SB0649 102ND GENERAL ASSEMBLY

LRB102 17166 KMF 22610 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0649

Introduced 2/24/2021, by Sen. Robert Peters

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-9-2	from Ch. 38, par. 1003-9-2
730 ILCS 5/3-12-5	from Ch. 38, par. 1003-12-5
730 ILCS 5/3-13-5	from Ch. 38, par. 1003-13-5

Amends the Unified Code of Corrections. Provides that the wages paid to a person for work as a person committed to the Department of Corrections or the Department of Juvenile Justice, either in the correctional industries program, on work release, or in a work training program, shall not be less than the State minimum wage. Provides that the respective Department shall charge businesses reasonable hourly rates for meals and the housing of committed persons on work release, if applicable. Effective January 1, 2022.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

WHEREAS, To end the last vestiges of slavery and embrace the spirit and the promise of the Thirteenth Amendment of the United States Constitution, the General Assembly extends the Illinois State minimum wage to detained workers in the Illinois Department of Corrections and the State pay shall match the average unemployment state pay rate for Illinois residents at the Department of Corrections and the Department of Juvenile Justice; therefore

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. This Act may be referred to as the End Prison Slavery Act.

Section 5. The Unified Code of Corrections is amended by changing Sections 3-9-2, 3-12-5, and 3-13-5 as follows:

(730 ILCS 5/3-9-2) (from Ch. 38, par. 1003-9-2)

Sec. 3-9-2. Work Training Programs.

(a) The Department of Juvenile Justice, in conjunction with the private sector, may establish and offer work training to develop work habits and equip persons committed to it with marketable skills to aid in their community placement upon release. Committed persons participating in this program shall be paid wages similar to those of comparable jobs in the surrounding community, which wages shall not be less than the State minimum wage prescribed in Section 4 of the Minimum Wage Law. "Work" includes any task assigned to a committed person for which a wage would have been due, except for his or her status as a committed person. A portion of the wages earned shall go to the Department of Juvenile Justice to pay part of the committed person's room and board, a portion shall be deposited into the Violent Crime Victim's Assistance Fund to assist victims of crime, and the remainder shall be placed into a savings account for the committed person which shall be given to the committed person upon release. The Department shall promulgate rules to regulate the distribution of the wages earned.

(b) The Department of Juvenile Justice may establish programs of incentive by achievement, participation in which shall be on a voluntary basis, to sell goods or services to the public with the net earnings distributed to the program participants subject to rules of the Department of Juvenile Justice.

(Source: P.A. 94-696, eff. 6-1-06.)

(730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)

Sec. 3-12-5. Compensation. Persons performing a work assignment under subsection (a) of Section 3-12-2 shall may receive wages under rules and regulations of the Department. In determining rates of compensation, the Department shall consider the effort, skill and economic value of the work performed. The compensation paid to a committed person shall not be less than the State minimum wage prescribed in Section 4 of the Minimum Wage Law. "Work" includes any task assigned to a committed person for which a wage would have been due, except for his or her status as a committed person. Compensation shall may be given to persons who participate in other programs of the Department. If the committed person files a lawsuit determined frivolous under Article XXII of the Code of Civil Procedure, 50% of the compensation shall be used to offset the filing fees and costs of the lawsuit as provided in that Article until all fees and costs are paid in full. All other wages shall be deposited in the individual's account under rules and regulations of the Department.

(Source: P.A. 101-235, eff. 1-1-20.)

(730 ILCS 5/3-13-5) (from Ch. 38, par. 1003-13-5)

Sec. 3-13-5. Wages and Working Conditions.

A person on work release shall not be required to work for less than the prevailing wage or under worse than prevailing working conditions in the area, which shall not be less than the State minimum wage prescribed in Section 4 of the Minimum Wage Law. "Work" includes any task assigned to a committed person for which a wage would have been due, except for his or her status as a committed person. The Department shall charge businesses reasonable hourly rates for meals and the housing of committed persons on work release, if applicable.

(Source: P.A. 77-2097.)

Section 99. Effective date. This Act takes effect January 1, 2022.