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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CORRECTIONS (730 ILCS 5/) Unified Code of Corrections. 730 ILCS 5/3-3-11.2
(730 ILCS 5/3-3-11.2) (from Ch. 38, par. 1003-3-11.2)
Sec. 3-3-11.2. Force and effect of compact.
When the Governor of this State shall sign and seal the Interstate Compact for Adult Offender Supervision, the Interstate Compact for Juveniles,
or any
compact with any other State, pursuant to the provisions of this Act, such
compact or compacts as between the State of Illinois and such other State
so signing shall have the force and effect of law immediately upon the
enactment by such other State of a law giving it similar effect.
(Source: P.A. 95-937, eff. 8-26-08.)
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730 ILCS 5/3-3-11.3
(730 ILCS 5/3-3-11.3) (from Ch. 38, par. 1003-3-11.3)
Sec. 3-3-11.3.
Compacts for Crime Prevention and Correction.
The Governor of the State of Illinois is further authorized and
empowered to enter into any other agreements or compacts with any of the
United States not inconsistent with the laws of this State or of the
United States, or the other agreeing States, for co-operative effort and
mutual assistance in the prevention of crime and in the enforcement of
the penal laws and policies of the contracting States and to establish
agencies, joint or otherwise, as may be deemed desirable for making
effective such agreements and compacts. The intent and purpose of this
Act is to grant to the Governor of the State of Illinois administrative
power and authority if and when conditions of crime make it necessary to
bind the State in a cooperative effort to reduce crime and to make the
enforcement of the criminal laws of agreeing States more effective, all
pursuant to the consent of the Congress of the United States heretofore
granted.
(Source: P.A. 77-2097.)
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730 ILCS 5/3-3-11.4
(730 ILCS 5/3-3-11.4) (from Ch. 38, par. 1003-3-11.4)
Sec. 3-3-11.4.
Where supervision of an offender is being
administered
pursuant to the Interstate Compact for Adult Offender Supervision, the
appropriate judicial or administrative
authorities in this State shall notify the Compact Administrator of the
sending State whenever, in their view, consideration should be given to
retaking or reincarceration for a parole or probation violation. Prior to
the giving of any such notification, a hearing shall be held within a
reasonable time as to whether there is probable cause to believe that the
offender has violated a condition of his parole
or probation,
unless such hearing is waived by the offender by way of an admission of
guilt. The
appropriate officer or officers of this State shall as soon as practicable,
following termination of any such hearing, report to the sending State,
furnish a copy of the hearing record, and make recommendations regarding
the disposition to be made of the offender.
(Source: P.A. 92-571, eff. 6-26-02.)
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730 ILCS 5/3-3-11.5
(730 ILCS 5/3-3-11.5)
Sec. 3-3-11.5.
Sex offender restrictions.
(a) Definition. For purposes of this Act, a "sex offender" is any person
who has ever been convicted of a sexual offense or attempt to commit a sexual
offense, and sentenced to a term of imprisonment, periodic imprisonment, fine,
probation, conditional discharge or any other form of sentence, or given a
disposition of court supervision for the offense; or adjudicated or found to be
a sexually dangerous person under any law substantially similar to the Sexually
Dangerous Persons Act.
(b) Residency restrictions. No sex offender shall be accepted for
supervised or conditioned residency in Illinois under the Interstate Compact
for Adult Offender Supervision
unless he or she:
(1) Complies with any registration requirements | | imposed by the Sex Offender Registration Act within the times prescribed and with law enforcement agencies designated under that Act;
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(2) Complies with the requirements of paragraph
| | (a)(5) of Section 5-4-3 of the Unified Code of Corrections relating to the submission of blood specimens for genetic marker grouping by persons seeking transfer to or residency in Illinois; and
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(3) Signs a written form approved by the Department
| | of Corrections which, at a minimum, includes the substance of this Section or a summary of it and an acknowledgement that he or she agrees to abide by the conditions set forth in that document and this Section.
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(Source: P.A. 92-571, eff. 6-26-02.)
