Illinois Compiled Statutes 310 ILCS 80/5 – Homeless persons; savings
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(a) If a homeless person resides at a shelter, that person may open a passbook savings account at a bank or savings and loan association subject to the requirements imposed by the bank or savings and loan association. In the alternative, the homeless person may enter into a written agreement with the shelter in which he or she resides; the agreement may provide that the shelter will accept and hold moneys belonging to the homeless person. Under such an agreement, the shelter shall do the following:
(1) Place the moneys in a non-interest bearing
(1) Place the moneys in a non-interest bearing
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account for the homeless person, at no cost to that person.
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(2) Segregate, from all other moneys or accounts held
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or maintained by the shelter, moneys accepted from and held for homeless persons.
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(3) Maintain, separately for each homeless person
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with whom an agreement is made under this Section, an accurate accounting of the moneys accepted from, held for, and withdrawn by that person. Upon a homeless person’s request, the shelter shall provide a copy of the accounting concerning that person’s moneys.
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(4) Pay to the homeless person, within 48 hours after
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the person’s request, the amount of the person’s moneys held by the shelter or any lesser amount requested by the homeless person.
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(b) Money held by a shelter under this Section shall not be subject to assignment, attachment, garnishment, set-off, or other process in aid of creditors.
(c) For purposes of this Section, “homeless person” means either of the following:
(1) An individual who lacks a fixed, regular, and
Terms Used In Illinois Compiled Statutes 310 ILCS 80/5
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
(c) For purposes of this Section, “homeless person” means either of the following:
(1) An individual who lacks a fixed, regular, and
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adequate nighttime residence; or
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(2) An individual who has a primary nighttime
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residence that is any of the following:
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(A) A supervised publicly or privately operated
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shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill).
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(B) An institution that provides a temporary
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residence for individuals intended to be institutionalized.
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(C) A public or private place not designed for,
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or ordinarily used as, a regular sleeping accommodation for human beings.
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