State Government Administration Committee
Filed: 3/3/2010
 
 

 




 

 		












09600HB6138ham001

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AMENDMENT TO HOUSE BILL 6138




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    AMENDMENT NO. ______. Amend House Bill 6138 by replacing 
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everything after the enacting clause with the following:



 
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    "Section 5. The Unified Code of Corrections is amended  by 
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changing Sections 3-4-3 and  3-12-5 as follows:
 
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    (730 ILCS 5/3-4-3)  (from Ch. 38, par. 1003-4-3)
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    Sec. 3-4-3. Funds and Property of Persons Committed.


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    (a) The Department of Corrections and the Department of 
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Juvenile Justice shall establish accounting records with 
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accounts
for each person who has or receives money while in an 
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institution or
facility of that Department and it shall allow 
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the withdrawal and
disbursement of money by the person under 
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rules and regulations of that

Department. Any interest or other 
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income from moneys deposited with the
Department by
a resident 
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of the Department of Juvenile Justice in excess of $200
shall 
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accrue to the individual's account, or in balances up to $200 
 


 






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shall
accrue to the Residents'
Benefit Fund.  For an individual 
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in an institution or facility
of the Adult Division the 
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interest shall accrue to the Residents' Benefit
Fund.  The 
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Department shall disburse all
moneys so held no later than the

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person's final discharge from the Department. Moneys in the 
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account of a
committed person who files a lawsuit determined 
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frivolous under Article XXII of
the Code
of Civil Procedure 
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shall be deducted to pay for the filing fees and cost of the

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suit as
provided in that Article. The Department shall under

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rules and regulations record and receipt all personal property 
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not
allowed to committed persons. The Department shall return 
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such property
to the individual no later than the person's 
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release on parole.


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    (b) Any money held in accounts of committed persons 
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separated from
the Department by death, discharge, or 
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unauthorized absence and
unclaimed for a period of 1 year 
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thereafter by the person or his legal
representative shall be 
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transmitted to the State Treasurer who shall deposit
it into 
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the General Revenue Fund. Articles of personal
property of

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persons so separated may be sold or used by the Department if 
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unclaimed
for a period of 1 year for the same purpose. 
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Clothing, if unclaimed
within 30 days, may be used or disposed 
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of as determined by the
Department.


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    (c) Forty percent of the profits on sales from commissary 
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stores shall
be
expended by the
Department for the special 
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benefit of committed persons which shall include
but not be 
 


 






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limited to the advancement of inmate payrolls, for the special

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benefit of employees, and for the advancement or reimbursement 
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of employee
travel,
provided that amounts expended for 
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employees shall not exceed the amount
of profits derived from 
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sales made to employees by such commissaries, as
determined by 
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the Department. The remainder of the profits from sales from

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commissary
stores must be used first to pay for wages and 
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benefits of employees covered
under a
collective bargaining 
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agreement who are employed at commissary facilities of
the

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Department and then to pay the costs of dietary staff.


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    (d) The Department shall confiscate any unauthorized 
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currency found in the
possession of a committed person.  The 
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Department shall transmit the
confiscated currency to the State 
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Treasurer who shall deposit it into the
General Revenue Fund.


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(Source: P.A. 93-607, eff. 1-1-04; 94-696, eff. 6-1-06.)

 



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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 not 
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receive wages or other compensation  under rules and regulations

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of the Department.  In determining rates of compensation, the 
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Department shall
consider the effort, skill and economic value 
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of the work performed.
Compensation may not be given to 
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committed persons who participate in other programs of the

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Department.  Of the compensation earned pursuant to this 
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Section, a portion, as
determined by the Department, shall be 
 


 






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used to offset the cost of the committed
person's 
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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. 94-1017, eff. 7-7-06.)

 

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