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730 ILCS 5/3-3-12
(730 ILCS 5/3-3-12) (from Ch. 38, par. 1003-3-12)
Sec. 3-3-12.
Parole Outside State.
The Prisoner Review
Board may assign a non-resident person or a
person whose family, relatives, friends or employer reside
outside of this State, to a person, firm or company in some
state other than Illinois, to serve his parole or mandatory
supervised release pursuant to the Interstate Compact for Adult Offender
Supervision. An inmate so released shall make
regular
monthly reports in writing to the Department or supervising
authority, obey the rules of the Board, obey the laws of such
other state, and in all respects keep faithfully his parole or
mandatory supervised release agreement until discharged. Should
such person violate his agreement, he shall from the date of
such violation be subject to the provisions of Section 3-3-9.
(Source: P.A. 92-571, eff. 6-26-02.)
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730 ILCS 5/3-3-13
(730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
Sec. 3-3-13. Procedure for executive clemency.
(a) Petitions seeking pardon, commutation, or reprieve shall be
addressed to the Governor and filed with the Prisoner Review
Board. The petition shall be in writing and signed by the
person under conviction or by a person on his behalf. It shall
contain a brief history of the case, the reasons for seeking
executive clemency, and other relevant information the Board may require.
(a-5) After a petition has been denied by the Governor, the Board may not
accept a repeat petition for executive clemency for the same person until one
full year has elapsed from the date of the denial. The Chairman of the Board
may waive the one-year requirement if the petitioner offers in writing
new information that was unavailable to the petitioner at the time
of the filing of the prior petition and which the Chairman determines to be
significant. The Chairman also may waive the one-year
waiting period if the petitioner can show that a change in circumstances of a
compelling humanitarian nature has arisen since the denial of the prior
petition.
(b) Notice of the proposed application shall be given by
the Board to the committing court and the state's attorney of
the county where the conviction was had.
(b-5) Victims registered with the Board shall receive reasonable written notice not less than 30 days prior to the executive clemency hearing date. The victim has the right to submit a victim statement to the Prisoner Review Board for consideration at an executive clemency hearing as provided in subsection (c) of this Section. Victim statements provided to the Board shall be confidential and privileged, including any statements received prior to the effective date of this amendatory Act of the 101st General Assembly, except if the statement was an oral statement made by the victim at a hearing open to the public. (c) The Board shall, upon due notice,
give a hearing to each application, allowing representation by
counsel, if desired, after which it shall confidentially
advise the Governor by a written report of its recommendations
which shall be determined by majority vote. The written report to the Governor shall be confidential and privileged, including any reports made prior to the effective date of this amendatory Act of the 101st General Assembly. The Board shall
meet to consider such petitions no less than 4 times each
year.
(d) The Governor shall decide each application and
communicate his decision to the Board which shall notify the
petitioner.
In the event a petitioner who has been convicted of a Class X felony is
granted a release, after the Governor has communicated such decision to
the Board, the Board shall give written notice to the Sheriff of the county
from which the offender was sentenced if such sheriff has requested that
such notice be given on a continuing basis. In cases where arrest of the
offender or the commission of the offense took place in any municipality
with a population of more than 10,000 persons, the Board shall also give
written notice to the proper law enforcement agency for said municipality
which has requested notice on a continuing basis.
(e) Nothing in this Section shall be construed to limit the power of the
Governor under the constitution to grant a reprieve, commutation of sentence,
or pardon.
(Source: P.A. 103-51, eff. 1-1-24 .)
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730 ILCS 5/3-3-14 (730 ILCS 5/3-3-14) Sec. 3-3-14. Procedure for medical release. (a) Definitions. (1) As used in this Section, "medically | | incapacitated" means that an inmate has any diagnosable medical condition, including dementia and severe, permanent medical or cognitive disability, that prevents the inmate from completing more than one activity of daily living without assistance or that incapacitates the inmate to the extent that institutional confinement does not offer additional restrictions, and that the condition is unlikely to improve noticeably in the future.
