Full Text of SB3047 94th General Assembly
SB3047 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB3047
Introduced 1/20/2006, by Sen. John O. Jones SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-12-5 |
from Ch. 38, par. 1003-12-5 |
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Amends the Unified Code of Corrections. Re-enacts the provisions of Section 3-12-5 of the Code, relating to recovery of the costs of incarceration from money received by an inmate from participation in 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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SB3047 |
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LRB094 18777 EFG 54171 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 3-12-5 of the | 8 |
| Unified Code of Corrections, relating to recovery of the | 9 |
| costs of incarceration from money received by an inmate | 10 |
| from participation in a work program. Public Act 88-669 | 11 |
| also contained other provisions. | 12 |
| (2) The Illinois Supreme Court declared Public Act | 13 |
| 88-669 to be unconstitutional as a violation of the single | 14 |
| subject clause of the Illinois Constitution in People v. | 15 |
| Olender , Docket No. 98932, opinion filed December 15, 2005. | 16 |
| (b) The purpose of this Act is to re-enact the provisions | 17 |
| of Section 3-12-5 of the Unified Code of Corrections and to | 18 |
| minimize or prevent any problems concerning those provisions | 19 |
| that may arise from the unconstitutionality of Public Act | 20 |
| 88-669. This re-enactment is intended to remove any question as | 21 |
| to the validity and content of those provisions; it is not | 22 |
| intended to supersede any other Public Act that amends the | 23 |
| provisions re-enacted in this Act. The re-enacted material is | 24 |
| shown in this Act as existing text (i.e., without underscoring) | 25 |
| and includes changes made by subsequent amendments. | 26 |
| (c) The re-enactment of Section 3-12-5 of the Unified Code | 27 |
| of Corrections by this Act is not intended, and shall not be | 28 |
| construed, to impair any legal argument concerning whether | 29 |
| those provisions were substantially re-enacted by any other | 30 |
| Public Act. | 31 |
| (d) All otherwise lawful actions taken before the effective | 32 |
| date of this Act in reliance on or pursuant to the provisions | 33 |
| re-enacted by this Act, as those provisions were set forth in |
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SB3047 |
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LRB094 18777 EFG 54171 b |
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| Public Act 88-669 or as subsequently amended, by any officer, | 2 |
| employee, or agency of State government or by any other person | 3 |
| or entity, are hereby validated, except to the extent | 4 |
| prohibited under the Illinois or United States Constitution. | 5 |
| (e) This Act applies, without limitation, to actions | 6 |
| pending on or after the effective date of this Act, except to | 7 |
| the extent prohibited under the Illinois or United States | 8 |
| Constitution. | 9 |
| Section 5. The Unified Code of Corrections is amended by | 10 |
| re-enacting Section 3-12-5 as follows:
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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 | 13 |
| assignment under
subsection (a) of Section 3-12-2 may receive | 14 |
| wages under rules and regulations
of the Department. In | 15 |
| determining rates of compensation, the Department shall
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| consider the effort, skill and economic value of the work | 17 |
| performed.
Compensation may be given to persons who participate | 18 |
| in other programs of the
Department. Of the compensation earned | 19 |
| pursuant to this Section, a portion, as
determined by the | 20 |
| Department, shall be used to offset the cost of the committed
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| person's 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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| Section 99. Effective date. This Act takes effect upon | 33 |
| becoming law.
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