101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2929

 

Introduced 2/4/2020, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-9-2  from Ch. 38, par. 1003-9-2
730 ILCS 5/3-12-5  from Ch. 38, par. 1003-12-5
730 ILCS 5/3-13-5  from Ch. 38, par. 1003-13-5

    Amends the Unified Code of Corrections. Provides that the wages paid to a person for work as a person committed to the Department of Corrections or the Department of Juvenile Justice, either in the correctional industries program, on work release, or in a work training program, shall not be less than the State minimum wage. Provides that the respective Department shall charge businesses reasonable hourly rates for meals and the housing of committed persons on work release, if applicable. Effective January 1, 2021.


LRB101 19595 RLC 69071 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2929LRB101 19595 RLC 69071 b

1    AN ACT concerning criminal law.
 
2    WHEREAS, To end the last vestiges of slavery and embrace
3the spirit and the promise of the Thirteenth Amendment of the
4United States Constitution, the General Assembly extends the
5Illinois State minimum wage to persons incarcerated in the
6Department of Corrections and the Department of Juvenile
7Justice; therefore
 
8    Be it enacted by the People of the State of Illinois,
9represented in the General Assembly:
 
10    Section 1. This Act may be referred to as the End Prison
11Slavery Act.
 
12    Section 5. The Unified Code of Corrections is amended by
13changing Sections 3-9-2, 3-12-5, and 3-13-5 as follows:
 
14    (730 ILCS 5/3-9-2)  (from Ch. 38, par. 1003-9-2)
15    Sec. 3-9-2. Work Training Programs.
16    (a) The Department of Juvenile Justice, in conjunction with
17the private sector, may establish and offer work training to
18develop work habits and equip persons committed to it with
19marketable skills to aid in their community placement upon
20release. Committed persons participating in this program shall
21be paid wages similar to those of comparable jobs in the

 

 

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1surrounding community, which wages shall not be less than the
2State minimum wage prescribed in Section 4 of the Minimum Wage
3Law. "Work" includes any task assigned to a committed person
4for which a wage would have been due, except for his or her
5status as a committed person. A portion of the wages earned
6shall go to the Department of Juvenile Justice to pay part of
7the committed person's room and board, a portion shall be
8deposited into the Violent Crime Victim's Assistance Fund to
9assist victims of crime, and the remainder shall be placed into
10a savings account for the committed person which shall be given
11to the committed person upon release. The Department shall
12promulgate rules to regulate the distribution of the wages
13earned.
14    (b) The Department of Juvenile Justice may establish
15programs of incentive by achievement, participation in which
16shall be on a voluntary basis, to sell goods or services to the
17public with the net earnings distributed to the program
18participants subject to rules of the Department of Juvenile
19Justice.
20(Source: P.A. 94-696, eff. 6-1-06.)
 
21    (730 ILCS 5/3-12-5)  (from Ch. 38, par. 1003-12-5)
22    Sec. 3-12-5. Compensation. Persons performing a work
23assignment under subsection (a) of Section 3-12-2 shall may
24receive wages under rules and regulations of the Department. In
25determining rates of compensation, the Department shall

 

 

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1consider the effort, skill and economic value of the work
2performed. The compensation paid to a committed person shall
3not be less than the State minimum wage prescribed in Section 4
4of the Minimum Wage Law. "Work" includes any task assigned to a
5committed person for which a wage would have been due, except
6for his or her status as a committed person. Compensation shall
7may be given to persons who participate in other programs of
8the Department. If the committed person files a lawsuit
9determined frivolous under Article XXII of the Code of Civil
10Procedure, 50% of the compensation shall be used to offset the
11filing fees and costs of the lawsuit as provided in that
12Article until all fees and costs are paid in full. All other
13wages shall be deposited in the individual's account under
14rules and regulations of the Department.
15(Source: P.A. 101-235, eff. 1-1-20.)
 
16    (730 ILCS 5/3-13-5)  (from Ch. 38, par. 1003-13-5)
17    Sec. 3-13-5. Wages and Working Conditions.
18    A person on work release shall not be required to work for
19less than the prevailing wage or under worse than prevailing
20working conditions in the area, which shall not be less than
21the State minimum wage prescribed in Section 4 of the Minimum
22Wage Law. "Work" includes any task assigned to a committed
23person for which a wage would have been due, except for his or
24her status as a committed person. The Department shall charge
25businesses reasonable hourly rates for meals and the housing of

 

 

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1committed persons on work release, if applicable.
2(Source: P.A. 77-2097.)
 
3    Section 99. Effective date. This Act takes effect January
41, 2021.