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| (2) As used in this Section, "terminal illness" means
| | a condition that satisfies all of the following criteria:
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| (i) the condition is irreversible and incurable;
| | (ii) in accordance with medical standards and a
| | reasonable degree of medical certainty, based on an individual assessment of the inmate, the condition is likely to cause death to the inmate within 18 months.
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| (b) The Prisoner Review Board shall consider an application for compassionate release on behalf of any inmate who meets any of the following:
(1) is suffering from a terminal illness; or
(2) has been diagnosed with a condition that will
| | result in medical incapacity within the next 6 months; or
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| (3) has become medically incapacitated subsequent to
| | sentencing due to illness or injury.
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| (c) Initial application.
(1) An initial application for medical release may be
| | filed with the Prisoner Review Board by an inmate, a prison official, a medical professional who has treated or diagnosed the inmate, or an inmate's spouse, parent, guardian, grandparent, aunt or uncle, sibling, child over the age of eighteen years, or attorney. If the initial application is made by someone other than the inmate, the inmate, or if the inmate is medically unable to consent, the guardian or family member designated to represent the inmate's interests must consent to the application at the time of the institutional hearing.
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| (2) Application materials shall be maintained on the
| | Prisoner Review Board's website and the Department of Corrections' website and maintained in a clearly visible place within the law library and the infirmary of every penal institution and facility operated by the Department of Corrections.
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| (3) The initial application need not be notarized,
| | can be sent via email or facsimile, and must contain the following information:
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| (i) the inmate's name and Illinois Department of
| | (ii) the inmate's diagnosis;
(iii) a statement that the inmate meets one of
| | the following diagnostic criteria:
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| (A) the inmate is suffering from a terminal
| | (B) the inmate has been diagnosed with a
| | condition that will result in medical incapacity within the next 6 months; or
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| (C) the inmate has become medically
| | incapacitated subsequent to sentencing due to illness or injury.
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| (4) Upon receiving the inmate's initial application,
| | the Board shall order the Department of Corrections to have a physician or nurse practitioner evaluate the inmate and create a written evaluation within ten days of the Board's order. The evaluation shall include but need not be limited to:
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| (i) a concise statement of the inmate's medical
| | diagnosis, including prognosis, likelihood of recovery, and primary symptoms, to include incapacitation; and
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| (ii) a statement confirming or denying that the
| | inmate meets one of the criteria stated in subsection (b) of this Section.
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| (d) Institutional hearing. No public institutional hearing is required for consideration of a petition, but shall be granted at the request of the petitioner. The inmate may be represented by counsel and may present witnesses to the Board members. Hearings shall be governed by the Open Parole Hearings Act.
(e) Voting procedure. Petitions shall be considered by three-member panels, and decisions shall be made by simple majority.
(f) Consideration. In considering a petition for release under the statute, the Prisoner Review Board may consider the following factors:
(i) the inmate's diagnosis and likelihood of
| | (ii) the approximate cost of health care to the
| | State should the inmate remain in custody;
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| (iii) the impact that the inmate's continued
| | incarceration may have on the provision of medical care within the Department;
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| (iv) the present likelihood of and ability to
| | pose a substantial danger to the physical safety of a specifically identifiable person or persons;
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| (v) any statements by the victim regarding
| | (vi) whether the inmate's condition was
| | explicitly disclosed to the original sentencing judge and taken into account at the time of sentencing.
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| (g) Inmates granted medical release shall be released on mandatory supervised release for a period of 5 years subject to Section 3-3-8, which shall operate to discharge any remaining term of years imposed upon him or her. However, in no event shall the eligible person serve a period of mandatory supervised release greater than the aggregate of the discharged underlying sentence and the mandatory supervised release period as set forth in Section 5-4.5-20.
(h) Within 90 days of the receipt of the initial application, the Prisoner Review Board shall conduct a hearing if a hearing is requested and render a decision granting or denying the petitioner's request for release.
(i) Nothing in this statute shall preclude a petitioner from seeking alternative forms of release, including clemency, relief from the sentencing court, post-conviction relief, or any other legal remedy.
(j) This act applies retroactively, and shall be applicable to all currently incarcerated people in Illinois.
