(55 ILCS 5/3-4007) (from Ch. 34, par. 3-4007)

(Text of Section before amendment by P.A. 104-300)

Sec. 3-4007. Compensation.

(a) The public defender shall be paid out of the county treasury, and, subject to appropriation, shall be paid by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund as provided in subsection (b), as the sole compensation for his or her services a salary in an amount fixed by the County Board. When a Public Defender in a county of 30,000 or more population is receiving not less than 90% of the compensation of the State's Attorney of such county, that Public Defender shall not engage in the private practice of law.

(b) The State must pay 66 2/3% of the public defender's annual salary. If the public defender is employed full-time in that capacity, his or her salary must be at least 90% of that county's State's attorney's annual compensation. Subject to appropriation, these amounts furnished by the State shall be payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to the county in which each Public Defender is employed.

(c) In cases where 2 or more adjoining counties have joined to form a common office of Public Defender, the salary of the Public Defender shall be set and paid as provided by a joint resolution of the various county boards involved.

(Source: P.A. 97-72, eff. 7-1-11.)

(Text of Section after amendment by P.A. 104-300)

Sec. 3-4007. Compensation.

(a) The Chief County Public Defender shall be paid out of the county treasury, and, subject to appropriation, shall be paid by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund as provided in subsection (b), as the sole compensation for his or her services a salary in an amount fixed by the County Board.

(b) If the Chief County Public Defender is employed full-time in that capacity, his or her salary must be at least 95% of that county's State's Attorney's annual compensation and will be eligible for the same amount of State reimbursement as that county's State's Attorney under Section 4-2001. State funding for assistant public defenders must be at least equal to that for Assistant State's Attorneys, including supplements for counties housing certain State institutions as described in Section 4-2001. Subject to appropriation, these amounts furnished by the State shall be payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to the county in which each Chief County Public Defender is employed.

(c) In cases where 2 or more adjoining counties have joined to form a common office of Public Defender or otherwise collaborate under Section 3-4003, the salary of the Chief County Public Defender shall be set and paid as provided by a joint resolution of the various county boards involved and the counties shall be entitled to the same State reimbursements described in subsection (b).

(Source: P.A. 104-300, eff. 1-1-27.)