Sen. John J. Cullerton
Filed: 5/12/2004
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1 | AMENDMENT TO HOUSE BILL 1875
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2 | AMENDMENT NO. ______. Amend House Bill 1875 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Sections 3-12-1, 3-12-2, 3-12-3, 3-12-3a, 3-12-5, | ||||||
6 | 3-12-8, and 3-12-11 as follows:
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7 | (730 ILCS 5/3-12-1) (from Ch. 38, par. 1003-12-1)
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8 | Sec. 3-12-1. Useful Employment. The Department shall, in so | ||||||
9 | far as
possible, employ at useful work
committed persons | ||||||
10 | confined in institutions and facilities of the
Department, who | ||||||
11 | are over the age of compulsory school attendance,
physically | ||||||
12 | capable of such employment, and not otherwise occupied in
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13 | programs of the Department. Such employment shall
equip such | ||||||
14 | persons with
marketable skills, promote habits of work and | ||||||
15 | responsibility and contribute
to the expense of the employment | ||||||
16 | program and the committed person's cost
of incarceration. | ||||||
17 | Recognizing that a program which duplicates as closely as | ||||||
18 | possible free-world production and service operations in order | ||||||
19 | to aid inmates in adjustment after release and to prepare | ||||||
20 | inmates for gainful employment is in the best interests of the | ||||||
21 | State, inmates, and the general public, the Department shall | ||||||
22 | contract with a nonprofit private corporation to lease and | ||||||
23 | manage the correctional employment programs of the Department | ||||||
24 | of Corrections under the requirements in the Illinois |
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1 | Procurement Code. It is the intent of the General Assembly that | ||||||
2 | for Fiscal Year 2005 only, the changes made to the correctional | ||||||
3 | employment programs by this amendatory Act of the 93rd General | ||||||
4 | Assembly shall be implemented without increasing the relevant | ||||||
5 | line items of appropriation to the Department relating to | ||||||
6 | correctional employment programs that were appropriated to the | ||||||
7 | Department for that purpose in Fiscal Year 2004, if reasonably | ||||||
8 | possible.
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9 | (Source: P.A. 86-450.)
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10 | (730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)
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11 | Sec. 3-12-2. Types of employment.
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12 | (a) The Department and the non-profit private corporation | ||||||
13 | authorized to lease and manage correctional employment | ||||||
14 | programs may establish, maintain, train and employ committed
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15 | persons in industries for the production of articles, materials | ||||||
16 | or supplies for
resale to authorized purchasers. They
It may | ||||||
17 | also employ committed persons on public
works, buildings and | ||||||
18 | property, the conservation of natural resources of the
State, | ||||||
19 | anti-pollution or environmental control projects, or for other | ||||||
20 | public
purposes, for the maintenance of the Department's | ||||||
21 | buildings and properties and
for the production of food or | ||||||
22 | other necessities for its programs. The
Department and the | ||||||
23 | non-profit private corporation authorized to lease and manage | ||||||
24 | correctional employment programs may establish, maintain and | ||||||
25 | employ committed persons in the
production of vehicle | ||||||
26 | registration plates. A committed person's labor shall
not be | ||||||
27 | sold, contracted or hired out by the Department except under | ||||||
28 | this
Article and under Section 3-9-2.
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29 | (b) Works of art, literature, handicraft or other items | ||||||
30 | produced by
committed persons as an avocation and not as a | ||||||
31 | product of a work program of the
Department may be sold to the | ||||||
32 | public under rules and regulations established by
the | ||||||
33 | Department. The cost of selling such products may be deducted |
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1 | from the
proceeds, and the balance shall be credited to the | ||||||
2 | person's account under
Section 3-4-3. The Department shall | ||||||
3 | notify the Attorney General of the
existence of any proceeds | ||||||
4 | which it believes should be applied towards a
satisfaction, in | ||||||
5 | whole or in part, of the person's incarceration costs.
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6 | (Source: P.A. 88-669, eff. 11-29-94; 88-679, eff. 7-1-95.)
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7 | (730 ILCS 5/3-12-3) (from Ch. 38, par. 1003-12-3)
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8 | Sec. 3-12-3. Vocational Training.
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9 | The Department and the non-profit private corporation | ||||||
10 | authorized to lease and manage correctional employment | ||||||
11 | programs shall maintain programs of training in various | ||||||
12 | vocations
and trades in connection with its employment programs | ||||||
13 | and shall also
provide opportunities for training outside | ||||||
14 | working hours.
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15 | (Source: P.A. 77-2097.)
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16 | (730 ILCS 5/3-12-3a) (from Ch. 38, par. 1003-12-3a)
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17 | Sec. 3-12-3a. (a) (Blank).
Contracts, leases and business | ||||||
18 | agreements.
