Full Text of HB4798 96th General Assembly
HB4798 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4798
Introduced 1/12/2010, by Rep. Frank J. Mautino SYNOPSIS AS INTRODUCED: |
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30 ILCS 500/45-30 |
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730 ILCS 5/3-12-2 |
from Ch. 38, par. 1003-12-2 |
730 ILCS 5/3-12-3a |
from Ch. 38, par. 1003-12-3a |
730 ILCS 5/3-12-6 |
from Ch. 38, par. 1003-12-6 |
730 ILCS 5/3-12-7 |
from Ch. 38, par. 1003-12-7 |
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Amends the Illinois Procurement Code and the Unified Code of Corrections. Provides that if and only if the provisions of
House Bill 1994 of the 96th General Assembly that
are changed by the amendatory Act become law, to the extent not inconsistent with the function and role of the Illinois Correctional Industries, the Department may enter into a contract, lease, or other type of business agreement, not to exceed 20 years, with any private corporation, partnership, person, or other business entity for the purpose of utilizing committed persons in the provision of services or for any other business or commercial enterprise deemed by the Department to be consistent with proper training and rehabilitation of committed persons. Provides that Illinois Correctional Industries shall have a chief financial officer who shall report to the chief executive officer. Effective July 1, 2010.
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A BILL FOR
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HB4798 |
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LRB096 15301 RLC 30418 b |
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| AN ACT concerning corrections.
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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. If and only if the provisions of
House Bill 1994 | 5 |
| of the 96th General Assembly that
are changed by this | 6 |
| amendatory Act of the 96th
General Assembly become law, the | 7 |
| Illinois Procurement Code is amended by changing Section 45-30 | 8 |
| as follows:
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| (30 ILCS 500/45-30)
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| Sec. 45-30. Illinois Correctional industries. | 11 |
| Notwithstanding anything to the
contrary in other law, the | 12 |
| chief procurement officer of the Department of Central | 13 |
| Management Services shall, in consultation
with Illinois | 14 |
| Correctional Industries, a division of the Illinois Department | 15 |
| of Corrections (referred to as the "Illinois Correctional | 16 |
| Industries" or "ICI") determine for all State agencies which | 17 |
| articles, materials,
industry related services, food stuffs, | 18 |
| and finished goods that are produced or
manufactured by persons | 19 |
| confined in institutions and facilities of the Department of | 20 |
| Corrections who are participating inmate workers employed in | 21 |
| Illinois Correctional Industries programs shall be purchased | 22 |
| from Illinois Correctional Industries.
The chief procurement | 23 |
| officer of Central Management Services shall develop and |
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| distribute to the various
purchasing and using agencies a | 2 |
| listing of all Illinois Correctional Industries products and | 3 |
| procedures for implementing this Section.
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5; 96HB1994 | 5 |
| enrolled.)
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| Section 10. If and only if the provisions of
House Bill | 7 |
| 1994 of the 96th General Assembly that
are changed by this | 8 |
| amendatory Act of the 96th
General Assembly become law, the | 9 |
| Unified Code of Corrections is amended by changing Sections | 10 |
| 3-12-2, 3-12-3a, 3-12-6, and 3-12-7 as 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 | 14 |
| Illinois Correctional Industries to work in programs | 15 |
| established to train and employ committed
persons in the | 16 |
| production of food products and finished goods and any | 17 |
| articles, materials or supplies for
resale to State agencies | 18 |
| and authorized purchasers. It may also employ committed persons | 19 |
| on public
works, buildings and property, the conservation of | 20 |
| natural resources of the
State, anti-pollution or | 21 |
| environmental control projects, or for other public
purposes, | 22 |
| for the maintenance of the Department's buildings and | 23 |
| properties and
for the production of food or other necessities | 24 |
| for its programs. The
Department may establish, maintain and |
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| employ committed persons in the
production of vehicle | 2 |
| registration plates. A committed person's labor shall
not be | 3 |
| sold, contracted or hired out by the Department except under | 4 |
| this
Article and under Section 3-9-2 .
