Full Text of HB3055 103rd General Assembly
HB3055enr 103RD GENERAL ASSEMBLY |
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| 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 1. Short title. This Act may be cited as the Faith | 5 | | Behind Bars Act. | 6 | | Section 5. Findings and declaration of policy. | 7 | | (a) The General Assembly hereby finds, determines, and | 8 | | declares the following that: | 9 | | (1) Chaplains play a key role in helping persons | 10 | | committed to correctional institutions and facilities | 11 | | transform their understanding of responsibility, choices, | 12 | | and possibilities and that behavior only changes when | 13 | | hearts change. | 14 | | (2) Without a spiritual-based transformation there is | 15 | | little hope for sincere, lasting change in any of us. | 16 | | Without a faith-based after-care living situation an | 17 | | ex-offender has little chance of succeeding on the street.
| 18 | | (3) That the chaplain's personal contact is crucial. A | 19 | | chaplain ministers through relationship. Being accepting, | 20 | | nonjudgmental, and working toward self-esteem issues is | 21 | | important. | 22 | | (4) According to a Pew Research Center 2012 Study,
| 23 | | Religion in Prisons, 50 state survey of Prison Chaplains, |
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| 1 | | about 71% of chaplains identify as Protestants, 13% as | 2 | | Catholics, 7% as Muslims, and the remainder identify with | 3 | | other religions, including Judaism and Native American | 4 | | spirituality. A plurality of the chaplains 44% consider | 5 | | their faith to be part of the evangelical Protestant | 6 | | tradition while 15% come from a mainline Protestant | 7 | | tradition and 7% are from a historically black Protestant | 8 | | tradition.
| 9 | | (5) A Pew Forum survey ranked the top 3 activities of | 10 | | chaplains that are most important, personally leading | 11 | | worship services, religious instruction sessions, or | 12 | | spiritual counseling sessions. About 75% of the chaplains | 13 | | surveyed consider this to be among their most important | 14 | | functions, including 57% who ranked it as their number one | 15 | | priority. | 16 | | (6) The Pew Forum survey found that most prison | 17 | | chaplains say there are too few religious volunteers to | 18 | | meet the needs of all inmates. About 69% of prison | 19 | | chaplains surveyed say there are some religious groups for | 20 | | which there are too few volunteers in the prisons where | 21 | | they work. | 22 | | (7) A 2020 Audit of federal prisons found that the | 23 | | Federal Bureau of Prisons chaplaincy services departments | 24 | | are not staffed according to the Federal Bureau of Prisons | 25 | | guidelines at many institutions. The Federal Bureau of | 26 | | Prisons current policy states that, at a minimum, each |
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| 1 | | chaplaincy services department should be staffed with at | 2 | | least one chaplain and one religious services assistant. | 3 | | This standard translates to a minimum need for 122 | 4 | | chaplains and 122 religious services assistants throughout | 5 | | the Federal Bureau of Prisons. However, as of March 2020, | 6 | | nearly half of the Federal Bureau of Prisons institutions | 7 | | had no religious services assistant, 3 institutions had no | 8 | | chaplain at all, 21 institutions employed a single | 9 | | chaplain, and 2 institutions had only recently filled | 10 | | their only chaplain position after long vacancies. In | 11 | | addition to the minimum staffing level, Federal Bureau of | 12 | | Prisons guidelines also suggest that institutions | 13 | | supplement the minimum requirement with additional | 14 | | chaplains based on inmate population (one chaplain per 500 | 15 | | inmates) and specific characteristics of the institution, | 16 | | such as being a major medical center, having 2 or more | 17 | | satellite facilities, or the inclusion of a special unit, | 18 | | each of which should have one additional chaplain. | 19 | | Therefore, the Federal Bureau of Prisons' chaplaincy | 20 | | services staffing and supplemental guidelines suggest that | 21 | | a fully staffed chaplaincy would include 357 chaplains and | 22 | | 122 religious services assistants. As of March 2020, the | 23 | | Federal Bureau of Prisons' chaplaincy staff included only | 24 | | 236 chaplains and 64 religious services assistants, which | 25 | | is approximately 30% below what the Federal Bureau of | 26 | | Prisons' guidelines consider to be a fully staffed |
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| 1 | | chaplaincy for the inmate population. The 2020 audit of | 2 | | federal prisons reports that some Federal Bureau of | 3 | | Prisons institutions were without any chaplaincy staff. | 4 | | During the audit, there was a peak of at least 3 | 5 | | institutions that were without a chaplain. The audit found | 6 | | that critical tasks may not be accomplished, including | 7 | | purchasing and reviewing library materials and conducting | 8 | | certain faith-based programming. | 9 | | (b) It is the intent of the General Assembly to rectify in | 10 | | this State the deficiencies that occur in prison ministries of | 11 | | other states and the federal prison system by enacting the | 12 | | Faith Behind Bars Act.
