorney has failed or refused to
turn over the fines and forfeitures collected by him as required by law the
court shall at once suspend him and appoint a State's attorney pro tempore
to perform the duties of the office until such State's attorney shall have
complied with the provisions of this Division or the orders of
the court in regard thereto. The court, for the purpose of carrying out the
provisions of this Section shall have the power to examine books and papers
and to issue subpoenas to compel the appearance of persons and the
production of books and records: Provided, however, no order entered under
this Section shall be a bar to any proper proceedings against such State's
attorney and his bondsman to require him to account for moneys collected
and not paid over by him as required by law.
(b) Waiver of report of fees. The filing of the report of fees as
provided by subsection (a) of this Section may be waived by written
administrative order of the chief judge of the circuit upon written request
and affidavit of the State's attorney of a county within the circuit that
all fines, fees, forfeitures, and restitution are collected by the clerk of
the circuit court and that none of those funds pass through the office of
the State's attorney.
(Source: P.A. 86-962; 87-1201.)
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