|
|
||||
| Public Act 096-0877 |
||||
| ||||
| ||||
AN ACT concerning Illinois Correctional Industries.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Procurement Code is amended by | ||||
changing Section 45-30 as follows:
| ||||
(30 ILCS 500/45-30)
| ||||
Sec. 45-30. Illinois Correctional industries. | ||||
Notwithstanding anything to the
contrary in other law, the | ||||
chief procurement officer of the Department of Central | ||||
Management Services shall, in consultation
with Illinois | ||||
Correctional Industries the Department of Corrections, | ||||
determine for all State agencies which articles, materials,
| ||||
industry related services, food stuffs, and finished goods | ||||
supplies that are produced or
manufactured by inmate workers | ||||
employed in Illinois Correctional Industries programs persons | ||||
confined in institutions and facilities of the
Department of | ||||
Corrections shall be purchased from Illinois Correctional | ||||
Industries given preference by purchasing agencies
procuring | ||||
those items.
The chief procurement officer of Central | ||||
Management Services shall develop and distribute to the various
| ||||
purchasing and using agencies a listing of all Illinois | ||||
Correctional Industries products and procedures for | ||||
implementing this Section.
| ||||
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||
Section 10. The Unified Code of Corrections is amended by | ||
changing Sections 3-12-2, 3-12-3a, 3-12-6, and 3-12-7 as | ||
follows:
| ||
(730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)
| ||
Sec. 3-12-2. Types of employment.
| ||
(a) The Department shall provide inmate workers for | ||
Illinois Correctional Industries to work in programs | ||
established to The Department may establish, maintain, train | ||
and employ committed
persons in industries for the production | ||
of food products and finished goods and any articles, materials | ||
or supplies for
resale to State agencies and authorized | ||
purchasers. It may also employ committed persons on public
| ||
works, buildings and property, the conservation of natural | ||
resources of the
State, anti-pollution or environmental | ||
control projects, or for other public
purposes, for the | ||
maintenance of the Department's buildings and properties and
| ||
for the production of food or other necessities for its | ||
programs. The
Department may establish, maintain and employ | ||
committed persons in the
production of vehicle registration | ||
plates. A committed person's labor shall
not be sold, | ||
contracted or hired out by the Department except under this
| ||
Article and under Section 3-9-2.
| ||
(b) Works of art, literature, handicraft or other items | ||
produced by
committed persons as an avocation and not as a | ||
product of a work program of the
Department may be sold to the | ||
public under rules and regulations established by
the | ||
Department. The cost of selling such products may be deducted | ||
from the
proceeds, and the balance shall be credited to the | ||
person's account under
Section 3-4-3. The Department shall | ||
notify the Attorney General of the
existence of any proceeds | ||
which it believes should be applied towards a
satisfaction, in | ||
whole or in part, of the person's incarceration costs.
| ||
(Source: P.A. 94-1017, eff. 7-7-06.)
| ||
(730 ILCS 5/3-12-3a) (from Ch. 38, par. 1003-12-3a)
| ||
Sec. 3-12-3a. (a) Contracts, leases and business | ||
agreements. The
Department shall may enter into a contract, | ||
lease
or any other type of business
agreement with Illinois | ||
Correctional Industries , not to exceed 20 years, with any | ||
private corporation,
partnership, person or other
business | ||
entity
for the purpose of utilizing committed persons in the
| ||
manufacture of food products, finished goods or wares of | ||
Illinois Correctional Industries. , in the provision of | ||
services or for any
other business or commercial enterprise | ||
deemed by the Department to be
consistent with proper training | ||
and rehabilitation of committed persons.
| ||
Illinois Correctional Industries' spending authority shall | ||
be separate and apart from the Department's budget and | ||
appropriations. Control of Illinois Correctional Industries | ||
accounting processes and budget requests to the General | ||
Assembly, other budgetary processes, audits by the Office of | ||
the Auditor General, and computer processes shall be returned | ||
to Illinois Correctional Industries. | ||
(b) The Department shall be permitted to construct | ||
buildings on State
property for the purposes identified in | ||
subsection (a) and to lease for a
period not to exceed 20 years | ||
any building or portion thereof on State
property for the | ||
purposes identified in subsection (a).
| ||
(c) Any contract, lease or other business agreement | ||
referenced in
subsection (a), shall include a provision | ||
requiring that all committed
persons assigned receive in | ||
connection with their assignment such
vocational training | ||
and/or apprenticeship programs as the Department deems | ||
appropriate.
| ||
(d) Committed persons assigned in accordance with this | ||
Section shall be
compensated in accordance with the provisions | ||
of Section 3-12-5.
| ||
(Source: P.A. 86-450.)
