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91_HB2565
LRB9104940RCks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 3-4-3 and 3-7-2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Sections 3-4-3 and 3-7-2 as follows:
7 (730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3)
8 Sec. 3-4-3. Funds and Property of Persons Committed.
9 (a) The Department shall establish accounting records
10 with accounts for each person who has or receives money while
11 in an institution or facility of the Department and it shall
12 allow the withdrawal and disbursement of money by the person
13 under rules and regulations of the Department. Any interest
14 or other income from moneys deposited with the Department by
15 a resident of the Juvenile Division in excess of $200 shall
16 accrue to the individual's account, or in balances up to $200
17 shall accrue to the Residents' Benefit Fund. For an
18 individual in an institution or facility of the Adult
19 Division the interest shall accrue to the Residents' Benefit
20 Fund. The Department shall disburse all moneys so held no
21 later than the person's final discharge from the Department.
22 Moneys in the account of a committed person who files a
23 lawsuit determined frivolous under Article XXII of the Code
24 of Civil Procedure shall be deducted to pay for the filing
25 fees and cost of the suit as provided in that Article. The
26 Department shall under rules and regulations record and
27 receipt all personal property not allowed to committed
28 persons. The Department shall return such property to the
29 individual no later than the person's release on parole.
30 (b) Any money held in accounts of committed persons
31 separated from the Department by death, discharge, or
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1 unauthorized absence and unclaimed for a period of 1 year
2 thereafter by the person or his legal representative shall be
3 transmitted to the State Treasurer who shall deposit it into
4 the General Revenue Fund. Articles of personal property of
5 persons so separated may be sold or used by the Department if
6 unclaimed for a period of 1 year for the same purpose.
7 Clothing, if unclaimed within 30 days, may be used or
8 disposed of as determined by the Department.
9 (c) Profits on sales from commissary stores shall be
10 expended by the Department for the special benefit of
11 committed persons which shall include but not be limited to
12 the advancement of inmate payrolls, for the special benefit
13 of employees, and for the advancement or reimbursement of
14 employee travel, provided that amounts expended for employees
15 shall not exceed the amount of profits derived from sales
16 made to employees by such commissaries, as determined by the
17 Department.
18 (d) The Department shall confiscate any unauthorized
19 currency found in the possession of a committed person. The
20 Department shall transmit the confiscated currency to the
21 State Treasurer who shall deposit it into the General Revenue
22 Fund.
23 (e) The Department must restrict the personal property
24 of each committed person to the following:
25 (1) A Department approved storage box consisting of
26 one footlocker;
27 (2) All legal materials;
28 (3) Any approved reading materials that can fit
29 into the approved storage box;
30 (4) Hygiene products, such as soap, shampoo,
31 shaving cream, deodorant, and toothpaste;
32 (5) A fan;
33 (6) An electric razor;
34 (7) A religious medallion not to exceed $50 in
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1 value and one inch in height;
2 (8) A watch not to exceed $100 in value;
3 (9) A wedding ring not to exceed $100 in value;
4 (10) Headphones;
5 (11) Typewriter;
6 (12) Calculator;
7 (13) A television if authorized by the Department;
8 (14) A radio if authorized by the Department;
9 (15) A cassette player if authorized by the
10 Department.
11 (Source: P.A. 89-689, eff. 12-31-96; 90-505, eff. 8-19-97.)
12 (730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
13 Sec. 3-7-2. Facilities.
14 (a) Except as otherwise provided in subsection (i) of
15 this Section, all institutions and facilities of the
16 Department shall provide every committed person with access
17 to toilet facilities, barber facilities, bathing facilities
18 at least once each week, and a library of legal materials. A
19 committed person may have access to and published materials
20 including newspapers and magazines approved by the Director
21 that can fit into the approved storage box. A committed
22 person may not receive any materials that the Director deems
23 pornographic.
24 (b) (Blank).
25 (c) Except as otherwise provided in subsection (i) of
26 this Section, all institutions and facilities of the
27 Department shall provide facilities for every committed
28 person to leave his cell for at least one hour each day
29 unless the chief administrative officer determines that it
30 would be harmful or dangerous to the security or safety of
31 the institution or facility.
32 (d) Except as otherwise provided in subsection (i) of
33 this Section, all institutions and facilities of the
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1 Department shall provide every committed person with a
2 wholesome and nutritional diet at regularly scheduled hours,
3 drinking water, Department issued uniforms clothing adequate
4 for the season, bedding, soap and towels and medical and
5 dental care. A committed person must be allowed to wear only
6 Department issued uniforms. A committed person may not wear
7 any streetgang colors. A committed person must be issued a
8 picture identification card.
