State Codes and Statutes
Statutes > Illinois > Chapter725 > 1991 (725 ILCS 210/1) (from Ch. 14, par. 201) Sec. 1. This Act may be cited as the State's Attorneys Appellate Prosecutor's Act. (Source: P.A. 84‑1062.) |
(725 ILCS 210/2) (from Ch. 14, par. 202) Sec. 2. In this Act, unless the context clearly requires a different meaning, the following definitions apply: (1) "Board" means the board of governors of the Office of the State's Attorneys Appellate Prosecutor; (2) "Member" means a member of the board; (3) "Director" means the Director of the Office of the State's Attorneys Appellate Prosecutor; and (4) "District" means a judicial district as defined in "An Act establishing the Judicial Districts", approved May 13, 1963, as now or hereafter amended; (5) "State" means the State of Illinois; and (6) "Office" means the Office of the State's Attorneys Appellate Prosecutor. (Source: P.A. 84‑1062.) |
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(2) The State's Attorney of Cook County; and (3) One State's Attorney to be annually appointed by | ||
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(b) Voting for elected members shall be by District with each of the State's Attorneys voting from their respective district. Each board member must be duly elected or appointed and serving as State's Attorney in the district from which he was elected or appointed. (c) Elected members shall serve for a term of 2 years commencing upon their election and until their successors are duly elected or appointed and qualified. (d) An annual election of members of the board shall be held within 30 days prior or subsequent to the beginning of the fiscal year, and the board shall certify the results to the Secretary of State. (e) The board shall promulgate rules of procedure for the election of its members and the conduct of its meetings and shall elect a Chairman and a Vice‑Chairman and such other officers as it deems appropriate. The board shall meet at least once every 3 months, and in addition thereto as directed by the Chairman, or upon the special call of any 5 members of the board, in writing, sent to the Chairman, designating the time and place of the meeting. (f) Five members of the board shall constitute a quorum for the purpose of transacting business. (g) Members of the board shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties. (h) A position shall be vacated by either a member's resignation, removal or inability to serve as State's Attorney. (i) Vacancies on the board of elected members shall be filled within 90 days of the occurrence of the vacancy by a special election held by the State's Attorneys in the district where the vacancy occurred. Vacancies on the board of the appointed member shall be filled within 90 days of the occurrence of the vacancy by a special election by the members. In the case of a special election, the tabulation and certification of the results may be conducted at any regularly scheduled quarterly or special meeting called for that purpose. A member elected or appointed to fill such position shall serve for the unexpired term of the member whom he is succeeding. Any member may be re‑elected or re‑appointed for additional terms. (Source: P.A. 96‑900, eff. 5‑28‑10.) |
(725 ILCS 210/4) (from Ch. 14, par. 204) Sec. 4. The board and the Office have the powers and duties enumerated in Sections 4.01 through 4.10. (Source: P.A. 84‑1062.) |
(725 ILCS 210/4.02) (from Ch. 14, par. 204.02) Sec. 4.02. The board shall appoint a Director. (Source: P.A. 84‑1062.) |
(725 ILCS 210/4.03) (from Ch. 14, par. 204.03) Sec. 4.03. The board shall advise the Director and shall establish policies for the operation of the Office. (Source: P.A. 84‑1062.) |
(725 ILCS 210/4.04) (from Ch. 14, par. 204.04) Sec. 4.04. The board shall establish an Office in each district containing less than 3,000,000 inhabitants. (Source: P.A. 84‑1062.) |
(725 ILCS 210/4.05) (from Ch. 14, par. 204.05) Sec. 4.05. The board shall approve or modify an annual budget submitted to it by the Director and establish the number of employees. (Source: P.A. 84‑1062.) |
(725 ILCS 210/4.06) (from Ch. 14, par. 204.06) Sec. 4.06. The board shall submit an annual report to the General Assembly and Governor regarding the operation of the Office of the State's Attorneys Appellate Prosecutor. The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Research Unit, as required by Section 3.1 of "An Act to revise the law in relation to the General Assembly", approved February 25, 1874, as amended, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act. (Source: P.A. 84‑1438.) |
(725 ILCS 210/4.07) (from Ch. 14, par. 204.07) Sec. 4.07. The Office may accept and expend monies, gifts, grants and services from any public or private source; contract or enter into agreements with educational institutions or any Illinois county, the state of Illinois or federal agencies. (Source: P.A. 84‑1062.) |
(725 ILCS 210/4.08) (from Ch. 14, par. 204.08) Sec. 4.08. The Office may establish programs, alone or in conjunction with law schools, for the purpose of utilizing law students as legal assistants and interns. (Source: P.A. 84‑1062.) |
(725 ILCS 210/4.09) (from Ch. 14, par. 204.09) Sec. 4.09. The board shall provide for such rules and regulations as may be required for the administration of this Act. (Source: P.A. 84‑1062.) |
