Public Act 93-0607

SB629 Enrolled                       LRB093 08425 RLC 08647 b

    AN ACT concerning prisons.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Unified Code of Corrections is amended by
changing Sections 3-4-3 and 3-7-2a as follows:

    (730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3)
    Sec. 3-4-3.  Funds and Property of Persons Committed.
    (a)  The  Department  shall  establish accounting records
with accounts for each person who has or receives money while
in an institution or facility of the Department and it  shall
allow  the withdrawal and disbursement of money by the person
under rules and regulations of the Department.  Any  interest
or  other income from moneys deposited with the Department by
a resident of the Juvenile Division in excess of  $200  shall
accrue to the individual's account, or in balances up to $200
shall   accrue  to  the  Residents'  Benefit  Fund.   For  an
individual  in  an  institution  or  facility  of  the  Adult
Division the interest shall accrue to the Residents'  Benefit
Fund.   The  Department  shall disburse all moneys so held no
later than the person's final discharge from the  Department.
Moneys  in  the  account  of  a  committed person who files a
lawsuit determined frivolous under Article XXII of  the  Code
of  Civil  Procedure  shall be deducted to pay for the filing
fees and cost of the suit as provided in  that  Article.  The
Department  shall  under  rules  and  regulations  record and
receipt  all  personal  property  not  allowed  to  committed
persons. The Department shall return  such  property  to  the
individual no later than the person's release on parole.
    (b)  Any  money  held  in  accounts  of committed persons
separated  from  the  Department  by  death,  discharge,   or
unauthorized  absence  and  unclaimed  for a period of 1 year
thereafter by the person or his legal representative shall be
transmitted to the State Treasurer who shall deposit it  into
the  General  Revenue  Fund. Articles of personal property of
persons so separated may be sold or used by the Department if
unclaimed for a period  of  1  year  for  the  same  purpose.
Clothing,  if  unclaimed  within  30  days,  may  be  used or
disposed of as determined by the Department.
    (c)  Forty  percent  of  the  profits   on   sales   from
commissary stores shall be expended by the Department for the
special  benefit of committed persons which shall include but
not be limited to the advancement of inmate payrolls, for the
special benefit of employees,  and  for  the  advancement  or
reimbursement  of  employee  travel,  provided  that  amounts
expended for employees shall not exceed the amount of profits
derived from sales made to employees by such commissaries, as
determined  by  the  Department. The remainder of the profits
from sales from commissary stores must be used first  to  pay
for   wages   and  benefits  of  employees  covered  under  a
collective  bargaining  agreement   who   are   employed   at
commissary  facilities  of the Department and then to pay the
costs of dietary staff.
    (d)  The Department  shall  confiscate  any  unauthorized
currency  found in the possession of a committed person.  The
Department shall transmit the  confiscated  currency  to  the
State Treasurer who shall deposit it into the General Revenue
Fund.
(Source: P.A. 89-689, eff. 12-31-96; 90-505, eff. 8-19-97.)

    (730 ILCS 5/3-7-2a) (from Ch. 38, par. 1003-7-2a)
    Sec.  3-7-2a.  If  a  facility  maintains a commissary or
commissaries, the selling  prices  for  all  goods  shall  be
sufficient  to cover the costs of the goods and an additional
charge of up to 35% for tobacco products and up  to  25%  for
non-tobacco  products.   The amount of the additional charges
for goods sold at commissaries shall be based upon the amount
necessary to pay for the wages  and  benefits  of  commissary
employees  who  are  employed in commissary facilities of the
Department.  The Department shall  determine  the  additional
charges  upon any changes in wages and benefits of commissary
employees  as  negotiated  in   the   collective   bargaining
agreement  from  3%  through  10%.  A compliance audit of all
commissaries and the distribution of commissary  funds  shall
be included in the regular compliance audit of the Department
conducted  by  the  Auditor  General  in  accordance with the
Illinois State Auditing Act.
    Items purchased for sale at any such commissary shall  be
purchased,  wherever  possible,  at  wholesale  costs.   If a
facility maintains a commissary or  commissaries  as  of  the
effective  date  of  this  amendatory Act of the 93rd General
Assembly, the Department may  not  contract  with  a  private
contractor  or  vendor  to  operate,  manage,  or perform any
portion of the commissary services.  The Department  may  not
enter  into  any  such  contract for commissary services at a
facility that opens subsequent to the effective date of  this
amendatory Act of the 93rd General Assembly.
(Source: P.A. 82-652.)