People Ex Rel. Department of Corrections v. Hawkins

I dissent from the majority’s decision in this case. I would find that the Department had no authority to attach Hawkins’s prison employment earnings as reimbursement pursuant to section 3 — 7—6 of the Code. I would also find that the Department could not obtain a judgment against Hawkins pursuant to section 3 — 7—6.

I

The majority holds that sections 3 — 7—6 and 3 — 12—5 of the Code can be read harmoniously to allow the Department to attach any and all income that a prisoner earns as an employee of the correctional industries program. I disagree. Section 3 — 12—5 states in pertinent part:

“Perso…