94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0537


 
Introduced 2/17/2005, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		















730 ILCS 5/3-7-2a
  from Ch. 38, par. 1003-7-2a




730 ILCS 5/3-7-2c new





730 ILCS 125/16
  from Ch. 75, par. 116







    Amends the Unified Code of Corrections.    Provides that no person shall possess or use tobacco in any of its forms in an institution and facility of the Department.  Deletes a provision requiring the selling prices for all goods to be sufficient to cover the costs of the goods and an additional charge of up to 35% for tobacco products if the facility maintains a commissary or commissaries.    Amends the County Jail Act.    Provides that the Warden of the jail or other person shall not permit any person to possess or use tobacco in any of its forms in the jail.   
















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A BILL FOR









 











SB0537

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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Unified Code of Corrections is amended  by 
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changing Section 3-7-2a and  by adding Section 3-7-2c as 
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follows:
 
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    (730 ILCS 5/3-7-2a)  (from Ch. 38, par. 1003-7-2a)

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    Sec. 3-7-2a. If a facility maintains a commissary or 
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commissaries, the
selling prices for all goods shall be 
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sufficient to cover the costs of the
goods and an additional 
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charge of up to 35% for tobacco products and up to
25% for 
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non-tobacco products.  The amount of the additional charges for 
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goods
sold at commissaries shall be based upon the amount 
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necessary to pay for the
wages and benefits of commissary 
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employees who are employed in commissary
facilities of
the 
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Department.  The Department shall determine the additional 
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charges upon any
changes in wages and benefits of commissary 
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employees as negotiated in the
collective bargaining 
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agreement.  A compliance
audit
of all commissaries and the 
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distribution of commissary funds shall
be included in the 
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regular compliance audit of the Department conducted
by the 
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Auditor General in accordance with the Illinois State Auditing 
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Act.


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    Items purchased for sale at any such commissary shall be 
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purchased, wherever
possible, at wholesale costs.  If a facility 
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maintains a commissary or
commissaries as of the effective
date 
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of this amendatory Act of the 93rd General Assembly, the 
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Department may
not contract with a private contractor or vendor 
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to operate, manage, or
perform any portion of the commissary 
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services.  The Department may not enter
into any such contract 
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for commissary services at a facility that opens
subsequent to 
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the effective date of this amendatory Act of the 93rd General

 


 






SB0537
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1
Assembly.


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(Source: P.A. 93-607, eff. 1-1-04.)

 
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    (730 ILCS 5/3-7-2c  new)
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    Sec. 3-7-2c. Facilities; smoking ban. No person shall 
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possess or use tobacco in any of its forms in an institution 
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and facility of the Department.

 
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    Section 10. The County Jail Act is amended  by changing 
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Section 16 as follows:
 



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    (730 ILCS 125/16)  (from Ch. 75, par. 116)


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    Sec. 16. Alcohol, controlled substances,  and tobacco 
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prohibited.


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    (a) The Warden of the jail or other person shall not permit 
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any
prisoner to send for or have any alcoholic beverages or 
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controlled substances
except when prescribed by a physician as 
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medicine.

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    (b) The Warden of the jail or other person shall not permit 
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any person to possess or use tobacco in any of its forms in the 
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jail.

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(Source: P.A. 83-1073.)