State of Illinois
92nd General Assembly

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SB1982 Enrolled                                LRB9216038RCcd

 1        AN ACT concerning prisons.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Unified Code of Corrections is amended by
 5    changing Sections 3-4-3 and 3-7-2a as follows:

 6        (730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3)
 7        Sec. 3-4-3.  Funds and Property of Persons Committed.
 8        (a)  The Department shall  establish  accounting  records
 9    with accounts for each person who has or receives money while
10    in  an institution or facility of the Department and it shall
11    allow the withdrawal and disbursement of money by the  person
12    under  rules  and regulations of the Department. Any interest
13    or other income from moneys deposited with the Department  by
14    a  resident  of the Juvenile Division in excess of $200 shall
15    accrue to the individual's account, or in balances up to $200
16    shall  accrue  to  the  Residents'  Benefit  Fund.   For   an
17    individual  in  an  institution  or  facility  of  the  Adult
18    Division  the interest shall accrue to the Residents' Benefit
19    Fund.  The Department shall disburse all moneys  so  held  no
20    later  than the person's final discharge from the Department.
21    Moneys in the account of  a  committed  person  who  files  a
22    lawsuit  determined  frivolous under Article XXII of the Code
23    of Civil Procedure shall be deducted to pay  for  the  filing
24    fees  and  cost  of the suit as provided in that Article. The
25    Department shall  under  rules  and  regulations  record  and
26    receipt  all  personal  property  not  allowed  to  committed
27    persons.  The  Department  shall  return such property to the
28    individual no later than the person's release on parole.
29        (b)  Any money held  in  accounts  of  committed  persons
30    separated   from  the  Department  by  death,  discharge,  or
31    unauthorized absence and unclaimed for a  period  of  1  year
SB1982 Enrolled            -2-                 LRB9216038RCcd
 1    thereafter by the person or his legal representative shall be
 2    transmitted  to the State Treasurer who shall deposit it into
 3    the General Revenue Fund. Articles of  personal  property  of
 4    persons so separated may be sold or used by the Department if
 5    unclaimed  for  a  period  of  1  year  for the same purpose.
 6    Clothing, if  unclaimed  within  30  days,  may  be  used  or
 7    disposed of as determined by the Department.
 8        (c)  Forty   percent   of   the  profits  on  sales  from
 9    commissary stores shall be expended by the Department for the
10    special benefit of committed persons which shall include  but
11    not be limited to the advancement of inmate payrolls, for the
12    special  benefit  of  employees,  and  for the advancement or
13    reimbursement  of  employee  travel,  provided  that  amounts
14    expended for employees shall not exceed the amount of profits
15    derived from sales made to employees by such commissaries, as
16    determined by the Department. The remainder  of  the  profits
17    from  sales  from commissary stores must be used first to pay
18    for  wages  and  benefits  of  employees  covered   under   a
19    collective   bargaining   agreement   who   are  employed  at
20    commissary facilities of the Department and then to  pay  the
21    costs of dietary staff.
22        (d)  The  Department  shall  confiscate  any unauthorized
23    currency found in the possession of a committed person.   The
24    Department  shall  transmit  the  confiscated currency to the
25    State Treasurer who shall deposit it into the General Revenue
26    Fund.
27    (Source: P.A. 89-689, eff. 12-31-96; 90-505, eff. 8-19-97.)

28        (730 ILCS 5/3-7-2a) (from Ch. 38, par. 1003-7-2a)
29        Sec. 3-7-2a.  If a facility  maintains  a  commissary  or
30    commissaries,  the  selling  prices  for  all  goods shall be
31    sufficient to cover the costs of the goods and an  additional
32    charge  of  up  to 35% for tobacco products and up to 25% for
33    non-tobacco products.  The amount of the  additional  charges
SB1982 Enrolled            -3-                 LRB9216038RCcd
 1    for goods sold at commissaries shall be based upon the amount
 2    necessary  to  pay  for  the wages and benefits of commissary
 3    employees who are employed in commissary  facilities  of  the
 4    Department.   The  Department  shall determine the additional
 5    charges upon any changes in wages and benefits of  commissary
 6    employees   as   negotiated   in  the  collective  bargaining
 7    agreement from 3% through 10%.  A  compliance  audit  of  all
 8    commissaries  and  the distribution of commissary funds shall
 9    be included in the regular compliance audit of the Department
10    conducted by the  Auditor  General  in  accordance  with  the
11    Illinois State Auditing Act.
12        Items  purchased for sale at any such commissary shall be
13    purchased, wherever possible, at wholesale costs.
14    (Source: P.A. 82-652.)

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