101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0244

 

Introduced , by Rep. Thomas M. Bennett

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-12-17 new

    Amends the Unified Code of Corrections. Provides that the Department of Corrections, through its Illinois Correctional Industries division, may operate or contract with the private sector for substantial involvement in a correctional industries enhancement program. Sets forth requirements and rules for the correctional industries enhancement program. Provides that the Department may take limited deductions from wages of a committed person worker who participates in the correctional industries enhancement program.


LRB101 04617 SLF 49625 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0244LRB101 04617 SLF 49625 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17    reimbursing the State for a portion of the costs of
18    incarceration;
19        (2) provide purposeful work for committed persons;
20        (3) increase job skills of committed persons;
21        (4) provide additional opportunities for
22    rehabilitating committed persons who are otherwise
23    ineligible to work outside correctional institutions, such

 

 

HB0244- 2 -LRB101 04617 SLF 49625 b

1    as committed persons incarcerated in maximum security
2    facilities;
3        (5) develop and establish new models for
4    correctional-based businesses that create jobs
5    approximating conditions of private sector employment;
6        (6) substantially involve the private sector and its
7    capital, management skills, and expertise in the design,
8    development, and operation of correctional-based
9    businesses;
10        (7) provide the financial basis for a committed person
11    to contribute to the support of his or her family;
12        (8) provide for the payment of State and federal taxes
13    on a committed person's wages, which are paid at the rate
14    of the prevailing or minimum wage rate; and
15        (9) provide savings for the committed person to have
16    available for his or her use upon the committed person's
17    eventual release from the correctional institution.
18    (c) Any contract authorized under a correctional
19industries enhancement program must be in compliance with
20federal law governing committed person work programs.
21    (d) Any contract authorized under a correctional
22industries enhancement program shall not result in the
23significant displacement of employed workers in the community.
24    (e) The Department may take deductions from committed
25person worker wages, but permissible deductions are limited to
26taxes, room and board, family support, and victim compensation.

 

 

HB0244- 3 -LRB101 04617 SLF 49625 b

1If victim compensation deductions are taken, the Department
2must provide written assurances that the deductions will be not
3less than 5% and not more than 20% of gross wages and that
4deductions for all purposes will not total more than 80% of
5gross wages.
6    (f) Written proof of compliance with the National
7Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is
8required prior to program startup.
9    (g) Organized labor and local private industry must be
10consulted prior to any business startup.
11    (h) Committed person workers must receive wages at a rate
12not less than that paid for work of a similar nature in the
13locality in which the work is performed.
14    (i) Committed person worker participation must be
15voluntary.
16    (j) Notwithstanding any other law to the contrary, private
17sector employers shall provide workers' compensation coverage
18to committed persons who participate in a correctional
19industries enhancement program under this Section.