| 13 | | Section 10. Definitions. | 14 | | (a) In this Act: | 15 | | "Chaplain" means a cleric, such as a minister, priest, | 16 | | pastor, rabbi, or imam, or a lay representative of a religious | 17 | | tradition, attached to a correctional institution or facility.
| 18 | | "Chaplaincy" means the general activity performed by a | 19 | | chaplain, which may include crisis ministry, counseling, | 20 | | sacraments, worship, education, help in ethical | 21 | | decision-making, staff support, clergy contact, and community | 22 | | or church coordination.
| 23 | | "Chaplaincy services" means services offered by a chaplain | 24 | | or lay person. | 25 | | "Committed person" has the meaning ascribed to it in |
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| 1 | | Section 1-2 of the Unified Code of Corrections. | 2 | | "Correctional institution or facility" has the meaning | 3 | | ascribed to it in Section 1-2 of the Unified Code of | 4 | | Corrections. | 5 | | "Undue burden" means significant difficulty, expense, or | 6 | | detriment to the safety and security of the facility. | 7 | | Section 15. Right to practice faith in a correctional | 8 | | institution or facility. | 9 | | (a) A committed person has a right to practice his or her | 10 | | faith in a correctional institution or facility absent harm or | 11 | | without undue burden to the State's correctional system. | 12 | | (b) A committed person belonging to a faith group in a | 13 | | correctional institution or facility shall have access to | 14 | | pastoral and spiritual care absent harm or without undue | 15 | | burden to the State's correctional system. | 16 | | (c) Absent harm or undue burden, a correctional | 17 | | institution or facility shall provide reading materials for | 18 | | diverse faith groups, including, but not limited to, | 19 | | spiritual, religious texts, prayer manuals, prayer mats, and | 20 | | other requested material from committed persons.
| 21 | | (d) All correctional institutions and facilities in this | 22 | | State shall provide committed persons the ability to pray by | 23 | | facilitating time and clean location, fast by allowing a | 24 | | committed person to abstain from food when appropriate, and | 25 | | respect for dietary restrictions absent harm or without undue |
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| 1 | | burden to the State's correctional system. | 2 | | (e) All correctional institutions and facilities in this | 3 | | State shall hold a training seminar administered by chaplains | 4 | | of the leading faith groups representing the State's | 5 | | correctional institutions and facilities population every 5 | 6 | | years for wardens and chief administrative officers of | 7 | | correctional institutions and facilities to familiarize | 8 | | themselves with the foundations of each faith group.
| 9 | | (f) All correctional institutions and facilities in this | 10 | | State shall maintain a chaplain database of chaplains | 11 | | representing the percentage of the correctional institutions | 12 | | and facilities populations' various faith groups. | 13 | | (g) All correctional institutions and facilities in this | 14 | | State shall provide access to chaplains in the State's | 15 | | correctional system as requested by a committed person | 16 | | belonging to a specific faith group cross-referenced by the | 17 | | correctional institutions and facilities chaplain database. | 18 | | (h) All correctional institutions and facilities in this | 19 | | State shall not bar chaplains from access to committed persons | 20 | | absent evidence of potential harm or threat to the security of | 21 | | the State's correctional system. | 22 | | (i) All correctional institutions and facilities in this | 23 | | State shall grant requests of religious observance gatherings, | 24 | | including, but not limited to, mass, weekly congregations, | 25 | | sermons, and pastoral meetings absent harm or undue burden to | 26 | | the State's correctional system.
