HB4505 100TH GENERAL ASSEMBLY

LRB100 16731 RLC 31870 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4505

Introduced , by Rep. Tim Butler

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-12-17 new

Amends the Unified Code of Corrections. Provides that the Department of Corrections, through its Illinois Correctional Industries division, may operate or contract with the private sector for substantial involvement in a correctional industries enhancement program. Sets forth requirements and rules for the correctional industries enhancement program. Provides that the Department may take limited deductions from wages of a committed person worker who participates in the correctional industries enhancement program.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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 adding Section 3-12-17 as follows:

(730 ILCS 5/3-12-17 new)

Sec. 3-12-17. Correctional industries enhancement program.

(a) The Department, through its Illinois Correctional Industries division, may operate or contract with the private sector for substantial involvement in a correctional industries enhancement program that includes, but is not limited to, contracts for the operation of a direct private sector business within a correctional institution and the hiring of committed persons.

(b) The purposes and objectives of this program are to:

(1) increase the benefits to the general public by reimbursing the State for a portion of the costs of incarceration;

(2) provide purposeful work for committed persons;

(3) increase job skills of committed persons;

(4) provide additional opportunities for rehabilitating committed persons who are otherwise ineligible to work outside correctional institutions, such as committed persons incarcerated in maximum security facilities;

(5) develop and establish new models for correctional-based businesses that create jobs approximating conditions of private sector employment;

(6) substantially involve the private sector and its capital, management skills, and expertise in the design, development, and operation of correctional-based businesses;

(7) provide the financial basis for a committed person to contribute to the support of his or her family;

(8) provide for the payment of State and federal taxes on a committed person's wages, which are paid at the rate of the prevailing or minimum wage rate; and

(9) provide savings for the committed person to have available for his or her use upon the committed person's eventual release from the correctional institution;

(c) Any contract authorized under a correctional industries enhancement program must be in compliance with federal law governing committed person work programs.

(d) Any contract authorized under a correctional industries enhancement program shall not result in the significant displacement of employed workers in the community.

(e) The Department may take deductions from committed person worker wages, but permissible deductions are limited to taxes, room and board, family support, and victim compensation. If victim compensation deductions are taken, the Department must provide written assurances that the deductions will be not less than 5% and not more than 20% of gross wages and that deductions for all purposes will not total more than 80% of gross wages.

(f) Written proof of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is required prior to program startup.

(g) Organized labor and local private industry must be consulted prior to any business startup.

(h) Committed person workers must receive wages at a rate not less than that paid for work of a similar nature in the locality in which the work is performed.

(i) Committed person worker participation must be voluntary.

(j) Notwithstanding any other law to the contrary, private sector employers shall provide workers' compensation coverage to committed persons who participate in a correctional industries enhancement program under this Section.