Lake County Illinois - File #: 15-0107

• File #: 15-0107
• Version: 2
• Name: Joint resolution to Withhold Funds to Cover Costs
• Type: resolution
• Status: Passed
• File created: 1/23/2015
• In control: Law & Judicial Committee
• Final action: 3/10/2015
• Title: Joint resolution authorizing the Circuit Clerk to withhold an amount set by State statute to pay for the expense of publication and clerical costs related to unclaimed bail bond refunds.

Date	Ver.	Action By	Action	Result
3/10/2015	2	Lake County Board	adopted	Pass
3/4/2015	2	Financial & Administrative Committee	recommended for adoption to the consent agenda	Pass
2/24/2015	2	Law & Judicial Committee	approved and referred on to the Financial and Administrative Committee	Pass

Title

Joint resolution authorizing the Circuit Clerk to withhold an amount set by State statute to pay for the expense of publication and clerical costs related to unclaimed bail bond refunds.

Staff Summary

·      Illinois Statute 725 ILCS 5/110-17) (from Ch. 38, par. 110-17) allows unclaimed bail bond refunds to remain in the possession of the County in which they were posted rather than be escheated to the State.

·      After remaining unclaimed for three years, the Circuit Clerk is required to publish an alphabetic listing for amounts of $100 or more of all parties that may have unclaimed bond refunds due them.

·      Claims may be made to the Office of the Circuit Clerk within 65 days of publishing.

·      After 65 days have passed, the Office of the Circuit Clerk must remit all of the unclaimed funds to the County Treasurer where any additional claims would be directed.

·      Claims can be made to the County Treasurer for an additional five years.

·      After that time period, all remaining unclaimed funds are forfeited and become the property of Lake County.

·      For claims made within the initial 65 day period the Statute allows the Circuit Clerk to withhold an amount of up to $20 to cover the costs associated with publication and clerical activities which would be deducted from the claim amount.

Body

WHEREAS, Illinois Statute 725 ILCS 5/110-17) (from Ch. 38, par. 110-17) allows for unclaimed bail bond refunds to remain in the possession of the County in which the bonds were posted; and

WHEREAS, the Statute allows the Clerk of the Circuit Court to withhold an amount of up to $20 to cover the cost of notice publication and related clerical expenses; and

WHEREAS, the Clerk of the Circuit Court recommends that $20 be the amount withheld on such claims, as of the effective date of 1 April 2015.

NOW, THEREFORE, BE IT RESOLVED, by this County Board of Lake County, Illinois, that the Circuit Clerk for the 19^th Judicial Circuit shall withhold an amount of $20 from all established claims of bail bond refunds.

DATED at Waukegan, Illinois, on March 10, 2015.