Full Text of HB1994 96th General Assembly
HB1994enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning Illinois Correctional Industries.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Procurement Code is amended by | 5 |
| changing Section 45-30 as follows:
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| (30 ILCS 500/45-30)
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| Sec. 45-30. Illinois Correctional industries. | 8 |
| Notwithstanding anything to the
contrary in other law, the | 9 |
| chief procurement officer of the Department of Central | 10 |
| Management Services shall, in consultation
with Illinois | 11 |
| Correctional Industries the Department of Corrections , | 12 |
| determine for all State agencies which articles, materials,
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| industry related services, food stuffs, and finished goods | 14 |
| supplies that are produced or
manufactured by inmate workers | 15 |
| employed in Illinois Correctional Industries programs persons | 16 |
| confined in institutions and facilities of the
Department of | 17 |
| Corrections shall be purchased from Illinois Correctional | 18 |
| Industries given preference by purchasing agencies
procuring | 19 |
| those items .
The chief procurement officer of Central | 20 |
| Management Services shall develop and distribute to the various
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| purchasing and using agencies a listing of all Illinois | 22 |
| Correctional Industries products and procedures for | 23 |
| implementing this Section.
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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| Section 10. The Unified Code of Corrections is amended by | 3 |
| changing Sections 3-12-2, 3-12-3a, 3-12-6, and 3-12-7 as | 4 |
| follows:
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| (730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)
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| Sec. 3-12-2. Types of employment.
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| (a) The Department shall provide inmate workers for | 8 |
| Illinois Correctional Industries to work in programs | 9 |
| established to The Department may establish, maintain, train | 10 |
| and employ committed
persons in industries for the production | 11 |
| of food products and finished goods and any articles, materials | 12 |
| or supplies for
resale to State agencies and authorized | 13 |
| purchasers. It may also employ committed persons on public
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| works, buildings and property, the conservation of natural | 15 |
| resources of the
State, anti-pollution or environmental | 16 |
| control projects, or for other public
purposes, for the | 17 |
| maintenance of the Department's buildings and properties and
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| for the production of food or other necessities for its | 19 |
| programs. The
Department may establish, maintain and employ | 20 |
| committed persons in the
production of vehicle registration | 21 |
| plates. A committed person's labor shall
not be sold, | 22 |
| contracted or hired out by the Department except under this
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| Article and under Section 3-9-2.
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| (b) Works of art, literature, handicraft or other items |
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| produced by
committed persons as an avocation and not as a | 2 |
| product of a work program of the
Department may be sold to the | 3 |
| public under rules and regulations established by
the | 4 |
| Department. The cost of selling such products may be deducted | 5 |
| from the
proceeds, and the balance shall be credited to the | 6 |
| person's account under
Section 3-4-3. The Department shall | 7 |
| notify the Attorney General of the
existence of any proceeds | 8 |
| which it believes should be applied towards a
satisfaction, in | 9 |
| whole or in part, of the person's incarceration costs.
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| (Source: P.A. 94-1017, eff. 7-7-06.)
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| (730 ILCS 5/3-12-3a) (from Ch. 38, par. 1003-12-3a)
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| Sec. 3-12-3a. (a) Contracts , leases and business | 13 |
| agreements. The
Department shall may enter into a contract , | 14 |
| lease
or any other type of business
agreement with Illinois | 15 |
| Correctional Industries , not to exceed 20 years, with any | 16 |
| private corporation,
partnership, person or other
business | 17 |
| entity
for the purpose of utilizing committed persons in the
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| manufacture of food products, finished goods or wares of | 19 |
| Illinois Correctional Industries. , in the provision of | 20 |
| services or for any
other business or commercial enterprise | 21 |
| deemed by the Department to be
consistent with proper training | 22 |
| and rehabilitation of committed persons.
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| Illinois Correctional Industries' spending authority shall | 24 |
| be separate and apart from the Department's budget and | 25 |
| appropriations. Control of Illinois Correctional Industries |
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| accounting processes and budget requests to the General | 2 |
| Assembly, other budgetary processes, audits by the Office of | 3 |
| the Auditor General, and computer processes shall be returned | 4 |
| to Illinois Correctional Industries. | 5 |
| (b) The Department shall be permitted to construct | 6 |
| buildings on State
property for the purposes identified in | 7 |
| subsection (a) and to lease for a
period not to exceed 20 years | 8 |
| any building or portion thereof on State
property for the | 9 |
| purposes identified in subsection (a).
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| (c) Any contract , lease or other business agreement | 11 |
| referenced in
subsection (a) , shall include a provision | 12 |
| requiring that all committed
persons assigned receive in | 13 |
| connection with their assignment such
vocational training | 14 |
| and/or apprenticeship programs as the Department deems | 15 |
| appropriate.
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| (d) Committed persons assigned in accordance with this | 17 |
| Section shall be
compensated in accordance with the provisions | 18 |
| of Section 3-12-5.
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| (Source: P.A. 86-450.)