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| (b) Works of art, literature, handicraft or other items | 6 |
| produced by
committed persons as an avocation and not as a | 7 |
| product of a work program of the
Department may be sold to the | 8 |
| public under rules and regulations established by
the | 9 |
| Department. The cost of selling such products may be deducted | 10 |
| from the
proceeds, and the balance shall be credited to the | 11 |
| person's account under
Section 3-4-3. The Department shall | 12 |
| notify the Attorney General of the
existence of any proceeds | 13 |
| which it believes should be applied towards a
satisfaction, in | 14 |
| whole or in part, of the person's incarceration costs.
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| (Source: P.A. 94-1017, eff. 7-7-06; 96HB1994 enrolled.)
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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 | 18 |
| agreements. The
Department shall promulgate such rules and | 19 |
| policies as it deems necessary to establish, manage, and | 20 |
| operate its Illinois Correctional Industries division enter | 21 |
| into a contract
or other type of business
agreement with | 22 |
| Illinois Correctional Industries
for the purpose of utilizing | 23 |
| committed persons in the
manufacture of food products, finished | 24 |
| goods or wares . To the extent not inconsistent with the | 25 |
| function and role of the ICI, the Department may enter into a |
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| contract, lease, or other type of business agreement, not to | 2 |
| exceed 20 years, with any private corporation, partnership, | 3 |
| person, or other business entity for the purpose of utilizing | 4 |
| committed persons in the provision of services or for any other | 5 |
| business or commercial enterprise deemed by the Department to | 6 |
| be consistent with proper training and rehabilitation of | 7 |
| committed persons of Illinois Correctional Industries .
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| Illinois Correctional Industries' spending authority shall | 9 |
| be separate and apart from the Department's budget and | 10 |
| appropriations. Control of Illinois Correctional Industries | 11 |
| accounting processes and budget requests to the General | 12 |
| Assembly, other budgetary processes, audits by the Office of | 13 |
| the Auditor General, and computer processes shall be returned | 14 |
| to Illinois Correctional Industries. | 15 |
| (b) The Department shall be permitted to construct | 16 |
| buildings on State
property for the purposes identified in | 17 |
| subsection (a) and to lease for a
period not to exceed 20 years | 18 |
| any building or portion thereof on State
property for the | 19 |
| purposes identified in subsection (a).
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| (c) Any contract or other business agreement referenced in
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| subsection (a) shall include a provision requiring that all | 22 |
| committed
persons assigned receive in connection with their | 23 |
| assignment such
vocational training and/or apprenticeship | 24 |
| programs as the Department deems appropriate.
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| (d) Committed persons assigned in accordance with this | 26 |
| Section shall be
compensated in accordance with the provisions |
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| of Section 3-12-5.
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| (Source: P.A. 86-450; 96HB1994 enrolled.)
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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. Through its Illinois Correctional | 5 |
| Industries division, the Department shall establish | 6 |
| commercial, business, and manufacturing programs on behalf of | 7 |
| the State of Illinois for the sale of finished goods and | 8 |
| processed food and beverages to the State, its political units, | 9 |
| its agencies, and other public institutions. Illinois | 10 |
| Correctional Industries shall establish, operate, and maintain | 11 |
| manufacturing and food and beverage production in the | 12 |
| Department of Corrections facilities and provide food for the | 13 |
| Department of Corrections institutions and for the mental | 14 |
| health and developmental disabilities institutions of the | 15 |
| Department of Human Services and the institutions of the | 16 |
| Department of Veterans' Affairs for consumption in those | 17 |
| agencies' institutions . | 18 |
| Illinois Correctional Industries shall be administered by | 19 |
| a chief executive officer. The chief executive officer shall | 20 |
| report to the Director of the Department. The Director may not | 21 |
| delegate direction of Illinois Correctional Industries | 22 |
| management and fiscal processes formally or indirectly to any | 23 |
| other division, component, or contractor of the Department. The | 24 |
| chief executive officer shall be responsible for all persons | 25 |
| assigned to the institution or facility that are employed in |
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| Industries programs. The chief executive officer shall | 2 |
| administer the commercial and business programs of ICI for | 3 |
| inmate workers in the custody of the Department of Corrections. | 4 |
| The chief executive officer shall have such assistants as | 5 |
