PART 117 CORRECTIONAL INDUSTRIES : Sections Listing

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER a: ADMINISTRATION AND RULES
PART 117 CORRECTIONAL INDUSTRIES

AUTHORITY: Implementing Sections 105/25 of the State Finance Act and 3-12-1, 3-12-2, 3-12-3, 3-12-4, 3-12-5, 3-12-6, 3-12-7, 3-12-9, 3-12-11a, 3-12-12, and 3-12-14 of the Unified Code of Corrections [30 ILCS 105/25 and 730 ILCS 5/12/1, 3-12-2, 3-12-, 3-12-5, 3-12-6, 3-12-7, 3-12-9, and 3-12-11a] and authorized by Sections 3-2-2, 3-12-2, 3-12-4, 3-12-5, 3-12-9, and 3-12-14 of the Unified Code of Corrections [730 ILCS 5/3-2-2, 3-12-1, 3-12-2, 3-12-3, 3-12-4, 3-12-5, 3-12-6, 3-12-7, 3-12-9, 3-12-11a, 3-12-12, and 3-12-14].

SOURCE: Adopted at 23 Ill. Reg. 13597, effective November 1, 1999; amended at 26 Ill. Reg. 658, effective January 15, 2002; amended at 34 Ill. Reg. 19494, effective December 1, 2010.

 

Section 117.5  Applicability

 

This Part applies to the Correctional Industries Program and to facilities in which industry programs are housed.

 

Section 117.10  Definitions

 

"Chief Administrative Officer" means the highest ranking official of a correctional facility.

 

"Chief Executive Officer" means the highest ranking official of the Correctional Industries Program.

 

"Department" means the Department of Corrections.

 

"Director" means the Director of the Department of Corrections.

 

Section 117.15  Responsibilities

 

a)         Unless otherwise specified, the Director, Chief Administrative Officer, or Chief Executive Officer may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified.

 

b)         No other individual may routinely perform duties whenever a Section in this Part specifically states the Director, Chief Administrative Officer, or Chief Executive Officer shall personally perform the duties.  However, the Director, Chief Administrative Officer, or Chief Executive Officer may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

 

Section 117.20  Correctional Industries Program  

 

a)         The Correctional Industries Program operates in correctional facilities and promotes marketable skills and work habits for committed persons.

 

b)         The Correctional Industries Program offers services and products in areas including, but not limited to: production, repair, and restoration of furniture; cleaning supplies and equipment; food production and processing; clothing; eye glasses; asbestos abatement; and recycling.

 

c)         Industry programs, both new and expanded, are recommended by the Chief Executive Officer of Correctional Industries and approved by the Director.

 

d)         Bartering arrangements are prohibited.

 

e)         Products shall not be distributed, nor shall services be rendered, to any entity free of charge except as otherwise provided in this Part.  This prohibition against free distribution of a product shall not preclude the distribution of a reasonable amount of a product to afford the prospective customer the ability to sample the product to determine whether the product meets the customer's needs prior to purchase.

 

f)         Prototypes may be distributed to prospective customers for a trial period not to exceed 90 days.

 

g)         Obsolete items shall be disposed of in accordance with the State Property Control Act [30 ILCS 605].  Obsolete items are items including, but not limited to, finished products, works in progress, and raw materials that are no longer needed and cannot be returned to the vendor.

 

(Source:  Amended at 26 Ill. Reg. 658, effective January 15, 2002)

 

Section 117.30  Assignment to Correctional Industries

 

a)         The Chief Executive Officer of Correctional Industries shall ensure position descriptions for committed persons, including level of skill and education required, physical abilities required, and specific job requirements, are developed for each assignment.

 

b)         Committed persons who are physically capable and who are not assigned full-time to other facility programming may be assigned through the Correctional Industries Program.

 

c)         Committed persons may be referred for positions in correctional industry programs at the discretion of the Chief Administrative Officer of the facility based on, but not limited to, factors such as:

 

1)         The committed person's security level, grade classification, and institutional adjustment; and

 

2)         The skills required for the program.

 

d)         The Superintendent of the industry at the facility shall have the authority to assign or reassign any committed person referred by the facility to ensure the safety, security, and efficient operation of industry programs.

 

e)         Prior to placement in the Correctional Industries Program,  committed persons shall be required to pass a physical examination to ensure they are physically able to perform the duties of the assignment.

 

f)         Committed persons who participate in this program are required to contribute a portion of their earnings to offset their cost of incarceration. The rate of contribution, which shall be at least 3% but not more than 5% of the earnings, shall be established by the Director.  Committed persons shall be advised of the current rate.

 

Section 117.40  Hours and Conditions of Labor

 

a)         Due to the variety of programs and services, the hours of operation at each Correctional Industries Program may vary.  The hours of operation for each facility shall be established as determined by the Chief Executive Officer of Correctional Industries with the concurrence of the Chief Administrative Officer of the facility in which the industry is located.

 

b)         The Department shall comply with minimum applicable federal, State, and local work, health, and safety standards in operation of its industry programs, including but not limited to applicable rules promulgated by the State Fire Marshal (41 Ill. Adm. Code 100), and the Illinois Department of Labor (56 Ill. Adm. Code 205 and 350), and the Illinois Department of Public Health (77 Ill. Adm. Code 785 and 855).  Safety inspections shall be conducted at least monthly by departmental staff to ensure committed persons are not subjected to unsafe workplace conditions.

 

c)         Committed persons shall be subject to security screening and supervision.