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| 1 | | (j) In determining whether an action would result in an | 2 | | undue burden under this Section, factors to be considered by | 3 | | the warden or chief administrative officer of the correctional | 4 | | institution or facility include: | 5 | | (1) the nature and cost of the action needed under | 6 | | this Section; | 7 | | (2) the overall financial resources of the | 8 | | correctional institution or facility involved in the | 9 | | action; | 10 | | (3) the number of persons employed at the correctional | 11 | | institution or facility; | 12 | | (4) the effect on expenses and resources of the | 13 | | correctional institution or facility; and | 14 | | (5) legitimate safety and security requirements that | 15 | | are necessary for safe operation of the correctional | 16 | | institution or facility, including crime prevention | 17 | | measures.
| 18 | | Section 90. The Unified Code of Corrections is amended by | 19 | | changing Section 3-7-2 as follows: | 20 | | (730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2) | 21 | | (Text of Section before amendment by P.A. 102-1111 ) | 22 | | Sec. 3-7-2. Facilities. | 23 | | (a) All institutions and facilities of the Department | 24 | | shall provide
every committed person with access to toilet |
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| 1 | | facilities, barber
facilities, bathing facilities at least | 2 | | once each week, a library of
legal materials and published | 3 | | materials including newspapers and magazines
approved by the | 4 | | Director. A committed person may not receive any materials
| 5 | | that the Director deems pornographic. | 6 | | (b) (Blank). | 7 | | (c) All institutions and facilities of the Department | 8 | | shall provide
facilities for every committed person to leave | 9 | | his cell for at least one
hour each day unless the chief | 10 | | administrative officer determines that it
would be harmful or | 11 | | dangerous to the security or safety of the
institution or | 12 | | facility. | 13 | | (d) All institutions and facilities of the Department | 14 | | shall provide
every committed person with a wholesome and | 15 | | nutritional diet at
regularly scheduled hours, drinking water, | 16 | | clothing adequate for the
season, bedding, soap and towels and | 17 | | medical and dental care. | 18 | | (e) All institutions and facilities of the Department | 19 | | shall permit
every committed person to send and receive an | 20 | | unlimited number of
uncensored letters, provided, however, | 21 | | that the Director may order that
mail be inspected and read for | 22 | | reasons of the security, safety or morale
of the institution | 23 | | or facility. | 24 | | (f) All of the institutions and facilities of the | 25 | | Department shall
permit every committed person to receive | 26 | | in-person visitors and video contact, if available, except in |
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| 1 | | case of
abuse of the visiting privilege or when the chief | 2 | | administrative officer
determines that such visiting would be | 3 | | harmful or dangerous to the
security, safety or morale of the | 4 | | institution or facility.
Each committed person is entitled to | 5 | | 7 visits per month. Every committed person may submit a list of | 6 | | at least 30 persons to the Department that are authorized to | 7 | | visit the committed person. The list shall be kept in an | 8 | | electronic format by the Department beginning on August 1, | 9 | | 2019, as well as available in paper form for Department | 10 | | employees. The chief administrative officer shall have the | 11 | | right to restrict visitation
to non-contact visits, video, or | 12 | | other forms of non-contact visits for reasons of safety, | 13 | | security, and order, including,
but not limited to, | 14 | | restricting contact visits for committed persons engaged in
| 15 | | gang activity.
No committed person in a super maximum security | 16 | | facility or on disciplinary
segregation is allowed contact | 17 | | visits. Any committed person found in
possession of illegal | 18 | | drugs or who fails a drug test shall not be permitted
contact | 19 | | visits for a period of at least 6 months. Any committed person
| 20 | | involved in gang activities or found guilty of assault | 21 | | committed against a
Department employee shall not be permitted | 22 | | contact visits for a period of at
least 6 months. The | 23 | | Department shall offer every visitor appropriate written | 24 | | information concerning HIV and AIDS, including information | 25 | | concerning how to contact the Illinois Department of Public | 26 | | Health for counseling information. The Department shall |
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| 1 | | develop the written materials in consultation with the | 2 | | Department of Public Health. The Department shall ensure that | 3 | | all such information and materials are culturally sensitive | 4 | | and reflect cultural diversity as appropriate. Implementation | 5 | | of the changes made to this Section by Public Act 94-629 is | 6 | | subject to appropriation.
