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Full Text of HB3773
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HB3773 - 104th General Assembly
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House Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3773
Introduced 2/18/2025, by Rep. Hoan Huynh
SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-4-1
from Ch. 38, par. 1003-4-1
Amends the Unified Code of Corrections. Deletes provision that 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 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). Provides that the Department of Central
Management Services shall contract with a qualified vendor for telephone
services in which the cost of the service is not based on the number of
telephone calls made. Provides that a committed person is entitled to make
free telephone calls from the correctional institution or facility.
Provides that neither the Department of Corrections nor its agents may
adopt rules that charge a committed person per telephone call made.
Provides that the Department of Corrections shall adopt rules determining
the length of each call made by a committed person, how many times each day
a committed person may make telephone calls, and may prohibit calls for
illegal purposes.
LRB104 09839 RLC 19907 b
A BILL FOR
HB3773
LRB104 09839 RLC 19907 b
1
AN ACT concerning criminal law.
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 Section 3-4-1 as follows:
6
(730 ILCS 5/3-4-1)
(from Ch. 38, par. 1003-4-1)
7
Sec. 3-4-1.
Gifts and Grants; Special Trusts Funds;
8
Department of Corrections Reimbursement and Education Fund.
9
(a) The Department may accept, receive and use, for and in
10
behalf of the State, any moneys, goods or services given for
11
general purposes of this Code by the federal government or
12
from any other source, public or private, including
13
collections from inmates, reimbursement of payments under the
14
Workers' Compensation Act, and commissions from inmate collect
15
call telephone systems under an agreement with the Department
16
of Central Management Services. For these purposes the
17
Department may comply with such conditions and enter into such
18
agreements upon such covenants, terms, and conditions as the
19
Department may deem necessary or desirable, if the agreement
20
is not in conflict with State law.
21
(a-5)
The Department of Central Management Services shall
22
contract with a qualified vendor for telephone services in
23
which the cost of the service is not based on the number of
HB3773
- 2 -
LRB104 09839 RLC 19907 b
1
telephone calls made. A committed person is entitled to make
2
free telephone calls from the correctional institution or
3
facility. Neither the Department of Corrections nor its agents
4
may adopt rules that charge a committed person per telephone
5
call made. The Department of Corrections shall adopt rules
6
determining the length of each call made by a committed
7
person, how many times each day a committed person may make
8
telephone calls, and may prohibit calls for illegal purposes.
9
Beginning January 1, 2018, the Department of Central
10
Management Services shall contract with the qualified vendor
11
who proposes the lowest per minute rate not exceeding 7 cents
12
per minute for debit, prepaid, collect calls and who does not
13
bill to any party any tax, service charge, or additional fee
14
exceeding the per minute rate, including, but not limited to,
15
any per call surcharge, account set up fee, bill statement
16
fee, monthly account maintenance charge, or refund fee as
17
established by the Federal Communications Commission Order for
18
state prisons in the Matter of Rates for Interstate Inmate
19
Calling Services, Second Report and Order, WC Docket 12-375,
20
FCC 15-136 (adopted Oct. 22, 2015). Telephone services made
21
available through a prepaid or collect call system shall
22
include international calls; those calls shall be made
23
available at reasonable rates subject to Federal
24
Communications Commission rules and regulations, but not to
25
exceed 23 cents per minute. Public Act 99-878 applies to any
26
new or renewal contract for inmate calling services.
HB3773
- 3 -
LRB104 09839 RLC 19907 b
1
(b) The Department of Corrections Reimbursement and
2
Education Fund is hereby created as a special fund in the State
3
Treasury. The moneys deposited into the Department of
4
Corrections Reimbursement and Education Fund shall be
5
appropriated to the Department of Corrections for the expenses
6
of the Department.
7
The following shall be deposited into the Department of
8
Corrections Reimbursement and Education Fund:
9
(i) Moneys received or recovered by the Department of
10
Corrections as reimbursement for expenses incurred for the
11
incarceration of committed persons.
12
(ii) Moneys received or recovered by the Department as
13
reimbursement of payments made under the Workers'
14
Compensation Act.
15
(iii) Moneys received by the Department as commissions
16
from inmate collect call telephone systems.
17
(iv) Moneys received or recovered by the Department as
18
reimbursement for expenses incurred by the employment of
19
persons referred to the Department as participants in the
20
federal Job Training Partnership Act programs.
21
(v) Federal moneys, including reimbursement and
22
advances for services rendered or to be rendered and
23
moneys for other than educational purposes, under grant or
24
contract.
25
(vi) Moneys identified for deposit into the Fund under
26
Section 13-44.4 of the School Code.
HB3773
- 4 -
LRB104 09839 RLC 19907 b
1
(vii) (Blank).
2
(c) The Department of Juvenile Justice Reimbursement and
3
Education Fund is created as a special fund in the State
4
Treasury. The moneys deposited into the Department of Juvenile
5
Justice Reimbursement Fund and Education shall be appropriated
6
to the Department of Juvenile Justice for the expenses of the
7
Department. The following moneys shall be deposited into the
8
Department of Juvenile Justice Reimbursement Fund and
9
Education Fund:
10
(i) received or recovered by the Department of
11
Juvenile Justice as reimbursement for expenses incurred
12
for the incarceration of committed youth;
13
(ii) received or recovered by the Department as
14
reimbursement of payments made under the Workers'
15
Compensation Act;
16
(iii) received or recovered by the Department as
17
reimbursement for expenses incurred by the employment of
18
persons referred to the Department as participants in the
19
federal Job Training Partnership Act programs;
20
(iv) federal moneys, including reimbursement and
21
advances for services rendered or to be rendered and
22
moneys for other than educational purposes, under grant or
23
contract; and
24
(v) moneys identified for deposit into the Fund under
25
Section 13-44.6 of the School Code.
26
(Source: P.A. 102-350, eff. 8-13-21; 102-699, eff. 7-1-22;
HB3773
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LRB104 09839 RLC 19907 b
1
103-616, eff. 7-1-24.)
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