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Public Act 100-0142


 

Public Act 0142 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0142
 
HB2989 EnrolledLRB100 10095 RLC 20268 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Section 3-7-2 as follows:
 
    (730 ILCS 5/3-7-2)  (from Ch. 38, par. 1003-7-2)
    Sec. 3-7-2. Facilities.
    (a) All institutions and facilities of the Department shall
provide every committed person with access to toilet
facilities, barber facilities, bathing facilities at least
once each week, a library of legal materials and published
materials including newspapers and magazines approved by the
Director. A committed person may not receive any materials that
the Director deems pornographic.
    (b) (Blank).
    (c) All institutions and facilities of the Department shall
provide facilities for every committed person to leave his cell
for at least one hour each day unless the chief administrative
officer determines that it would be harmful or dangerous to the
security or safety of the institution or facility.
    (d) All institutions and facilities of the Department shall
provide every committed person with a wholesome and nutritional
diet at regularly scheduled hours, drinking water, clothing
adequate for the season, bedding, soap and towels and medical
and dental care.
    (e) All institutions and facilities of the Department shall
permit every committed person to send and receive an unlimited
number of uncensored letters, provided, however, that the
Director may order that mail be inspected and read for reasons
of the security, safety or morale of the institution or
facility.
    (f) All of the institutions and facilities of the
Department shall permit every committed person to receive
visitors, except in case of abuse of the visiting privilege or
when the chief administrative officer determines that such
visiting would be harmful or dangerous to the security, safety
or morale of the institution or facility. The chief
administrative officer shall have the right to restrict
visitation to non-contact visits for reasons of safety,
security, and order, including, but not limited to, restricting
contact visits for committed persons engaged in gang activity.
No committed person in a super maximum security facility or on
disciplinary segregation is allowed contact visits. Any
committed person found in possession of illegal drugs or who
fails a drug test shall not be permitted contact visits for a
period of at least 6 months. Any committed person involved in
gang activities or found guilty of assault committed against a
Department employee shall not be permitted contact visits for a
period of at least 6 months. The Department shall offer every
visitor appropriate written information concerning HIV and
AIDS, including information concerning how to contact the
Illinois Department of Public Health for counseling
information. The Department shall develop the written
materials in consultation with the Department of Public Health.
The Department shall ensure that all such information and
materials are culturally sensitive and reflect cultural
diversity as appropriate. Implementation of the changes made to
this Section by this amendatory Act of the 94th General
Assembly is subject to appropriation.
    (f-5) (Blank).
    (f-10) The Department may not restrict or limit in-person
visits to committed persons due to the availability of
interactive video conferences.
    (f-15)(1) The Department shall issue a standard written
policy for each institution and facility of the Department that
provides for:
        (A) the number of in-person visits each committed
    person is entitled to per week and per month;
        (B) the hours of in-person visits;
        (C) the type of identification required for visitors at
    least 18 years of age; and
        (D) the type of identification, if any, required for
    visitors under 18 years of age.
    (2) This policy shall be posted on the Department website
and at each facility.
    (3) The Department shall post on its website daily any
restrictions or denials of visitation for that day and the
succeeding 5 calendar days, including those based on a lockdown
of the facility, to inform family members and other visitors.
    (g) All institutions and facilities of the Department shall
permit religious ministrations and sacraments to be available
to every committed person, but attendance at religious services
shall not be required.
    (h) Within 90 days after December 31, 1996, the Department
shall prohibit the use of curtains, cell-coverings, or any
other matter or object that obstructs or otherwise impairs the
line of vision into a committed person's cell.
(Source: P.A. 99-933, eff. 1-27-17.)
 
    Section 99. Effective date. This Act takes effect January
1, 2018.

Effective Date: 1/1/2018