 

d)         Committed persons shall be compensated for the duties performed in accordance with the pay plan established for the program.  Pay plans shall be determined at each facility based on such factors as the effort, skill, and economic value of the work performed.  The local pay plan shall be approved by the Chief Executive Officer of Correctional Industries and shall be posted in the local industry office.

 

e)         Committed persons shall be trained in the use of equipment, materials, and safety precautions appropriate to their assignments.  Committed persons shall sign an acknowledgment that the training has been received prior to the use of any such equipment or materials.

 

Section 117.50  Purchase of Industry Goods or Services

 

a)         A list of goods or services available through Correctional Industries and the cost for such goods or services shall be maintained.  To obtain a listing or to make purchases, interested persons may contact the Correctional Industries Program at:

 

Illinois Department of Corrections

Correctional Industries Program

1301 Concordia Court

Box 19722

Springfield IL  62794-9277

217/522-2666

http://www.idoc.state.il.us/industries/

 

b)         In accordance with Section 3-12-7 of the Unified Code of Corrections, the State, its political units, its agencies and public institutions are required to purchase needed articles, materials, industry related services, food stuffs, and supplies that are supplied or manufactured by the Correctional Industries Program unless the Department certifies that the items requested are not readily available.

 

c)         Goods or services shall be allocated in the following order:

 

1)         Department.

 

2)         State agencies and public institutions.

 

3)         Political subdivisions of the State and its agencies in which the producing facility is located.

 

4)         Political subdivisions of the State and their agencies or public institutions.

 

5)         Open market.

 

6)         Not-for-profit organizations in Illinois.

 

7)         Government in other states.

 

8)         Units of the Federal Government.

 

9)         Not-for-profit organizations in other states.

 

d)         Monies generated by the Correctional Industries Program shall be deposited in the Working Capital Revolving Fund of the Correctional Industries Program.

 

e)         Correctional Industries shall make reasonable efforts to bill and collect receivables in the fiscal year in which the debit was incurred.

 

f)         Correctional Industries shall issue catch-up billing in the subsequent fiscal for those accounts that show a balance for the prior fiscal year.

 

g)         Correctional Industries shall issue credit or refunds for documented deficiencies.

 

h)         Correctional Industries shall not use catch-up billing or credit and refunds to intentionally circumvent fiscal year budgetary controls.

 

(Source:  Amended at 34 Ill. Reg. 19494, effective December 1, 2010)

 

Section 117.60  Food Production and Processing

 

Food products are produced and processed in accordance with State and federal guidelines. (See 730 ILCS 5/3-12-11a and 3-12-12.)

 

Section 117.70  Recycling and Refuse Program

 

a)         The Correctional Industries Program recycles such items as the following material to convert waste products to recyclable forms:

 

1)         Tires, rubber tire scraps, and related materials.

 

2)         White goods that are common household appliances such as stoves and refrigerators.

 

3)         Refuse such as paper and plastic.

 

4)         Such other items as it is determined can be appropriately recycled.

 

b)         Tires, rubber, and related materials are used in areas such as alternative fuel options, playground materials, and recapped tires.

 

1)         Playground material is shredded tire rubber with all metals removed for use as ground cover around playground equipment.

 

2)         Tire-derived fuel (TDF) is tire rubber shredded into approximately 2" size pieces that is mixed with coal for use in commercial or industrial power plants.

 

c)         White goods are dismantled to their constituent parts such as metals, plastics, rubbers, and gases such as freon.  Gaseous constituents or byproducts shall be recycled in accordance with the Federal Clean Air Act of 1990 (42 USC 7401 et seq.).  All other parts shall be sold or disposed of properly.

 

d)         Interested parties may contact the Correctional Industries Program in accordance with Section 117.50 to request information regarding recycling, including purchase or collection of such materials.

 

e)         Correctional Industries may sign contracts or enter into agreements with agencies identified by the Department as potential sources of recyclable materials.

 

Section 117.80  Animal Training and Care Program

 

a)         The Department may establish programs, such as the "Helping Paws Service Program", in which committed persons may be taught to train, groom, or board animals such as dogs, cats, and horses.  The companion and service animal training operation may be either a not-for-profit or a for-profit operation; the kennel operation shall be a for-profit operation.

 

b)         The Department may work with not-for-profit charitable organizations, such as the Clarence Foundation, in programs in which committed persons are taught to train animals as companion or service animals for placement with persons who are elderly or disabled.  For purposes of this Section, a disabled person is one who suffers from a physical or mental impairment that substantially limits one or more major life activities.  The organization will obtain the animals for the industry operation to train and will subsequently place the animals after they have been trained at no cost to the recipient.  The animals will remain the property of the not-for-profit organization. Placement of such animals may be terminated by the organization when there is no longer a need for the placement or when it is in the best interest of the recipient, animal, or organization. This program will provide committed persons with marketable skills, save animals from euthanasia, and provide companion or service animals to individuals in need.  The Department shall not accept any fee for such training, but may accept donations or reductions in cost of supplies or services for the animals while under the Department's care.

 

c)         The Department may establish a kennel operation in which animals may be boarded, groomed, or trained for a fee.  These services shall be available to departmental staff and to the general public.

 

d)         Employees of the Department shall periodically visit committed persons who have been certified as service dog trainers or animal care professionals and who have been paroled or placed on mandatory supervised release to determine whether the committed persons are using their skills as certified service dog trainers or animal care professionals [730 ILCS 5/3-12-6].

 

(Source:  Added at 26 Ill. Reg. 658, effective January 15, 2002)