Illinois General Assembly - Full Text of Public Act 096-0877
Illinois General Assembly

Previous General Assemblies

Public Act 096-0877


 

Public Act 0877 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0877
 
HB1994 Re-Enrolled LRB096 05392 RLC 15458 b

    AN ACT concerning Illinois Correctional Industries.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Procurement Code is amended by
changing Section 45-30 as follows:
 
    (30 ILCS 500/45-30)
    Sec. 45-30. Illinois Correctional industries.
Notwithstanding anything to the contrary in other law, the
chief procurement officer of the Department of Central
Management Services shall, in consultation with Illinois
Correctional Industries the Department of Corrections,
determine for all State agencies which articles, materials,
industry related services, food stuffs, and finished goods
supplies that are produced or manufactured by inmate workers
employed in Illinois Correctional Industries programs persons
confined in institutions and facilities of the Department of
Corrections shall be purchased from Illinois Correctional
Industries given preference by purchasing agencies procuring
those items. The chief procurement officer of Central
Management Services shall develop and distribute to the various
purchasing and using agencies a listing of all Illinois
Correctional Industries products and procedures for
implementing this Section.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
    Section 10. The Unified Code of Corrections is amended by
changing Sections 3-12-2, 3-12-3a, 3-12-6, and 3-12-7 as
follows:
 
    (730 ILCS 5/3-12-2)  (from Ch. 38, par. 1003-12-2)
    Sec. 3-12-2. Types of employment.
    (a) The Department shall provide inmate workers for
Illinois Correctional Industries to work in programs
established to The Department may establish, maintain, train
and employ committed persons in industries for the production
of food products and finished goods and any articles, materials
or supplies for resale to State agencies and authorized
purchasers. It may also employ committed persons on public
works, buildings and property, the conservation of natural
resources of the State, anti-pollution or environmental
control projects, or for other public purposes, for the
maintenance of the Department's buildings and properties and
for the production of food or other necessities for its
programs. The Department may establish, maintain and employ
committed persons in the production of vehicle registration
plates. A committed person's labor shall not be sold,
contracted or hired out by the Department except under this
Article and under Section 3-9-2.
    (b) Works of art, literature, handicraft or other items
produced by committed persons as an avocation and not as a
product of a work program of the Department may be sold to the
public under rules and regulations established by the
Department. The cost of selling such products may be deducted
from the proceeds, and the balance shall be credited to the
person's account under Section 3-4-3. The Department shall
notify the Attorney General of the existence of any proceeds
which it believes should be applied towards a satisfaction, in
whole or in part, of the person's incarceration costs.
(Source: P.A. 94-1017, eff. 7-7-06.)
 
    (730 ILCS 5/3-12-3a)  (from Ch. 38, par. 1003-12-3a)
    Sec. 3-12-3a. (a) Contracts, leases and business
agreements. The Department shall may enter into a contract,
lease or any other type of business agreement with Illinois
Correctional Industries , not to exceed 20 years, with any
private corporation, partnership, person or other business
entity for the purpose of utilizing committed persons in the
manufacture of food products, finished goods or wares of
Illinois Correctional Industries. , 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.
    Illinois Correctional Industries' spending authority shall
be separate and apart from the Department's budget and
appropriations. Control of Illinois Correctional Industries
accounting processes and budget requests to the General
Assembly, other budgetary processes, audits by the Office of
the Auditor General, and computer processes shall be returned
to Illinois Correctional Industries.
    (b) The Department shall be permitted to construct
buildings on State property for the purposes identified in
subsection (a) and to lease for a period not to exceed 20 years
any building or portion thereof on State property for the
purposes identified in subsection (a).
    (c) Any contract, lease or other business agreement
referenced in subsection (a), shall include a provision
requiring that all committed persons assigned receive in
connection with their assignment such vocational training
and/or apprenticeship programs as the Department deems
appropriate.
    (d) Committed persons assigned in accordance with this
Section shall be compensated in accordance with the provisions
of Section 3-12-5.
(Source: P.A. 86-450.)
 