(k) Data report. The Department of Corrections and the Prisoner Review Board shall release a report annually published on their websites that reports the following information about the Medical Release Program:
(1) The number of applications for medical release
| | received by the Board in the preceding year, and information about those applications, including:
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| (i) demographic data about the individual,
| | including race or ethnicity, gender, age, and institution;
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| (ii) the highest class of offense for which the
| | individual is incarcerated;
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| (iii) the relationship of the applicant to the
| | person completing the application;
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| (iv) whether the applicant had applied for
| | medical release before and been denied, and, if so, when;
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| (v) whether the person applied as a person who is
| | medically incapacitated or a person who is terminally ill; and
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| (vi) a basic description of the underlying
| | medical condition that led to the application.
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| (2) The number of medical statements from the
| | Department of Corrections received by the Board.
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| (3) The number of institutional hearings on medical
| | release applications conducted by the Board.
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| (4) The number of people approved for medical
| | release, and information about them, including:
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| (i) demographic data about the individual
| | including race or ethnicity, gender, age, and zip code to which they were released;
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| (ii) whether the person applied as a person who
| | is medically incapacitated or a person who is terminally ill;
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| (iii) a basic description of the underlying
| | medical condition that led to the application; and
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| (iv) a basic description of the medical setting
| | the person was released to.
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| (5) The number of people released on the medical
| | (6) The number of people approved for medical release
| | who experienced more than a one-month delay between release decision and ultimate release, including:
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| (i) demographic data about the individuals
| | including race or ethnicity, gender and age;
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| (ii) the reason for the delay;
(iii) whether the person remains incarcerated; and
(iv) a basic description of the underlying
| | medical condition of the applying person.
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| (7) For those individuals released on mandatory
| | supervised release due to a granted application for medical release:
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| (i) the number of individuals who were serving
| | terms of mandatory supervised release because of medical release applications during the previous year;
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| (ii) the number of individuals who had their
| | mandatory supervised release revoked; and
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| (iii) the number of individuals who died during
| | (8) Information on seriously ill individuals
| | incarcerated at the Department of Corrections, including:
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| (i) the number of people currently receiving
| | full-time one-on-one medical care or assistance with activities of daily living within Department of Corrections facilities and whether that care is provided by a medical practitioner or an inmate, along with the institutions at which they are incarcerated; and
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| (ii) the number of people who spent more than one
| | month in outside hospital care during the previous year and their home institutions.
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| All the information provided in this report shall be provided in aggregate, and nothing shall be
construed to require the public dissemination of any personal medical information.
(Source: P.A. 102-494, eff. 1-1-22; 102-813, eff. 5-13-22.)
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730 ILCS 5/3-3-15 (730 ILCS 5/3-3-15) Sec. 3-3-15. Prisoner Review Board; sole discretion to grant medical release. A grant of medical release under this Article shall be an act of executive and legislative grace and shall be at the sole discretion of the Prisoner Review Board.
(Source: P.A. 102-494, eff. 1-1-22 .) |
730 ILCS 5/Ch. III Art. 4
(730 ILCS 5/Ch. III Art. 4 heading)
ARTICLE 4.
FINANCIAL AND PROPERTY ADMINISTRATION
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730 ILCS 5/3-4-1
(730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1)
Sec. 3-4-1. Gifts and Grants; Special Trusts Funds; Department of
Corrections Reimbursement and Education Fund. (a) The Department may accept, receive and use, for and in behalf of the
State, any moneys, goods or services given for general purposes of this
Code by the federal government or from any other source, public
or private, including collections from inmates, reimbursement of payments
under the Workers' Compensation Act, and commissions from inmate collect call
telephone systems under an agreement with the Department of Central Management
Services. For these purposes the Department may comply with such
conditions and enter into such agreements upon such covenants, terms, and
conditions as the Department may deem necessary or desirable, if the
agreement is not in conflict with State law.
