HB6200 EnrolledLRB099 19719 RLC 45164 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 1. Legislative findings and intent. The General
5Assembly finds that the ability of an individual incarcerated
6to maintain contact with the community and family is critical
7to a successful re-entry after release from prison. In
8addition, many incarcerated people are parents. Communication
9has been proven essential to the healthy development of their
10children. Many people are incarcerated far away from where
11their family and friends reside, which in some cases may be a
12country outside the United States. Telephone calls are
13frequently the only method available to maintain vital contact
14with loved ones. The purpose of this legislation is to ensure
15that people incarcerated can maintain contact with their loved
16ones without creating an undue burden on the person
17incarcerated or the recipient of phone calls. The General
18Assembly intends that when determining the best value of a
19telephone service, the lowest possible cost to the telephone
20user shall be emphasized.
 
21    Section 5. The Unified Code of Corrections is amended by
22changing Section 3-4-1 as follows:
 

 

 

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1    (730 ILCS 5/3-4-1)  (from Ch. 38, par. 1003-4-1)
2    Sec. 3-4-1. Gifts and Grants; Special Trusts Funds;
3Department of Corrections Reimbursement and Education Fund.
4    (a) The Department may accept, receive and use, for and in
5behalf of the State, any moneys, goods or services given for
6general purposes of this Code by the federal government or from
7any other source, public or private, including collections from
8inmates, reimbursement of payments under the Workers'
9Compensation Act, and commissions from inmate collect call
10telephone systems under an agreement with the Department of
11Central Management Services. For these purposes the Department
12may comply with such conditions and enter into such agreements
13upon such covenants, terms, and conditions as the Department
14may deem necessary or desirable, if the agreement is not in
15conflict with State law.
16    (a-5) Beginning January 1, 2018, the Department of Central
17Management Services shall contract with the qualified vendor
18who proposes the lowest per minute rate not exceeding 7 cents
19per minute for debit, prepaid, collect calls and who does not
20bill to any party any tax, service charge, or additional fee
21exceeding the per minute rate, including, but not limited to,
22any per call surcharge, account set up fee, bill statement fee,
23monthly account maintenance charge, or refund fee as
24established by the Federal Communications Commission Order for
25state prisons in the Matter of Rates for Interstate Inmate
26Calling Services, Second Report and Order, WC Docket 12-375,

 

 

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1FCC 15-136 (adopted Oct. 22, 2015). Telephone services made
2available through a prepaid or collect call system shall
3include international calls; those calls shall be made
4available at reasonable rates subject to Federal
5Communications Commission rules and regulations, but not to
6exceed 23 cents per minute. This amendatory Act of the 99th
7General Assembly applies to any new or renewal contract for
8inmate calling services.
9    (b) On July 1, 1998, the Department of Corrections
10Reimbursement Fund and the Department of Corrections Education
11Fund shall be combined into a single fund to be known as the
12Department of Corrections Reimbursement and Education Fund,
13which is hereby created as a special fund in the State
14Treasury. The moneys deposited into the Department of
15Corrections Reimbursement and Education Fund shall be
16appropriated to the Department of Corrections for the expenses
17of the Department.
18    The following shall be deposited into the Department of
19Corrections Reimbursement and Education Fund:
20        (i) Moneys received or recovered by the Department of
21    Corrections as reimbursement for expenses incurred for the
22    incarceration of committed persons.
23        (ii) Moneys received or recovered by the Department as
24    reimbursement of payments made under the Workers'
25    Compensation Act.
26        (iii) Moneys received by the Department as commissions

 

 

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1    from inmate collect call telephone systems.
2        (iv) Moneys received or recovered by the Department as
3    reimbursement for expenses incurred by the employment of
4    persons referred to the Department as participants in the
5    federal Job Training Partnership Act programs.
6        (v) Federal moneys, including reimbursement and
7    advances for services rendered or to be rendered and moneys
8    for other than educational purposes, under grant or
9    contract.
10        (vi) Moneys identified for deposit into the Fund under
11    Section 13-44.4 of the School Code.
12        (vii) Moneys in the Department of Corrections
13    Reimbursement Fund and the Department of Corrections
14    Education Fund at the close of business on June 30, 1998.
15(Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98.)
 
16    Section 99. Effective date. This Act takes effect January
171, 2017.