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| Public Act 103-1026 | ||||
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AN ACT concerning State government. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Unified Code of Corrections is amended by | ||||
changing Section 3-4-3 as follows: | ||||
(730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3) | ||||
Sec. 3-4-3. Funds and Property of Persons Committed. | ||||
(a) The Department of Corrections and the Department of | ||||
Juvenile Justice shall establish accounting records with | ||||
accounts for each person who has or receives money while in an | ||||
institution or facility of that Department and it shall allow | ||||
the withdrawal and disbursement of money by the person under | ||||
rules and regulations of that Department. The Department of | ||||
Juvenile Justice shall not be required to keep such deposited | ||||
moneys in an interest-bearing bank account unless the annual | ||||
interest earned would exceed the total annual costs and fees, | ||||
including, but not limited to, transaction fees, associated | ||||
with maintaining the account. Any interest or other income | ||||
which may be earned from moneys deposited with the Department | ||||
by a resident of the Department of Juvenile Justice in excess | ||||
of $200 shall accrue to the individual's account if the | ||||
monthly interest attributable to an individual's account | ||||
exceeds $1. All other , or in balances up to $200 shall accrue | ||||
to the Residents' Benefit Fund. For an individual in an | ||
institution or facility of the Department of Corrections the | ||
interest shall accrue to the Residents' Benefit Fund. The | ||
Department shall disburse all moneys so held no later than the | ||
person's final discharge from the Department. Moneys in the | ||
account of a committed person who files a lawsuit determined | ||
frivolous under Article XXII of the Code of Civil Procedure | ||
shall be deducted to pay for the filing fees and cost of the | ||
suit as provided in that Article. The Department shall under | ||
rules and regulations record and receipt all personal property | ||
not allowed to committed persons. The Department shall return | ||
such property to the individual no later than the person's | ||
release on parole or aftercare. | ||
(b) Any money held in accounts of committed persons | ||
separated from the Department by death, discharge, or | ||
unauthorized absence and unclaimed for a period of 1 year | ||
thereafter by the person or his legal representative shall be | ||
transmitted to the State Treasurer who shall deposit it into | ||
the General Revenue Fund. Articles of personal property of | ||
persons so separated may be sold or used by the Department if | ||
unclaimed for a period of 1 year for the same purpose. | ||
Clothing, if unclaimed within 30 days, may be used or disposed | ||
of as determined by the Department. | ||
(c) Forty percent of the profits on sales from commissary | ||
stores shall be expended by the Department for the special | ||
benefit of committed persons which shall include but not be | ||
limited to the advancement of inmate payrolls, for the special | ||
benefit of employees, and for the advancement or reimbursement | ||
of employee travel, provided that amounts expended for | ||
employees shall not exceed the amount of profits derived from | ||
sales made to employees by such commissaries, as determined by | ||
the Department. The remainder of the profits from sales from | ||
commissary stores must be used first to pay for wages and | ||
benefits of employees covered under a collective bargaining | ||
agreement who are employed at commissary facilities of the | ||
Department and then to pay the costs of dietary staff. | ||
(d) The Department shall confiscate any unauthorized | ||
currency found in the possession of a committed person. The | ||
Department shall transmit the confiscated currency to the | ||
State Treasurer who shall deposit it into the General Revenue | ||
Fund. | ||
(Source: P.A. 97-1083, eff. 8-24-12; 98-558, eff. 1-1-14.) | ||