| are required for sales staff, manufacturing, budget, fiscal, | 6 |
| accounting, computer, human services, and personnel as | 7 |
| necessary to run its commercial and business programs. | 8 |
| Illinois Correctional Industries shall have a chief | 9 |
| financial officer who shall report to the chief executive | 10 |
| officer. The chief financial officer shall: (i) assist in the | 11 |
| development and presentation of the Department budget | 12 |
| submisssion; (ii) manage and control the spending authority of | 13 |
| ICI; and (iii) provide oversight of the financial activities of | 14 |
| ICI, both internally and through coordination with the | 15 |
| Department fiscal operations personnel, including accounting | 16 |
| processes, budget submissions, other budgetary processes, | 17 |
| audits by the Office of the Auditor General, and computer | 18 |
| processes. | 19 |
| Illinois Correctional Industries shall be located in | 20 |
| Springfield. The chief executive officer of Illinois | 21 |
| Correctional Industries
shall assign personnel to
direct the | 22 |
| production of goods and shall employ committed persons
assigned | 23 |
| by the chief administrative officer. The Department of | 24 |
| Corrections may
direct such other vocational programs as it | 25 |
| that the Department deems necessary for the rehabilitation of | 26 |
| inmates , which shall be separate and apart from, and not . Such |
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| programs shall not compete, interfere, or be in conflict with , | 2 |
| the missions and programs of Illinois Correctional Industries.
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| (Source: P.A. 80-728; 96HB1994 enrolled.)
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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. | 6 |
| (a) The State, its political
units, its agencies and other | 7 |
| public institutions shall purchase from Illinois Correctional | 8 |
| Industries all manufactured goods, articles, materials, | 9 |
| industry related services, food
stuffs, and supplies required | 10 |
| by them which are produced or
manufactured by persons confined | 11 |
| in institutions and facilities of the
Department that are | 12 |
| employed in Illinois Correctional Industries programs . The | 13 |
| Secretary of State may purchase from the Department
vehicle | 14 |
| registration plates produced by persons confined in | 15 |
| institutions
and facilities of the Department. The Secretary | 16 |
| shall determine reasonable
specifications and prices of such | 17 |
| vehicle registration plates as agreed
upon with the Department. | 18 |
| Not-for-profit corporations chartered in Illinois
or other | 19 |
| States may purchase such goods and services. Units of the | 20 |
| Federal
government and units of government in other States may | 21 |
| also purchase such
goods and services. All entities which | 22 |
| contract with the State, its
political units, its agencies, its | 23 |
| public institutions or not-for-profit
corporations chartered | 24 |
| in Illinois may purchase goods or services from the
Department | 25 |
| which are used in the performance of such contracts. Nothing
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| shall prohibit the Department from bidding on portions of a | 2 |
| State contract
which are subcontracted by the primary | 3 |
| contractor. The public may purchase
crushed limestone and lime | 4 |
| dust for agricultural and horticultural purposes
and hardwood. | 5 |
| Illinois Correctional Industries may also sell grain from its | 6 |
| agricultural
operations on the open market. All other articles, | 7 |
| materials, industry
related services, food stuffs and supplies | 8 |
| which are produced or
manufactured by persons confined in | 9 |
| institutions and facilities of the
Department shall be | 10 |
| available for sale on the open market.
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| (b) Allocation of goods shall be made in the following | 12 |
| manner:
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| (1) first, for needs of the Department of Corrections and | 14 |
| the Department of Human Services;
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| (2) second, for the State, its agencies and public | 16 |
| institutions;
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| (3) third, for those political subdivisions of the State | 18 |
| and their
agencies in which the producing institution or | 19 |
| facility of the
Department is located;
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| (4) fourth, for other political subdivisions of the State | 21 |
| 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 | 24 |
| 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 | 2 |
| other
states;
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| (10) tenth, all other permitted purchasers.
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| (c) Exemption from required purchases shall be on | 5 |
| certification of
Illinois Correctional Industries that the | 6 |
| items to be purchased are
not manufactured by Illinois | 7 |
| Correctional Industries.
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| (Source: P.A. 86-450; 96HB1994 enrolled.)
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| Section 99. Effective date. This Act takes effect July 1, | 10 |
| 2010.
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