9 (e) Except as otherwise provided in subsection (i) of
10 this Section, all institutions and facilities of the
11 Department shall permit every committed person to send and
12 receive an unlimited number of uncensored letters, provided,
13 however, that the Director may order that mail be inspected
14 and read for reasons of the security, safety or morale of the
15 institution or facility.
16 (f) Except as otherwise provided in subsection (i) of
17 this Section, all of the institutions and facilities of the
18 Department shall permit every committed person to receive
19 visitors, except in case of abuse of the visiting privilege
20 or when the chief administrative officer determines that such
21 visiting would be harmful or dangerous to the security,
22 safety or morale of the institution or facility. The chief
23 administrative officer shall have the right to restrict
24 visitation to non-contact visits for reasons of safety,
25 security, and order, including, but not limited to,
26 restricting contact visits for committed persons engaged in
27 gang activity. Each visitor to an institution or facility of
28 the Department, including a vendor, any delivery made by
29 vendors, and each mail package must be adequately searched.
30 Each institution and facility of the Department must post a
31 sign that is conspicuously visible to visitors that the use
32 of a false identification or alias to gain access to the
33 institution or facility is a Class 4 felony.
34 (g) All institutions and facilities of the Department
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1 shall permit religious ministrations and sacraments to be
2 available to every committed person, but attendance at
3 religious services shall not be required.
4 (h) Within 90 days after December 31, 1996, the
5 Department shall prohibit the use of curtains,
6 cell-coverings, or any other matter or object that obstructs
7 or otherwise impairs the line of vision into a committed
8 person's cell.
9 (i) Every committed person who begins his or her term of
10 incarceration in a Department institution or facility for the
11 first 6 months of his or her incarceration must be placed in
12 impact isolation. During this period of incarceration the
13 committed person has only the following privileges:
14 (1) Personal visitors and phone calls by his or her
15 parents, spouse, children, siblings, legal guardians,
16 counselors, attorneys, clergy, and other religious
17 personnel. The committed person must be allowed only one
18 phone call per month and one visit to the commissary per
19 month; however, a committed person may have contact
20 visits with a physician, lawyer, and dentist and may make
21 more than one phone call per month to contact an
22 attorney, physician, or dentist. The Department of
23 Corrections must determine the maximum number of visits
24 and phone calls allowed. These visits, other than by
25 attorneys, physicians, and dentists, must be no contact
26 visits and must be behind a partition.
27 (2) Viewing television programs that are approved
28 by the Director dealing with educational, religious,
29 informational, or training programs. The committed
30 person must not be allowed to view entertainment or
31 sports on television.
32 (3) The committed person is permitted one hour of
33 recreation and hygiene outside his or her cell per day.
34 A committed person must be locked in his or her cell for
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1 the other 23 hours of each day.
2 (4) The committed person must eat only in his or
3 her cell and not in a common mess area or cafeteria.
4 (5) A committed person has access to the prison law
5 library as directed by the Department.
6 (6) The Department must conduct any necessary
7 medical, dental, or psychological evaluation and
8 treatment of the committed person.
9 (7) The Department must determine to which
10 correctional institution or facility a committed person
11 is sent.
12 (8) Any program approved by the Director for drug
13 rehabilitation.
14 (9) If a committed person who is placed in impact
15 isolation violates any of the provisions of this
16 subsection (i), the 6-month impact isolation period must
17 begin anew.
18 (j) The chief administrative officer of each facility
19 and institution of the Department must keep a log of every
20 visit a committed person makes to the administration offices
21 of the correctional institution or facility. The log must
22 record (1) each use of the telephone a committed person makes
23 in those offices, (2) who was present, (3) date and time, and
24 (4) length of stay in the office.
25 (k) Any committed person engaging in activities that are
26 in furtherance of the criminal objectives of a gang as
27 defined in Section 10 of the Illinois Streetgang Terrorism
28 Omnibus Prevention Act must be placed in impact isolation and
29 be subject to the restriction imposed by subsection (i) of
30 this Section. A leader of a gang who is committed to the
31 Department must be assigned to a maximum security person.
32 (l) No committed person in a maximum security facility
33 or on disciplinary segregation is allowed contact visits.
34 (m) No picnics are allowed at any facility.
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1 (Source: P.A. 89-609, eff. 1-1-97; 89-659, eff. 1-1-97;
2 89-688, eff. 6-1-97; 89-689, eff. 12-31-96; 90-14, eff.
3 7-1-97.)