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1 | AN ACT concerning Illinois Correctional Industries.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Procurement Code is amended by | ||||||
5 | changing Section 45-30 as follows:
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6 | (30 ILCS 500/45-30)
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7 | Sec. 45-30. Illinois Correctional industries. | ||||||
8 | Notwithstanding anything to the
contrary in other law, the | ||||||
9 | chief procurement officer of the Department of Central | ||||||
10 | Management Services shall, in consultation
with Illinois | ||||||
11 | Correctional Industries the Department of Corrections , | ||||||
12 | determine for all State agencies which articles, materials,
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13 | industry related services, food stuffs, and finished goods | ||||||
14 | supplies that are produced or
manufactured by inmate workers | ||||||
15 | employed in Illinois Correctional Industries programs persons | ||||||
16 | confined in institutions and facilities of the
Department of | ||||||
17 | Corrections shall be purchased from Illinois Correctional | ||||||
18 | Industries given preference by purchasing agencies
procuring | ||||||
19 | those items .
The chief procurement officer of Central | ||||||
20 | Management Services shall develop and distribute to the various
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21 | purchasing and using agencies a listing of all Illinois | ||||||
22 | Correctional Industries products and procedures for | ||||||
23 | implementing this Section.
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1 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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2 | Section 10. The Unified Code of Corrections is amended by | ||||||
3 | changing Sections 3-12-2, 3-12-3a, 3-12-6, and 3-12-7 as | ||||||
4 | follows:
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5 | (730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)
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6 | Sec. 3-12-2. Types of employment.
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7 | (a) The Department shall provide inmate workers for | ||||||
8 | Illinois Correctional Industries to work in programs | ||||||
9 | established to The Department may establish, maintain, train | ||||||
10 | and employ committed
persons in industries for the production | ||||||
11 | of food products and finished goods and any articles, materials | ||||||
12 | or supplies for
resale to State agencies and authorized | ||||||
13 | purchasers. It may also employ committed persons on public
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14 | works, buildings and property, the conservation of natural | ||||||
15 | resources of the
State, anti-pollution or environmental | ||||||
16 | control projects, or for other public
purposes, for the | ||||||
17 | maintenance of the Department's buildings and properties and
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18 | for the production of food or other necessities for its | ||||||
19 | programs. The
Department may establish, maintain and employ | ||||||
20 | committed persons in the
production of vehicle registration | ||||||
21 | plates. A committed person's labor shall
not be sold, | ||||||
22 | contracted or hired out by the Department except under this
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23 | Article and under Section 3-9-2.
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24 | (b) Works of art, literature, handicraft or other items |
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1 | produced by
committed persons as an avocation and not as a | ||||||
2 | product of a work program of the
Department may be sold to the | ||||||
3 | public under rules and regulations established by
the | ||||||
4 | Department. The cost of selling such products may be deducted | ||||||
5 | from the
proceeds, and the balance shall be credited to the | ||||||
6 | person's account under
Section 3-4-3. The Department shall | ||||||
7 | notify the Attorney General of the
existence of any proceeds | ||||||
8 | which it believes should be applied towards a
satisfaction, in | ||||||
9 | whole or in part, of the person's incarceration costs.
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10 | (Source: P.A. 94-1017, eff. 7-7-06.)
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11 | (730 ILCS 5/3-12-3a) (from Ch. 38, par. 1003-12-3a)
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12 | Sec. 3-12-3a. (a) Contracts , leases and business | ||||||
13 | agreements. The
Department shall may enter into a contract , | ||||||
14 | lease
or any other type of business
agreement with Illinois | ||||||
15 | Correctional Industries , not to exceed 20 years, with any | ||||||
16 | private corporation,
partnership, person or other
business | ||||||
17 | entity
for the purpose of utilizing committed persons in the
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18 | manufacture of food products, finished goods or wares of | ||||||
19 | Illinois Correctional Industries. , in the provision of | ||||||
20 | services or for any
other business or commercial enterprise | ||||||
21 | deemed by the Department to be
consistent with proper training | ||||||
22 | and rehabilitation of committed persons.
