2005 Illinois 730 ILCS 5/ Unified Code of Corrections. Article 13 - Work and Day Release
(730 ILCS 5/Ch. III Art. 13 heading)
ARTICLE 13.
WORK AND DAY RELEASE
(730 ILCS 5/3‑13‑1) (from Ch. 38, par. 1003‑13‑1)
Sec. 3‑13‑1.
Establishment.
The Department shall establish and maintain
work and day release programs and facilities for persons committed to the
Department. The Department may establish work and day release programs for
nonviolent pregnant female offenders and nonviolent female offenders and
their children under the age of 6.
(Source: P.A. 86‑1380.)
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(730 ILCS 5/3‑13‑2) (from Ch. 38, par. 1003‑13‑2)
Sec. 3‑13‑2.
Purposes.
The Department may allow a committed person to leave an institution or
facility during reasonable hours where such release would assist the
individual's rehabilitation and would not cause undue risk to the public
for any of the following purposes:
(1) work; or
(2) conduct a business or other self‑employed occupation including
housekeeping or attending to family needs; or
(3) attend an educational institution, including vocational education;
or
(4) obtain medical or psychological treatment, including treatment for
drug addiction or alcoholism; or
(5) other purposes directly related to programs of the Department.
(Source: P.A. 77‑2097.)
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(730 ILCS 5/3‑13‑3) (from Ch. 38, par. 1003‑13‑3)
Sec. 3‑13‑3.
Record of Release Status.
The fact and circumstances of release status shall be entered in the
master record file of each person placed on work or day release.
(Source: P.A. 77‑2097.)
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(730 ILCS 5/3‑13‑4) (from Ch. 38, par. 1003‑13‑4)
Sec. 3‑13‑4.
Rules and Sanctions.) (a) The Department shall
establish rules governing release status and shall provide written
copies of such rules to both the committed person on work or day release
and to the employer or other person responsible for the individual.
Such employer or other responsible person shall agree to abide by such
rules, notify the Department of any violation thereof by the individual
on release status, and notify the Department of the discharge of the
person from work or other programs.
(b) If a committed person violates any rule, the Department may
impose sanctions appropriate to the violation. The Department shall
provide sanctions for unauthorized absences which shall include
prosecution for escape under Section 3‑6‑4.
(c) An order certified by the Director, Assistant Director
Adult Division, or the Supervisor of the Apprehension Unit, or a person
duly designated by him or her, with the seal of the Department of Corrections
attached and directed to all sheriffs, coroners, police officers, or to
any particular persons named in the order shall be sufficient
warrant for the officer or person named therein to arrest and deliver
the violator to the proper correctional official. Such order shall be
executed the same as criminal processes.
In the event that a work‑releasee is arrested for another crime, the
sheriff or police officer shall hold the releasee in custody until he
notifies the nearest Office of Field Services or any of the above‑named
persons designated in this Section to certify the particular process or
warrant.
(d) Not less than 15 days prior to any person being placed in a work release
facility, the Department of Corrections shall provide to the State's Attorney
and Sheriff of the county in which the work release center is located, relevant
identifying information concerning the person to be placed in the work release
facility. Such information shall include, but not be limited to, such identifying
information as name, age, physical description, photograph, the offense,
and the sentence for which the person is serving time in the Department
of Corrections, and like information. The Department of Corrections shall,
in addition, give written notice not less than 15 days prior to the
placement to the State's Attorney of the county from which the offender
was originally sentenced.
(Source: P.A. 83‑346.)
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(730 ILCS 5/3‑13‑5) (from Ch. 38, par. 1003‑13‑5)
Sec. 3‑13‑5.
Wages and Working Conditions.
A person on work release shall not be required to work for less than the
prevailing wage or under worse than prevailing working conditions in the
area.
(Source: P. A. 77‑2097.)
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(730 ILCS 5/3‑13‑6) (from Ch. 38, par. 1003‑13‑6)
Sec. 3‑13‑6.
Expenses; Disposition of Wages.
(a) The Department shall establish reasonable fees for the costs of
maintenance, transportation, and incidental expenses for those released for
employment purposes. Advances of moneys as required by persons prior to
receiving their first paycheck may be made by the Department under rules
and regulations established by it.
(b) Compensation paid on account of any person's employment shall be
credited to the individual's account in a bank or other financial
institution determined by the Department.
(c) Any earnings after deduction of costs by the Department shall be
sent to any legal dependents of the individual, if he shall direct, or to
the appropriate agency if such dependents are receiving public assistance
or are residents of a State hospital, State school, or foster care facility
provided by the State. The surplus shall be deposited in his account for
distribution at his direction according to rules and regulations of the
Department.
(Source: P. A. 77‑2097.)
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