People v. Hawkins

Illinois Supreme Court
Civil Court
Prisoners
Citation
Case Number: 
No. 110792
Decision Date: 
Thursday, June 16, 2011
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Appellate court reversed.
Justice: 
GARMAN
Defendant, who had been incarcerated at Stateville for 22 years, worked for prison industries, and saved $11,000. DOC had made deductions totalling $750, pursuant to provision in Code of Corrections allowing small portion of prison wages to be withheld from each paycheck for prison costs. Once an inmate's wages have been subjected to offset provision, the remaining wages are not subject to collection under Section 3-7-6 of Code of Corrections, which allows DOC to pursue reimbursement of costs of incarceration when DOC reasonably believes that inmate has assets to satisfy judgment for reimbursement. (KILBRIDE, THOMAS, BURKE, and THEIS, concurring; KARMEIER and FREEMAN, specially concurring.)