Public Act 099-0878
 
HB6200 EnrolledLRB099 19719 RLC 45164 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 1. Legislative findings and intent. The General 
Assembly finds that the ability of an individual incarcerated 
to
maintain contact with the community and family is critical 
to a successful re-entry after release from
prison. In 
addition, many incarcerated people are parents. Communication 
has been proven essential to
the healthy development of their 
children. Many people are incarcerated far away from where 
their
family and friends reside, which in some cases may be a 
country outside the United States. Telephone
calls are 
frequently the only method available to maintain vital contact 
with loved ones. The purpose of
this legislation is to ensure 
that people incarcerated can maintain contact with their loved 
ones without
creating an undue burden on the person 
incarcerated or the recipient of phone calls. The General 
Assembly
intends that when determining the best value of a 
telephone service, the lowest possible cost to the
telephone 
user shall be emphasized.
 
    Section 5. The Unified Code of Corrections is amended  by 
changing Section 3-4-1 as follows:
 



    (730 ILCS 5/3-4-1)  (from Ch. 38, par. 1003-4-1)



    Sec. 3-4-1. 
Gifts and Grants; Special Trusts Funds; 
Department of
Corrections Reimbursement and Education Fund.

    (a) The Department may accept, receive and use, for and in 
behalf of the
State, any moneys, goods or services given for 
general purposes of this
Code by the federal government or from 
any other source, public
or private, including collections from 
inmates, reimbursement of payments
under the Workers' 
Compensation Act, and commissions from inmate collect call

telephone systems under an agreement with the Department of 
Central Management
Services.  For these purposes the Department 
may comply with such
conditions and enter into such agreements 
upon such covenants, terms, and
conditions as the Department 
may deem necessary or desirable, if the
agreement is not in 
conflict with State law.

    (a-5) Beginning January 1, 2018, the Department of Central 
Management Services shall contract with the
qualified vendor 
who proposes the lowest per minute rate not exceeding 7 cents 
per minute for
debit, prepaid, collect calls and who does not 
bill to any party any tax, service charge, or additional fee

exceeding the per minute rate, including, but not limited to, 
any per call surcharge, account set up
fee, bill statement fee, 
monthly account maintenance charge, or  refund fee as 
established by the
Federal Communications Commission Order for 
state prisons in the Matter of Rates for Interstate
Inmate 
Calling Services, Second Report and Order, WC Docket 12-375, 
FCC 15-136 (adopted Oct. 22,
2015).  Telephone services made 
available through a prepaid or collect call system shall

include international calls; those calls shall be made 
available at reasonable rates subject to Federal

Communications Commission rules and regulations, but not to 
exceed 23 cents per minute.  This amendatory Act of the 99th 
General Assembly applies to any new or renewal contract for 
inmate calling services. 
    (b) On July 1, 1998, the Department of Corrections 
Reimbursement Fund
and the Department of Corrections Education 
Fund shall be combined into a
single fund to be known as the 
Department of Corrections Reimbursement and
Education Fund, 
which is hereby created as a special fund in the State

Treasury.  The moneys deposited into the Department of 
Corrections
Reimbursement and Education Fund shall be 
appropriated to the
Department of Corrections for the expenses 
of the Department.

    The following shall be deposited into the Department of 
Corrections
Reimbursement and Education Fund:


        (i) Moneys received or recovered by the Department of 
    Corrections as
reimbursement for expenses incurred for the 
    incarceration of committed persons.


        (ii) Moneys received or recovered by the Department as 
    reimbursement
of payments made under the Workers' 
    Compensation Act.


        (iii) Moneys received by the Department as commissions 
    from inmate
collect call telephone systems.


        (iv) Moneys received or recovered by the Department as 
    reimbursement for
expenses incurred by the employment of 
    persons referred to the Department as
participants in the 
    federal Job Training Partnership Act programs.


        (v) Federal moneys, including reimbursement and 
    advances for
services rendered or to be rendered and moneys 
    for other than educational
purposes, under grant or 
    contract.


        (vi) Moneys identified for deposit into the Fund under 
    Section 13-44.4
of the School Code.


        (vii) Moneys in the Department of Corrections 
    Reimbursement Fund and
the Department of Corrections 
    Education Fund at the close of business
on June 30, 1998.

(Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98.)

 
 
    Section 99. Effective date. This Act takes effect January 
1, 2017.