(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. Any interest or other income 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, 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.)
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