SB3615 EngrossedLRB103 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. The Department of
14Juvenile Justice shall not be required to keep such deposited
15moneys in an interest-bearing bank account unless the annual
16interest earned would exceed the total annual costs and fees,
17including, but not limited to, transaction fees, associated
18with maintaining the account. Any interest or other income
19which may be earned from moneys deposited with the Department
20by a resident of the Department of Juvenile Justice in excess
21of $200 shall accrue to the individual's account if the
22monthly interest attributable to an individual's account
23exceeds $1. All other , or in balances up to $200 shall accrue

 

 

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

 

 

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1limited to the advancement of inmate payrolls, for the special
2benefit of employees, and for the advancement or reimbursement
3of employee travel, provided that amounts expended for
4employees shall not exceed the amount of profits derived from
5sales made to employees by such commissaries, as determined by
6the Department. The remainder of the profits from sales from
7commissary stores must be used first to pay for wages and
8benefits of employees covered under a collective bargaining
9agreement who are employed at commissary facilities of the
10Department and then to pay the costs of dietary staff.
11    (d) The Department shall confiscate any unauthorized
12currency found in the possession of a committed person. The
13Department shall transmit the confiscated currency to the
14State Treasurer who shall deposit it into the General Revenue
15Fund.
16(Source: P.A. 97-1083, eff. 8-24-12; 98-558, eff. 1-1-14.)