(a-5) Beginning January 1, 2018, the Department of Central Management Services shall contract with the
qualified vendor who proposes the lowest per minute rate not exceeding 7 cents per minute for
debit, prepaid, collect calls and who does not bill to any party any tax, service charge, or additional fee
exceeding the per minute rate, including, but not limited to, any per call surcharge, account set up
fee, bill statement fee, monthly account maintenance charge, or refund fee as established by the
Federal Communications Commission Order for state prisons in the Matter of Rates for Interstate
Inmate Calling Services, Second Report and Order, WC Docket 12-375, FCC 15-136 (adopted Oct. 22,
2015). Telephone services made available through a prepaid or collect call system shall
include international calls; those calls shall be made available at reasonable rates subject to Federal
Communications Commission rules and regulations, but not to exceed 23 cents per minute. Public Act 99-878 applies to any new or renewal contract for inmate calling services. (b) On July 1, 1998, the Department of Corrections Reimbursement Fund
and the Department of Corrections Education Fund shall be combined into a
single fund to be known as the Department of Corrections Reimbursement and
Education Fund, which is hereby created as a special fund in the State
Treasury. The moneys deposited into the Department of Corrections
Reimbursement and Education Fund shall be appropriated to the
Department of Corrections for the expenses of the Department.
The following shall be deposited into the Department of Corrections
Reimbursement and Education Fund:
(i) Moneys received or recovered by the Department of | | Corrections as reimbursement for expenses incurred for the incarceration of committed persons.
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(ii) Moneys received or recovered by the Department
| | as reimbursement of payments made under the Workers' Compensation Act.
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(iii) Moneys received by the Department as
| | commissions from inmate collect call telephone systems.
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(iv) Moneys received or recovered by the Department
| | as reimbursement for expenses incurred by the employment of persons referred to the Department as participants in the federal Job Training Partnership Act programs.
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(v) Federal moneys, including reimbursement and
| | advances for services rendered or to be rendered and moneys for other than educational purposes, under grant or contract.
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(vi) Moneys identified for deposit into the Fund
| | under Section 13-44.4 of the School Code.
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(vii) Moneys in the Department of Corrections
| | Reimbursement Fund and the Department of Corrections Education Fund at the close of business on June 30, 1998.
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| (c) The Department of Juvenile Justice Reimbursement and Education Fund is created as a special fund in the State Treasury. The moneys deposited into the Department of Juvenile Justice Reimbursement Fund and Education shall be appropriated to the Department of Juvenile Justice for the expenses of the Department. The following moneys shall be deposited into the Department of Juvenile Justice Reimbursement Fund and Education Fund:
(i) received or recovered by the Department of
| | Juvenile Justice as reimbursement for expenses incurred for the incarceration of committed youth;
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| (ii) received or recovered by the Department as
| | reimbursement of payments made under the Workers' Compensation Act;
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| (iii) received or recovered by the Department as
| | reimbursement for expenses incurred by the employment of persons referred to the Department as participants in the federal Job Training Partnership Act programs;
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| (iv) federal moneys, including reimbursement and
| | advances for services rendered or to be rendered and moneys for other than educational purposes, under grant or contract; and
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| (v) moneys identified for deposit into the Fund under
| | Section 13-44.6 of the School Code.
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(Source: P.A. 102-350, eff. 8-13-21; 102-699, eff. 7-1-22.)
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730 ILCS 5/3-4-2
(730 ILCS 5/3-4-2) (from Ch. 38, par. 1003-4-2)
Sec. 3-4-2.
Disposition of Property.
(a) The Department may with the consent of the Director of Central Management
Services lease its unneeded, unused or unproductive land
upon such terms and conditions, as in its judgment are in the best interest
of the State; but any such lease shall provide for the cancellation thereof
by the Department, upon reasonable notice given by the Department whenever
such land may be needed by the Department or any other agency of this
State. Land leased by the Department shall not be placed under a land
trust.
(b) The Department may transfer any realty under its control to any
other department of this State government or to the State Employees Housing
Commission, or acquire or accept Federal or other lands, when such transfer
or acquisition is advantageous to the State and approved in writing by the
Governor.
(Source: P.A. 83-597.)
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