(725 ILCS 210/4.10) (from Ch. 14, par. 204.10) Sec. 4.10. The Office may conduct and charge tuition for training programs for State's Attorneys, Assistant State's Attorneys and other law enforcement officers. The Office shall conduct training programs for Illinois state's attorneys, assistant state's attorneys and law enforcement officers on techniques and methods of eliminating or reducing the trauma of testifying in criminal proceedings for children who serve as witnesses in such proceedings. In addition, the Office may publish, disseminate and sell publications and newsletters which digest current Appellate and Supreme Court cases and legislative developments of importance to prosecutors and law enforcement officials. The moneys collected by the Office from the programs and publications provided for in this Section shall be deposited in the Continuing Legal Education Trust Fund, which special fund is hereby created in the State Treasury. In addition, such gifts or grants of money as the Office may secure from any public or private source for the purposes described in this Section shall be deposited in the Continuing Legal Education Trust Fund. The General Assembly shall make appropriations from the Continuing Legal Education Trust Fund for the expenses of the Office incident to conducting the programs and publishing the materials provided for in this Section. (Source: P.A. 84‑1340.) |
(725 ILCS 210/5) (from Ch. 14, par. 205) Sec. 5. The Director and all attorneys employed by the Office of the State's Attorneys Appellate Prosecutor shall take the oath of office in like manner as Assistant State's Attorneys. (Source: P.A. 84‑1062.) |
(725 ILCS 210/7) (from Ch. 14, par. 207) Sec. 7. The Director has the powers and duties enumerated in Sections 7.01 through 7.06. (Source: P.A. 81‑1057.) |
(725 ILCS 210/7.01) (from Ch. 14, par. 207.01) Sec. 7.01. The Director shall be appointed by and serve at the pleasure of the board. (Source: P.A. 84‑1062.) |
(725 ILCS 210/7.02) (from Ch. 14, par. 207.02) Sec. 7.02. The Director may, with the concurrence of the board, hire such employees, including part‑time employees, as are necessary to carry out Office duties, and the Director shall establish rates of compensation therefor within the limits of the appropriations made by the General Assembly and such other funds as may be available. All Attorneys hired as part‑time employees who devote 50% or more of their time to Office duties are prohibited from the private practice of law. (Source: P.A. 84‑1062.) |
(725 ILCS 210/7.03) (from Ch. 14, par. 207.03) Sec. 7.03. The Director may, with the concurrence of the board, promulgate regulations, instructions and orders consistent with this Act further defining the organization of the Office and duties of the employees. (Source: P.A. 84‑1062.) |
(725 ILCS 210/7.04) (from Ch. 14, par. 207.04) Sec. 7.04. The Director shall submit reports to the board on the operation of his office at each meeting. The Director shall submit a comprehensive report to the board at the end of each fiscal year, and the board may require the Director to submit additional or amended reports on any phase of the operation of his office. (Source: P.A. 84‑1062.) |
(725 ILCS 210/7.05) (from Ch. 14, par. 207.05) Sec. 7.05. The Director shall submit an annual budget for the approval of the board. (Source: P.A. 84‑1062.) |
(725 ILCS 210/8) (from Ch. 14, par. 208) Sec. 8. Nothing herein contained shall be construed to abrogate or diminish the rights of State's Attorneys to prosecute appeals in any case. (Source: P.A. 80‑1stSS‑1; 80‑1stSS‑3.) |
(725 ILCS 210/9) (from Ch. 14, par. 209) Sec. 9. There is created a special fund in the State Treasury designated as the State's Attorneys Appellate Prosecutor's County Fund. It shall be funded from contributions collected from the counties in the program, other than moneys received from the counties for the programs and publications authorized by Section 4.10 of this Act. The contributions shall be based on pro rated shares as determined by the board based on the populations of the participating counties. This fund is to be used exclusively for the expenses of the Office. (Source: P.A. 84‑1062.) |
(725 ILCS 210/9.01) (from Ch. 14, par. 209.01) Sec. 9.01. The General Assembly shall appropriate money for the expenses of the Office, other than the expenses of the Office incident to the programs and publications authorized by Section 4.10 of this Act, one‑third from the State's Attorneys Appellate Prosecutor's County Fund and two‑thirds from the General Revenue Fund, except for employees in the collective bargaining unit, for which all personal services expenses shall be paid from the General Revenue Fund. (Source: P.A. 86‑332.) |
(725 ILCS 210/9.02) (from Ch. 14, par. 209.02) Sec. 9.02. Within 30 days after the appropriation becomes law, the board shall allocate the county shares of the expenses to the participating counties in proportion to population. (Source: P.A. 84‑1062.) |
(725 ILCS 210/9.03) (from Ch. 14, par. 209.03) Sec. 9.03. If there is an unobligated balance remaining in the State's Attorneys Appellate Prosecutor's County Fund at the end of a fiscal year, that sum shall be rolled over for use in the ensuing fiscal year, and shall be considered by the board in allocating the county shares of the expenses to the participating counties. (Source: P.A. 86‑332.) |
(725 ILCS 210/9.05) (from Ch. 14, par. 209.05) Sec. 9.05. For the purposes of Sections 9 through 9.04, population shall be determined by the last available federal census. (Source: P.A. 80‑1stSS‑1; 80‑1stSS‑3.) |
(725 ILCS 210/11) (from Ch. 14, par. 211) Sec. 11. The provisions of the "Illinois Administrative Procedure Act", as now or hereafter amended, are hereby expressly adopted and incorporated herein as though a part of this Act, and shall apply to all administrative rules and procedures of the Office of the State's Attorneys Appellate Prosecutor under this Act. (Source: P.A. 84‑1062.) |