94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB3047


 
Introduced 1/20/2006, by Sen. John O. Jones
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Unified Code of Corrections. Re-enacts the provisions of Section 3-12-5 of the  Code, relating to recovery of the costs of incarceration from  money received by an inmate from participation in a work program.  This Section was  affected by Public Act 88-669, which has been held to be unconstitutional as a violation of the single subject clause of the Illinois Constitution. Includes validation provisions.  Effective immediately.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB3047

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    AN ACT in relation to criminal law.

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


 
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    Section 1. Findings; purpose; validation.  
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    (a) The General Assembly finds and declares that:
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        (1) Public Act 88-669, effective November 29, 1994, 
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    contained provisions amending Section 3-12-5 of the  
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    Unified Code of Corrections, relating to recovery of the 
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    costs of incarceration from  money received by an inmate 
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    from participation in a work program. Public Act 88-669 
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    also contained other provisions.
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        (2) The Illinois Supreme Court declared Public Act 
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    88-669 to be unconstitutional as a violation of the single 
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    subject clause of the Illinois Constitution in People v. 
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    Olender, Docket No. 98932, opinion filed December 15, 2005.
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    (b) The purpose of this Act is to re-enact the provisions 
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of  Section 3-12-5 of the  Unified Code of Corrections and to 
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minimize or prevent any problems concerning those provisions 
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that may arise from the unconstitutionality of Public Act 
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88-669. This re-enactment is intended to remove any question as 
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to the validity and content of those provisions; it is not 
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intended to supersede any other Public Act that amends the 
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provisions re-enacted  in this Act. The re-enacted material is 
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shown in this Act as existing text (i.e., without underscoring) 
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and includes changes made by subsequent amendments.
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    (c) The re-enactment of Section 3-12-5 of the  Unified Code 
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of Corrections by this Act is not intended, and shall not be 
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construed, to impair any legal argument concerning whether 
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those provisions were substantially re-enacted  by any other 
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Public Act. 
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    (d) All otherwise lawful actions taken before the effective 
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date of this  Act in reliance on or pursuant to the provisions 
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re-enacted by this  Act, as those provisions were set forth in 
 


 






SB3047
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Public Act 88-669 or as subsequently amended, by any officer, 
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employee, or agency of State government or by any other person 
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or entity, are hereby validated, except to the extent 
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prohibited under the Illinois or United States Constitution.
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    (e) This Act applies, without limitation, to actions 
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pending on or after the effective date of this Act, except to 
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the extent prohibited under the Illinois or United States 
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Constitution.
 
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    Section 5. The Unified Code of Corrections is amended  by 
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re-enacting Section 3-12-5 as follows:
 



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


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    Sec. 3-12-5. Compensation. Persons performing a work 
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assignment under
subsection (a) of Section 3-12-2 may receive 
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wages  under rules and regulations
of the Department.  In 
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determining rates of compensation, the Department shall

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consider the effort, skill and economic value of the work 
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performed.
Compensation may be given to persons who participate 
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in other programs of the
Department.  Of the compensation earned 
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pursuant to this Section, a portion, as
determined by the 
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Department, shall be used to offset the cost of the committed

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person's incarceration.  If the committed person files a lawsuit 
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determined
frivolous
under Article XXII of the Code of Civil 
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Procedure, 50% of the
compensation shall be used to offset the 
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filing fees and costs of the lawsuit
as provided in
that 
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Article until all fees and costs are paid in full. All other 
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wages shall
be deposited in the individual's
account under 
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rules and regulations of the Department.  The Department shall

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notify the Attorney General of any compensation applied towards 
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a satisfaction,
in whole or in part, of the person's 
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incarceration costs.

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(Source: P.A. 90-505, eff. 8-19-97.)


 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.