101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3370

 

Introduced , by Rep. Nicholas K. Smith

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-7-2  from Ch. 38, par. 1003-7-2

    Amends the Unified Code of Corrections. Provides that voice print databases are prohibited in an institution or facility of the Department of Corrections. Provides that any voice print database maintained or used by an institution or facility of the Department that was created before the effective date of the amendatory Act shall be erased and any information contained in the database is inadmissible as evidence in any civil or criminal proceeding or in any administrative proceeding before the Department or Prisoner Review Board. Defines "voice print".


LRB101 09981 RLC 55083 b

 

 

A BILL FOR

 

HB3370LRB101 09981 RLC 55083 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-7-2 as follows:
 
6    (730 ILCS 5/3-7-2)  (from Ch. 38, par. 1003-7-2)
7    Sec. 3-7-2. Facilities.
8    (a) All institutions and facilities of the Department shall
9provide every committed person with access to toilet
10facilities, barber facilities, bathing facilities at least
11once each week, a library of legal materials and published
12materials including newspapers and magazines approved by the
13Director. A committed person may not receive any materials that
14the Director deems pornographic.
15    (b) (Blank).
16    (c) All institutions and facilities of the Department shall
17provide facilities for every committed person to leave his cell
18for at least one hour each day unless the chief administrative
19officer determines that it would be harmful or dangerous to the
20security or safety of the institution or facility.
21    (d) All institutions and facilities of the Department shall
22provide every committed person with a wholesome and nutritional
23diet at regularly scheduled hours, drinking water, clothing

 

 

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1adequate for the season, bedding, soap and towels and medical
2and dental care.
3    (e) All institutions and facilities of the Department shall
4permit every committed person to send and receive an unlimited
5number of uncensored letters, provided, however, that the
6Director may order that mail be inspected and read for reasons
7of the security, safety or morale of the institution or
8facility.
9    (f) All of the institutions and facilities of the
10Department shall permit every committed person to receive
11in-person visitors and video contact, if available, except in
12case of abuse of the visiting privilege or when the chief
13administrative officer determines that such visiting would be
14harmful or dangerous to the security, safety or morale of the
15institution or facility. Each committed person is entitled to 7
16visits per month. Every committed person may submit a list of
17at least 30 persons to the Department that are authorized to
18visit the committed person. The list shall be kept in an
19electronic format by the Department beginning on August 1,
202019, as well as available in paper form for Department
21employees. The chief administrative officer shall have the
22right to restrict visitation to non-contact visits, video, or
23other forms of non-contact visits for reasons of safety,
24security, and order, including, but not limited to, restricting
25contact visits for committed persons engaged in gang activity.
26No committed person in a super maximum security facility or on

 

 

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1disciplinary segregation is allowed contact visits. Any
2committed person found in possession of illegal drugs or who
3fails a drug test shall not be permitted contact visits for a
4period of at least 6 months. Any committed person involved in
5gang activities or found guilty of assault committed against a
6Department employee shall not be permitted contact visits for a
7period of at least 6 months. The Department shall offer every
8visitor appropriate written information concerning HIV and
9AIDS, including information concerning how to contact the
10Illinois Department of Public Health for counseling
11information. The Department shall develop the written
12materials in consultation with the Department of Public Health.
13The Department shall ensure that all such information and
14materials are culturally sensitive and reflect cultural
15diversity as appropriate. Implementation of the changes made to
16this Section by Public Act 94-629 is subject to appropriation.
17The Department shall seek the lowest possible cost to provide
18video calling and shall charge to the extent of recovering any
19demonstrated costs of providing video calling. The Department
20shall not make a commission or profit from video calling
21services. Nothing in this Section shall be construed to permit
22video calling instead of in-person visitation.
23    (f-5) (Blank).
24    (f-10) The Department may not restrict or limit in-person
25visits to committed persons due to the availability of
26interactive video conferences.

 

 

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1    (f-15)(1) The Department shall issue a standard written
2policy for each institution and facility of the Department that
3provides for:
4        (A) the number of in-person visits each committed
5    person is entitled to per week and per month including the
6    requirements of subsection (f) of this Section;
7        (B) the hours of in-person visits;
8        (C) the type of identification required for visitors at
9    least 18 years of age; and
10        (D) the type of identification, if any, required for
11    visitors under 18 years of age.
12    (2) This policy shall be posted on the Department website
13and at each facility.
14    (3) The Department shall post on its website daily any
15restrictions or denials of visitation for that day and the
16succeeding 5 calendar days, including those based on a lockdown
17of the facility, to inform family members and other visitors.
18    (g) All institutions and facilities of the Department shall
19permit religious ministrations and sacraments to be available
20to every committed person, but attendance at religious services
21shall not be required.
22    (h) Within 90 days after December 31, 1996, the Department
23shall prohibit the use of curtains, cell-coverings, or any
24other matter or object that obstructs or otherwise impairs the
25line of vision into a committed person's cell.
26    (i) Voice print databases are prohibited in an institution

 

 

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1or facility of the Department. Any voice print database
2maintained or used by an institution or facility of the
3Department that was created before the effective date of this
4amendatory Act of the 101st General Assembly shall be erased
5and any information contained in the database is inadmissible
6as evidence in any civil or criminal proceeding or in any
7administrative proceeding before the Department or Prisoner
8Review Board. In this subsection (i), "voice print" means
9computer data recording the unique characteristics of a
10person's voice.
11(Source: P.A. 99-933, eff. 1-27-17; 100-30, eff. 1-1-18;
12100-142, eff. 1-1-18; 100-677, eff. 1-1-19; 100-863, eff.
138-14-18.)