SB2490 94TH GENERAL ASSEMBLY

LRB094 18454 RLC 53768 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2490

Introduced 1/18/2006, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

55 ILCS 5/3-15003.7 new
730 ILCS 5/3-7-2a	from Ch. 38, par. 1003-7-2a
730 ILCS 5/3-7-2c new
730 ILCS 125/16	from Ch. 75, par. 116

Amends the Counties Code. Provides that no person shall possess or use tobacco in any of its forms in an institution or facility of the County Department of Corrections. Amends the Unified Code of Corrections. Provides that no person shall possess or use tobacco in any of its forms in an institution or facility of the Department. Deletes a provision requiring the selling prices for all goods to be sufficient to cover the costs of the goods and an additional charge of up to 35% for tobacco products if the facility maintains a commissary or commissaries. Amends the County Jail Act. Provides that the Warden of the jail or other person shall not permit any person to possess or use tobacco in any of its forms in the jail. Effective January 1, 2007, except that the changes to the Counties Code are effective July 1, 2007.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by adding Section 3-15003.7 as follows:

(55 ILCS 5/3-15003.7 new)

Sec. 3-15003.7. Facilities; tobacco prohibited. No person shall possess or use tobacco in any of its forms in an institution or facility of the Department.

Section 10. The Unified Code of Corrections is amended by changing Section 3-7-2a and by adding Section 3-7-2c as follows:

(730 ILCS 5/3-7-2a) (from Ch. 38, par. 1003-7-2a)

Sec. 3-7-2a. If a facility maintains a commissary or commissaries, the selling prices for all goods shall be sufficient to cover the costs of the goods and an additional charge of up to 35% for tobacco products and up to 25% for non-tobacco products. The amount of the additional charges for goods sold at commissaries shall be based upon the amount necessary to pay for the wages and benefits of commissary employees who are employed in commissary facilities of the Department. The Department shall determine the additional charges upon any changes in wages and benefits of commissary employees as negotiated in the collective bargaining agreement. A compliance audit of all commissaries and the distribution of commissary funds shall be included in the regular compliance audit of the Department conducted by the Auditor General in accordance with the Illinois State Auditing Act.

Items purchased for sale at any such commissary shall be purchased, wherever possible, at wholesale costs. If a facility maintains a commissary or commissaries as of the effective date of this amendatory Act of the 93rd General Assembly, the Department may not contract with a private contractor or vendor to operate, manage, or perform any portion of the commissary services. The Department may not enter into any such contract for commissary services at a facility that opens subsequent to the effective date of this amendatory Act of the 93rd General Assembly.

(Source: P.A. 93-607, eff. 1-1-04.)

(730 ILCS 5/3-7-2c new)

Sec. 3-7-2c. Facilities; smoking ban. No person shall possess or use tobacco in any of its forms in an institution or facility of the Department.

Section 15. The County Jail Act is amended by changing Section 16 as follows:

(730 ILCS 125/16) (from Ch. 75, par. 116)

Sec. 16. Alcohol, controlled substances, and tobacco prohibited.

(a) The Warden of the jail or other person shall not permit any prisoner to send for or have any alcoholic beverages or controlled substances except when prescribed by a physician as medicine.

(b) The Warden of the jail or other person shall not permit any person to possess or use tobacco in any of its forms in the jail.

(Source: P.A. 83-1073.)

Section 99. Effective date. This Act takes effect on January 1, 2007, except that the changes to Division 3-15 of Article 3 of the Counties Code take effect on July 1, 2007.