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| (730 ILCS 5/3-12-6) (from Ch. 38, par. 1003-12-6)
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| Sec. 3-12-6. Programs. Industrial Production; Location; | 22 |
| Assignment. Illinois Correctional Industries shall establish | 23 |
| commercial, business, and manufacturing programs on behalf of | 24 |
| the State of Illinois for the sale of finished goods and | 25 |
| processed food and beverages to the State, its political units, |
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| its agencies, and public institutions. Illinois Correctional | 2 |
| Industries shall establish, operate, and maintain | 3 |
| manufacturing and food and beverage production in the | 4 |
| Department of Corrections facilities and provide food for the | 5 |
| Department of Corrections institutions and for the mental | 6 |
| health and developmental disabilities institutions of the | 7 |
| Department of Human Services and the institutions of the | 8 |
| Department of Veterans' Affairs for consumption in those | 9 |
| agencies' institutions. | 10 |
| Illinois Correctional Industries shall be administered by | 11 |
| a chief executive officer. The chief executive officer shall | 12 |
| report to the Director of the Department. The Director may not | 13 |
| delegate direction of Illinois Correctional Industries | 14 |
| management and fiscal processes formally or indirectly to any | 15 |
| other division, component, or contractor of the Department. The | 16 |
| chief executive officer shall be responsible for all persons | 17 |
| assigned to the institution or facility that are employed in | 18 |
| Industries programs. The chief executive officer shall | 19 |
| administer the commercial and business programs for inmate | 20 |
| workers in the custody of the Department of Corrections. | 21 |
| The chief executive officer shall have such assistants as | 22 |
| are required for sales staff, manufacturing, budget, fiscal, | 23 |
| accounting, computer, human services, and personnel as | 24 |
| necessary to run its commercial and business programs. | 25 |
| The Department shall establish or cause to be established | 26 |
| industrial
production at its institutions and facilities to |
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| secure the most
practical and efficient use of labor. The | 2 |
| office for coordinating such industrial
production Illinois | 3 |
| Correctional Industries shall be located in Springfield. The | 4 |
| chief executive officer of Illinois Correctional Industries
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| shall assign its personnel to
direct the production of goods | 6 |
| and shall employ committed persons
assigned by the chief | 7 |
| administrative officer. The Department of Corrections may also
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| direct such vocational programs that the Department deems | 9 |
| necessary for the rehabilitation of inmates. Such programs | 10 |
| shall not compete, interfere, or be in conflict with the | 11 |
| missions and programs of Illinois Correctional Industries as | 12 |
| the institution or facility may
require as a part of the | 13 |
| employment program .
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| (Source: P.A. 80-728.)
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| (730 ILCS 5/3-12-7) (from Ch. 38, par. 1003-12-7)
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| Sec. 3-12-7. Purchasers; Allocation. | 17 |
| (a) The State, its political
units, its agencies and public | 18 |
| institutions shall purchase from Illinois Correctional | 19 |
| Industries the
Department all manufactured goods, articles, | 20 |
| materials, industry related services, food
stuffs, and | 21 |
| supplies required by them which are produced or
manufactured by | 22 |
| persons confined in institutions and facilities of the
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| Department that are employed in Illinois Correctional | 24 |
| Industries programs . The Secretary of State may purchase from | 25 |
| the Department
vehicle registration plates produced by persons |
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| confined in institutions
and facilities of the Department. The | 2 |
| Secretary shall determine reasonable
specifications and prices | 3 |
| of such vehicle registration plates as agreed
upon with the | 4 |
| Department. Not-for-profit corporations chartered in Illinois
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| or other States may purchase such goods and services. Units of | 6 |
| the Federal
government and units of government in other States | 7 |
| may also purchase such
goods and services. All entities which | 8 |
| contract with the State, its
political units, its agencies, its | 9 |
| public institutions or not-for-profit
corporations chartered | 10 |
| in Illinois , may purchase goods or services from the
Department | 11 |
| which are used in the performance of such contracts. Nothing
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| shall prohibit the Department from bidding on portions of a | 13 |
| State contract
which are subcontracted by the primary | 14 |
| contractor. The public may purchase
crushed limestone and lime | 15 |
| dust for agricultural and horticultural purposes
and hardwood. | 16 |
| Illinois Correctional Industries The Department may also sell | 17 |
| grain from its agricultural
operations on the open market. All | 18 |
| other articles, materials, industry
related services, food | 19 |
| stuffs and supplies which are produced or
manufactured by | 20 |
| persons confined in institutions and facilities of the
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| Department shall be available for sale on the open market.
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| (b) Allocation of goods shall be made in the following | 23 |
| manner:
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| (1) first, for needs of the Department of Corrections and | 25 |
| the Department of Human Services ;
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| (2) second, for the State, its agencies and public |
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| institutions;
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| (3) third, for those political subdivisions of the State | 3 |
| and their
agencies in which the producing institution or | 4 |
| facility of the
Department is located;
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| (4) fourth, for other political subdivisions of the State | 6 |
| and their
agencies and public institutions;
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| (5) fifth, for sale on the open market;
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| (6) sixth, for not for profit corporations chartered in | 9 |
| Illinois;
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| (7) seventh, for units of government in other states;
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| (8) eighth, for units of the Federal government;
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| (9) ninth, for not-for-profit organizations chartered in | 13 |
| other
states;
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| (10) tenth, all other permitted purchasers.
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| (c) Exemption from required purchases shall be on | 16 |
| certification of
Illinois Correctional Industries the | 17 |
| Department that the items to be purchased requested are
not | 18 |
| manufactured by Illinois Correctional Industries then | 19 |
| available .
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| (Source: P.A. 86-450.)
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| (730 ILCS 5/3-12-12 rep.)
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| Section 15. The Unified Code of Corrections is amended by | 23 |
| repealing Section 3-12-12. |
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