ILCS » Chapter 730 · Act 5
Illinois Compiled Statutes

730 ILCS 5/3-7-2a (2026)

If a facility maintains a commissary or commissaries serving inmates, the selling prices for all goods shall be sufficient to cover the costs of the goods and an additional charge of up to 35% for tobacco products and up to 25% for non-tobacco products

✓ current as of May 2026
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(730 ILCS 5/3-7-2a) (from Ch. 38, par. 1003-7-2a)
    Sec. 3-7-2a. If a facility maintains a commissary or commissaries serving inmates, the selling prices for all goods shall be sufficient to cover the costs of the goods and an additional charge of up to 35% for tobacco products and up to 25% for non-tobacco products. The amount of the additional charges for goods sold at commissaries serving inmates shall be based upon the amount necessary to pay for the wages and benefits of commissary employees who are employed in any commissary facilities of the Department. The Department shall determine the additional charges upon any changes in wages and benefits of commissary employees as negotiated in the collective bargaining agreement. If a facility maintains a commissary or commissaries serving employees, the selling price for all goods shall be sufficient to cover the costs of the goods and an additional charge of up to 10%. A compliance audit of all commissaries and the distribution of commissary funds shall be included in the regular compliance audit of the Department conducted by the Auditor General in accordance with the Illinois State Auditing Act.
    Items purchased for sale at any such commissary shall be purchased, wherever possible, at wholesale costs. If a facility maintains a commissary or commissaries as of the effective date of this amendatory Act of the 93rd General Assembly, the Department may not contract with a private contractor or vendor to operate, manage, or perform any portion of the commissary services. The Department may not enter into any such contract for commissary services at a facility that opens subsequent to the effective date of this amendatory Act of the 93rd General Assembly.
(Source: P.A. 93-607, eff. 1-1-04; 94-913, eff. 6-23-06.)

    
Notes of Decisions
Cited in 10 cases, 1995–2017 · leading case: Hadley v. Illinois Dep't of Corr., 864 N.E.2d 162 (Ill. 2007).
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Hadley v. Illinois Dep't of Corr., 864 N.E.2d 162 (Ill. 2007). “50 (1988) (describing restrictions on funds received for deposit into a committed person's account); 730 ILCS 5/3-12-2 (West 2004) (describing the types of employment potentially available to committed persons through DOC); 730 ILCS 5/3-12-5 (West 2004) (authorizing compensation…”
Jackson v. Randle, 2011 IL App (4th) 100790 (Ill. App. Ct. 2011). · cites it 2× “OPINION ¶1 In October 2009, plaintiff, Romeo Jackson, sued, among others, the Illinois Department of Corrections (DOC), claiming that its commissary had been overcharging him and other inmates in violation of section 3-7-2a of the Unified Code of Corrections (Unified Code) (730…”
Ruhl v. The Dep't of Corr., 2015 IL App (3d) 130728 (Ill. App. Ct. 2015). · cites it 5× “The complaint alleged that the DOC had been overcharging plaintiffs for goods sold at the prison commissary in violation of section 3-7-2a of the Unified Code of Corrections (Unified Code) (730 ILCS 5/3-7-2a (West 2008)). ¶2 The DOC filed a motion to dismiss pursuant to section…”
Jackson v. Randle, 957 N.E.2d 572 (Ill. App. Ct. 2011). · cites it 3× “¶ 1 In October 2009, plaintiff, Romeo Jackson, sued, among others, the Illinois Department of Corrections (DOC), claiming that its commissary had been overcharging him and other inmates in violation of section 3-7-2a of the Unified Code of Corrections (Unified Code) (730 ILCS…”
Ruhl v. The Dep't of Corr., 2015 IL App (3d) 130728 (Ill. App. Ct. 2015). · cites it 4× “The complaint alleged that the DOC had been overcharging plaintiffs for goods sold at the prison commissary in violation of section 3-7-2a of the Unified Code of Corrections (Unified Code) (730 ILCS 5/3-7-2a (West 2008)). ¶2 The DOC filed a motion to dismiss pursuant to section…”
Robinson v. Illinois State Corr. Ctr., 890 F. Supp. 715 (N.D. Ill. 1995). “See 730 ILCS 5/3-7-2a (regulating commis sary prices); Ill.”
Cebertowicz v. Baldwin, 2017 IL App (4th) 160535 (Ill. App. Ct. 2017). · cites it 2× “Plaintiff’s Standing ¶ 15 In Jackson, 2011 IL App (4th) 100790, ¶¶ 1-2 , a prisoner accused the Department and certain of its officers of violating section 3-7-2a of the Unified Code (730 ILCS 5/3-7-2a (West 2008)) by overcharging him for commissary items.”
Ronald Ruhl v. Marcus Hardy, 692 F. App'x 295 (7th Cir. 2017). “Although Illinois law prohibits charging prisoners more than 25% above cost for commissary items, 730 ILCS 5/3-7-2a, the Department of Corrections had added another 7% as “overhead,” effectively fleecing prisoners of more than $10.”
Cebertowicz v. Baldwin, 2017 IL App (4th) 160535 (Ill. App. Ct. 2017). · cites it 2× “Plaintiff’s Standing ¶ 15 In Jackson, 2011 IL App (4th) 100790, ¶¶ 1-2 , a prisoner accused the Department and certain of its officers of violating section 3-7-2a of the Unified Code (730 ILCS 5/3-7-2a (West 2008)) by overcharging him for commissary items.”
Cebertowicz v. Baldwin, 2017 IL App (4th) 160535 (Ill. App. Ct. 2017). · cites it 2× “Plaintiff’s Standing ¶ 15 In Jackson, 2011 IL App (4th) 100790, ¶¶ 1-2 , a prisoner accused the Department and certain of its officers of violating section 3-7-2a of the Unified Code (730 ILCS 5/3-7-2a (West 2008)) by overcharging him for commissary items.”
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