Full Text of HB4798 96th General Assembly
HB4798eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning corrections.
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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 5. If and only if the provisions of
House Bill 1994 | 5 |
| of the 96th General Assembly that
are changed by this | 6 |
| amendatory Act of the 96th
General Assembly become law, the | 7 |
| Illinois Procurement Code is amended by changing Section 45-30 | 8 |
| as follows:
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| (30 ILCS 500/45-30)
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| Sec. 45-30. Illinois Correctional industries. | 11 |
| Notwithstanding anything to the
contrary in other law, the | 12 |
| chief procurement officer of the Department of Central | 13 |
| Management Services shall, in consultation
with Illinois | 14 |
| Correctional Industries, a division of the Illinois Department | 15 |
| of Corrections (referred to as the "Illinois Correctional | 16 |
| Industries" or "ICI") determine for all State agencies which | 17 |
| articles, materials,
industry related services, food stuffs, | 18 |
| and finished goods that are produced or
manufactured by persons | 19 |
| confined in institutions and facilities of the Department of | 20 |
| Corrections who are participating inmate workers employed in | 21 |
| Illinois Correctional Industries programs shall be purchased | 22 |
| from Illinois Correctional Industries.
The chief procurement | 23 |
| officer of Central Management Services shall develop and |
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| distribute to the various
purchasing and using agencies a | 2 |
| listing of all Illinois Correctional Industries products and | 3 |
| procedures for implementing this Section.
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5; 96HB1994 | 5 |
| enrolled.)
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| Section 10. If and only if the provisions of
House Bill | 7 |
| 1994 of the 96th General Assembly that
are changed by this | 8 |
| amendatory Act of the 96th
General Assembly become law, the | 9 |
| Unified Code of Corrections is amended by changing Sections | 10 |
| 3-12-2, 3-12-3a, 3-12-6, and 3-12-7 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 shall provide inmate workers for | 14 |
| Illinois Correctional Industries to work in programs | 15 |
| established to train and employ committed
persons in the | 16 |
| production of food stuffs products and finished goods and any | 17 |
| articles, materials or supplies for
resale to State agencies | 18 |
| and authorized purchasers. It may also employ committed persons | 19 |
| on public
works, buildings and property, the conservation of | 20 |
| natural resources of the
State, anti-pollution or | 21 |
| environmental control projects, or for other public
purposes, | 22 |
| for the maintenance of the Department's buildings and | 23 |
| properties and
for the production of food or other necessities | 24 |
| for its programs. The
Department may establish, maintain and |
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| employ committed persons in the
production of vehicle | 2 |
| registration plates. A committed person's labor shall
not be | 3 |
| sold, contracted or hired out by the Department except under | 4 |
| this
Article and under Section 3-9-2 .
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| (b) Works of art, literature, handicraft or other items | 6 |
| produced by
committed persons as an avocation and not as a | 7 |
| product of a work program of the
Department may be sold to the | 8 |
| public under rules and regulations established by
the | 9 |
| Department. The cost of selling such products may be deducted | 10 |
| from the
proceeds, and the balance shall be credited to the | 11 |
| person's account under
Section 3-4-3. The Department shall | 12 |
| notify the Attorney General of the
existence of any proceeds | 13 |
| which it believes should be applied towards a
satisfaction, in | 14 |
| whole or in part, of the person's incarceration costs.
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| (Source: P.A. 94-1017, eff. 7-7-06; 96HB1994 enrolled.)
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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) Contracts , leases, and business | 18 |
| agreements. The
Department shall promulgate such rules and | 19 |
| policies as it deems necessary to establish, manage, and | 20 |
| operate its Illinois Correctional Industries division enter | 21 |
| into a contract
or other type of business
agreement with | 22 |
| Illinois Correctional Industries
for the purpose of utilizing | 23 |
| committed persons in the
manufacture of food stuffs products , | 24 |
| finished goods or wares . To the extent not inconsistent with | 25 |
| the function and role of the ICI, the Department may enter into |
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| a contract, lease, or other type of business agreement, not to | 2 |
| exceed 20 years, with any private corporation, partnership, | 3 |
| person, or other business entity for the purpose of utilizing | 4 |
| committed persons in the provision of services or for any other | 5 |
| business or commercial enterprise deemed by the Department to | 6 |
| be consistent with proper training and rehabilitation of | 7 |
| committed persons of Illinois Correctional Industries .