| ||
(730 ILCS 5/3-12-6) (from Ch. 38, par. 1003-12-6)
| ||
Sec. 3-12-6. Programs. Industrial Production; Location; | ||
Assignment. Illinois Correctional Industries shall establish | ||
commercial, business, and manufacturing programs on behalf of | ||
the State of Illinois for the sale of finished goods and | ||
processed food and beverages to the State, its political units, | ||
its agencies, and public institutions. Illinois Correctional | ||
Industries shall establish, operate, and maintain | ||
manufacturing and food and beverage production in the | ||
Department of Corrections facilities and provide food for the | ||
Department of Corrections institutions and for the mental | ||
health and developmental disabilities institutions of the | ||
Department of Human Services and the institutions of the | ||
Department of Veterans' Affairs for consumption in those | ||
agencies' institutions. | ||
Illinois Correctional Industries shall be administered by | ||
a chief executive officer. The chief executive officer shall | ||
report to the Director of the Department. The Director may not | ||
delegate direction of Illinois Correctional Industries | ||
management and fiscal processes formally or indirectly to any | ||
other division, component, or contractor of the Department. The | ||
chief executive officer shall be responsible for all persons | ||
assigned to the institution or facility that are employed in | ||
Industries programs. The chief executive officer shall | ||
administer the commercial and business programs for inmate | ||
workers in the custody of the Department of Corrections. | ||
The chief executive officer shall have such assistants as | ||
are required for sales staff, manufacturing, budget, fiscal, | ||
accounting, computer, human services, and personnel as | ||
necessary to run its commercial and business programs. | ||
The Department shall establish or cause to be established | ||
industrial
production at its institutions and facilities to | ||
secure the most
practical and efficient use of labor. The | ||
office for coordinating such industrial
production Illinois | ||
Correctional Industries shall be located in Springfield. The | ||
chief executive officer of Illinois Correctional Industries
It | ||
shall assign its personnel to
direct the production of goods | ||
and shall employ committed persons
assigned by the chief | ||
administrative officer. The Department of Corrections may also
| ||
direct such vocational programs that the Department deems | ||
necessary for the rehabilitation of inmates. Such programs | ||
shall not compete, interfere, or be in conflict with the | ||
missions and programs of Illinois Correctional Industries as | ||
the institution or facility may
require as a part of the | ||
employment program.
| ||
(Source: P.A. 80-728.)
| ||
(730 ILCS 5/3-12-7) (from Ch. 38, par. 1003-12-7)
| ||
Sec. 3-12-7. Purchasers; Allocation. | ||
(a) The State, its political
units, its agencies and public | ||
institutions shall purchase from Illinois Correctional | ||
Industries the
Department all manufactured goods, articles, | ||
materials, industry related services, food
stuffs, and | ||
supplies required by them which are produced or
manufactured by | ||
persons confined in institutions and facilities of the
| ||
Department that are employed in Illinois Correctional | ||
Industries programs. The Secretary of State may purchase from | ||
the Department
vehicle registration plates produced by persons | ||
confined in institutions
and facilities of the Department. The | ||
Secretary shall determine reasonable
specifications and prices | ||
of such vehicle registration plates as agreed
upon with the | ||
Department. Not-for-profit corporations chartered in Illinois
| ||
or other States may purchase such goods and services. Units of | ||
the Federal
government and units of government in other States | ||
may also purchase such
goods and services. All entities which | ||
contract with the State, its
political units, its agencies, its | ||
public institutions or not-for-profit
corporations chartered | ||
in Illinois, may purchase goods or services from the
Department | ||
which are used in the performance of such contracts. Nothing
| ||
shall prohibit the Department from bidding on portions of a | ||
State contract
which are subcontracted by the primary | ||
contractor. The public may purchase
crushed limestone and lime | ||
dust for agricultural and horticultural purposes
and hardwood. | ||
Illinois Correctional Industries The Department may also sell | ||
grain from its agricultural
operations on the open market. All | ||
other articles, materials, industry
related services, food | ||
stuffs and supplies which are produced or
manufactured by | ||
persons confined in institutions and facilities of the
| ||
Department shall be available for sale on the open market.
| ||
(b) Allocation of goods shall be made in the following | ||
manner:
| ||
(1) first, for needs of the Department of Corrections and | ||
the Department of Human Services;
| ||
(2) second, for the State, its agencies and public | ||
institutions;
| ||
(3) third, for those political subdivisions of the State | ||
and their
agencies in which the producing institution or | ||
facility of the
Department is located;
| ||
(4) fourth, for other political subdivisions of the State | ||
and their
agencies and public institutions;
| ||
(5) fifth, for sale on the open market;
| ||
(6) sixth, for not for profit corporations chartered in | ||
Illinois;
| ||
(7) seventh, for units of government in other states;
| ||
(8) eighth, for units of the Federal government;
| ||
(9) ninth, for not-for-profit organizations chartered in | ||
other
states;
| ||
(10) tenth, all other permitted purchasers.
| ||
(c) Exemption from required purchases shall be on | ||
certification of
Illinois Correctional Industries the | ||
Department that the items to be purchased requested are
not | ||
manufactured by Illinois Correctional Industries then | ||
available.
| ||
(Source: P.A. 86-450.)
| ||
(730 ILCS 5/3-12-12 rep.)
| ||
Section 15. The Unified Code of Corrections is amended by | ||
repealing Section 3-12-12. | ||
Section 99. Effective date. This Act takes effect on July | ||
1, 2010. | ||