Rep. Robyn Gabel

Filed: 3/23/2022

 

 


 

 


 
10200SB3180ham001LRB102 23350 RLC 37720 a

1
AMENDMENT TO SENATE BILL 3180

2    AMENDMENT NO. ______. Amend Senate Bill 3180 by replacing
3everything after the enacting clause with the following:
 
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
9shall provide 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
14that the Director deems pornographic.
15    (b) (Blank).
16    (c) All institutions and facilities of the Department

 

 

10200SB3180ham001- 2 -LRB102 23350 RLC 37720 a

1shall provide facilities for every committed person to leave
2his cell for at least one hour each day unless the chief
3administrative officer determines that it would be harmful or
4dangerous to the security or safety of the institution or
5facility.
6    (d) All institutions and facilities of the Department
7shall provide every committed person with a wholesome and
8nutritional diet at regularly scheduled hours, drinking water,
9clothing adequate for the season, bedding, soap and towels and
10medical and dental care.
11    (e) All institutions and facilities of the Department
12shall permit every committed person to send and receive an
13unlimited number of uncensored letters, provided, however,
14that the Director may order that mail be inspected and read for
15reasons of the security, safety or morale of the institution
16or facility.
17    (f) All of the institutions and facilities of the
18Department shall permit every committed person to receive
19in-person visitors and video contact, if available, except in
20case of abuse of the visiting privilege or when the chief
21administrative officer determines that such visiting would be
22harmful or dangerous to the security, safety or morale of the
23institution or facility. Each committed person is entitled to
247 visits per month. Every committed person may submit a list of
25at least 30 persons to the Department that are authorized to
26visit the committed person. The list shall be kept in an

 

 

10200SB3180ham001- 3 -LRB102 23350 RLC 37720 a

1electronic format by the Department beginning on August 1,
22019, as well as available in paper form for Department
3employees. The chief administrative officer shall have the
4right to restrict visitation to non-contact visits, video, or
5other forms of non-contact visits for reasons of safety,
6security, and order, including, but not limited to,
7restricting contact visits for committed persons engaged in
8gang activity. No committed person in a super maximum security
9facility or on disciplinary segregation is allowed contact
10visits. Any committed person found in possession of illegal
11drugs or who fails a drug test shall not be permitted contact
12visits for a period of at least 6 months. Any committed person
13involved in gang activities or found guilty of assault
14committed against a Department employee shall not be permitted
15contact visits for a period of at least 6 months. The
16Department shall offer every visitor appropriate written
17information concerning HIV and AIDS, including information
18concerning how to contact the Illinois Department of Public
19Health for counseling information. The Department shall
20develop the written materials in consultation with the
21Department of Public Health. The Department shall ensure that
22all such information and materials are culturally sensitive
23and reflect cultural diversity as appropriate. Implementation
24of the changes made to this Section by Public Act 94-629 is
25subject to appropriation. The Department shall seek the lowest
26possible cost to provide video calling and shall charge to the

 

 

10200SB3180ham001- 4 -LRB102 23350 RLC 37720 a

1extent of recovering any demonstrated costs of providing video
2calling. The Department shall not make a commission or profit
3from video calling services. Nothing in this Section shall be
4construed to permit video calling instead of in-person
5visitation.
6    (f-5) (Blank).
7    (f-10) The Department may not restrict or limit in-person
8visits to committed persons due to the availability of
9interactive video conferences.
10    (f-15)(1) The Department shall issue a standard written
11policy for each institution and facility of the Department
12that provides for:
13        (A) the number of in-person visits each committed
14    person is entitled to per week and per month including the
15    requirements of subsection (f) of this Section;
16        (B) the hours of in-person visits;
17        (C) the type of identification required for visitors
18    at least 18 years of age; and
19        (D) the type of identification, if any, required for
20    visitors under 18 years of age.
21    (2) This policy shall be posted on the Department website
22and at each facility.
23    (3) The Department shall post on its website daily any
24restrictions or denials of visitation for that day and the
25succeeding 5 calendar days, including those based on a
26lockdown of the facility, to inform family members and other

 

 

10200SB3180ham001- 5 -LRB102 23350 RLC 37720 a

1visitors.
2    (g) All institutions and facilities of the Department
3shall permit religious ministrations and sacraments to be
4available to every committed person, but attendance at
5religious services shall not be required.
6    (h) Within 90 days after December 31, 1996, the Department
7shall prohibit the use of curtains, cell-coverings, or any
8other matter or object that obstructs or otherwise impairs the
9line of vision into a committed person's cell.
10    (i) A point of contact person shall promptly and
11efficiently review and monitor suggestions, complaints, or
12other requests made by visitors to Department institutions or
13facilities and by other members of the public. The point of
14contact person shall maintain information about parties to and
15subject matter of each correspondence and a summary of the
16results of the review or investigation, including any
17resolution or recommendations made as a result of the
18correspondence. The point of contact person shall provide an
19annual written report to the General Assembly and the
20Governor, with the first report due no later than January 1,
212023. The Department must publish the report on its website
22within 48 hours after transmitting the report to the Governor
23and the General Assembly. The report shall include a summary
24of activities completed in furtherance of the purpose of the
25point of contact person's position. The summaries shall
26contain the following aggregated and disaggregated data for

 

 

10200SB3180ham001- 6 -LRB102 23350 RLC 37720 a

1each Department of Corrections institution and facility and
2describe:
3        (1) The point of contact person's work.
4        (2) Issues, complaints, and inquiries reported to the
5    point of contact person with a summary of the amount of
6    emails, calls, letters, and other correspondence received,
7    the general nature of each issue, and any resolutions
8    reached or recommendations made.
9        (3) Any recommendations that the point of contact has
10    relating to systemic issues in the Department of
11    Corrections, and any other matters for consideration by
12    the General Assembly and the Governor.
13    The name, address, or other personally identifiable
14information of a person who files a complaint or inquiry with
15the point of contact person, information generated by the
16point of contact person related to a complaint or other
17activities of the position, and confidential records shall be
18redacted from the annual report.
19    (j) At every Department of Corrections visiting waiting
20area, a sign containing, at a minimum, the following
21information in bold block type must be posted in a conspicuous
22place:
23        (1) a short statement notifying visitors of the point
24    of contact person to receive suggestions, complaints, or
25    other requests; and
26        (2) information on how to submit suggestions,

 

 

10200SB3180ham001- 7 -LRB102 23350 RLC 37720 a

1    complaints, or other requests to a point of contact
2    person.
3(Source: P.A. 99-933, eff. 1-27-17; 100-30, eff. 1-1-18;
4100-142, eff. 1-1-18; 100-677, eff. 1-1-19; 100-863, eff.
58-14-18.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".