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| Illinois Correctional Industries' spending authority shall | 9 |
| be separate and apart from the Department's budget and | 10 |
| appropriations. Control of Illinois Correctional Industries | 11 |
| accounting processes and budget requests to the General | 12 |
| Assembly, other budgetary processes, audits by the Office of | 13 |
| the Auditor General, and computer processes shall be returned | 14 |
| to Illinois Correctional Industries. | 15 |
| (b) The Department shall be permitted to construct | 16 |
| buildings on State
property for the purposes identified in | 17 |
| subsection (a) and to lease for a
period not to exceed 20 years | 18 |
| any building or portion thereof on State
property for the | 19 |
| purposes identified in subsection (a).
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| (c) Any contract or other business agreement referenced in
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| subsection (a) shall include a provision requiring that all | 22 |
| committed
persons assigned receive in connection with their | 23 |
| assignment such
vocational training and/or apprenticeship | 24 |
| programs as the Department deems appropriate.
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| (d) Committed persons assigned in accordance with this | 26 |
| Section shall be
compensated in accordance with the provisions |
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| of Section 3-12-5.
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| (Source: P.A. 86-450; 96HB1994 enrolled.)
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| (730 ILCS 5/3-12-6) (from Ch. 38, par. 1003-12-6)
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| Sec. 3-12-6. Programs. Through its Illinois Correctional | 5 |
| Industries division, the Department shall establish | 6 |
| commercial, business, and manufacturing programs on behalf of | 7 |
| the State of Illinois for the sale of finished goods and | 8 |
| processed food and beverages to the State, its political units, | 9 |
| its agencies, and other public institutions. Illinois | 10 |
| Correctional Industries shall establish, operate, and maintain | 11 |
| manufacturing and food and beverage production in the | 12 |
| Department of Corrections facilities and provide food for the | 13 |
| Department of Corrections institutions and for the mental | 14 |
| health and developmental disabilities institutions of the | 15 |
| Department of Human Services and the institutions of the | 16 |
| Department of Veterans' Affairs for consumption in those | 17 |
| agencies' institutions . | 18 |
| Illinois Correctional Industries shall be administered by | 19 |
| a chief executive officer. The chief executive officer shall | 20 |
| report to the Director of the Department. The Director may not | 21 |
| delegate direction of Illinois Correctional Industries | 22 |
| management and fiscal processes formally or indirectly to any | 23 |
| other division, component, or contractor of the Department. The | 24 |
| chief executive officer shall be responsible for all persons | 25 |
| assigned to the institution or facility that are employed in |
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| Industries programs. The chief executive officer shall | 2 |
| administer the commercial and business programs of ICI for | 3 |
| inmate workers in the custody of the Department of Corrections. | 4 |
| The chief executive officer shall have such assistants as | 5 |
| are required for sales staff, manufacturing, budget, fiscal, | 6 |
| accounting, computer, human services, and personnel as | 7 |
| necessary to run its commercial and business programs. | 8 |
| Illinois Correctional Industries shall have a financial | 9 |
| officer who shall report to the chief executive officer. The | 10 |
| financial officer shall: (i) assist in the development and | 11 |
| presentation of the Department budget submission; (ii) manage | 12 |
| and control the spending authority of ICI; and (iii) provide | 13 |
| oversight of the financial activities of ICI, both internally | 14 |
| and through coordination with the Department fiscal operations | 15 |
| personnel, including accounting processes, budget submissions, | 16 |
| other budgetary processes, audits by the Office of the Auditor | 17 |
| General, and computer processes. | 18 |
| Illinois Correctional Industries shall be located in | 19 |
| Springfield. The chief executive officer of Illinois | 20 |
| Correctional Industries
shall assign personnel to
direct the | 21 |
| production of goods and shall employ committed persons
assigned | 22 |
| by the chief administrative officer. The Department of | 23 |
| Corrections may
direct such other vocational programs as it | 24 |
| that the Department deems necessary for the rehabilitation of | 25 |
| inmates , which shall be separate and apart from, and not . Such | 26 |
| programs shall not compete, interfere, or be in conflict with , |
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| the missions and programs of Illinois Correctional Industries.
