State of Illinois
92^nd General Assembly
Legislation

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92_SB1982eng

 
SB1982 Engrossed                               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 Engrossed            -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)  Ten  percent of the profits on sales from commissary
 9    stores shall be expended by the Department  for  the  special
10    benefit  of  committed persons which shall include but not be
11    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. Additional profits  from  sales
17    from  commissary  stores  must  be  used  to  provide for the
18    operation of the commissary.
19        (d)  The Department  shall  confiscate  any  unauthorized
20    currency  found in the possession of a committed person.  The
21    Department shall transmit the  confiscated  currency  to  the
22    State Treasurer who shall deposit it into the General Revenue
23    Fund.
24    (Source: P.A. 89-689, eff. 12-31-96; 90-505, eff. 8-19-97.)

25        (730 ILCS 5/3-7-2a) (from Ch. 38, par. 1003-7-2a)
26        Sec.  3-7-2a.  Commissaries.   If  a facility maintains a
27    commissary or commissaries, the selling prices for all  goods
28    shall  be  sufficient  to cover the costs of the goods and an
29    additional charge of from 3% through 20%  10%.  A  compliance
30    audit  of all commissaries and the distribution of commissary
31    funds shall be included in the regular  compliance  audit  of
32    the Department conducted by the Auditor General in accordance
33    with the Illinois State Auditing Act.
 
SB1982 Engrossed            -3-                LRB9216038RCcd
 1        Items  purchased for sale at any such commissary shall be
 2    purchased, wherever possible, at wholesale costs.
 3    (Source: P.A. 82-652.)

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