The Department shall seek the lowest | 7 | | possible cost to provide video calling and shall charge to the | 8 | | extent of recovering any demonstrated costs of providing video | 9 | | calling. The Department shall not make a commission or profit | 10 | | from video calling services. Nothing in this Section shall be | 11 | | construed to permit video calling instead of in-person | 12 | | visitation. | 13 | | (f-5) (Blank). | 14 | | (f-10) The Department may not restrict or limit in-person | 15 | | visits to committed persons due to the availability of | 16 | | interactive video conferences. | 17 | | (f-15)(1) The Department shall issue a standard written | 18 | | policy for each institution and facility of the Department | 19 | | that provides for: | 20 | | (A) the number of in-person visits each committed
| 21 | | person is entitled to per week and per month including the | 22 | | requirements of subsection (f) of this Section; | 23 | | (B) the hours of in-person visits; | 24 | | (C) the type of identification required for visitors | 25 | | at least 18 years of age; and | 26 | | (D) the type of identification, if any, required for |
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| 1 | | visitors under 18 years of age. | 2 | | (2) This policy shall be posted on the Department website
| 3 | | and at each facility. | 4 | | (3) The Department shall post on its website daily any
| 5 | | restrictions or denials of visitation for that day and the
| 6 | | succeeding 5 calendar days, including those based on a | 7 | | lockdown
of the facility, to inform family members and other | 8 | | visitors. | 9 | | (g) All institutions and facilities of the Department | 10 | | shall permit
religious ministrations and sacraments to be | 11 | | available to every
committed person, but attendance at | 12 | | religious services shall not be
required. | 13 | | (h) Within 90 days after December 31, 1996, the Department | 14 | | shall prohibit
the use of curtains, cell-coverings, or any | 15 | | other matter or object that
obstructs or otherwise impairs the | 16 | | line of vision into a committed person's
cell. | 17 | | (i) A point of contact person appointed under subsection | 18 | | (u-6) of Section 3-2-2 of this Code shall promptly and | 19 | | efficiently review suggestions, complaints, and other requests | 20 | | made by visitors to institutions and facilities of the | 21 | | Department and by other members of the public. Based on the | 22 | | nature of the submission, the point of contact person shall | 23 | | communicate with the appropriate division of the Department, | 24 | | disseminate the concern or complaint, and act as liaison | 25 | | between the parties to reach a resolution. | 26 | | (1) The point of contact person shall maintain |
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| 1 | | information about the subject matter of each | 2 | | correspondence, including, but not limited to, information | 3 | | about the following subjects: | 4 | | (A) the parties making the submission; | 5 | | (B) any commissary-related concerns; | 6 | | (C) any concerns about the institution or | 7 | | facility's COVID protocols and mitigations; | 8 | | (D) any concerns about mail, video, or electronic | 9 | | messages or other communications with incarcerated | 10 | | persons; | 11 | | (E) any concerns about the institution or | 12 | | facility; | 13 | | (F) any discipline-related concerns; | 14 | | (G) any concerns about earned sentencing credits; | 15 | | (H) any concerns about educational opportunities | 16 | | for incarcerated persons; | 17 | | (I) any concerns about health-related matters; | 18 | | (J) any mental health concerns; | 19 | | (K) any concerns about personal property; | 20 | | (L) any concerns about the records of the | 21 | | incarcerated person; | 22 | | (M) any concerns about recreational opportunities | 23 | | for incarcerated persons; | 24 | | (N) any staffing-related concerns; | 25 | | (O) any concerns about the transfer of individuals | 26 | | in custody; |
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| 1 | | (P) any concerns about visitation; and | 2 | | (Q) any concerns about work opportunities for | 3 | | incarcerated persons. | 4 | | The information shall be maintained in accordance with | 5 | | standards set by the Department of Corrections, and shall | 6 | | be made available to the Department's Planning and | 7 | | Research Division. The point of contact person shall | 8 | | provide a summary of the results of the review, including | 9 | | any resolution or recommendations made as a result of | 10 | | correspondence with the Planning and Research Division of | 11 | | the Department. | 12 | | (2) The Department shall provide an annual written | 13 | | report to the General Assembly and the Governor, with the | 14 | | first report due no later than January 1, 2023, and | 15 | | publish the report on its website within 48 hours after | 16 | | the report is transmitted to the Governor and the General | 17 | | Assembly. The report shall include a summary of activities | 18 | | undertaken and completed as a result of submissions to the | 19 | | point of contact person. The Department of Corrections | 20 | | shall collect and report the following aggregated and | 21 | | disaggregated data for each institution and facility and | 22 | | describe: | 23 | | (A) the work of the point of contact person; | 24 | | (B) the general nature of suggestions, complaints, | 25 | | and other requests submitted to the point of contact | 26 | | person; |
