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| Public Act 099-0878 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Legislative findings and intent. The General | ||||
Assembly finds that the ability of an individual incarcerated | ||||
to
maintain contact with the community and family is critical | ||||
to a successful re-entry after release from
prison. In | ||||
addition, many incarcerated people are parents. Communication | ||||
has been proven essential to
the healthy development of their | ||||
children. Many people are incarcerated far away from where | ||||
their
family and friends reside, which in some cases may be a | ||||
country outside the United States. Telephone
calls are | ||||
frequently the only method available to maintain vital contact | ||||
with loved ones. The purpose of
this legislation is to ensure | ||||
that people incarcerated can maintain contact with their loved | ||||
ones without
creating an undue burden on the person | ||||
incarcerated or the recipient of phone calls. The General | ||||
Assembly
intends that when determining the best value of a | ||||
telephone service, the lowest possible cost to the
telephone | ||||
user shall be emphasized. | ||||
Section 5. The Unified Code of Corrections is amended by | ||||
changing Section 3-4-1 as follows:
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(730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1)
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Sec. 3-4-1.
Gifts and Grants; Special Trusts Funds; | ||
Department of
Corrections Reimbursement and Education Fund.
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(a) The Department may accept, receive and use, for and in | ||
behalf of the
State, any moneys, goods or services given for | ||
general purposes of this
Code by the federal government or from | ||
any other source, public
or private, including collections from | ||
inmates, reimbursement of payments
under the Workers' | ||
Compensation Act, and commissions from inmate collect call
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telephone systems under an agreement with the Department of | ||
Central Management
Services. For these purposes the Department | ||
may comply with such
conditions and enter into such agreements | ||
upon such covenants, terms, and
conditions as the Department | ||
may deem necessary or desirable, if the
agreement is not in | ||
conflict with State law.
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(a-5) Beginning January 1, 2018, the Department of Central | ||
Management Services shall contract with the
qualified vendor | ||
who proposes the lowest per minute rate not exceeding 7 cents | ||
per minute for
debit, prepaid, collect calls and who does not | ||
bill to any party any tax, service charge, or additional fee
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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). Telephone services made | ||
available through a prepaid or collect call system shall
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include international calls; those calls shall be made | ||
available at reasonable rates subject to Federal
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Communications Commission rules and regulations, but not to | ||
exceed 23 cents per minute. This amendatory Act of the 99th | ||
General Assembly applies to any new or renewal contract for | ||
inmate calling services. | ||
(b) On July 1, 1998, the Department of Corrections | ||
Reimbursement Fund
and the Department of Corrections Education | ||
Fund shall be combined into a
single fund to be known as the | ||
Department of Corrections Reimbursement and
Education Fund, | ||
which is hereby created as a special fund in the State
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Treasury. The moneys deposited into the Department of | ||
Corrections
Reimbursement and Education Fund shall be | ||
appropriated to the
Department of Corrections for the expenses | ||
of the Department.
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The following shall be deposited into the Department of | ||
Corrections
Reimbursement and Education Fund:
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(i) Moneys received or recovered by the Department of | ||
Corrections as
reimbursement for expenses incurred for the | ||
incarceration of committed persons.
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(ii) Moneys received or recovered by the Department as | ||
reimbursement
of payments made under the Workers' | ||
Compensation Act.
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(iii) Moneys received by the Department as commissions | ||
from inmate
collect call telephone systems.
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(iv) Moneys received or recovered by the Department as | ||
reimbursement for
expenses incurred by the employment of | ||
persons referred to the Department as
participants in the | ||
federal Job Training Partnership Act programs.
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(v) Federal moneys, including reimbursement and | ||
advances for
services rendered or to be rendered and moneys | ||
for other than educational
purposes, under grant or | ||
contract.
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(vi) Moneys identified for deposit into the Fund under | ||
Section 13-44.4
of the School Code.
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(vii) Moneys in the Department of Corrections | ||
Reimbursement Fund and
the Department of Corrections | ||
Education Fund at the close of business
on June 30, 1998.
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(Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2017.
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