Full Text of HB1875 93rd General Assembly
HB1875sam003 93RD GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 5/12/2004
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| AMENDMENT TO HOUSE BILL 1875
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| AMENDMENT NO. ______. Amend House Bill 1875 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Sections 3-12-1, 3-12-2, 3-12-3, 3-12-3a, 3-12-5, | 6 |
| 3-12-8, and 3-12-11 as follows:
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| (730 ILCS 5/3-12-1) (from Ch. 38, par. 1003-12-1)
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| Sec. 3-12-1. Useful Employment. The Department shall, in so | 9 |
| far as
possible, employ at useful work
committed persons | 10 |
| confined in institutions and facilities of the
Department, who | 11 |
| are over the age of compulsory school attendance,
physically | 12 |
| capable of such employment, and not otherwise occupied in
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| programs of the Department. Such employment shall
equip such | 14 |
| persons with
marketable skills, promote habits of work and | 15 |
| responsibility and contribute
to the expense of the employment | 16 |
| program and the committed person's cost
of incarceration. | 17 |
| Recognizing that a program which duplicates as closely as | 18 |
| possible free-world production and service operations in order | 19 |
| to aid inmates in adjustment after release and to prepare | 20 |
| inmates for gainful employment is in the best interests of the | 21 |
| State, inmates, and the general public, the Department shall | 22 |
| contract with a nonprofit private corporation to lease and | 23 |
| manage the correctional employment programs of the Department | 24 |
| of Corrections under the requirements in the Illinois |
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| Procurement Code. It is the intent of the General Assembly that | 2 |
| for Fiscal Year 2005 only, the changes made to the correctional | 3 |
| employment programs by this amendatory Act of the 93rd General | 4 |
| Assembly shall be implemented without increasing the relevant | 5 |
| line items of appropriation to the Department relating to | 6 |
| correctional employment programs that were appropriated to the | 7 |
| Department for that purpose in Fiscal Year 2004, if reasonably | 8 |
| possible.
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| (Source: P.A. 86-450.)
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| (730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)
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| Sec. 3-12-2. Types of employment.
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| (a) The Department and the non-profit private corporation | 13 |
| authorized to lease and manage correctional employment | 14 |
| programs may establish, maintain, train and employ committed
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| persons in industries for the production of articles, materials | 16 |
| or supplies for
resale to authorized purchasers. They
It may | 17 |
| also employ committed persons on public
works, buildings and | 18 |
| property, the conservation of natural resources of the
State, | 19 |
| anti-pollution or environmental control projects, or for other | 20 |
| public
purposes, for the maintenance of the Department's | 21 |
| buildings and properties and
for the production of food or | 22 |
| other necessities for its programs. The
Department and the | 23 |
| non-profit private corporation authorized to lease and manage | 24 |
| correctional employment programs may establish, maintain and | 25 |
| employ committed persons in the
production of vehicle | 26 |
| registration plates. A committed person's labor shall
not be | 27 |
| sold, contracted or hired out by the Department except under | 28 |
| this
Article and under Section 3-9-2.
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| (b) Works of art, literature, handicraft or other items | 30 |
| produced by
committed persons as an avocation and not as a | 31 |
| product of a work program of the
Department may be sold to the | 32 |
| public under rules and regulations established by
the | 33 |
| Department. The cost of selling such products may be deducted |
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| from the
proceeds, and the balance shall be credited to the | 2 |
| person's account under
Section 3-4-3. The Department shall | 3 |
| notify the Attorney General of the
existence of any proceeds | 4 |
| which it believes should be applied towards a
satisfaction, in | 5 |
| whole or in part, of the person's incarceration costs.
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| (Source: P.A. 88-669, eff. 11-29-94; 88-679, eff. 7-1-95.)
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| (730 ILCS 5/3-12-3) (from Ch. 38, par. 1003-12-3)
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| Sec. 3-12-3. Vocational Training.
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| The Department and the non-profit private corporation | 10 |
| authorized to lease and manage correctional employment | 11 |
| programs shall maintain programs of training in various | 12 |
| vocations
and trades in connection with its employment programs | 13 |
| and shall also
provide opportunities for training outside | 14 |
| working hours.
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| (Source: P.A. 77-2097.)
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| (730 ILCS 5/3-12-3a) (from Ch. 38, par. 1003-12-3a)
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| Sec. 3-12-3a. (a) (Blank).
