103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3615

 

Introduced 2/9/2024, by Sen. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-4-3  from Ch. 38, par. 1003-4-3

    Amends the Unified Code of Corrections. Provides that interest or other income which may be earned from moneys deposited with the Department of Juvenile Justice by a resident of the Department of Juvenile Justice shall accrue to the Residents' Benefit Fund (rather than providing that interest or other income from moneys deposited with the Department of Juvenile Justice by a resident of the Department in excess of $200 shall accrue to the individual's account, or in balances up to $200 shall accrue to the Residents' Benefit Fund).


LRB103 37237 RLC 67357 b

 

 

A BILL FOR

 

SB3615LRB103 37237 RLC 67357 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-4-3 as follows:
 
6    (730 ILCS 5/3-4-3)  (from Ch. 38, par. 1003-4-3)
7    Sec. 3-4-3. Funds and Property of Persons Committed.
8    (a) The Department of Corrections and the Department of
9Juvenile Justice shall establish accounting records with
10accounts for each person who has or receives money while in an
11institution or facility of that Department and it shall allow
12the withdrawal and disbursement of money by the person under
13rules and regulations of that Department. Any interest or
14other income which may be earned from moneys deposited with
15the Department by a resident of the Department of Juvenile
16Justice in excess of $200 shall accrue to the individual's
17account, or in balances up to $200 shall accrue to the
18Residents' Benefit Fund. For an individual in an institution
19or facility of the Department of Corrections the interest
20shall accrue to the Residents' Benefit Fund. The Department
21shall disburse all moneys so held no later than the person's
22final discharge from the Department. Moneys in the account of
23a committed person who files a lawsuit determined frivolous

 

 

SB3615- 2 -LRB103 37237 RLC 67357 b

1under Article XXII of the Code of Civil Procedure shall be
2deducted to pay for the filing fees and cost of the suit as
3provided in that Article. The Department shall under rules and
4regulations record and receipt all personal property not
5allowed to committed persons. The Department shall return such
6property to the individual no later than the person's release
7on parole or aftercare.
8    (b) Any money held in accounts of committed persons
9separated from the Department by death, discharge, or
10unauthorized absence and unclaimed for a period of 1 year
11thereafter by the person or his legal representative shall be
12transmitted to the State Treasurer who shall deposit it into
13the General Revenue Fund. Articles of personal property of
14persons so separated may be sold or used by the Department if
15unclaimed for a period of 1 year for the same purpose.
16Clothing, if unclaimed within 30 days, may be used or disposed
17of as determined by the Department.
18    (c) Forty percent of the profits on sales from commissary
19stores shall be expended by the Department for the special
20benefit of committed persons which shall include but not be
21limited to the advancement of inmate payrolls, for the special
22benefit of employees, and for the advancement or reimbursement
23of employee travel, provided that amounts expended for
24employees shall not exceed the amount of profits derived from
25sales made to employees by such commissaries, as determined by
26the Department. The remainder of the profits from sales from

 

 

SB3615- 3 -LRB103 37237 RLC 67357 b

1commissary stores must be used first to pay for wages and
2benefits of employees covered under a collective bargaining
3agreement who are employed at commissary facilities of the
4Department and then to pay the costs of dietary staff.
5    (d) The Department shall confiscate any unauthorized
6currency found in the possession of a committed person. The
7Department shall transmit the confiscated currency to the
8State Treasurer who shall deposit it into the General Revenue
9Fund.
10(Source: P.A. 97-1083, eff. 8-24-12; 98-558, eff. 1-1-14.)