Bill > SB0108

This bill modifies the Code of Criminal Procedure regarding assessment waivers for criminal defendants, specifically addressing how courts can reduce or waive court-imposed costs based on a defendant's financial circumstances. The bill clarifies the definition of "assessments" and "indigent person," creating a structured approach to determining fee waivers based on income levels relative to the poverty line. For more serious criminal offenses, defendants can receive full or partial assessment waivers if their income is at or below 400% of the poverty level, with the percentage of waiver decreasing as income increases. For traffic and petty offenses, the bill provides a similar sliding scale of assessment waivers, ranging from 50% to 12.5% depending on income. Defendants must apply for these waivers within 30 days of sentencing and provide documentation about their financial situation, including income, expenses, and receipt of needs-based government benefits. The bill requires courts and court clerks to provide clear information about the waiver process, including posting notices in courthouses, and allows courts to offer alternative payment arrangements if a full waiver is not granted. The legislation aims to make court assessments more equitable by considering defendants' ability to pay.

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https://www.ilga.gov/legislation/BillStatus.asp?DocNum=108&GAID=18&DocTypeID=SB&SessionID=114&GA=104