Illinois General Assembly - Full Text of HB4218
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Full Text of HB4218  102nd General Assembly

HB4218 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4218

 

Introduced 1/5/2022, by Rep. Barbara Hernandez - Edgar Gonzalez, Jr. - Kelly M. Cassidy - Katie Stuart - Camille Y. Lilly, et al.

 

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

    Amends the Unified Code of Corrections. Provides that menstrual hygiene products shall be available, as needed, free of charge, at all institutions and facilities of the Department of Corrections for all committed persons and employees of the Department who menstruate.


LRB102 21387 RLC 30502 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4218LRB102 21387 RLC 30502 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
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
17shall provide facilities for every committed person to leave
18his cell for at least one hour each day unless the chief
19administrative officer determines that it would be harmful or
20dangerous to the security or safety of the institution or
21facility.
22    (d) All institutions and facilities of the Department
23shall provide every committed person with a wholesome and

 

 

HB4218- 2 -LRB102 21387 RLC 30502 b

1nutritional diet at regularly scheduled hours, drinking water,
2clothing adequate for the season, bedding, soap and towels and
3medical and dental care.
4    (e) All institutions and facilities of the Department
5shall permit every committed person to send and receive an
6unlimited number of uncensored letters, provided, however,
7that the Director may order that mail be inspected and read for
8reasons of the security, safety or morale of the institution
9or facility.
10    (f) All of the institutions and facilities of the
11Department shall permit every committed person to receive
12in-person visitors and video contact, if available, except in
13case of abuse of the visiting privilege or when the chief
14administrative officer determines that such visiting would be
15harmful or dangerous to the security, safety or morale of the
16institution or facility. Each committed person is entitled to
177 visits per month. Every committed person may submit a list of
18at least 30 persons to the Department that are authorized to
19visit the committed person. The list shall be kept in an
20electronic format by the Department beginning on August 1,
212019, as well as available in paper form for Department
22employees. The chief administrative officer shall have the
23right to restrict visitation to non-contact visits, video, or
24other forms of non-contact visits for reasons of safety,
25security, and order, including, but not limited to,
26restricting contact visits for committed persons engaged in

 

 

HB4218- 3 -LRB102 21387 RLC 30502 b

1gang activity. No committed person in a super maximum security
2facility or on disciplinary segregation is allowed contact
3visits. Any committed person found in possession of illegal
4drugs or who fails a drug test shall not be permitted contact
5visits for a period of at least 6 months. Any committed person
6involved in gang activities or found guilty of assault
7committed against a Department employee shall not be permitted
8contact visits for a period of at least 6 months. The
9Department shall offer every visitor appropriate written
10information concerning HIV and AIDS, including information
11concerning how to contact the Illinois Department of Public
12Health for counseling information. The Department shall
13develop the written materials in consultation with the
14Department of Public Health. The Department shall ensure that
15all such information and materials are culturally sensitive
16and reflect cultural diversity as appropriate. Implementation
17of the changes made to this Section by Public Act 94-629 is
18subject to appropriation. The Department shall seek the lowest
19possible cost to provide video calling and shall charge to the
20extent of recovering any demonstrated costs of providing video
21calling. The Department shall not make a commission or profit
22from video calling services. Nothing in this Section shall be
23construed to permit video calling instead of in-person
24visitation.
25    (f-5) (Blank).
26    (f-10) The Department may not restrict or limit in-person

 

 

HB4218- 4 -LRB102 21387 RLC 30502 b

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

 

 

HB4218- 5 -LRB102 21387 RLC 30502 b

1other matter or object that obstructs or otherwise impairs the
2line of vision into a committed person's cell.
3    (i) Menstrual hygiene products shall be available, as
4needed, free of charge, at all institutions and facilities of
5the Department for all committed persons and employees of the
6Department who menstruate. In this subsection (i), "menstrual
7hygiene products" means tampons and sanitary napkins for use
8in connection with the menstrual cycle.
9(Source: P.A. 99-933, eff. 1-27-17; 100-30, eff. 1-1-18;
10100-142, eff. 1-1-18; 100-677, eff. 1-1-19; 100-863, eff.
118-14-18.)