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91_HB2558
LRB9105039RCks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 3-12-2 and 3-12-7 and adding Section
3 3-12-15.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Unified Code of Corrections is amended by
7 changing Sections 3-12-2 and 3-12-7 and adding Section
8 3-12-15 as follows:
9 (730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)
10 Sec. 3-12-2. Types of employment.
11 (a) The Department may establish, maintain, train and
12 employ committed persons in industries for the production of
13 articles, materials or supplies for resale to authorized
14 purchasers. It may also employ committed persons on public
15 works, buildings and property, the conservation of natural
16 resources of the State, anti-pollution or environmental
17 control projects, or for other public purposes, for the
18 maintenance of the Department's buildings and properties and
19 for the production of food or other necessities for its
20 programs. The Department may establish, maintain and employ
21 committed persons in the production of vehicle registration
22 plates. A committed person's labor shall not be sold,
23 contracted or hired out by the Department except under this
24 Article and under Section 3-9-2.
25 (b) Works of art, literature, handicraft, embroidery, or
26 other items produced by committed persons as an avocation and
27 not as a product of a work program of the Department may be
28 sold to the public under rules and regulations established by
29 the Department. All products must comply with copyright
30 laws. The cost of selling such products may be deducted from
31 the proceeds, and the balance shall be credited to the
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1 person's account under Section 3-4-3. The Department shall
2 notify the Attorney General of the existence of any proceeds
3 which it believes should be applied towards a satisfaction,
4 in whole or in part, of the person's incarceration costs.
5 (Source: P.A. 88-669, eff. 11-29-94; 88-679, eff. 7-1-95.)
6 (730 ILCS 5/3-12-7) (from Ch. 38, par. 1003-12-7)
7 Sec. 3-12-7. Purchasers; Allocation. (a) The State, its
8 political units, its agencies and public institutions shall
9 purchase from the Department all articles, materials,
10 industry related services, food stuffs, and supplies required
11 by them which are produced or manufactured by persons
12 confined in institutions and facilities of the Department.
13 Political units do not include political action committees.
14 The Secretary of State may purchase from the Department
15 vehicle registration plates produced by persons confined in
16 institutions and facilities of the Department. The Secretary
17 shall determine reasonable specifications and prices of such
18 vehicle registration plates as agreed upon with the
19 Department. Not-for-profit corporations chartered in Illinois
20 or other States may purchase such goods and services. Units
21 of the Federal government and units of government in other
22 States may also purchase such goods and services. All
23 entities which contract with the State, its political units,
24 its agencies, its public institutions or not-for-profit
25 corporations chartered in Illinois, may purchase goods or
26 services from the Department which are used in the
27 performance of such contracts. The Department may not donate
28 any products to a political action committee. Nothing shall
29 prohibit the Department from bidding on portions of a State
30 contract which are subcontracted by the primary contractor.
31 The public may purchase crushed limestone and lime dust for
32 agricultural and horticultural purposes and hardwood. The
33 Department may also sell grain from its agricultural
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1 operations on the open market. All other articles,
2 materials, industry related services, food stuffs and
3 supplies which are produced or manufactured by persons
4 confined in institutions and facilities of the Department
5 shall be available for sale on the open market.
6 (b) Allocation of goods shall be made in the following
7 manner:
8 (1) first, for needs of the Department;
9 (2) second, for the State, its agencies and public
10 institutions;
11 (3) third, for those political subdivisions of the State
12 and their agencies in which the producing institution or
13 facility of the Department is located;
14 (4) fourth, for other political subdivisions of the
15 State and their agencies and public institutions;
16 (5) fifth, for sale on the open market;
17 (6) sixth, for not for profit corporations chartered in
18 Illinois;
19 (7) seventh, for units of government in other states;
20 (8) eighth, for units of the Federal government;
21 (9) ninth, for not-for-profit organizations chartered in
22 other states;
23 (10) tenth, all other permitted purchasers.
24 (c) Exemption from required purchases shall be on
25 certification of the Department that the items requested are
26 not then available.
27 (Source: P.A. 86-450.)
28 (730 ILCS 5/3-12-15 new)
29 Sec. 3-12-15. Special Task Force on Prison Industries.
30 (a) There is created a Special Task Force on Prison
31 Industries. The Special Task Force on Prison Industries is
32 composed of 15 members appointed by the Governor from the
33 Department of Corrections; corporations; unions; community
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1 leaders; business; non-profit groups and retail merchants.
2 The Task Force must:
3 (i) Find products that can be produced by committed
4 persons, but do not take jobs from local communities.
5 (ii) Find community projects for the committed
6 persons to help local communities and religious
7 institutions.
8 (iii) Develop and implement a plan for prison
9 industry expansion in Illinois.
10 (iv) Identify appropriate profitable markets which
11 prison industries may develop or expand, or both.
12 (v) Resolve potential conflicts to expansion such
13 as union objections, existing laws and regulations, and
14 private sector competition.
15 (vi) Review current State and private non-profit
16 agencies' purchasing as it relates to prison industry
17 goods and services.
18 (vii) Assist in reducing the tax burden for
19 escalating correctional costs and related costs.
20 (viii) Increase public, business, and legislative
21 awareness of prison industry and to solicit their support
22 for expansion.
23 (ix) Examine and make recommendations regarding
24 public or private joint ventures.
25 (b) Members of the Task Force are to receive a per diem
26 for their services as provided by law and must report their
27 findings to the Governor and General Assembly by March 15,
28 2001.