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| (Source: P.A. 80-728; 96HB1994 enrolled.)
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| (730 ILCS 5/3-12-7) (from Ch. 38, par. 1003-12-7)
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| Sec. 3-12-7. Purchasers; Allocation. | 5 |
| (a) The State, its political
units, its agencies and other | 6 |
| public institutions shall purchase from Illinois Correctional | 7 |
| Industries all manufactured goods, articles, materials, | 8 |
| industry related services, food
stuffs, and supplies required | 9 |
| by them which are produced or
manufactured by persons confined | 10 |
| in institutions and facilities of the
Department that are | 11 |
| employed in Illinois Correctional Industries programs . The | 12 |
| Secretary of State may purchase from the Department
vehicle | 13 |
| registration plates produced by persons confined in | 14 |
| institutions
and facilities of the Department. The Secretary | 15 |
| shall determine reasonable
specifications and prices of such | 16 |
| vehicle registration plates as agreed
upon with the Department. | 17 |
| Not-for-profit corporations chartered in Illinois
or other | 18 |
| States may purchase such goods and services. Units of the | 19 |
| Federal
government and units of government in other States may | 20 |
| also purchase such
goods and services. All entities which | 21 |
| contract with the State, its
political units, its agencies, its | 22 |
| public institutions or not-for-profit
corporations chartered | 23 |
| in Illinois may purchase goods or services from the
Department | 24 |
| which are used in the performance of such contracts. Nothing
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| shall prohibit the Department from bidding on portions of a |
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| State contract
which are subcontracted by the primary | 2 |
| contractor. The public may purchase
crushed limestone and lime | 3 |
| dust for agricultural and horticultural purposes
and hardwood. | 4 |
| Illinois Correctional Industries may also sell grain from its | 5 |
| agricultural
operations on the open market. All other articles, | 6 |
| materials, industry
related services, food stuffs and supplies | 7 |
| which are produced or
manufactured by persons confined in | 8 |
| institutions and facilities of the
Department shall be | 9 |
| available for sale on the open market.
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| (b) Allocation of goods shall be made in the following | 11 |
| manner:
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| (1) first, for needs of the Department of Corrections and | 13 |
| the Department of Human Services;
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| (2) second, for the State, its agencies and public | 15 |
| institutions;
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| (3) third, for those political subdivisions of the State | 17 |
| and their
agencies in which the producing institution or | 18 |
| facility of the
Department is located;
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| (4) fourth, for other political subdivisions of the State | 20 |
| and their
agencies and public institutions;
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| (5) fifth, for sale on the open market;
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| (6) sixth, for not for profit corporations chartered in | 23 |
| Illinois;
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| (7) seventh, for units of government in other states;
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| (8) eighth, for units of the Federal government;
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| (9) ninth, for not-for-profit organizations chartered in |
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| other
states;
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| (10) tenth, all other permitted purchasers.
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| (c) Exemption from required purchases shall be on | 4 |
| certification of
Illinois Correctional Industries that the | 5 |
| items to be purchased are
not manufactured by Illinois | 6 |
| Correctional Industries.
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| (Source: P.A. 86-450; 96HB1994 enrolled.)
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| Section 99. Effective date. This Act takes effect July 1, | 9 |
| 2010.
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