Contracts, leases and business | 18 |
| agreements.
The
Department may enter into a contract, lease
or | 19 |
| any other type of business
agreement, not to exceed 20 years, | 20 |
| with any private corporation,
partnership, person or other
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| business entity
for the purpose of utilizing committed persons | 22 |
| in the
manufacture of goods or wares, in the provision of | 23 |
| services or for any
other business or commercial enterprise | 24 |
| deemed by the Department to be
consistent with proper training | 25 |
| and rehabilitation of committed persons.
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| (b) The Department shall be permitted to construct | 27 |
| buildings on State
property for the purposes identified in | 28 |
| subsection (a) and to lease for a
period not to exceed 20 years | 29 |
| any building or portion thereof on State
property for the | 30 |
| purposes identified in subsection (a).
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| (c) Any contract, lease or other business agreement | 32 |
| referenced in
subsection (a), shall include a provision |
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| requiring that all committed
persons assigned receive in | 2 |
| connection with their assignment such
vocational training | 3 |
| and/or apprenticeship programs as the Department deems | 4 |
| appropriate.
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| (d) Committed persons assigned in accordance with this | 6 |
| Section shall be
compensated in accordance with the provisions | 7 |
| of Section 3-12-5.
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| (Source: P.A. 86-450.)
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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 | 11 |
| assignment under
subsection (a) of Section 3-12-2 may receive | 12 |
| wages under rules and regulations
of the Department. In | 13 |
| determining rates of compensation, the Department and the | 14 |
| non-profit private corporation authorized to lease and manage | 15 |
| correctional employment programs shall
consider the effort, | 16 |
| skill and economic value of the work performed.
Compensation | 17 |
| may be given to persons who participate in other programs of | 18 |
| the
Department. Of the compensation earned pursuant to this | 19 |
| Section, a portion, as
determined by the Department, shall be | 20 |
| used to offset the cost of the committed
person's | 21 |
| incarceration. If the committed person files a lawsuit | 22 |
| determined
frivolous
under Article XXII of the Code of Civil | 23 |
| Procedure, 50% of the
compensation shall be used to offset the | 24 |
| filing fees and costs of the lawsuit
as provided in
that | 25 |
| Article until all fees and costs are paid in full. All other | 26 |
| wages shall
be deposited in the individual's
account under | 27 |
| rules and regulations of the Department. The Department shall
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| notify the Attorney General of any compensation applied towards | 29 |
| a satisfaction,
in whole or in part, of the person's | 30 |
| incarceration costs.
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| (Source: P.A. 90-505, eff. 8-19-97.)
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| (730 ILCS 5/3-12-8) (from Ch. 38, par. 1003-12-8)
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| Sec. 3-12-8. Purchase and Control of Supplies.
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| The Department and the non-profit private corporation | 3 |
| authorized to lease and manage correctional employment | 4 |
| programs may enter into contracts for the purchase of raw
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| materials required for industrial production and shall have | 6 |
| charge of
articles, materials and supplies manufactured for | 7 |
| sale to purchasers.
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| (Source: P.A. 77-2097.)
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| (730 ILCS 5/3-12-11) (from Ch. 38, par. 1003-12-11)
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| Sec. 3-12-11. Report to the General Assembly. By November | 11 |
| 1st of each
year, the Department shall furnish to the General | 12 |
| Assembly a report with
respect to the following factors for the | 13 |
| preceding fiscal year:
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| (a) A balance sheet;
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| (b) A financial statement, including profit or loss | 16 |
| figures;
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| (c) The number and location of industries;
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| (d) The quantity of each good produced;
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| (e) The cost of materials and labor;
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| (f) Sales and actual receipts, by purchaser and in total;
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| (g) The average length of time between the receipt of | 22 |
| orders and delivery;
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| (h) The average length of time between delivery and receipt | 24 |
| of payment;
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| (i) The number of residents employed in each facility and | 26 |
| industry, the
number of vacancies occurring throughout the | 27 |
| year, whether or not they have
been subsequently filled, and | 28 |
| the reasons for such vacancies; and
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| (j) Beginning on November 1, 1981, recidivism and | 30 |
| employment statistics
on former resident employees ; and | 31 |
| (k) Beginning January 1, 2006, data required in clauses (a) | 32 |
| through (j) of this Section shall include comparisons of the | 33 |
| not-for-profit's and the Department's activities .
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| (Source: P.A. 81-1507.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.".
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