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Public Act 096-0943
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| HB4798 Enrolled |
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 |
of the 96th General Assembly that
are changed by this |
amendatory Act of the 96th
General Assembly become law, the |
Illinois Procurement Code is amended by 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. |
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, a division of the Illinois Department |
of Corrections (referred to as the "Illinois Correctional |
Industries" or "ICI") determine for all State agencies which |
articles, materials,
industry related services, food stuffs, |
and finished goods that are produced or
manufactured by persons |
confined in institutions and facilities of the Department of |
Corrections who are participating inmate workers employed in |
Illinois Correctional Industries programs shall be purchased |
from Illinois Correctional Industries.
The chief procurement |
officer of Central Management Services shall develop and |
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distribute to the various
purchasing and using agencies a |
listing of all Illinois Correctional Industries products and |
procedures for implementing this Section.
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(Source: P.A. 90-572, eff. date - See Sec. 99-5; 96HB1994 |
enrolled.)
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Section 10. If and only if the provisions of
House Bill |
1994 of the 96th General Assembly that
are changed by this |
amendatory Act of the 96th
General Assembly become law, 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:
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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 |
Illinois Correctional Industries to work in programs |
established to train and employ committed
persons in the |
production of food stuffs 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 |
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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.
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(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.
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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 |
agreements. The
Department shall promulgate such rules and |
policies as it deems necessary to establish, manage, and |
operate its Illinois Correctional Industries division enter |
into a contract
or other type of business
agreement with |
Illinois Correctional Industries
for the purpose of utilizing |
committed persons in the
manufacture of food stuffs products, |
finished goods or wares. To the extent not inconsistent with |
the function and role of the ICI, the Department may enter into |
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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 of Illinois Correctional Industries.
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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).
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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 |
committed
persons assigned receive in connection with their |
assignment such
vocational training and/or apprenticeship |
programs as the Department deems appropriate.
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(d) Committed persons assigned in accordance with this |
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 |
Industries division, the Department 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 other 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 |
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Industries programs. The chief executive officer shall |
administer the commercial and business programs of ICI 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. |
Illinois Correctional Industries shall have a financial |
officer who shall report to the chief executive officer. The |
financial officer shall: (i) assist in the development and |
presentation of the Department budget submission; (ii) manage |
and control the spending authority of ICI; and (iii) provide |
oversight of the financial activities of ICI, both internally |
and through coordination with the Department fiscal operations |
personnel, including accounting processes, budget submissions, |
other budgetary processes, audits by the Office of the Auditor |
General, and computer processes. |
Illinois Correctional Industries shall be located in |
Springfield. The chief executive officer of Illinois |
Correctional Industries
shall assign personnel to
direct the |
production of goods and shall employ committed persons
assigned |
by the chief administrative officer. The Department of |
Corrections may
direct such other vocational programs as it |
that the Department deems necessary for the rehabilitation of |
inmates, which shall be separate and apart from, and not . Such |
programs shall not compete, interfere, or be in conflict with, |
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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. |
(a) The State, its political
units, its agencies and other |
public institutions shall purchase from Illinois Correctional |
Industries 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
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shall prohibit the Department from bidding on portions of a |
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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 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.
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(b) Allocation of goods shall be made in the following |
manner:
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(1) first, for needs of the Department of Corrections and |
the Department of Human Services;
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(2) second, for the State, its agencies and public |
institutions;
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(3) third, for those political subdivisions of the State |
and their
agencies in which the producing institution or |
facility of the
Department is located;
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(4) fourth, for other political subdivisions of the State |
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 |
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 |