Public Act 93-0607
SB629 Enrolled LRB093 08425 RLC 08647 b
AN ACT concerning prisons.
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 Sections 3-4-3 and 3-7-2a as follows:
(730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3)
Sec. 3-4-3. Funds and Property of Persons Committed.
(a) The Department shall establish accounting records
with accounts for each person who has or receives money while
in an institution or facility of the Department and it shall
allow the withdrawal and disbursement of money by the person
under rules and regulations of the Department. Any interest
or other income from moneys deposited with the Department by
a resident of the Juvenile Division in excess of $200 shall
accrue to the individual's account, or in balances up to $200
shall accrue to the Residents' Benefit Fund. For an
individual in an institution or facility of the Adult
Division the interest shall accrue to the Residents' Benefit
Fund. The Department shall disburse all moneys so held no
later than the person's final discharge from the Department.
Moneys in the account of a committed person who files a
lawsuit determined frivolous under Article XXII of the Code
of Civil Procedure shall be deducted to pay for the filing
fees and cost of the suit as provided in that Article. The
Department shall under rules and regulations record and
receipt all personal property not allowed to committed
persons. The Department shall return such property to the
individual no later than the person's release on parole.
(b) Any money held in accounts of committed persons
separated from the Department by death, discharge, or
unauthorized absence and unclaimed for a period of 1 year
thereafter by the person or his legal representative shall be
transmitted to the State Treasurer who shall deposit it into
the General Revenue Fund. Articles of personal property of
persons so separated may be sold or used by the Department if
unclaimed for a period of 1 year for the same purpose.
Clothing, if unclaimed within 30 days, may be used or
disposed of as determined by the Department.
(c) Forty percent of the profits on sales from
commissary stores shall be expended by the Department for the
special benefit of committed persons which shall include but
not be limited to the advancement of inmate payrolls, for the
special benefit of employees, and for the advancement or
reimbursement of employee travel, provided that amounts
expended for employees shall not exceed the amount of profits
derived from sales made to employees by such commissaries, as
determined by the Department. The remainder of the profits
from sales from commissary stores must be used first to pay
for wages and benefits of employees covered under a
collective bargaining agreement who are employed at
commissary facilities of the Department and then to pay the
costs of dietary staff.
(d) The Department shall confiscate any unauthorized
currency found in the possession of a committed person. The
Department shall transmit the confiscated currency to the
State Treasurer who shall deposit it into the General Revenue
Fund.
(Source: P.A. 89-689, eff. 12-31-96; 90-505, eff. 8-19-97.)
(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 from 3% through 10%. 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. 82-652.)