Full Text of SB3180 102nd General Assembly
SB3180enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing 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 | 9 | | shall 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
| 14 | | that the Director deems pornographic. | 15 | | (b) (Blank). | 16 | | (c) All institutions and facilities of the Department | 17 | | shall provide
facilities for every committed person to leave | 18 | | his cell for at least one
hour each day unless the chief | 19 | | administrative officer determines that it
would be harmful or | 20 | | dangerous to the security or safety of the
institution or | 21 | | facility. | 22 | | (d) All institutions and facilities of the Department | 23 | | shall provide
every committed person with a wholesome and |
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| 1 | | nutritional diet at
regularly scheduled hours, drinking water, | 2 | | clothing adequate for the
season, bedding, soap and towels and | 3 | | medical and dental care. | 4 | | (e) All institutions and facilities of the Department | 5 | | shall permit
every committed person to send and receive an | 6 | | unlimited number of
uncensored letters, provided, however, | 7 | | that the Director may order that
mail be inspected and read for | 8 | | reasons of the security, safety or morale
of the institution | 9 | | or facility. | 10 | | (f) All of the institutions and facilities of the | 11 | | Department shall
permit every committed person to receive | 12 | | in-person visitors and video contact, if available, except in | 13 | | case of
abuse of the visiting privilege or when the chief | 14 | | administrative officer
determines that such visiting would be | 15 | | harmful or dangerous to the
security, safety or morale of the | 16 | | institution or facility.
Each committed person is entitled to | 17 | | 7 visits per month. Every committed person may submit a list of | 18 | | at least 30 persons to the Department that are authorized to | 19 | | visit the committed person. The list shall be kept in an | 20 | | electronic format by the Department beginning on August 1, | 21 | | 2019, as well as available in paper form for Department | 22 | | employees. The chief administrative officer shall have the | 23 | | right to restrict visitation
to non-contact visits, video, or | 24 | | other forms of non-contact visits for reasons of safety, | 25 | | security, and order, including,
but not limited to, | 26 | | restricting contact visits for committed persons engaged in
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| 1 | | gang activity.
No committed person in a super maximum security | 2 | | facility or on disciplinary
segregation is allowed contact | 3 | | visits. Any committed person found in
possession of illegal | 4 | | drugs or who fails a drug test shall not be permitted
contact | 5 | | visits for a period of at least 6 months. Any committed person
| 6 | | involved in gang activities or found guilty of assault | 7 | | committed against a
Department employee shall not be permitted | 8 | | contact visits for a period of at
least 6 months. The | 9 | | Department shall offer every visitor appropriate written | 10 | | information concerning HIV and AIDS, including information | 11 | | concerning how to contact the Illinois Department of Public | 12 | | Health for counseling information. The Department shall | 13 | | develop the written materials in consultation with the | 14 | | Department of Public Health. The Department shall ensure that | 15 | | all such information and materials are culturally sensitive | 16 | | and reflect cultural diversity as appropriate. Implementation | 17 | | of the changes made to this Section by Public Act 94-629 is | 18 | | subject to appropriation.
The Department shall seek the lowest | 19 | | possible cost to provide video calling and shall charge to the | 20 | | extent of recovering any demonstrated costs of providing video | 21 | | calling. The Department shall not make a commission or profit | 22 | | from video calling services. Nothing in this Section shall be | 23 | | construed to permit video calling instead of in-person | 24 | | visitation. | 25 | | (f-5) (Blank). | 26 | | (f-10) The Department may not restrict or limit in-person |
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| 1 | | visits to committed persons due to the availability of | 2 | | interactive video conferences. | 3 | | (f-15)(1) The Department shall issue a standard written | 4 | | policy for each institution and facility of the Department | 5 | | that 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
| 15 | | and at each facility. | 16 | | (3) The Department shall post on its website daily any
| 17 | | restrictions or denials of visitation for that day and the
| 18 | | succeeding 5 calendar days, including those based on a | 19 | | lockdown
of the facility, to inform family members and other | 20 | | visitors. | 21 | | (g) All institutions and facilities of the Department | 22 | | shall permit
religious ministrations and sacraments to be | 23 | | available to every
committed person, but attendance at | 24 | | religious services shall not be
required. | 25 | | (h) Within 90 days after December 31, 1996, the Department | 26 | | shall prohibit
the use of curtains, cell-coverings, or any |
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| 1 | | other matter or object that
obstructs or otherwise impairs the | 2 | | line of vision into a committed person's
