LARRY SUFFREDIN, County Commissioner

Co-Sponsored by

JOAN PATRICIA MUROHY, County Commissioner

PROPOSED ORDINANCE

AN ORDINANCE AUTHORIZING COOK COUNTY

TO COLLECT A FEE TO FINANCE ITS DRUG COURTS

WHEREAS, the Illinois General Assembly enacted Public Act 094-0980 (“Public Act”); and

WHEREAS, the Public Act amends Section 5-1101 of the Counties Code (55 ILCS 5/5-1101) which enables a county board to enact by ordinance or resolution additional fees to finance the county’s drug court system; and

WHEREAS, pursuant to such amendment of the Counties Code, the Cook County Board of Commissioners grants authorization to the Clerk of the Circuit Court of Cook County to collect the fee as described in Section (f) of 55 ILCS 5/5-1101; and

WHEREAS, Public Act 094-0980 is effective as of June 30, 2006.

NOW, THEREFORE, BE IT ORDAINED, AS FOLLOWS:

Beginning on December 1, 2006, the Clerk of the Circuit Court of Cook County shall collect a mandatory fee of $5.00 to be assessed as provided in this Ordinance. Assessments collected by the Clerk of the Circuit Court of Cook County pursuant to this Ordinance must be deposited into an account specifically for the operation and administration of the drug court. The Clerk of the Circuit Court of Cook County shall collect such fees and must remit the fees to the drug court, less 5%, which is to be retained as fee income to the Office of the Clerk of the Circuit Court of Cook County. The fees are to be paid as follows:

(1) a fee of $5.00 paid by the defendant on a judgment of guilty or grant of supervision for violation of the Illinois Vehicle Code or violations of similar provisions contained in county or municipal ordinances committed in the county; or

(2) a fee of $5.00 paid by the defendant on a judgment of guilty or grant of supervision under Section 5-9-1 of the Unified Code of Corrections for a felony; for a Class A, Class B or Class C misdemeanor; for a petty offense; and for a business offense.

(3) The Clerk of the Circuit Court shall deposit the 5% retained under this Ordinance into the Circuit Court Clerk Operation and Administration Fund to be used to defray the costs of collection and disbursement of the drug court fee.

BE IT FURTHER ORDAINED, that this Ordinance shall not supersede any other Ordinance enacted by the Cook County Board of Commissioners, which establishes and sets fees to be charged for other services not previously listed and provided by the Cook County Circuit Court Clerk.