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92_SB1982enr SB1982 Enrolled LRB9216038RCcd 1 AN ACT concerning prisons. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended by 5 changing Sections 3-4-3 and 3-7-2a as follows: 6 (730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3) 7 Sec. 3-4-3. Funds and Property of Persons Committed. 8 (a) The Department shall establish accounting records 9 with accounts for each person who has or receives money while 10 in an institution or facility of the Department and it shall 11 allow the withdrawal and disbursement of money by the person 12 under rules and regulations of the Department. Any interest 13 or other income from moneys deposited with the Department by 14 a resident of the Juvenile Division in excess of $200 shall 15 accrue to the individual's account, or in balances up to $200 16 shall accrue to the Residents' Benefit Fund. For an 17 individual in an institution or facility of the Adult 18 Division the interest shall accrue to the Residents' Benefit 19 Fund. The Department shall disburse all moneys so held no 20 later than the person's final discharge from the Department. 21 Moneys in the account of a committed person who files a 22 lawsuit determined frivolous under Article XXII of the Code 23 of Civil Procedure shall be deducted to pay for the filing 24 fees and cost of the suit as provided in that Article. The 25 Department shall under rules and regulations record and 26 receipt all personal property not allowed to committed 27 persons. The Department shall return such property to the 28 individual no later than the person's release on parole. 29 (b) Any money held in accounts of committed persons 30 separated from the Department by death, discharge, or 31 unauthorized absence and unclaimed for a period of 1 year SB1982 Enrolled -2- LRB9216038RCcd 1 thereafter by the person or his legal representative shall be 2 transmitted to the State Treasurer who shall deposit it into 3 the General Revenue Fund. Articles of personal property of 4 persons so separated may be sold or used by the Department if 5 unclaimed for a period of 1 year for the same purpose. 6 Clothing, if unclaimed within 30 days, may be used or 7 disposed of as determined by the Department. 8 (c) Forty percent of the profits on sales from 9 commissary stores shall be expended by the Department for the 10 special benefit of committed persons which shall include but 11 not be limited to the advancement of inmate payrolls, for the 12 special benefit of employees, and for the advancement or 13 reimbursement of employee travel, provided that amounts 14 expended for employees shall not exceed the amount of profits 15 derived from sales made to employees by such commissaries, as 16 determined by the Department. The remainder of the profits 17 from sales from commissary stores must be used first to pay 18 for wages and benefits of employees covered under a 19 collective bargaining agreement who are employed at 20 commissary facilities of the Department and then to pay the 21 costs of dietary staff. 22 (d) The Department shall confiscate any unauthorized 23 currency found in the possession of a committed person. The 24 Department shall transmit the confiscated currency to the 25 State Treasurer who shall deposit it into the General Revenue 26 Fund. 27 (Source: P.A. 89-689, eff. 12-31-96; 90-505, eff. 8-19-97.) 28 (730 ILCS 5/3-7-2a) (from Ch. 38, par. 1003-7-2a) 29 Sec. 3-7-2a. If a facility maintains a commissary or 30 commissaries, the selling prices for all goods shall be 31 sufficient to cover the costs of the goods and an additional 32 charge of up to 35% for tobacco products and up to 25% for 33 non-tobacco products. The amount of the additional charges SB1982 Enrolled -3- LRB9216038RCcd 1 for goods sold at commissaries shall be based upon the amount 2 necessary to pay for the wages and benefits of commissary 3 employees who are employed in commissary facilities of the 4 Department. The Department shall determine the additional 5 charges upon any changes in wages and benefits of commissary 6 employees as negotiated in the collective bargaining 7 agreementfrom 3% through 10%. A compliance audit of all 8 commissaries and the distribution of commissary funds shall 9 be included in the regular compliance audit of the Department 10 conducted by the Auditor General in accordance with the 11 Illinois State Auditing Act. 12 Items purchased for sale at any such commissary shall be 13 purchased, wherever possible, at wholesale costs. 14 (Source: P.A. 82-652.)