Prison Phone Justice

Public Act 099-0878
HB6200 Enrolled

LRB099 19719 RLC 45164 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois,
represented in the General Assembly:

Section 1. Legislative findings and intent. The General
Assembly finds that the ability of an individual incarcerated
to maintain contact with the community and family is critical
to

a

successful

re-entry

after

release

from

prison.

In

addition, many incarcerated people are parents. Communication
has been proven essential to the healthy development of their
children. Many people are incarcerated far away from where
their family and friends reside, which in some cases may be a
country

outside

the

United

States.

Telephone

calls

are

frequently the only method available to maintain vital contact
with loved ones. The purpose of this legislation is to ensure
that people incarcerated can maintain contact with their loved
ones

without

creating

an

undue

burden

on

the

person

incarcerated or the recipient of phone calls. The General
Assembly intends that when determining the best value of a
telephone service, the lowest possible cost to the telephone
user shall be emphasized.

Section 5. The Unified Code of Corrections is amended by
changing Section 3-4-1 as follows:

Public Act 099-0878
HB6200 Enrolled

LRB099 19719 RLC 45164 b

(730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1)
Sec.

3-4-1.

Gifts

and

Grants;

Special

Trusts

Funds;

Department of Corrections Reimbursement and Education Fund.
(a) The Department may accept, receive and use, for and in
behalf of the State, any moneys, goods or services given for
general purposes of this Code by the federal government or from
any other source, public or private, including collections from
inmates,

reimbursement

of

payments

under

the

Workers'

Compensation Act, and commissions from inmate collect call
telephone systems under an agreement with the Department of
Central Management Services. For these purposes the Department
may comply with such conditions and enter into such agreements
upon such covenants, terms, and conditions as the Department
may deem necessary or desirable, if the agreement is not in
conflict with State law.
(a-5) Beginning January 1, 2018, 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,

Public Act 099-0878
HB6200 Enrolled

LRB099 19719 RLC 45164 b

FCC 15-136 (adopted Oct. 22, 2015). Telephone services made
available through a
include

prepaid or

international

available

at

calls;

reasonable

collect call

those
rates

calls

system shall

shall

subject

to

be

made

Federal

Communications Commission rules and regulations, but not to
exceed 23 cents per minute. This amendatory Act of the 99th
General Assembly applies to any new or renewal contract for
inmate calling services.
(b)

On

July

1,

1998,

the

Department

of

Corrections

Reimbursement Fund and the Department of Corrections Education
Fund shall be combined into a single fund to be known as the
Department of Corrections Reimbursement and Education Fund,
which

is

hereby

Treasury.
Corrections

The

created

moneys

as

a

special

deposited

Reimbursement

and

into

fund
the

Education

in

the

State

Department
Fund

shall

of
be

appropriated to the Department of Corrections for the expenses
of the Department.
The following shall be deposited into the Department of
Corrections Reimbursement and Education Fund:
(i) Moneys received or recovered by the Department of
Corrections as reimbursement for expenses incurred for the
incarceration of committed persons.
(ii) Moneys received or recovered by the Department as
reimbursement

of

payments

made

under

the

Workers'

Compensation Act.
(iii) Moneys received by the Department as commissions

Public Act 099-0878
HB6200 Enrolled

LRB099 19719 RLC 45164 b

from inmate collect call telephone systems.
(iv) Moneys received or recovered by the Department as
reimbursement for expenses incurred by the employment of
persons referred to the Department as participants in the
federal Job Training Partnership Act programs.
(v)

Federal

moneys,

including

reimbursement

and

advances for services rendered or to be rendered and moneys
for

other

than

educational

purposes,

under

grant

or

contract.
(vi) Moneys identified for deposit into the Fund under
Section 13-44.4 of the School Code.
(vii)

Moneys

Reimbursement

Fund

in
and

the
the

Department
Department

of

Corrections

of

Corrections

Education Fund at the close of business on June 30, 1998.
(Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98.)

Section 99. Effective date. This Act takes effect January
1, 2017.