Attorney General Opinions

Billing prisoners in county jails for meals

As of July 1, 1982, pursuant to Public Act 82-717, county jail prisoners can be billed for the meals they consume while incarcerated if they are convicted, but only for the time spent in county jail subsequent to conviction and for the till held in county custody if that time is counted toward completing the sentence. Except in these specific circumstances, a county has no power under the new law to recover such expences from a prisoner by civil action (File no. 81-040).

Surplus university bond revenues

The Illinois Board of Regents may not me unobligated surplus revenues generated by 1970 and 1970A bond series for any operational and educational purposes, including offsetting deficits for prior bond series. Instead, these surplus monies must be deposited without any deductions in the Board of Regents Income Fund in the state treasury, as prescribed by law, and may not be transferred. In this opinion, the attorney general considered: the terms of the bonds issued, the authorizing resolutions and the law at the time of the issuance of the bonds (File No. 81-042).

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Unappropriated federal funds

The Department of Children and Family Services (DCFS) may legally receive federal grant funds originally obtained by the Illinois Law Enforcement Commission (ILEC), even though the General Assembly did not appropriate the funds. The federal grant funds had been channeled through the ILEC to the Illinois Commission on Delinquency Prevention (now defunct because of the failure of the General Assembly to pass its appropriation in fiscal 1982). But the broad purposes of rehabilitation and delinquency prevention are consistent with DCFS' enabling legislation, the attorney general said, and the department is within its statutory mandate in carrying out services as the ILEC subgrantee which were previously furnished by the Commission on Deliquency Prevention.

In this opinion, requested by Gov. James. R. Thompson, the attorney general noted that in August the governor had vetoed S.B. 497 which would have required that federal funds be specifically appropriated by the General Assembly (File no. 81-039).

Revoking a bingo license

The state must follow "due process" provisions provided by the Illinois Administrative Procedures Act before it can revoke a bingo license. If a bingo licensee's required quarterly payments and reports are not received on time, the state must notify the licensee in writing, give notice of the intent to revoke the license and inform the license holder of the right to request a (air hearing (File no. 81-038).

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