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23 | Illinois Correctional Industries' spending authority shall | ||||||
24 | be separate and apart from the Department's budget and | ||||||
25 | appropriations. Control of Illinois Correctional Industries |
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1 | accounting processes and budget requests to the General | ||||||
2 | Assembly, other budgetary processes, audits by the Office of | ||||||
3 | the Auditor General, and computer processes shall be returned | ||||||
4 | to Illinois Correctional Industries. | ||||||
5 | (b) The Department shall be permitted to construct | ||||||
6 | buildings on State
property for the purposes identified in | ||||||
7 | subsection (a) and to lease for a
period not to exceed 20 years | ||||||
8 | any building or portion thereof on State
property for the | ||||||
9 | purposes identified in subsection (a).
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10 | (c) Any contract , lease or other business agreement | ||||||
11 | referenced in
subsection (a) , shall include a provision | ||||||
12 | requiring that all committed
persons assigned receive in | ||||||
13 | connection with their assignment such
vocational training | ||||||
14 | and/or apprenticeship programs as the Department deems | ||||||
15 | appropriate.
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16 | (d) Committed persons assigned in accordance with this | ||||||
17 | Section shall be
compensated in accordance with the provisions | ||||||
18 | of Section 3-12-5.
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19 | (Source: P.A. 86-450.)
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20 | (730 ILCS 5/3-12-6) (from Ch. 38, par. 1003-12-6)
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21 | Sec. 3-12-6. Programs. Industrial Production; Location; | ||||||
22 | Assignment. Illinois Correctional Industries shall establish | ||||||
23 | commercial, business, and manufacturing programs on behalf of | ||||||
24 | the State of Illinois for the sale of finished goods and | ||||||
25 | processed food and beverages to the State, its political units, |
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1 | its agencies, and public institutions. Illinois Correctional | ||||||
2 | Industries shall establish, operate, and maintain | ||||||
3 | manufacturing and food and beverage production in the | ||||||
4 | Department of Corrections facilities and provide food for the | ||||||
5 | Department of Corrections institutions and for the mental | ||||||
6 | health and developmental disabilities institutions of the | ||||||
7 | Department of Human Services and the institutions of the | ||||||
8 | Department of Veterans' Affairs for consumption in those | ||||||
9 | agencies' institutions. | ||||||
10 | Illinois Correctional Industries shall be administered by | ||||||
11 | a chief executive officer. The chief executive officer shall | ||||||
12 | report to the Director of the Department. The Director may not | ||||||
13 | delegate direction of Illinois Correctional Industries | ||||||
14 | management and fiscal processes formally or indirectly to any | ||||||
15 | other division, component, or contractor of the Department. The | ||||||
16 | chief executive officer shall be responsible for all persons | ||||||
17 | assigned to the institution or facility that are employed in | ||||||
18 | Industries programs. The chief executive officer shall | ||||||
19 | administer the commercial and business programs for inmate | ||||||
20 | workers in the custody of the Department of Corrections. | ||||||
21 | The chief executive officer shall have such assistants as | ||||||
22 | are required for sales staff, manufacturing, budget, fiscal, | ||||||
23 | accounting, computer, human services, and personnel as | ||||||
24 | necessary to run its commercial and business programs. | ||||||
25 | The Department shall establish or cause to be established | ||||||
26 | industrial
production at its institutions and facilities to |
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1 | secure the most
practical and efficient use of labor. The | ||||||
2 | office for coordinating such industrial
production Illinois | ||||||
3 | Correctional Industries shall be located in Springfield. The | ||||||
4 | chief executive officer of Illinois Correctional Industries
It | ||||||
5 | shall assign its personnel to
direct the production of goods | ||||||
6 | and shall employ committed persons
assigned by the chief | ||||||
7 | administrative officer. The Department of Corrections may also
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8 | direct such vocational programs that the Department deems | ||||||
9 | necessary for the rehabilitation of inmates. Such programs | ||||||
10 | shall not compete, interfere, or be in conflict with the | ||||||
11 | missions and programs of Illinois Correctional Industries as | ||||||
12 | the institution or facility may
require as a part of the | ||||||
13 | employment program .