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| 1 | | (C) the volume of emails, calls, letters, and | 2 | | other correspondence received by the point of contact | 3 | | person; | 4 | | (D) the resolutions reached or recommendations | 5 | | made as a result of the point of contact person's | 6 | | review; | 7 | | (E) whether, if an investigation is recommended, a | 8 | | report of the complaint was forwarded to the Chief | 9 | | Inspector of the Department or other Department | 10 | | employee, and the resolution of the complaint, and if | 11 | | the investigation has not concluded, a detailed status | 12 | | report on the complaint; and | 13 | | (F) any recommendations that the point of contact | 14 | | person has relating to systemic issues in the | 15 | | Department of Corrections, and any other matters for | 16 | | consideration by the General Assembly and the | 17 | | Governor. | 18 | | The name, address, or other personally identifiable | 19 | | information of a person who files a complaint, suggestion, | 20 | | or other request with the point of contact person, and | 21 | | confidential records shall be redacted from the annual | 22 | | report and are not subject to disclosure under the Freedom | 23 | | of Information Act. The Department shall disclose the | 24 | | records only if required by a court order on a showing of | 25 | | good cause. | 26 | | (3) The Department must post in a conspicuous place in |
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| 1 | | the waiting area of every facility or institution a sign | 2 | | that contains in bold, black type the following: | 3 | | (A) a short statement notifying visitors of the | 4 | | point of contact person and that person's duty to | 5 | | receive suggestions, complaints, or other requests; | 6 | | and | 7 | | (B) information on how to submit suggestions, | 8 | | complaints, or other requests to the point of contact | 9 | | person. | 10 | | (Source: P.A. 102-1082, eff. 6-10-22.) | 11 | | (Text of Section after amendment by P.A. 102-1111 ) | 12 | | Sec. 3-7-2. Facilities. | 13 | | (a) All institutions and facilities of the Department | 14 | | shall provide
every committed person with access to toilet | 15 | | facilities, barber
facilities, bathing facilities at least | 16 | | once each week, a library of
legal materials and published | 17 | | materials including newspapers and magazines
approved by the | 18 | | Director. A committed person may not receive any materials
| 19 | | that the Director deems pornographic. | 20 | | (b) (Blank). | 21 | | (c) All institutions and facilities of the Department | 22 | | shall provide
facilities for every committed person to leave | 23 | | his cell for at least one
hour each day unless the chief | 24 | | administrative officer determines that it
would be harmful or | 25 | | dangerous to the security or safety of the
institution or |
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| 1 | | facility. | 2 | | (d) All institutions and facilities of the Department | 3 | | shall provide
every committed person with a wholesome and | 4 | | nutritional diet at
regularly scheduled hours, drinking water, | 5 | | clothing adequate for the
season, including underwear, | 6 | | bedding, soap and towels and medical and dental care. | 7 | | Underwear provided to each committed person in all | 8 | | institutions and facilities of the Department shall be free of | 9 | | charge and shall be provided at any time upon request, | 10 | | including multiple requests, of the committed person or as | 11 | | needed by the committed person. | 12 | | (e) All institutions and facilities of the Department | 13 | | shall permit
every committed person to send and receive an | 14 | | unlimited number of
uncensored letters, provided, however, | 15 | | that the Director may order that
mail be inspected and read for | 16 | | reasons of the security, safety or morale
of the institution | 17 | | or facility. | 18 | | (f) All of the institutions and facilities of the | 19 | | Department shall
permit every committed person to receive | 20 | | in-person visitors and video contact, if available, except in | 21 | | case of
abuse of the visiting privilege or when the chief | 22 | | administrative officer
determines that such visiting would be | 23 | | harmful or dangerous to the
security, safety or morale of the | 24 | | institution or facility.
Each committed person is entitled to | 25 | | 7 visits per month. Every committed person may submit a list of | 26 | | at least 30 persons to the Department that are authorized to |
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| 1 | | visit the committed person. The list shall be kept in an | 2 | | electronic format by the Department beginning on August 1, | 3 | | 2019, as well as available in paper form for Department | 4 | | employees. The chief administrative officer shall have the | 5 | | right to restrict visitation
to non-contact visits, video, or | 6 | | other forms of non-contact visits for reasons of safety, | 7 | | security, and order, including,
but not limited to, | 8 | | restricting contact visits for committed persons engaged in
| 9 | | gang activity.
