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Public Act 103-1026


 

Public Act 1026 103RD GENERAL ASSEMBLY

 


 
Public Act 103-1026
 
SB3615 EnrolledLRB103 37237 RLC 67357 b

    AN ACT concerning State government.
 
    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 Section 3-4-3 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 of Corrections and the Department of
Juvenile Justice shall establish accounting records with
accounts for each person who has or receives money while in an
institution or facility of that Department and it shall allow
the withdrawal and disbursement of money by the person under
rules and regulations of that Department. The Department of
Juvenile Justice shall not be required to keep such deposited
moneys in an interest-bearing bank account unless the annual
interest earned would exceed the total annual costs and fees,
including, but not limited to, transaction fees, associated
with maintaining the account. Any interest or other income
which may be earned from moneys deposited with the Department
by a resident of the Department of Juvenile Justice in excess
of $200 shall accrue to the individual's account if the
monthly interest attributable to an individual's account
exceeds $1. All other , or in balances up to $200 shall accrue
to the Residents' Benefit Fund. For an individual in an
institution or facility of the Department of Corrections 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 or aftercare.
    (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. 97-1083, eff. 8-24-12; 98-558, eff. 1-1-14.)

Effective Date: 1/1/2025