cell. | 3 | | (i) A point of contact person appointed under subsection | 4 | | (u-6) of Section 3-2-2 of this Code shall promptly and | 5 | | efficiently review suggestions, complaints, and other requests | 6 | | made by visitors to institutions and facilities of the | 7 | | Department and by other members of the public. Based on the | 8 | | nature of the submission, the point of contact person shall | 9 | | communicate with the appropriate division of the Department, | 10 | | disseminate the concern or complaint, and act as liaison | 11 | | between the parties to reach a resolution. | 12 | | (1) The point of contact person shall maintain | 13 | | information about the subject matter of each | 14 | | correspondence, including, but not limited to, information | 15 | | about the following subjects: | 16 | | (A) the parties making the submission; | 17 | | (B) any commissary-related concerns; | 18 | | (C) any concerns about the institution or | 19 | | facility's COVID protocols and mitigations; | 20 | | (D) any concerns about mail, video, or electronic | 21 | | messages or other communications with incarcerated | 22 | | persons; | 23 | | (E) any concerns about the institution or | 24 | | facility; | 25 | | (F) any discipline-related concerns; | 26 | | (G) any concerns about earned sentencing credits; |
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| 1 | | (H) any concerns about educational opportunities | 2 | | for incarcerated persons; | 3 | | (I) any concerns about health-related matters; | 4 | | (J) any mental health concerns; | 5 | | (K) any concerns about personal property; | 6 | | (L) any concerns about the records of the | 7 | | incarcerated person; | 8 | | (M) any concerns about recreational opportunities | 9 | | for incarcerated persons; | 10 | | (N) any staffing-related concerns; | 11 | | (O) any concerns about the transfer of individuals | 12 | | in custody; | 13 | | (P) any concerns about visitation; and | 14 | | (Q) any concerns about work opportunities for | 15 | | incarcerated persons. | 16 | | The information shall be maintained in accordance with | 17 | | standards set by the Department of Corrections, and shall | 18 | | be made available to the Department's Planning and | 19 | | Research Division. The point of contact person shall | 20 | | provide a summary of the results of the review, including | 21 | | any resolution or recommendations made as a result of | 22 | | correspondence with the Planning and Research Division of | 23 | | the Department. | 24 | | (2) The Department shall provide an annual written | 25 | | report to the General Assembly and the Governor, with the | 26 | | first report due no later than January 1, 2023, and |
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| 1 | | publish the report on its website within 48 hours after | 2 | | the report is transmitted to the Governor and the General | 3 | | Assembly. The report shall include a summary of activities | 4 | | undertaken and completed as a result of submissions to the | 5 | | point of contact person. The Department of Corrections | 6 | | shall collect and report the following aggregated and | 7 | | disaggregated data for each institution and facility and | 8 | | describe: | 9 | | (A) the work of the point of contact person; | 10 | | (B) the general nature of suggestions, complaints, | 11 | | and other requests submitted to the point of contact | 12 | | person; | 13 | | (C) the volume of emails, calls, letters, and | 14 | | other correspondence received by the point of contact | 15 | | person; | 16 | | (D) the resolutions reached or recommendations | 17 | | made as a result of the point of contact person's | 18 | | review; | 19 | | (E) whether, if an investigation is recommended, a | 20 | | report of the complaint was forwarded to the Chief | 21 | | Inspector of the Department or other Department | 22 | | employee, and the resolution of the complaint, and if | 23 | | the investigation has not concluded, a detailed status | 24 | | report on the complaint; and | 25 | | (F) any recommendations that the point of contact | 26 | | person has relating to systemic issues in the |
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| 1 | | Department of Corrections, and any other matters for | 2 | | consideration by the General Assembly and the | 3 | | Governor. | 4 | | The name, address, or other personally identifiable | 5 | | information of a person who files a complaint, suggestion, | 6 | | or other request with the point of contact person, and | 7 | | confidential records shall be redacted from the annual | 8 | | report and are not subject to disclosure under the Freedom | 9 | | of Information Act. The Department shall disclose the | 10 | | records only if required by a court order on a showing of | 11 | | good cause. | 12 | | (3) The Department must post in a conspicuous place in | 13 | | the waiting area of every facility or institution a sign | 14 | | that contains in bold, black type the following: | 15 | | (A) a short statement notifying visitors of the | 16 | | point of contact person and that person's duty to | 17 | | receive suggestions, complaints, or other requests; | 18 | | and | 19 | | (B) information on how to submit suggestions, | 20 | | complaints, or other requests to the point of contact | 21 | | person. | 22 | | (Source: P.A. 99-933, eff. 1-27-17; 100-30, eff. 1-1-18; | 23 | | 100-142, eff. 1-1-18; 100-677, eff. 1-1-19; 100-863, eff. | 24 | | 8-14-18 .)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law. |
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