Illinois General Assembly - Full Text of Public Act 096-0943
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Public Act 096-0943


 

Public Act 0943 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-0943
 
HB4798 Enrolled LRB096 15301 RLC 30418 b

    AN ACT concerning corrections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. If and only if the provisions of House Bill 1994
of the 96th General Assembly that are changed by this
amendatory Act of the 96th General Assembly become law, the
Illinois Procurement Code is amended by changing Section 45-30
as follows:
 
    (30 ILCS 500/45-30)
    Sec. 45-30. Illinois Correctional industries.
Notwithstanding anything to the contrary in other law, the
chief procurement officer of the Department of Central
Management Services shall, in consultation with Illinois
Correctional Industries, a division of the Illinois Department
of Corrections (referred to as the "Illinois Correctional
Industries" or "ICI") determine for all State agencies which
articles, materials, industry related services, food stuffs,
and finished goods that are produced or manufactured by persons
confined in institutions and facilities of the Department of
Corrections who are participating inmate workers employed in
Illinois Correctional Industries programs shall be purchased
from Illinois Correctional Industries. The chief procurement
officer of Central Management Services shall develop and
distribute to the various purchasing and using agencies a
listing of all Illinois Correctional Industries products and
procedures for implementing this Section.
(Source: P.A. 90-572, eff. date - See Sec. 99-5; 96HB1994
enrolled.)
 
    Section 10. If and only if the provisions of House Bill
1994 of the 96th General Assembly that are changed by this
amendatory Act of the 96th General Assembly become law, the
Unified Code of Corrections is amended by changing Sections
3-12-2, 3-12-3a, 3-12-6, and 3-12-7 as follows:
 
    (730 ILCS 5/3-12-2)  (from Ch. 38, par. 1003-12-2)
    Sec. 3-12-2. Types of employment.
    (a) The Department shall provide inmate workers for
Illinois Correctional Industries to work in programs
established to train and employ committed persons in the
production of food stuffs products and finished goods and any
articles, materials or supplies for resale to State agencies
and authorized purchasers. It may also employ committed persons
on public works, buildings and property, the conservation of
natural resources of the State, anti-pollution or
environmental control projects, or for other public purposes,
for the maintenance of the Department's buildings and
properties and for the production of food or other necessities
for its programs. The Department may establish, maintain and
employ committed persons in the production of vehicle
registration plates. A committed person's labor shall not be
sold, contracted or hired out by the Department except under
this Article and under Section 3-9-2.
    (b) Works of art, literature, handicraft or other items
produced by committed persons as an avocation and not as a
product of a work program of the Department may be sold to the
public under rules and regulations established by the
Department. The cost of selling such products may be deducted
from the proceeds, and the balance shall be credited to the
person's account under Section 3-4-3. The Department shall
notify the Attorney General of the existence of any proceeds
which it believes should be applied towards a satisfaction, in
whole or in part, of the person's incarceration costs.
(Source: P.A. 94-1017, eff. 7-7-06; 96HB1994 enrolled.)
 
    (730 ILCS 5/3-12-3a)  (from Ch. 38, par. 1003-12-3a)
    Sec. 3-12-3a. (a) Contracts, leases, and business
agreements. The Department shall promulgate such rules and
policies as it deems necessary to establish, manage, and
operate its Illinois Correctional Industries division enter
into a contract or other type of business agreement with
Illinois Correctional Industries for the purpose of utilizing
committed persons in the manufacture of food stuffs products,
finished goods or wares. To the extent not inconsistent with
the function and role of the ICI, the Department may enter into
a contract, lease, or other type of business agreement, not to
exceed 20 years, with any private corporation, partnership,
person, or other business entity for the purpose of utilizing
committed persons in the provision of services or for any other
business or commercial enterprise deemed by the Department to
be consistent with proper training and rehabilitation of
committed persons of Illinois Correctional Industries.
    Illinois Correctional Industries' spending authority shall
be separate and apart from the Department's budget and
appropriations. Control of Illinois Correctional Industries
accounting processes and budget requests to the General
Assembly, other budgetary processes, audits by the Office of
the Auditor General, and computer processes shall be returned
to Illinois Correctional Industries.
    (b) The Department shall be permitted to construct
buildings on State property for the purposes identified in
subsection (a) and to lease for a period not to exceed 20 years
any building or portion thereof on State property for the
purposes identified in subsection (a).
    (c) Any contract or other business agreement referenced in
subsection (a) shall include a provision requiring that all
committed persons assigned receive in connection with their
assignment such vocational training and/or apprenticeship
programs as the Department deems appropriate.
    (d) Committed persons assigned in accordance with this
Section shall be compensated in accordance with the provisions
of Section 3-12-5.
(Source: P.A. 86-450; 96HB1994 enrolled.)
 
