People Ex Rel. Department of Corrections v. Hawkins

951 N.E.2d 837, 402 Ill. App. 3d 204, 351 Ill. Dec. 458, 2010 Ill. App. LEXIS 621
CourtAppellate Court of Illinois
DecidedJune 21, 2010
Docket3-09-0418 Rel
StatusPublished
Cited by1 cases

This text of 951 N.E.2d 837 (People Ex Rel. Department of Corrections v. Hawkins) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People Ex Rel. Department of Corrections v. Hawkins, 951 N.E.2d 837, 402 Ill. App. 3d 204, 351 Ill. Dec. 458, 2010 Ill. App. LEXIS 621 (Ill. Ct. App. 2010).

Opinions

JUSTICE CARTER

delivered the opinion of the court:

Plaintiff, the Illinois Department of Corrections (the Department), brought suit against defendant, inmate Kensley Hawkins, to recover approximately $456,000 in costs incurred during Hawkins’s incarceration. While the suit was pending, the trial court granted the Department’s motion to attach Hawkins’s bank account, which had been funded entirely from money that Hawkins had earned working in the Department’s employment programs. Pursuant to statute, an offset had already been taken out of that money by the Department before it had been paid out to Hawkins. Acting upon cross-motions for summary judgment, the trial court, in an order entered upon reconsideration, granted a monetary judgment in favor of the Department and against Hawkins for approximately $455,000 but vacated the prior attachment order and precluded the Department from attaching Hawkins’s bank account. Both sides appeal. The Department appeals, arguing that the trial court erred in vacating the prior attachment order and in precluding the Department from attaching Hawkins’s bank account. Hawkins cross-appeals, arguing that the trial court erred in entering a monetary judgment against him. We reverse the trial court’s ruling as to the Department’s appeal and affirm the trial court’s ruling as to Hawkins’s cross-appeal.

FACTS

In March of 2005, the Department brought the instant action, pursuant to section 3 — 7—6 of the Unified Code of Corrections (the Code) (730 ILCS 5/3 — 7—6 (West 2008)) to recover approximately $456,000 in costs incurred during Hawkins’s incarceration. Hawkins asserted as an affirmative defense that his obligation to contribute toward his incarceration expenses was fully satisfied, when, pursuant to section 3 — 12—5 of the Code (730 ILCS 5/3 — 12—5 (West 2008)), the Department offset 3% of his earnings from the correctional employment programs.

In June of 2006, the Department filed a pretrial motion, pursuant to section 4 — 101(11) of the Code of Civil Procedure (735 ILCS 5/4— 101(11) (West 2008)), to attach Hawkins’s bank account at the Lincoln Savings Bank. The account had approximately $11,000 in it, which had been accumulated from Hawkins’s earnings as an inmate in the Department’s employment programs. As noted above, an offset had been taken out of the earnings, pursuant to section 3 — 12—5 of the Code, before the earnings were paid out to Hawkins. In August of 2006, the trial court granted the Department’s motion and issued an order of attachment of the funds, except for $4,000 that the trial court held was exempt from attachment pursuant to the personal property exemption statute (735 ILCS 5/12 — 1001 (West 2008)).

In March of 2008, both sides filed motions for summary judgment as to the Department’s underlying complaint for reimbursement. The pleadings and other documents presented in the summary judgment proceedings established that: (1) Hawkins was an inmate in the Department of Corrections at Stateville Correctional Center (State-ville) in Joliet, Illinois, and had been incarcerated at that location for several years; (2) the cost of Hawkins’s care, custody, and treatment at Stateville from July 1, 1983, to March 17, 2005, was approximately $456,000; (3) during his incarceration, Hawkins worked in the correctional employment programs and was paid for his services; (4) pursuant to section 3 — 12—5 of the Code, an offset of 3%, or approximately $751, was taken out of Hawkins’s earnings before they were paid out to him; and (5) Hawkins deposited a portion of his remaining correctional earnings, approximately $11,000, into his bank account at the State Bank of Lincoln.

In February of 2009, after the issue had been fully briefed and taken under advisement, the trial court issued its initial ruling in this case on the motions for summary judgment. The trial court granted summary judgment for Hawkins and denied summary judgment for the Department. In its written order, the trial court noted that sections 3 — 12—5 and 3 — 7—6 of the Code were in conflict. The trial court found that section 3 — 12—5 controlled, as the more specific statute on the issue, and that it precluded the Department from attaching Hawkins’s bank account in an action under section 3 — 7—6.

The Department filed a motion to reconsider. The trial court took the motion under advisement. In April of 2009, the trial court issued a revised order. In the revised order, the trial court granted partial summary judgment for the Department and entered a monetary judgment for approximately $455,000 in favor of the Department and against Hawkins. However, also in the revised order, the trial court essentially granted partial summary judgment in favor of Hawkins and maintained its previous ruling that the Department was precluded from collecting money from Hawkins’s bank account to satisfy the judgment. The trial court vacated its August 2006 order, which had allowed the attachment of Hawkins’s bank account. That portion of the trial court’s revised order was later stayed, on motion of the Department, pending an appeal. The Department’s appeal and Hawkins’s cross-appeal followed.

ANALYSIS

On appeal, the Department argues that the trial court erred in granting partial summary judgment in favor of Hawkins and in precluding the Department from attaching Hawkins’s bank account. Specifically, the Department asserts first that sections 3 — 12—5 and 3 — 7—6 of the Code are not in conflict or ambiguous and that their plain language, when read as a whole, allows the Department to take an initial offset out of Hawkins’s earnings and to later attach Hawkins’s bank account. Second, and in the alternative, the Department asserts that if the two statutes are conflicting or ambiguous, section 3 — 7—6 controls as the more specific statute pertaining to the attachment of an inmate’s assets to satisfy the cost of incarceration and that the legislative history and purpose of the statutes support a reading that would allow the Department to attach Hawkins’s bank account under the facts of the instant case. The Department asks this court, therefore, to reverse that portion of the trial court’s revised order which precluded the Department from attaching Hawkins’s bank account and which vacated the previous order of attachment.

As to the Department’s appeal, Hawkins argues that the trial court properly found that the Department was precluded from attaching Hawkins’s bank account. Specifically, Hawkins asserts that the two statutes are conflicting, that section 3 — 12—5 of the Code controls as the more specific statute, and that the Department’s taking of a 3% offset out of his earnings, pursuant to section 3 — 12—5, satisfied his statutory obligation to contribute to the costs of his incarceration and precluded the Department from later seeking to attach his bank account, which was comprised entirely of his remaining prison earnings (after the offset had been taken).

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Related

PEOPLE EX REL. DEPT. OF CORR. v. Hawkins
951 N.E.2d 837 (Appellate Court of Illinois, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
951 N.E.2d 837, 402 Ill. App. 3d 204, 351 Ill. Dec. 458, 2010 Ill. App. LEXIS 621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-department-of-corrections-v-hawkins-illappct-2010.