HB4603 96TH GENERAL ASSEMBLY

LRB096 13508 RLC 28244 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4603

Introduced , by Rep. Bill Mitchell

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-12-5

from Ch. 38, par. 1003-12-5

Amends the Unified Code of Corrections. Provides that committed persons who are not assigned work in a correctional employment program shall receive no pay or other compensation during the period in which they are not assigned work in a Department institution or facility. Effective immediately.

FISCAL NOTE ACT MAY APPLY

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 Unified Code of Corrections is amended by changing Section 3-12-5 as follows:

(730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)

Sec. 3-12-5. Compensation.

(a) Persons performing a work assignment under subsection (a) of Section 3-12-2 may receive wages under rules and regulations of the Department. In determining rates of compensation, the Department shall consider the effort, skill and economic value of the work performed. Compensation may be given to persons who participate in other programs of the Department. Of the compensation earned pursuant to this Section, a portion, as determined by the Department, shall be used to offset the cost of the committed person's incarceration. If the committed person files a lawsuit determined frivolous under Article XXII of the Code of Civil Procedure, 50% of the compensation shall be used to offset the filing fees and costs of the lawsuit as provided in that Article until all fees and costs are paid in full. All other wages shall be deposited in the individual's account under rules and regulations of the Department. The Department shall notify the Attorney General of any compensation applied towards a satisfaction, in whole or in part, of the person's incarceration costs.

(b) Committed persons who are not assigned work under subsection (a) of Section 3-12-2 shall receive no pay or other compensation during the period in which they are not assigned work in a Department institution or facility.

(Source: P.A. 94-1017, eff. 7-7-06.)

Section 99. Effective date. This Act takes effect upon becoming law.