No committed person in a super maximum security | 10 | | facility or on disciplinary
segregation is allowed contact | 11 | | visits. Any committed person found in
possession of illegal | 12 | | drugs or who fails a drug test shall not be permitted
contact | 13 | | visits for a period of at least 6 months. Any committed person
| 14 | | involved in gang activities or found guilty of assault | 15 | | committed against a
Department employee shall not be permitted | 16 | | contact visits for a period of at
least 6 months. The | 17 | | Department shall offer every visitor appropriate written | 18 | | information concerning HIV and AIDS, including information | 19 | | concerning how to contact the Illinois Department of Public | 20 | | Health for counseling information. The Department shall | 21 | | develop the written materials in consultation with the | 22 | | Department of Public Health. The Department shall ensure that | 23 | | all such information and materials are culturally sensitive | 24 | | and reflect cultural diversity as appropriate. Implementation | 25 | | of the changes made to this Section by Public Act 94-629 is | 26 | | subject to appropriation.
The Department shall seek the lowest |
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| 1 | | possible cost to provide video calling and shall charge to the | 2 | | extent of recovering any demonstrated costs of providing video | 3 | | calling. The Department shall not make a commission or profit | 4 | | from video calling services. Nothing in this Section shall be | 5 | | construed to permit video calling instead of in-person | 6 | | visitation. | 7 | | (f-5) (Blank). | 8 | | (f-10) The Department may not restrict or limit in-person | 9 | | visits to committed persons due to the availability of | 10 | | interactive video conferences. | 11 | | (f-15)(1) The Department shall issue a standard written | 12 | | policy for each institution and facility of the Department | 13 | | that provides for: | 14 | | (A) the number of in-person visits each committed
| 15 | | person is entitled to per week and per month including the | 16 | | requirements of subsection (f) of this Section; | 17 | | (B) the hours of in-person visits; | 18 | | (C) the type of identification required for visitors | 19 | | at least 18 years of age; and | 20 | | (D) the type of identification, if any, required for | 21 | | visitors under 18 years of age. | 22 | | (2) This policy shall be posted on the Department website
| 23 | | and at each facility. | 24 | | (3) The Department shall post on its website daily any
| 25 | | restrictions or denials of visitation for that day and the
| 26 | | succeeding 5 calendar days, including those based on a |
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| 1 | | lockdown
of the facility, to inform family members and other | 2 | | visitors. | 3 | | (g) All institutions and facilities of the Department | 4 | | shall permit
religious ministrations and sacraments to be | 5 | | available to every
committed person, but attendance at | 6 | | religious services shall not be
required. This subsection (g)
| 7 | | is subject to the provisions of the Faith Behind Bars Act. | 8 | | (h) Within 90 days after December 31, 1996, the Department | 9 | | shall prohibit
the use of curtains, cell-coverings, or any | 10 | | other matter or object that
obstructs or otherwise impairs the | 11 | | line of vision into a committed person's
cell. | 12 | | (i) A point of contact person appointed under subsection | 13 | | (u-6) of Section 3-2-2 of this Code shall promptly and | 14 | | efficiently review suggestions, complaints, and other requests | 15 | | made by visitors to institutions and facilities of the | 16 | | Department and by other members of the public. Based on the | 17 | | nature of the submission, the point of contact person shall | 18 | | communicate with the appropriate division of the Department, | 19 | | disseminate the concern or complaint, and act as liaison | 20 | | between the parties to reach a resolution. | 21 | | (1) The point of contact person shall maintain | 22 | | information about the subject matter of each | 23 | | correspondence, including, but not limited to, information | 24 | | about the following subjects: | 25 | | (A) the parties making the submission; | 26 | | (B) any commissary-related concerns; |
