Sen. Robert F. Martwick

Filed: 4/5/2024

 

 


 

 


 
10300SB3615sam001LRB103 37237 RLC 71851 a

1
AMENDMENT TO SENATE BILL 3615

2    AMENDMENT NO. ______. Amend Senate Bill 3615 by replacing
3everything after the enacting clause with the following:
 
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,

 

 

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1including, but not limited to, transaction fees, associated
2with maintaining the account. Any interest or other income
3which may be earned from moneys deposited with the Department
4by a resident of the Department of Juvenile Justice in excess
5of $200 shall accrue to the individual's account if the
6monthly interest attributable to an individual's account
7exceeds $1. All other , or in balances up to $200 shall accrue
8to the Residents' Benefit Fund. For an individual in an
9institution or facility of the Department of Corrections the
10interest shall accrue to the Residents' Benefit Fund. The
11Department shall disburse all moneys so held no later than the
12person's final discharge from the Department. Moneys in the
13account of a committed person who files a lawsuit determined
14frivolous under Article XXII of the Code of Civil Procedure
15shall be deducted to pay for the filing fees and cost of the
16suit as provided in that Article. The Department shall under
17rules and regulations record and receipt all personal property
18not allowed to committed persons. The Department shall return
19such property to the individual no later than the person's
20release on parole or aftercare.
21    (b) Any money held in accounts of committed persons
22separated from the Department by death, discharge, or
23unauthorized absence and unclaimed for a period of 1 year
24thereafter by the person or his legal representative shall be
25transmitted to the State Treasurer who shall deposit it into
26the General Revenue Fund. Articles of personal property of

 

 

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1persons so separated may be sold or used by the Department if
2unclaimed for a period of 1 year for the same purpose.
3Clothing, if unclaimed within 30 days, may be used or disposed
4of as determined by the Department.
5    (c) Forty percent of the profits on sales from commissary
6stores shall be expended by the Department for the special
7benefit of committed persons which shall include but not be
8limited to the advancement of inmate payrolls, for the special
9benefit of employees, and for the advancement or reimbursement
10of employee travel, provided that amounts expended for
11employees shall not exceed the amount of profits derived from
12sales made to employees by such commissaries, as determined by
13the Department. The remainder of the profits from sales from
14commissary stores must be used first to pay for wages and
15benefits of employees covered under a collective bargaining
16agreement who are employed at commissary facilities of the
17Department and then to pay the costs of dietary staff.
18    (d) The Department shall confiscate any unauthorized
19currency found in the possession of a committed person. The
20Department shall transmit the confiscated currency to the
21State Treasurer who shall deposit it into the General Revenue
22Fund.
23(Source: P.A. 97-1083, eff. 8-24-12; 98-558, eff. 1-1-14.)".