Full Text of SB3049 94th General Assembly
SB3049 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB3049
Introduced 1/20/2006, by Sen. John O. Jones SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-12-2 |
from Ch. 38, par. 1003-12-2 |
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Amends the Unified Code of Corrections. Re-enacts the provisions of Section 3-12-2 of the Code, relating to recovery of the costs of incarceration from money received by an inmate from works created as an avocation and not in the course of a work program. This Section was affected by Public Act 88-669, which has been held to be unconstitutional as a violation of the single subject clause of the Illinois Constitution. Includes validation provisions. Effective immediately.
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A BILL FOR
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SB3049 |
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LRB094 18776 EFG 54170 b |
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| AN ACT in relation to criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Findings; purpose; validation. | 5 |
| (a) The General Assembly finds and declares that: | 6 |
| (1) Public Act 88-669, effective November 29, 1994, | 7 |
| contained provisions amending Section 3-12-2 of the | 8 |
| Unified Code of Corrections, relating to recovery of the | 9 |
| costs of incarceration from money received by an inmate | 10 |
| from works created as an avocation and not in the course of | 11 |
| a work program. Public Act 88-669 also contained other | 12 |
| provisions. | 13 |
| (2) The Illinois Supreme Court declared Public Act | 14 |
| 88-669 to be unconstitutional as a violation of the single | 15 |
| subject clause of the Illinois Constitution in People v. | 16 |
| Olender , Docket No. 98932, opinion filed December 15, 2005. | 17 |
| (b) The purpose of this Act is to re-enact the provisions | 18 |
| of Section 3-12-2 of the Unified Code of Corrections and to | 19 |
| minimize or prevent any problems concerning those provisions | 20 |
| that may arise from the unconstitutionality of Public Act | 21 |
| 88-669. This re-enactment is intended to remove any question as | 22 |
| to the validity and content of those provisions; it is not | 23 |
| intended to supersede any other Public Act that amends the | 24 |
| provisions re-enacted in this Act. The re-enacted material is | 25 |
| shown in this Act as existing text (i.e., without underscoring) | 26 |
| and may include changes made by subsequent amendments. | 27 |
| (c) The re-enactment of Section 3-12-2 of the Unified Code | 28 |
| of Corrections by this Act is not intended, and shall not be | 29 |
| construed, to impair any legal argument concerning whether | 30 |
| those provisions were substantially re-enacted by any other | 31 |
| Public Act. | 32 |
| (d) All otherwise lawful actions taken before the effective | 33 |
| date of this Act in reliance on or pursuant to the provisions |
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SB3049 |
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LRB094 18776 EFG 54170 b |
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| re-enacted by this Act, as those provisions were set forth in | 2 |
| Public Act 88-669 or as subsequently amended, by any officer, | 3 |
| employee, or agency of State government or by any other person | 4 |
| or entity, are hereby validated, except to the extent | 5 |
| prohibited under the Illinois or United States Constitution. | 6 |
| (e) This Act applies, without limitation, to actions | 7 |
| pending on or after the effective date of this Act, except to | 8 |
| the extent prohibited under the Illinois or United States | 9 |
| Constitution. | 10 |
| Section 5. The Unified Code of Corrections is amended by | 11 |
| re-enacting Section 3-12-2 as follows:
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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 may establish, maintain, train and | 15 |
| employ committed
persons in industries for the production of | 16 |
| articles, materials or supplies for
resale to authorized | 17 |
| purchasers. It may also employ committed persons on public
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| works, buildings and property, the conservation of natural | 19 |
| resources of the
State, anti-pollution or environmental | 20 |
| control projects, or for other public
purposes, for the | 21 |
| maintenance of the Department's buildings and properties and
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| for the production of food or other necessities for its | 23 |
| programs. The
Department may establish, maintain and employ | 24 |
| committed persons in the
production of vehicle registration | 25 |
| plates. A committed person's labor shall
not be sold, | 26 |
| contracted or hired out by the Department except under this
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| Article and under Section 3-9-2.
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| (b) Works of art, literature, handicraft or other items | 29 |
| produced by
committed persons as an avocation and not as a | 30 |
| product of a work program of the
Department may be sold to the | 31 |
| public under rules and regulations established by
the | 32 |
| Department. The cost of selling such products may be deducted | 33 |
| from the
proceeds, and the balance shall be credited to the | 34 |
| person's account under
Section 3-4-3. The Department shall |
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LRB094 18776 EFG 54170 b |
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| notify the Attorney General of the
existence of any proceeds | 2 |
| which it believes should be applied towards a
satisfaction, in | 3 |
| 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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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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