    (730 ILCS 5/3-12-6)  (from Ch. 38, par. 1003-12-6)
    Sec. 3-12-6. Programs. Through its Illinois Correctional
Industries division, the Department shall establish
commercial, business, and manufacturing programs on behalf of
the State of Illinois for the sale of finished goods and
processed food and beverages to the State, its political units,
its agencies, and other public institutions. Illinois
Correctional Industries shall establish, operate, and maintain
manufacturing and food and beverage production in the
Department of Corrections facilities and provide food for the
Department of Corrections institutions and for the mental
health and developmental disabilities institutions of the
Department of Human Services and the institutions of the
Department of Veterans' Affairs for consumption in those
agencies' institutions.
    Illinois Correctional Industries shall be administered by
a chief executive officer. The chief executive officer shall
report to the Director of the Department. The Director may not
delegate direction of Illinois Correctional Industries
management and fiscal processes formally or indirectly to any
other division, component, or contractor of the Department. The
chief executive officer shall be responsible for all persons
assigned to the institution or facility that are employed in
Industries programs. The chief executive officer shall
administer the commercial and business programs of ICI for
inmate workers in the custody of the Department of Corrections.
    The chief executive officer shall have such assistants as
are required for sales staff, manufacturing, budget, fiscal,
accounting, computer, human services, and personnel as
necessary to run its commercial and business programs.
    Illinois Correctional Industries shall have a financial
officer who shall report to the chief executive officer. The
financial officer shall: (i) assist in the development and
presentation of the Department budget submission; (ii) manage
and control the spending authority of ICI; and (iii) provide
oversight of the financial activities of ICI, both internally
and through coordination with the Department fiscal operations
personnel, including accounting processes, budget submissions,
other budgetary processes, audits by the Office of the Auditor
General, and computer processes.
    Illinois Correctional Industries shall be located in
Springfield. The chief executive officer of Illinois
Correctional Industries shall assign personnel to direct the
production of goods and shall employ committed persons assigned
by the chief administrative officer. The Department of
Corrections may direct such other vocational programs as it
that the Department deems necessary for the rehabilitation of
inmates, which shall be separate and apart from, and not . Such
programs shall not compete, interfere, or be in conflict with,
the missions and programs of Illinois Correctional Industries.
(Source: P.A. 80-728; 96HB1994 enrolled.)
 
    (730 ILCS 5/3-12-7)  (from Ch. 38, par. 1003-12-7)
    Sec. 3-12-7. Purchasers; Allocation.
    (a) The State, its political units, its agencies and other
public institutions shall purchase from Illinois Correctional
Industries all manufactured goods, articles, materials,
industry related services, food stuffs, and supplies required
by them which are produced or manufactured by persons confined
in institutions and facilities of the Department that are
employed in Illinois Correctional Industries programs. The
Secretary of State may purchase from the Department vehicle
registration plates produced by persons confined in
institutions and facilities of the Department. The Secretary
shall determine reasonable specifications and prices of such
vehicle registration plates as agreed upon with the Department.
Not-for-profit corporations chartered in Illinois or other
States may purchase such goods and services. Units of the
Federal government and units of government in other States may
also purchase such goods and services. All entities which
contract with the State, its political units, its agencies, its
public institutions or not-for-profit corporations chartered
in Illinois may purchase goods or services from the Department
which are used in the performance of such contracts. Nothing
shall prohibit the Department from bidding on portions of a
State contract which are subcontracted by the primary
contractor. The public may purchase crushed limestone and lime
dust for agricultural and horticultural purposes and hardwood.
Illinois Correctional Industries may also sell grain from its
agricultural operations on the open market. All other articles,
materials, industry related services, food stuffs and supplies
which are produced or manufactured by persons confined in
institutions and facilities of the Department shall be
available for sale on the open market.
    (b) Allocation of goods shall be made in the following
manner:
    (1) first, for needs of the Department of Corrections and
the Department of Human Services;
    (2) second, for the State, its agencies and public
institutions;
    (3) third, for those political subdivisions of the State
and their agencies in which the producing institution or
facility of the Department is located;
    (4) fourth, for other political subdivisions of the State
and their agencies and public institutions;
    (5) fifth, for sale on the open market;
    (6) sixth, for not for profit corporations chartered in
Illinois;
    (7) seventh, for units of government in other states;
    (8) eighth, for units of the Federal government;
    (9) ninth, for not-for-profit organizations chartered in
other states;
    (10) tenth, all other permitted purchasers.
    (c) Exemption from required purchases shall be on
certification of Illinois Correctional Industries that the
items to be purchased are not manufactured by Illinois
Correctional Industries.
(Source: P.A. 86-450; 96HB1994 enrolled.)
 
    Section 99. Effective date. This Act takes effect July 1,
2010.

Effective Date: 7/1/2010