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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Counties Code is amended by adding Section | ||||||
| 5 | 3-15003.7 as follows:
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| 6 | (55 ILCS 5/15003.7 new)
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| 7 | Sec. 15003.7. Facilities; tobacco prohibited. No person | ||||||
| 8 | shall possess or use tobacco in any of its forms in an | ||||||
| 9 | institution and facility of the Department. | ||||||
| 10 | Section 10. The Unified Code of Corrections is amended by | ||||||
| 11 | changing Section 3-7-2a and by adding Section 3-7-2c as | ||||||
| 12 | follows: | ||||||
| 13 | (730 ILCS 5/3-7-2a) (from Ch. 38, par. 1003-7-2a)
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| 14 | Sec. 3-7-2a. If a facility maintains a commissary or | ||||||
| 15 | commissaries, the
selling prices for all goods shall be | ||||||
| 16 | sufficient to cover the costs of the
goods and an additional | ||||||
| 17 | charge of up to 35% for tobacco products and up to
25% for | ||||||
| 18 | non-tobacco products. The amount of the additional charges for | ||||||
| 19 | goods
sold at commissaries shall be based upon the amount | ||||||
| 20 | necessary to pay for the
wages and benefits of commissary | ||||||
| 21 | employees who are employed in commissary
facilities of
the | ||||||
| 22 | Department. The Department shall determine the additional | ||||||
| 23 | charges upon any
changes in wages and benefits of commissary | ||||||
| 24 | employees as negotiated in the
collective bargaining | ||||||
| 25 | agreement. A compliance
audit
of all commissaries and the | ||||||
| 26 | distribution of commissary funds shall
be included in the | ||||||
| 27 | regular compliance audit of the Department conducted
by the | ||||||
| 28 | Auditor General in accordance with the Illinois State Auditing | ||||||
| 29 | Act.
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| 30 | Items purchased for sale at any such commissary shall be | ||||||
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| 1 | purchased, wherever
possible, at wholesale costs. If a facility | ||||||
| 2 | maintains a commissary or
commissaries as of the effective
date | ||||||
| 3 | of this amendatory Act of the 93rd General Assembly, the | ||||||
| 4 | Department may
not contract with a private contractor or vendor | ||||||
| 5 | to operate, manage, or
perform any portion of the commissary | ||||||
| 6 | services. The Department may not enter
into any such contract | ||||||
| 7 | for commissary services at a facility that opens
subsequent to | ||||||
| 8 | the effective date of this amendatory Act of the 93rd General
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| 9 | Assembly.
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| 10 | (Source: P.A. 93-607, eff. 1-1-04.)
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| 11 | (730 ILCS 5/3-7-2c new) | ||||||
| 12 | Sec. 3-7-2c. Facilities; smoking ban. No person shall | ||||||
| 13 | possess or use tobacco in any of its forms in an institution | ||||||
| 14 | and facility of the Department.
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| 15 | Section 15. The County Jail Act is amended by changing | ||||||
| 16 | Section 16 as follows:
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| 17 | (730 ILCS 125/16) (from Ch. 75, par. 116)
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| 18 | Sec. 16. Alcohol, controlled substances, and tobacco | ||||||
| 19 | prohibited.
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| 20 | (a) The Warden of the jail or other person shall not permit | ||||||
| 21 | any
prisoner to send for or have any alcoholic beverages or | ||||||
| 22 | controlled substances
except when prescribed by a physician as | ||||||
| 23 | medicine.
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| 24 | (b) The Warden of the jail or other person shall not permit | ||||||
| 25 | any person to possess or use tobacco in any of its forms in the | ||||||
| 26 | jail.
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| 27 | (Source: P.A. 83-1073.)
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| 28 | Section 99. Effective date. This Act takes effect on | ||||||
| 29 | January 1, 2006, except that the changes to Division 3-15 of | ||||||
| 30 | Article 3 of the Counties Code take effect on July 1, 2006.
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