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14 | (Source: P.A. 80-728.)
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15 | (730 ILCS 5/3-12-7) (from Ch. 38, par. 1003-12-7)
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16 | Sec. 3-12-7. Purchasers; Allocation. | ||||||
17 | (a) The State, its political
units, its agencies and public | ||||||
18 | institutions shall purchase from Illinois Correctional | ||||||
19 | Industries the
Department all manufactured goods, articles, | ||||||
20 | materials, industry related services, food
stuffs, and | ||||||
21 | supplies required by them which are produced or
manufactured by | ||||||
22 | persons confined in institutions and facilities of the
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23 | Department that are employed in Illinois Correctional | ||||||
24 | Industries programs . The Secretary of State may purchase from | ||||||
25 | the Department
vehicle registration plates produced by persons |
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1 | confined in institutions
and facilities of the Department. The | ||||||
2 | Secretary shall determine reasonable
specifications and prices | ||||||
3 | of such vehicle registration plates as agreed
upon with the | ||||||
4 | Department. Not-for-profit corporations chartered in Illinois
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5 | or other States may purchase such goods and services. Units of | ||||||
6 | the Federal
government and units of government in other States | ||||||
7 | may also purchase such
goods and services. All entities which | ||||||
8 | contract with the State, its
political units, its agencies, its | ||||||
9 | public institutions or not-for-profit
corporations chartered | ||||||
10 | in Illinois , may purchase goods or services from the
Department | ||||||
11 | which are used in the performance of such contracts. Nothing
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12 | shall prohibit the Department from bidding on portions of a | ||||||
13 | State contract
which are subcontracted by the primary | ||||||
14 | contractor. The public may purchase
crushed limestone and lime | ||||||
15 | dust for agricultural and horticultural purposes
and hardwood. | ||||||
16 | Illinois Correctional Industries The Department may also sell | ||||||
17 | grain from its agricultural
operations on the open market. All | ||||||
18 | other articles, materials, industry
related services, food | ||||||
19 | stuffs and supplies which are produced or
manufactured by | ||||||
20 | persons confined in institutions and facilities of the
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21 | Department shall be available for sale on the open market.
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22 | (b) Allocation of goods shall be made in the following | ||||||
23 | manner:
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24 | (1) first, for needs of the Department of Corrections and | ||||||
25 | the Department of Human Services ;
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26 | (2) second, for the State, its agencies and public |
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1 | institutions;
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2 | (3) third, for those political subdivisions of the State | ||||||
3 | and their
agencies in which the producing institution or | ||||||
4 | facility of the
Department is located;
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5 | (4) fourth, for other political subdivisions of the State | ||||||
6 | and their
agencies and public institutions;
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7 | (5) fifth, for sale on the open market;
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8 | (6) sixth, for not for profit corporations chartered in | ||||||
9 | Illinois;
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10 | (7) seventh, for units of government in other states;
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11 | (8) eighth, for units of the Federal government;
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12 | (9) ninth, for not-for-profit organizations chartered in | ||||||
13 | other
states;
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14 | (10) tenth, all other permitted purchasers.
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15 | (c) Exemption from required purchases shall be on | ||||||
16 | certification of
Illinois Correctional Industries the | ||||||
17 | Department that the items to be purchased requested are
not | ||||||
18 | manufactured by Illinois Correctional Industries then | ||||||
19 | available .
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20 | (Source: P.A. 86-450.)
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21 | (730 ILCS 5/3-12-12 rep.)
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22 | Section 15. The Unified Code of Corrections is amended by | ||||||
23 | repealing Section 3-12-12. |