Rep. Thomas M. Bennett

Filed: 3/22/2018

 

 


 

 


 
10000HB4199ham001LRB100 15653 RLC 37451 a

1
AMENDMENT TO HOUSE BILL 4199

2    AMENDMENT NO. ______. Amend House Bill 4199 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5adding Section 3-12-17 as follows:
 
6    (730 ILCS 5/3-12-17 new)
7    Sec. 3-12-17. Correctional industries enhancement program.
8    (a) The Department, through its Illinois Correctional
9Industries division, may operate or contract with the private
10sector for substantial involvement in a correctional
11industries enhancement program that includes, but is not
12limited to, contracts for the operation of a direct private
13sector business within a correctional institution and the
14hiring of committed persons.
15    (b) The purposes and objectives of this program are to:
16        (1) increase the benefits to the general public by

 

 

10000HB4199ham001- 2 -LRB100 15653 RLC 37451 a

1    reimbursing the State for a portion of the costs of
2    incarceration;
3        (2) provide purposeful work for committed persons;
4        (3) increase job skills of committed persons;
5        (4) provide additional opportunities for
6    rehabilitating committed persons who are otherwise
7    ineligible to work outside correctional institutions, such
8    as committed persons incarcerated in maximum security
9    facilities;
10        (5) develop and establish new models for
11    correctional-based businesses that create jobs
12    approximating conditions of private sector employment;
13        (6) substantially involve the private sector and its
14    capital, management skills, and expertise in the design,
15    development, and operation of correctional-based
16    businesses;
17        (7) provide the financial basis for a committed person
18    to contribute to the support of his or her family;
19        (8) provide for the payment of State and federal taxes
20    on a committed person's wages, which are paid at the rate
21    of the prevailing or minimum wage rate; and
22        (9) provide savings for the committed person to have
23    available for his or her use upon the committed person's
24    eventual release from the correctional institution;
25    (c) Any contract authorized under a correctional
26industries enhancement program must be in compliance with

 

 

10000HB4199ham001- 3 -LRB100 15653 RLC 37451 a

1federal law governing committed person work programs.
2    (d) Any contract authorized under a correctional
3industries enhancement program shall not result in the
4significant displacement of employed workers in the community.
5    (e) The Department may take deductions from committed
6person worker wages, but permissible deductions are limited to
7taxes, room and board, family support, and victim compensation.
8If victim compensation deductions are taken, the Department
9must provide written assurances that the deductions will be not
10less than 5% and not more than 20% of gross wages and that
11deductions for all purposes will not total more than 80% of
12gross wages.
13    (f) Written proof of compliance with the National
14Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is
15required prior to program startup.
16    (g) Organized labor and local private industry must be
17consulted prior to any business startup.
18    (h) Committed person workers must receive wages at a rate
19not less than that paid for work of a similar nature in the
20locality in which the work is performed.
21    (i) Committed person worker participation must be
22voluntary.
23    (j) Notwithstanding any other law to the contrary, private
24sector employers shall provide workers' compensation coverage
25to committed persons who participate in a correctional
26industries enhancement program under this Section.".