State Government Administration Committee
Filed: 3/3/2010
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| 1 | AMENDMENT TO HOUSE BILL 6138
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| 2 | AMENDMENT NO. ______. Amend House Bill 6138 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
| 5 | changing Sections 3-4-3 and 3-12-5 as follows: | ||||||
| 6 | (730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3) | ||||||
| 7 | Sec. 3-4-3. Funds and Property of Persons Committed.
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| 8 | (a) The Department of Corrections and the Department of | ||||||
| 9 | Juvenile Justice shall establish accounting records with | ||||||
| 10 | accounts
for each person who has or receives money while in an | ||||||
| 11 | institution or
facility of that Department and it shall allow | ||||||
| 12 | the withdrawal and
disbursement of money by the person under | ||||||
| 13 | rules and regulations of that
Department. Any interest or other | ||||||
| 14 | income from moneys deposited with the
Department by
a resident | ||||||
| 15 | of the Department of Juvenile Justice in excess of $200
shall | ||||||
| 16 | accrue to the individual's account, or in balances up to $200 | ||||||
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| 1 | shall
accrue to the Residents'
Benefit Fund. For an individual | ||||||
| 2 | in an institution or facility
of the Adult Division the | ||||||
| 3 | interest shall accrue to the Residents' Benefit
Fund. The | ||||||
| 4 | Department shall disburse all
moneys so held no later than the
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| 5 | person's final discharge from the Department. Moneys in the | ||||||
| 6 | account of a
committed person who files a lawsuit determined | ||||||
| 7 | frivolous under Article XXII of
the Code
of Civil Procedure | ||||||
| 8 | shall be deducted to pay for the filing fees and cost of the
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| 9 | suit as
provided in that Article. The Department shall under
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| 10 | rules and regulations record and receipt all personal property | ||||||
| 11 | not
allowed to committed persons. The Department shall return | ||||||
| 12 | such property
to the individual no later than the person's | ||||||
| 13 | release on parole.
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| 14 | (b) Any money held in accounts of committed persons | ||||||
| 15 | separated from
the Department by death, discharge, or | ||||||
| 16 | unauthorized absence and
unclaimed for a period of 1 year | ||||||
| 17 | thereafter by the person or his legal
representative shall be | ||||||
| 18 | transmitted to the State Treasurer who shall deposit
it into | ||||||
| 19 | the General Revenue Fund. Articles of personal
property of
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| 20 | persons so separated may be sold or used by the Department if | ||||||
| 21 | unclaimed
for a period of 1 year for the same purpose. | ||||||
| 22 | Clothing, if unclaimed
within 30 days, may be used or disposed | ||||||
| 23 | of as determined by the
Department.
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| 24 | (c) Forty percent of the profits on sales from commissary | ||||||
| 25 | stores shall
be
expended by the
Department for the special | ||||||
| 26 | benefit of committed persons which shall include
but not be | ||||||
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| 1 | limited to the advancement of inmate payrolls, for the special
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| 2 | benefit of employees, and for the advancement or reimbursement | ||||||
| 3 | of employee
travel,
provided that amounts expended for | ||||||
| 4 | employees shall not exceed the amount
of profits derived from | ||||||
| 5 | sales made to employees by such commissaries, as
determined by | ||||||
| 6 | the Department. The remainder of the profits from sales from
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| 7 | commissary
stores must be used first to pay for wages and | ||||||
| 8 | benefits of employees covered
under a
collective bargaining | ||||||
| 9 | agreement who are employed at commissary facilities of
the
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| 10 | Department and then to pay the costs of dietary staff.
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| 11 | (d) The Department shall confiscate any unauthorized | ||||||
| 12 | currency found in the
possession of a committed person. The | ||||||
| 13 | Department shall transmit the
confiscated currency to the State | ||||||
| 14 | Treasurer who shall deposit it into the
General Revenue Fund.
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| 15 | (Source: P.A. 93-607, eff. 1-1-04; 94-696, eff. 6-1-06.)
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| 16 | (730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)
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| 17 | Sec. 3-12-5. Compensation. Persons performing a work | ||||||
| 18 | assignment under
subsection (a) of Section 3-12-2 may not | ||||||
| 19 | receive wages or other compensation under rules and regulations
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| 20 | of the Department. In determining rates of compensation, the | ||||||
| 21 | Department shall
consider the effort, skill and economic value | ||||||
| 22 | of the work performed.
Compensation may not be given to | ||||||
| 23 | committed persons who participate in other programs of the
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| 24 | Department. Of the compensation earned pursuant to this | ||||||
| 25 | Section, a portion, as
determined by the Department, shall be | ||||||
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| 1 | used to offset the cost of the committed
person's | ||||||
| 2 | incarceration. If the committed person files a lawsuit | ||||||
| 3 | determined
frivolous
under Article XXII of the Code of Civil | ||||||
| 4 | Procedure, 50% of the
compensation shall be used to offset the | ||||||
| 5 | filing fees and costs of the lawsuit
as provided in
that | ||||||
| 6 | Article until all fees and costs are paid in full. All other | ||||||
| 7 | wages shall
be deposited in the individual's
account under | ||||||
| 8 | rules and regulations of the Department. The Department shall
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| 9 | notify the Attorney General of any compensation applied towards | ||||||
| 10 | a satisfaction,
in whole or in part, of the person's | ||||||
| 11 | incarceration costs.
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| 12 | (Source: P.A. 94-1017, eff. 7-7-06.)
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| 13 | Section 99. Effective date. This Act takes effect upon | ||||||
| 14 | becoming law.".
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