Bill Amendment: IL HB4199 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIM CD-CONTRABAND-PENAL INST

Status: 2019-01-08 - Session Sine Die [HB4199 Detail]

Download: Illinois-2017-HB4199-House_Amendment_001.html

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Rep. Thomas M. Bennett

Filed: 3/22/2018

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AMENDMENT TO HOUSE BILL 4199
AMENDMENT NO. ______. Amend House Bill 4199 by replacing
everything after the enacting clause with the following:
"Section 5. The Unified Code of Corrections is amended by
adding Section 3-12-17 as follows:
(730 ILCS 5/3-12-17 new)
Sec. 3-12-17. Correctional industries enhancement program.
(a) The Department, through its Illinois Correctional
Industries division, may operate or contract with the private
sector for substantial involvement in a correctional
industries enhancement program that includes, but is not
limited to, contracts for the operation of a direct private
sector business within a correctional institution and the
hiring of committed persons.
(b) The purposes and objectives of this program are to:
(1) increase the benefits to the general public by

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reimbursing the State for a portion of the costs of
incarceration;
(2) provide purposeful work for committed persons;
(3) increase job skills of committed persons;
(4) provide additional opportunities for
rehabilitating committed persons who are otherwise
ineligible to work outside correctional institutions, such
as committed persons incarcerated in maximum security
facilities;
(5) develop and establish new models for
correctional-based businesses that create jobs
approximating conditions of private sector employment;
(6) substantially involve the private sector and its
capital, management skills, and expertise in the design,
development, and operation of correctional-based
businesses;
(7) provide the financial basis for a committed person
to contribute to the support of his or her family;
(8) provide for the payment of State and federal taxes
on a committed person's wages, which are paid at the rate
of the prevailing or minimum wage rate; and
(9) provide savings for the committed person to have
available for his or her use upon the committed person's
eventual release from the correctional institution;
(c) Any contract authorized under a correctional
industries enhancement program must be in compliance with

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federal law governing committed person work programs.
(d) Any contract authorized under a correctional
industries enhancement program shall not result in the
significant displacement of employed workers in the community.
(e) The Department may take deductions from committed
person worker wages, but permissible deductions are limited to
taxes, room and board, family support, and victim compensation.
If victim compensation deductions are taken, the Department
must provide written assurances that the deductions will be not
less than 5% and not more than 20% of gross wages and that
deductions for all purposes will not total more than 80% of
gross wages.
(f) Written proof of compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is
required prior to program startup.
(g) Organized labor and local private industry must be
consulted prior to any business startup.
(h) Committed person workers must receive wages at a rate
not less than that paid for work of a similar nature in the
locality in which the work is performed.
(i) Committed person worker participation must be
voluntary.
(j) Notwithstanding any other law to the contrary, private
sector employers shall provide workers' compensation coverage
to committed persons who participate in a correctional
industries enhancement program under this Section.".