    (730 ILCS 5/3-12-6)  (from Ch. 38, par. 1003-12-6)
    Sec. 3-12-6. Programs. Industrial Production; Location;
Assignment. Illinois Correctional Industries shall establish
commercial, business, and manufacturing programs on behalf of
the State of Illinois for the sale of finished goods and
processed food and beverages to the State, its political units,
its agencies, and public institutions. Illinois Correctional
Industries shall establish, operate, and maintain
manufacturing and food and beverage production in the
Department of Corrections facilities and provide food for the
Department of Corrections institutions and for the mental
health and developmental disabilities institutions of the
Department of Human Services and the institutions of the
Department of Veterans' Affairs for consumption in those
agencies' institutions.
    Illinois Correctional Industries shall be administered by
a chief executive officer. The chief executive officer shall
report to the Director of the Department. The Director may not
delegate direction of Illinois Correctional Industries
management and fiscal processes formally or indirectly to any
other division, component, or contractor of the Department. The
chief executive officer shall be responsible for all persons
assigned to the institution or facility that are employed in
Industries programs. The chief executive officer shall
administer the commercial and business programs for inmate
workers in the custody of the Department of Corrections.
    The chief executive officer shall have such assistants as
are required for sales staff, manufacturing, budget, fiscal,
accounting, computer, human services, and personnel as
necessary to run its commercial and business programs.
    The Department shall establish or cause to be established
industrial production at its institutions and facilities to
secure the most practical and efficient use of labor. The
office for coordinating such industrial production Illinois
Correctional Industries shall be located in Springfield. The
chief executive officer of Illinois Correctional Industries It
shall assign its personnel to direct the production of goods
and shall employ committed persons assigned by the chief
administrative officer. The Department of Corrections may also
direct such vocational programs that the Department deems
necessary for the rehabilitation of inmates. Such programs
shall not compete, interfere, or be in conflict with the
missions and programs of Illinois Correctional Industries as
the institution or facility may require as a part of the
employment program.
(Source: P.A. 80-728.)
 
    (730 ILCS 5/3-12-7)  (from Ch. 38, par. 1003-12-7)
    Sec. 3-12-7. Purchasers; Allocation.
    (a) The State, its political units, its agencies and public
institutions shall purchase from Illinois Correctional
Industries the Department all manufactured goods, articles,
materials, industry related services, food stuffs, and
supplies required by them which are produced or manufactured by
persons confined in institutions and facilities of the
Department that are employed in Illinois Correctional
Industries programs. The Secretary of State may purchase from
the Department vehicle registration plates produced by persons
confined in institutions and facilities of the Department. The
Secretary shall determine reasonable specifications and prices
of such vehicle registration plates as agreed upon with the
Department. Not-for-profit corporations chartered in Illinois
or other States may purchase such goods and services. Units of
the Federal government and units of government in other States
may also purchase such goods and services. All entities which
contract with the State, its political units, its agencies, its
public institutions or not-for-profit corporations chartered
in Illinois, may purchase goods or services from the Department
which are used in the performance of such contracts. Nothing
shall prohibit the Department from bidding on portions of a
State contract which are subcontracted by the primary
contractor. The public may purchase crushed limestone and lime
dust for agricultural and horticultural purposes and hardwood.
Illinois Correctional Industries The Department may also sell
grain from its agricultural operations on the open market. All
other articles, materials, industry related services, food
stuffs and supplies which are produced or manufactured by
persons confined in institutions and facilities of the
Department shall be available for sale on the open market.
    (b) Allocation of goods shall be made in the following
manner:
    (1) first, for needs of the Department of Corrections and
the Department of Human Services;
    (2) second, for the State, its agencies and public
institutions;
    (3) third, for those political subdivisions of the State
and their agencies in which the producing institution or
facility of the Department is located;
    (4) fourth, for other political subdivisions of the State
and their agencies and public institutions;
    (5) fifth, for sale on the open market;
    (6) sixth, for not for profit corporations chartered in
Illinois;
    (7) seventh, for units of government in other states;
    (8) eighth, for units of the Federal government;
    (9) ninth, for not-for-profit organizations chartered in
other states;
    (10) tenth, all other permitted purchasers.
    (c) Exemption from required purchases shall be on
certification of Illinois Correctional Industries the
Department that the items to be purchased requested are not
manufactured by Illinois Correctional Industries then
available.
(Source: P.A. 86-450.)
 
    (730 ILCS 5/3-12-12 rep.)
    Section 15. The Unified Code of Corrections is amended by
repealing Section 3-12-12.
 
    Section 99. Effective date. This Act takes effect on July
1, 2010.

Effective Date: 7/1/2010