Rep. Thomas M. Bennett
Filed: 3/22/2018
 
 


 




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1
AMENDMENT TO HOUSE BILL 4199 




2 AMENDMENT NO. ______. Amend House Bill 4199 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Unified Code of Corrections is amended by 
5adding Section 3-12-17 as follows:

6 (730 ILCS 5/3-12-17 new)
7 Sec. 3-12-17. Correctional industries enhancement program.
8 (a) The Department, through its Illinois Correctional 
9Industries division, may operate or contract with the private 
10sector for substantial involvement in a correctional 
11industries enhancement program that includes, but is not 
12limited to, contracts for the operation of a direct private 
13sector business within a correctional institution and the 
14hiring of committed persons.
15 (b) The purposes and objectives of this program are to:
16  (1) increase the benefits to the general public by 
 
 
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1 reimbursing the State for a portion of the costs of 
2 incarceration;
3  (2) provide purposeful work for committed persons;
4  (3) increase job skills of committed persons;
5  (4) provide additional opportunities for 
6 rehabilitating committed persons who are otherwise 
7 ineligible to work outside correctional institutions, such 
8 as committed persons incarcerated in maximum security 
9 facilities;
10  (5) develop and establish new models for 
11 correctional-based businesses that create jobs 
12 approximating conditions of private sector employment;
13  (6) substantially involve the private sector and its 
14 capital, management skills, and expertise in the design, 
15 development, and operation of correctional-based 
16 businesses;
17  (7) provide the financial basis for a committed person 
18 to contribute to the support of his or her family;
19  (8) provide for the payment of State and federal taxes 
20 on a committed person's wages, which are paid at the rate 
21 of the prevailing or minimum wage rate; and
22  (9) provide savings for the committed person to have 
23 available for his or her use upon the committed person's 
24 eventual release from the correctional institution;
25 (c) Any contract authorized under a correctional 
26industries enhancement program must be in compliance with 
 
 
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1federal law governing committed person work programs.
2 (d) Any contract authorized under a correctional 
3industries enhancement program shall not result in the 
4significant displacement of employed workers in the community.
5 (e) The Department may take deductions from committed 
6person worker wages, but permissible deductions are limited to 
7taxes, room and board, family support, and victim compensation. 
8If victim compensation deductions are taken, the Department 
9must provide written assurances that the deductions will be not 
10less than 5% and not more than 20% of gross wages and that 
11deductions for all purposes will not total more than 80% of 
12gross wages.
13 (f) Written proof of compliance with the National 
14Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is 
15required prior to program startup.
16 (g) Organized labor and local private industry must be 
17consulted prior to any business startup.
18 (h) Committed person workers must receive wages at a rate 
19not less than that paid for work of a similar nature in the 
20locality in which the work is performed.
21 (i) Committed person worker participation must be 
22voluntary.
23 (j) Notwithstanding any other law to the contrary, private 
24sector employers shall provide workers' compensation coverage 
25to committed persons who participate in a correctional 
26industries enhancement program under this Section.".