Illinois General Assembly - Full Text of SB0649
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Full Text of SB0649  102nd General Assembly

SB0649 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0649

 

Introduced 2/24/2021, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-9-2  from Ch. 38, par. 1003-9-2
730 ILCS 5/3-12-5  from Ch. 38, par. 1003-12-5
730 ILCS 5/3-13-5  from Ch. 38, par. 1003-13-5

    Amends the Unified Code of Corrections. Provides that the wages paid to a person for work as a person committed to the Department of Corrections or the Department of Juvenile Justice, either in the correctional industries program, on work release, or in a work training program, shall not be less than the State minimum wage. Provides that the respective Department shall charge businesses reasonable hourly rates for meals and the housing of committed persons on work release, if applicable. Effective January 1, 2022.


LRB102 17166 KMF 22610 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0649LRB102 17166 KMF 22610 b

1    AN ACT concerning criminal law.
 
2    WHEREAS, To end the last vestiges of slavery and embrace
3the spirit and the promise of the Thirteenth Amendment of the
4United States Constitution, the General Assembly extends the
5Illinois State minimum wage to detained workers in the
6Illinois Department of Corrections and the State pay shall
7match the average unemployment state pay rate for Illinois
8residents at the Department of Corrections and the Department
9of Juvenile Justice; therefore
 
10    Be it enacted by the People of the State of Illinois,
11represented in the General Assembly:
 
12    Section 1. This Act may be referred to as the End Prison
13Slavery Act.
 
14    Section 5. The Unified Code of Corrections is amended by
15changing Sections 3-9-2, 3-12-5, and 3-13-5 as follows:
 
16    (730 ILCS 5/3-9-2)  (from Ch. 38, par. 1003-9-2)
17    Sec. 3-9-2. Work Training Programs.
18    (a) The Department of Juvenile Justice, in conjunction
19with the private sector, may establish and offer work training
20to develop work habits and equip persons committed to it with
21marketable skills to aid in their community placement upon

 

 

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1release. Committed persons participating in this program shall
2be paid wages similar to those of comparable jobs in the
3surrounding community, which wages shall not be less than the
4State minimum wage prescribed in Section 4 of the Minimum Wage
5Law. "Work" includes any task assigned to a committed person
6for which a wage would have been due, except for his or her
7status as a committed person. A portion of the wages earned
8shall go to the Department of Juvenile Justice to pay part of
9the committed person's room and board, a portion shall be
10deposited into the Violent Crime Victim's Assistance Fund to
11assist victims of crime, and the remainder shall be placed
12into a savings account for the committed person which shall be
13given to the committed person upon release. The Department
14shall promulgate rules to regulate the distribution of the
15wages earned.
16    (b) The Department of Juvenile Justice may establish
17programs of incentive by achievement, participation in which
18shall be on a voluntary basis, to sell goods or services to the
19public with the net earnings distributed to the program
20participants subject to rules of the Department of Juvenile
21Justice.
22(Source: P.A. 94-696, eff. 6-1-06.)
 
23    (730 ILCS 5/3-12-5)  (from Ch. 38, par. 1003-12-5)
24    Sec. 3-12-5. Compensation. Persons performing a work
25assignment under subsection (a) of Section 3-12-2 shall may

 

 

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1receive wages under rules and regulations of the Department.
2In determining rates of compensation, the Department shall
3consider the effort, skill and economic value of the work
4performed. The compensation paid to a committed person shall
5not be less than the State minimum wage prescribed in Section 4
6of the Minimum Wage Law. "Work" includes any task assigned to a
7committed person for which a wage would have been due, except
8for his or her status as a committed person. Compensation
9shall may be given to persons who participate in other
10programs of the Department. If the committed person files a
11lawsuit determined frivolous under Article XXII of the Code of
12Civil Procedure, 50% of the compensation shall be used to
13offset the filing fees and costs of the lawsuit as provided in
14that Article until all fees and costs are paid in full. All
15other wages shall be deposited in the individual's account
16under rules and regulations of the Department.
17(Source: P.A. 101-235, eff. 1-1-20.)
 
18    (730 ILCS 5/3-13-5)  (from Ch. 38, par. 1003-13-5)
19    Sec. 3-13-5. Wages and Working Conditions.
20    A person on work release shall not be required to work for
21less than the prevailing wage or under worse than prevailing
22working conditions in the area, which shall not be less than
23the State minimum wage prescribed in Section 4 of the Minimum
24Wage Law. "Work" includes any task assigned to a committed
25person for which a wage would have been due, except for his or

 

 

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1her status as a committed person. The Department shall charge
2businesses reasonable hourly rates for meals and the housing
3of committed persons on work release, if applicable.
4(Source: P.A. 77-2097.)
 
5    Section 99. Effective date. This Act takes effect January
61, 2022.