Public Act 096-0943
 		





HB4798 Enrolled
LRB096 15301 RLC 30418 b





  
    AN ACT concerning corrections.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. If and only if the provisions of
House Bill 1994 
of the 96th General Assembly that
are changed by this 
amendatory Act of the 96th
General Assembly become law, 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, a division of the Illinois Department 
of Corrections (referred to as the "Illinois Correctional 
Industries" or "ICI") determine for all State agencies which 
articles, materials,
industry related services, food stuffs, 
and finished goods that are produced or
manufactured by persons 
confined in institutions and facilities of the Department of 
Corrections who are participating inmate workers employed in 
Illinois Correctional Industries programs shall be purchased 
from Illinois Correctional Industries.
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; 96HB1994 
enrolled.)

 
    Section 10. If and only if the provisions of
House Bill 
1994 of the 96th General Assembly that
are changed by this 
amendatory Act of the 96th
General Assembly become law, 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 train and employ committed
persons in the 
production of food stuffs 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; 96HB1994 enrolled.)

 



    (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 promulgate such rules and 
policies as it deems necessary to establish, manage, and 
operate its Illinois Correctional Industries division enter 
into a contract
or other type of business
agreement with 
Illinois Correctional Industries
for the purpose of utilizing 
committed persons in the
manufacture of food stuffs products, 
finished goods or wares.  To the extent not inconsistent with 
the function and role of the ICI, the Department may enter into 
a contract, lease, or other type of business agreement, not to 
exceed 20 years, with any private corporation, partnership, 
person, or other business entity for the purpose of utilizing 
committed persons 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 of Illinois Correctional Industries.

    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 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; 96HB1994 enrolled.)

 



    (730 ILCS 5/3-12-6)  (from Ch. 38, par. 1003-12-6)



    Sec. 3-12-6. Programs. Through its Illinois Correctional 
Industries division, the Department 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 other 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 of ICI 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. 
    Illinois Correctional Industries shall have a financial 
officer who shall report to the chief executive officer.  The 
financial officer shall: (i) assist in the development and 
presentation of the Department budget submission; (ii) manage 
and control the spending authority of ICI; and (iii) provide 
oversight of the financial activities of ICI, both internally 
and through coordination with the Department fiscal operations 
personnel, including accounting processes, budget submissions, 
other budgetary processes, audits by the Office of the Auditor 
General, and computer processes. 
    Illinois Correctional Industries shall be located in 
Springfield. The chief executive officer of Illinois 
Correctional Industries
 shall assign personnel to
direct the 
production of goods and shall employ committed persons
assigned 
by the chief administrative officer. The Department of 
Corrections may
direct such other vocational programs as it 
that the Department deems necessary for the rehabilitation of 
inmates, which shall be separate and apart from, and not . Such 
programs shall not compete, interfere, or be in conflict with, 
the missions and programs of Illinois Correctional Industries.

(Source: P.A. 80-728; 96HB1994 enrolled.)

 



    (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 other 
public institutions shall purchase from Illinois Correctional 
Industries 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 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 that the 
items to be purchased are
not manufactured by Illinois 
Correctional Industries.

(Source: P.A. 86-450; 96HB1994 enrolled.)


 
    Section 99. Effective date. This Act takes effect July 1, 
2010.