Full Text of HB0419 96th General Assembly
HB0419eng 96TH GENERAL ASSEMBLY
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HB0419 Engrossed |
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LRB096 07540 RLC 17635 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Section 3-7-2 as follows:
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| (730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
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| Sec. 3-7-2. Facilities.
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| (a) All institutions and facilities of the Department shall | 9 |
| provide
every committed person with access to toilet | 10 |
| facilities, barber
facilities, bathing facilities at least | 11 |
| once each week, a library of
legal materials and published | 12 |
| materials including newspapers and magazines
approved by the | 13 |
| Director. A committed person may not receive any materials
that | 14 |
| the Director deems pornographic.
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| (b) (Blank).
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| (c) All institutions and facilities of the Department shall | 17 |
| provide
facilities for every committed person to leave his cell | 18 |
| for at least one
hour each day unless the chief administrative | 19 |
| officer determines that it
would be harmful or dangerous to the | 20 |
| security or safety of the
institution or facility.
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| (d) All institutions and facilities of the Department shall | 22 |
| provide
every committed person with a wholesome and nutritional | 23 |
| diet at
regularly scheduled hours, drinking water, clothing |
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LRB096 07540 RLC 17635 b |
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| adequate for the
season, bedding, soap and towels and medical | 2 |
| and dental care.
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| (e) All institutions and facilities of the Department shall | 4 |
| permit
every committed person to send and receive an unlimited | 5 |
| number of
uncensored letters, provided, however, that the | 6 |
| Director may order that
mail be inspected and read for reasons | 7 |
| of the security, safety or morale
of the institution or | 8 |
| facility.
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| (f) All of the institutions and facilities of the | 10 |
| Department shall
permit every committed person to receive | 11 |
| visitors, except in case of
abuse of the visiting privilege or | 12 |
| when the chief administrative officer
determines that such | 13 |
| visiting would be harmful or dangerous to the
security, safety | 14 |
| or morale of the institution or facility.
The chief | 15 |
| administrative officer shall have the right to restrict | 16 |
| visitation
to non-contact visits for reasons of safety, | 17 |
| security, and order, including,
but not limited to, restricting | 18 |
| contact visits for committed persons engaged in
gang activity.
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| No committed person in a super maximum security facility or on | 20 |
| disciplinary
segregation is allowed contact visits. Any | 21 |
| committed person found in
possession of illegal drugs or who | 22 |
| fails a drug test shall not be permitted
contact visits for a | 23 |
| period of at least 6 months. Any committed person
involved in | 24 |
| gang activities or found guilty of assault committed against a
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| Department employee shall not be permitted contact visits for a | 26 |
| period of at
least 6 months. The Department shall offer every |
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LRB096 07540 RLC 17635 b |
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| visitor appropriate written information concerning HIV and | 2 |
| AIDS, including information concerning how to contact the | 3 |
| Illinois Department of Public Health for counseling | 4 |
| information. The Department shall develop the written | 5 |
| materials in consultation with the Department of Public Health. | 6 |
| The Department shall ensure that all such information and | 7 |
| materials are culturally sensitive and reflect cultural | 8 |
| diversity as appropriate. Implementation of the changes made to | 9 |
| this Section by this amendatory Act of the 94th General | 10 |
| Assembly is subject to appropriation.
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| (g) All institutions and facilities of the Department shall | 12 |
| permit
religious ministrations and sacraments to be available | 13 |
| to every
committed person, but attendance at religious services | 14 |
| shall not be
required.
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| (h) Within 90 days after December 31, 1996, the Department | 16 |
| shall prohibit
the use of curtains, cell-coverings, or any | 17 |
| other matter or object that
obstructs or otherwise impairs the | 18 |
| line of vision into a committed person's
cell.
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| (i) All institutions and facilities of the Department shall | 20 |
| permit a committed person to purchase, possess, and use | 21 |
| condoms. A committed person may not be denied any privileges or | 22 |
| good conduct credit because of the committed person's purchase, | 23 |
| possession, or use of condoms. Neither the Department nor an | 24 |
| institution or facility of the Department may declare condoms | 25 |
| as contraband. By January 1, 2010, the Department shall develop | 26 |
| a plan to make condoms available to committed persons according |
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| to established public health practices and in a manner that | 2 |
| protects the health, safety, and privacy of committed persons | 3 |
| and correctional facility staff.
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| (Source: P.A. 94-629, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law. |
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