The
Department may enter into a contract, lease
or | ||||||
19 | any other type of business
agreement, not to exceed 20 years, | ||||||
20 | with any private corporation,
partnership, person or other
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21 | business entity
for the purpose of utilizing committed persons | ||||||
22 | in the
manufacture of goods or wares, in the provision of | ||||||
23 | services or for any
other business or commercial enterprise | ||||||
24 | deemed by the Department to be
consistent with proper training | ||||||
25 | and rehabilitation of committed persons.
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26 | (b) The Department shall be permitted to construct | ||||||
27 | buildings on State
property for the purposes identified in | ||||||
28 | subsection (a) and to lease for a
period not to exceed 20 years | ||||||
29 | any building or portion thereof on State
property for the | ||||||
30 | purposes identified in subsection (a).
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31 | (c) Any contract, lease or other business agreement | ||||||
32 | referenced in
subsection (a), shall include a provision |
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1 | requiring that all committed
persons assigned receive in | ||||||
2 | connection with their assignment such
vocational training | ||||||
3 | and/or apprenticeship programs as the Department deems | ||||||
4 | appropriate.
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5 | (d) Committed persons assigned in accordance with this | ||||||
6 | Section shall be
compensated in accordance with the provisions | ||||||
7 | of Section 3-12-5.
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8 | (Source: P.A. 86-450.)
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9 | (730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)
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10 | Sec. 3-12-5. Compensation. Persons performing a work | ||||||
11 | assignment under
subsection (a) of Section 3-12-2 may receive | ||||||
12 | wages under rules and regulations
of the Department. In | ||||||
13 | determining rates of compensation, the Department and the | ||||||
14 | non-profit private corporation authorized to lease and manage | ||||||
15 | correctional employment programs shall
consider the effort, | ||||||
16 | skill and economic value of the work performed.
Compensation | ||||||
17 | may be given to persons who participate in other programs of | ||||||
18 | the
Department. Of the compensation earned pursuant to this | ||||||
19 | Section, a portion, as
determined by the Department, shall be | ||||||
20 | used to offset the cost of the committed
person's | ||||||
21 | incarceration. If the committed person files a lawsuit | ||||||
22 | determined
frivolous
under Article XXII of the Code of Civil | ||||||
23 | Procedure, 50% of the
compensation shall be used to offset the | ||||||
24 | filing fees and costs of the lawsuit
as provided in
that | ||||||
25 | Article until all fees and costs are paid in full. All other | ||||||
26 | wages shall
be deposited in the individual's
account under | ||||||
27 | rules and regulations of the Department. The Department shall
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28 | notify the Attorney General of any compensation applied towards | ||||||
29 | a satisfaction,
in whole or in part, of the person's | ||||||
30 | incarceration costs.
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31 | (Source: P.A. 90-505, eff. 8-19-97.)
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32 | (730 ILCS 5/3-12-8) (from Ch. 38, par. 1003-12-8)
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1 | Sec. 3-12-8. Purchase and Control of Supplies.
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2 | The Department and the non-profit private corporation | ||||||
3 | authorized to lease and manage correctional employment | ||||||
4 | programs may enter into contracts for the purchase of raw
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5 | materials required for industrial production and shall have | ||||||
6 | charge of
articles, materials and supplies manufactured for | ||||||
7 | sale to purchasers.
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8 | (Source: P.A. 77-2097.)
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9 | (730 ILCS 5/3-12-11) (from Ch. 38, par. 1003-12-11)
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10 | Sec. 3-12-11. Report to the General Assembly. By November | ||||||
11 | 1st of each
year, the Department shall furnish to the General | ||||||
12 | Assembly a report with
respect to the following factors for the | ||||||
13 | preceding fiscal year:
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14 | (a) A balance sheet;
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15 | (b) A financial statement, including profit or loss | ||||||
16 | figures;
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17 | (c) The number and location of industries;
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18 | (d) The quantity of each good produced;
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19 | (e) The cost of materials and labor;
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20 | (f) Sales and actual receipts, by purchaser and in total;
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21 | (g) The average length of time between the receipt of | ||||||
22 | orders and delivery;
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23 | (h) The average length of time between delivery and receipt | ||||||
24 | of payment;
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25 | (i) The number of residents employed in each facility and | ||||||
26 | industry, the
number of vacancies occurring throughout the | ||||||
27 | year, whether or not they have
been subsequently filled, and | ||||||
28 | the reasons for such vacancies; and
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29 | (j) Beginning on November 1, 1981, recidivism and | ||||||
30 | employment statistics
on former resident employees ; and | ||||||
31 | (k) Beginning January 1, 2006, data required in clauses (a) | ||||||
32 | through (j) of this Section shall include comparisons of the | ||||||
33 | not-for-profit's and the Department's activities .
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1 | (Source: P.A. 81-1507.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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