HB2747eng 95TH GENERAL ASSEMBLY

HB2747 Engrossed LRB095 01002 RLC 21004 b

AN ACT concerning corrections, which may be referred to as the Access to Religious Ministry Act of 2008.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The County Jail Act is amended by adding Section 26 as follows:

(730 ILCS 125/26 new)

Sec. 26. Detainees in immigration custody; religious worker access to jails.

(a) Any county jail in the State of Illinois for which an intergovernmental agreement has been entered into with United States Immigration and Customs Enforcement (ICE) for detention of immigration-related detainees shall be required to provide to religious workers reasonable access to such jail. Such access shall be consistent with the safety, security, and the orderly operation of the facility.

(b) For purposes of this Section, "reasonable access" means the ability of the religious worker to enter the jail facility to be available to meet with immigration detainees who wish to consult with the religious worker regarding their spiritual needs. Such access shall be at times set by the sheriff or his or her designee. The facility shall provide advance notice to the immigration detainees of the times during which religious workers shall be available for consultation under this Section, and shall not limit the access of detainees to such religious workers without good cause. Consultations with religious workers under this Section shall not be counted against the visitation time or number of visits to which a detainee is otherwise entitled under the facility's visitation policies.

(c) The sheriff or his or her designee shall have the right to screen and approve individuals seeking access to immigration detainees at the facility under this Act to ensure that such individuals are in fact bona fide clergy, members of religious orders, or lay volunteers representing established and reputable religious institutions.