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91_HB1672
LRB9104878RCks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 3-4-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Section 3-4-3 as follows:
7 (730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3)
8 Sec. 3-4-3. Funds and Property of Persons Committed.
9 (a) The Department shall establish accounting records
10 with accounts for each person who has or receives money while
11 in an institution or facility of the Department and it shall
12 allow the withdrawal and disbursement of money by the person
13 under rules and regulations of the Department. Any interest
14 or other income from moneys deposited with the Department by
15 a resident of the Juvenile Division in excess of $200 shall
16 accrue to the individual's account, or in balances up to $200
17 shall accrue to the Residents' Benefit Fund. For an
18 individual in an institution or facility of the Adult
19 Division the interest shall accrue to the Residents' Benefit
20 Fund. The Department shall disburse all moneys so held no
21 later than the person's final discharge from the Department.
22 Moneys in the account of a committed person who files a
23 lawsuit determined frivolous under Article XXII of the Code
24 of Civil Procedure shall be deducted to pay for the filing
25 fees and cost of the suit as provided in that Article. The
26 Department shall under rules and regulations record and
27 receipt all personal property not allowed to committed
28 persons. The Department shall return such property to the
29 individual no later than the person's release on parole.
30 (b) Any money held in accounts of committed persons
31 separated from the Department by death, discharge, or
-2- LRB9104878RCks
1 unauthorized absence and unclaimed for a period of 1 year
2 thereafter by the person or his legal representative shall be
3 transmitted to the State Treasurer who shall deposit it into
4 the General Revenue Fund. Articles of personal property of
5 persons so separated may be sold or used by the Department if
6 unclaimed for a period of 1 year for the same purpose.
7 Clothing, if unclaimed within 30 days, may be used or
8 disposed of as determined by the Department.
9 (c) Profits on sales from commissary stores shall be
10 expended by the Department for the special benefit of
11 committed persons which shall include but not be limited to
12 the advancement of inmate payrolls, for the special benefit
13 of employees, and for the advancement or reimbursement of
14 employee travel, provided that amounts expended for employees
15 shall not exceed the amount of profits derived from sales
16 made to employees by such commissaries, as determined by the
17 Department.
18 (d) The Department shall confiscate any unauthorized
19 currency found in the possession of a committed person. The
20 Department shall transmit the confiscated currency to the
21 State Treasurer who shall deposit it into the General Revenue
22 Fund.
23 (e) The Department of Corrections must restrict the
24 personal property of each committed person to a Department
25 approved storage box consisting of one footlocker.
26 (Source: P.A. 89-689, eff. 12-31-96; 90-505, eff. 8-19-97.)