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Full Text of HB5299
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HB5299 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5299
Introduced 2/10/2026, by Rep. Maurice A. West, II
SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-4-3
from Ch. 38, par. 1003-4-3
Amends the Unified Code of Corrections concerning the transfer of
committed persons funds. Provides that the Department of Corrections and
the Department of Juvenile Justice shall not enter into or renew any
contract with a vendor that provides electronic funds transfer services
that include total fees and charges of more than 2% of the total amount of
funds being transferred or $15 per transaction, whichever is less, for the
privilege of electronically transferring funds. Effective immediately.
LRB104 19349 RLC 32797 b
A BILL FOR
HB5299
LRB104 19349 RLC 32797 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 3-4-3 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.
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(a) The Department of Corrections and the Department of
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Juvenile Justice shall establish accounting records with
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accounts for each person who has or receives money while in an
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institution or facility of that Department and it shall allow
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the withdrawal and disbursement of money by the person under
13
rules and regulations of that Department. The Department of
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Juvenile Justice shall not be required to keep such deposited
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moneys in an interest-bearing bank account unless the annual
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interest earned would exceed the total annual costs and fees,
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including, but not limited to, transaction fees, associated
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with maintaining the account. Any interest or other income
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which may be earned from moneys deposited with the Department
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by a resident of the Department of Juvenile Justice shall
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accrue to the individual's account if the monthly interest
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attributable to an individual's account exceeds $1. All other
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balances shall accrue to the Residents' Benefit Fund. For an
HB5299
- 2 -
LRB104 19349 RLC 32797 b
1
individual in an institution or facility of the Department of
2
Corrections the interest shall accrue to the Residents'
3
Benefit Fund. The Department shall disburse all moneys so held
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no later than the person's final discharge from the
5
Department. Moneys in the account of a committed person who
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files a lawsuit determined frivolous under Article XXII of the
7
Code of Civil Procedure shall be deducted to pay for the filing
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fees and cost of the suit as provided in that Article. The
9
Department shall under rules and regulations record and
10
receipt all personal property not allowed to committed
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persons. The Department shall return such property to the
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individual no later than the person's release on parole or
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aftercare.
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(b) Any money held in accounts of committed persons
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separated from the Department by death, discharge, or
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unauthorized absence and unclaimed for a period of 1 year
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thereafter by the person or his legal representative shall be
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transmitted to the State Treasurer who shall deposit it into
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the General Revenue Fund. Articles of personal property of
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persons so separated may be sold or used by the Department if
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unclaimed for a period of 1 year for the same purpose.
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Clothing, if unclaimed within 30 days, may be used or disposed
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of as determined by the Department.
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(c) Forty percent of the profits on sales from commissary
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stores shall be expended by the Department for the special
26
benefit of committed persons which shall include but not be
HB5299
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LRB104 19349 RLC 32797 b
1
limited to the advancement of inmate payrolls, for the special
2
benefit of employees, and for the advancement or reimbursement
3
of employee travel, provided that amounts expended for
4
employees shall not exceed the amount of profits derived from
5
sales made to employees by such commissaries, as determined by
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the Department. The remainder of the profits from sales from
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commissary stores must be used first to pay for wages and
8
benefits of employees covered under a collective bargaining
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agreement who are employed at commissary facilities of the
10
Department and then to pay the costs of dietary staff.
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(d) The Department shall confiscate any unauthorized
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currency found in the possession of a committed person. The
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Department shall transmit the confiscated currency to the
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State Treasurer who shall deposit it into the General Revenue
15
Fund.
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(e) The Department shall not enter into or renew any
17
contract with a vendor that provides electronic funds transfer
18
services that include total fees and charges of more than 2% of
19
the total amount of funds being transferred or $15 per
20
transaction, whichever is less, for the privilege of
21
electronically transferring funds.
22
(Source: P.A. 103-1026, eff. 1-1-25
.)
23
Section 99.
Effective date.
This Act takes effect upon
24
becoming law.
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