Full Text of HB6200 99th General Assembly
HB6200 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6200 Introduced 2/11/2016, by Rep. Carol Ammons SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-4-1 | from Ch. 38, par. 1003-4-1 |
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Amends the Unified Code of Corrections. Provides that any commissions or revenues for the provision of pay telephones in
institutions and facilities of the Department of Corrections and the Department of Juvenile Justice
for those incarcerated are prohibited. Provides that the Department of Central Management Services shall contract with the
qualified vendor who proposes the lowest per minute rate not exceeding 5 cents per minute for
debit, prepaid, collect calls and who does not bill to any party any 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). Provides that 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 25 cents per minute. Provides that the amendatory Act applies to any new or renewal contract for inmate calling services. Effective January 1, 2017.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB6200 | | LRB099 19719 RLC 45164 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Legislative findings and intent. The General | 5 | | Assembly finds that the ability of an individual incarcerated | 6 | | to
maintain contact with the community and family is critical | 7 | | to a successful re-entry after release from
prison. In | 8 | | addition, many incarcerated people are parents. Communication | 9 | | has been proven essential to
the healthy development of their | 10 | | children. Many people are incarcerated far away from where | 11 | | their
family and friends reside, which in some cases may be a | 12 | | country outside the United States. Telephone
calls are | 13 | | frequently the only method available to maintain vital contact | 14 | | with loved ones. The purpose of
this legislation is to ensure | 15 | | that people incarcerated can maintain contact with their loved | 16 | | ones without
creating an undue burden on the person | 17 | | incarcerated or the recipient of phone calls. The General | 18 | | Assembly
intends that when determining the best value of a | 19 | | telephone service, the lowest possible cost to the
telephone | 20 | | user shall be emphasized. | 21 | | Section 5. The Unified Code of Corrections is amended by | 22 | | changing 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; | 3 | | Department of
Corrections Reimbursement and Education Fund.
| 4 | | (a) The Department may accept, receive and use, for and in | 5 | | behalf of the
State, any moneys, goods or services given for | 6 | | general purposes of this
Code by the federal government or from | 7 | | any other source, public
or private, including collections from | 8 | | inmates and , reimbursement of payments
under the Workers' | 9 | | Compensation Act , and commissions from inmate collect call
| 10 | | telephone systems under an agreement with the Department of | 11 | | Central Management
Services . For these purposes the Department | 12 | | may comply with such
conditions and enter into such agreements | 13 | | upon such covenants, terms, and
conditions as the Department | 14 | | may deem necessary or desirable, if the
agreement is not in | 15 | | conflict with State law.
| 16 | | (a-5) Any commissions or revenues for the provision of pay | 17 | | telephones in
institutions and facilities of the Department of | 18 | | Corrections and the Department of Juvenile Justice
for those | 19 | | incarcerated are prohibited. The Department of Central | 20 | | Management Services shall contract with the
qualified vendor | 21 | | who proposes the lowest per minute rate not exceeding 5 cents | 22 | | per minute for
debit, prepaid, collect calls and who does not | 23 | | bill to any party any service charge or additional fee
| 24 | | exceeding the per minute rate, including, but not limited to, | 25 | | any per call surcharge, account set up
fee, bill statement fee, | 26 | | monthly account maintenance charge, or refund fee, as |
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| 1 | | established by the
Federal Communications Commission Order for | 2 | | state prisons in the Matter of Rates for Interstate
Inmate | 3 | | Calling Services, Second Report and Order, WC Docket 12-375, | 4 | | FCC 15-136 (adopted Oct. 22,
2015). Telephone services made | 5 | | available through a prepaid or collect call system shall
| 6 | | include international calls; those calls shall be made | 7 | | available at reasonable rates subject to Federal
| 8 | | Communications Commission rules and regulations, but not to | 9 | | exceed 25 cents per minute. This amendatory Act of the 99th | 10 | | General Assembly applies to any new or renewal contract for | 11 | | inmate calling services. | 12 | | (b) On July 1, 1998, the Department of Corrections | 13 | | Reimbursement Fund
and the Department of Corrections Education | 14 | | Fund shall be combined into a
single fund to be known as the | 15 | | Department of Corrections Reimbursement and
Education Fund, | 16 | | which is hereby created as a special fund in the State
| 17 | | Treasury. The moneys deposited into the Department of | 18 | | Corrections
Reimbursement and Education Fund shall be | 19 | | appropriated to the
Department of Corrections for the expenses | 20 | | of the Department.
| 21 | | The following shall be deposited into the Department of | 22 | | Corrections
Reimbursement and Education Fund:
| 23 | | (i) Moneys received or recovered by the Department of | 24 | | Corrections as
reimbursement for expenses incurred for the | 25 | | incarceration of committed persons.
| 26 | | (ii) Moneys received or recovered by the Department as |
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| 1 | | reimbursement
of payments made under the Workers' | 2 | | Compensation Act.
| 3 | | (iii) (Blank). Moneys received by the Department as | 4 | | commissions from inmate
collect call telephone systems.
| 5 | | (iv) Moneys received or recovered by the Department as | 6 | | reimbursement for
expenses incurred by the employment of | 7 | | persons referred to the Department as
participants in the | 8 | | federal Job Training Partnership Act programs.
| 9 | | (v) Federal moneys, including reimbursement and | 10 | | advances for
services rendered or to be rendered and moneys | 11 | | for other than educational
purposes, under grant or | 12 | | contract.
| 13 | | (vi) Moneys identified for deposit into the Fund under | 14 | | Section 13-44.4
of the School Code.
| 15 | | (vii) Moneys in the Department of Corrections | 16 | | Reimbursement Fund and
the Department of Corrections | 17 | | Education Fund at the close of business
on June 30, 1998.
| 18 | | (Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98.)
| 19 | | Section 99. Effective date. This Act takes effect January | 20 | | 1, 2017.
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