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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5399 Introduced 2/10/2026, by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
| | 730 ILCS 5/3-12-5 | from Ch. 38, par. 1003-12-5 |
| Amends the Unified Code of Corrections. Provides that a person committed to the Department of Corrections who is paid wages performing a work assignment must receive a rate of compensation that is not less than the minimum wage required under the Minimum Wage Law. |
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| | A BILL FOR |
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| | HB5399 | | LRB104 16487 RLC 29883 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Unified Code of Corrections is amended by |
| 5 | | changing Section 3-12-5 as follows:
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| 6 | | (730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5) |
| 7 | | Sec. 3-12-5. Compensation. Persons performing a work |
| 8 | | assignment under subsection (a) of Section 3-12-2 may receive |
| 9 | | wages under rules and regulations of the Department. In |
| 10 | | determining rates of compensation, the Department shall |
| 11 | | consider the effort, skill and economic value of the work |
| 12 | | performed; however, in no case may the rate of compensation be |
| 13 | | less than the minimum wage required under Section 4 of the |
| 14 | | Minimum Wage Law. Compensation may be given to persons who |
| 15 | | participate in other programs of the Department. If the |
| 16 | | committed person files a lawsuit determined frivolous under |
| 17 | | Article XXII of the Code of Civil Procedure, 50% of the |
| 18 | | compensation shall be used to offset the filing fees and costs |
| 19 | | of the lawsuit as provided in that Article until all fees and |
| 20 | | costs are paid in full. All other wages shall be deposited in |
| 21 | | the individual's account under rules and regulations of the |
| 22 | | Department. |
| 23 | | (Source: P.A. 101-235, eff. 1-1-20.) |