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| 1 | | (C) any concerns about the institution or | 2 | | facility's COVID protocols and mitigations; | 3 | | (D) any concerns about mail, video, or electronic | 4 | | messages or other communications with incarcerated | 5 | | persons; | 6 | | (E) any concerns about the institution or | 7 | | facility; | 8 | | (F) any discipline-related concerns; | 9 | | (G) any concerns about earned sentencing credits; | 10 | | (H) any concerns about educational opportunities | 11 | | for incarcerated persons; | 12 | | (I) any concerns about health-related matters; | 13 | | (J) any mental health concerns; | 14 | | (K) any concerns about personal property; | 15 | | (L) any concerns about the records of the | 16 | | incarcerated person; | 17 | | (M) any concerns about recreational opportunities | 18 | | for incarcerated persons; | 19 | | (N) any staffing-related concerns; | 20 | | (O) any concerns about the transfer of individuals | 21 | | in custody; | 22 | | (P) any concerns about visitation; and | 23 | | (Q) any concerns about work opportunities for | 24 | | incarcerated persons. | 25 | | The information shall be maintained in accordance with | 26 | | standards set by the Department of Corrections, and shall |
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| 1 | | be made available to the Department's Planning and | 2 | | Research Division. The point of contact person shall | 3 | | provide a summary of the results of the review, including | 4 | | any resolution or recommendations made as a result of | 5 | | correspondence with the Planning and Research Division of | 6 | | the Department. | 7 | | (2) The Department shall provide an annual written | 8 | | report to the General Assembly and the Governor, with the | 9 | | first report due no later than January 1, 2023, and | 10 | | publish the report on its website within 48 hours after | 11 | | the report is transmitted to the Governor and the General | 12 | | Assembly. The report shall include a summary of activities | 13 | | undertaken and completed as a result of submissions to the | 14 | | point of contact person. The Department of Corrections | 15 | | shall collect and report the following aggregated and | 16 | | disaggregated data for each institution and facility and | 17 | | describe: | 18 | | (A) the work of the point of contact person; | 19 | | (B) the general nature of suggestions, complaints, | 20 | | and other requests submitted to the point of contact | 21 | | person; | 22 | | (C) the volume of emails, calls, letters, and | 23 | | other correspondence received by the point of contact | 24 | | person; | 25 | | (D) the resolutions reached or recommendations | 26 | | made as a result of the point of contact person's |
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| 1 | | review; | 2 | | (E) whether, if an investigation is recommended, a | 3 | | report of the complaint was forwarded to the Chief | 4 | | Inspector of the Department or other Department | 5 | | employee, and the resolution of the complaint, and if | 6 | | the investigation has not concluded, a detailed status | 7 | | report on the complaint; and | 8 | | (F) any recommendations that the point of contact | 9 | | person has relating to systemic issues in the | 10 | | Department of Corrections, and any other matters for | 11 | | consideration by the General Assembly and the | 12 | | Governor. | 13 | | The name, address, or other personally identifiable | 14 | | information of a person who files a complaint, suggestion, | 15 | | or other request with the point of contact person, and | 16 | | confidential records shall be redacted from the annual | 17 | | report and are not subject to disclosure under the Freedom | 18 | | of Information Act. The Department shall disclose the | 19 | | records only if required by a court order on a showing of | 20 | | good cause. | 21 | | (3) The Department must post in a conspicuous place in | 22 | | the waiting area of every facility or institution a sign | 23 | | that contains in bold, black type the following: | 24 | | (A) a short statement notifying visitors of the | 25 | | point of contact person and that person's duty to | 26 | | receive suggestions, complaints, or other requests; |
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| 1 | | and | 2 | | (B) information on how to submit suggestions, | 3 | | complaints, or other requests to the point of contact | 4 | | person. | 5 | | (j) (i) Menstrual hygiene products shall be available, as | 6 | | needed, free of charge, at all institutions and facilities of | 7 | | the Department for all committed persons who menstruate. In | 8 | | this subsection (j) (i) , "menstrual hygiene products" means | 9 | | tampons and sanitary napkins for use in connection with
the | 10 | | menstrual cycle. | 11 | | (Source: P.A. 102-1082, eff. 6-10-22; 102-1111, eff. 6-1-23; | 12 | | revised 1-8-23.) | 13 | | Section 95. No acceleration or delay. Where this Act makes | 14 | | changes in a statute that is represented in this Act by text | 15 | | that is not yet or no longer in effect (for example, a Section | 16 | | represented by multiple versions), the use of that text does | 17 | | not accelerate or delay the taking effect of (i) the changes | 18 | | made by this Act or (ii) provisions derived from any other | 19 | | Public Act.
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