Full Text of HB4741 100th General Assembly
HB4741enr 100TH 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 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. | 15 | | (b) (Blank). | 16 | | (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. | 21 | | (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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| 1 | | adequate for the
season, bedding, soap and towels and medical | 2 | | and dental care. | 3 | | (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. | 9 | | (f) All of the institutions and facilities of the | 10 | | Department shall
permit every committed person to receive | 11 | | in-person visitors and video contact, if available, except in | 12 | | case of
abuse of the visiting privilege or when the chief | 13 | | administrative officer
determines that such visiting would be | 14 | | harmful or dangerous to the
security, safety or morale of the | 15 | | institution or facility.
Each committed person is entitled to 7 | 16 | | visits per month. Every committed person may submit a list of | 17 | | at least 30 persons to the Department that are authorized to | 18 | | visit the committed person. The list shall be kept in an | 19 | | electronic format by the Department beginning on August 1, | 20 | | 2019, as well as available in paper form for Department | 21 | | employees. The chief administrative officer shall have the | 22 | | right to restrict visitation
to non-contact visits, video, or | 23 | | other forms of non-contact visits for reasons of safety, | 24 | | security, and order, including,
but not limited to, restricting | 25 | | contact visits for committed persons engaged in
gang activity.
| 26 | | No committed person in a super maximum security facility or on |
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| 1 | | disciplinary
segregation is allowed contact visits. Any | 2 | | committed person found in
possession of illegal drugs or who | 3 | | fails a drug test shall not be permitted
contact visits for a | 4 | | period of at least 6 months. Any committed person
involved in | 5 | | gang activities or found guilty of assault committed against a
| 6 | | Department employee shall not be permitted contact visits for a | 7 | | period of at
least 6 months. The Department shall offer every | 8 | | visitor appropriate written information concerning HIV and | 9 | | AIDS, including information concerning how to contact the | 10 | | Illinois Department of Public Health for counseling | 11 | | information. The Department shall develop the written | 12 | | materials in consultation with the Department of Public Health. | 13 | | The Department shall ensure that all such information and | 14 | | materials are culturally sensitive and reflect cultural | 15 | | diversity as appropriate. Implementation of the changes made to | 16 | | this Section by Public Act 94-629 this amendatory Act of the | 17 | | 94th General Assembly is subject to appropriation.
The | 18 | | Department shall seek the lowest possible cost to provide video | 19 | | calling and shall charge to the extent of recovering any | 20 | | demonstrated costs of providing video calling. The Department | 21 | | shall not make a commission or profit from video calling | 22 | | services. Nothing in this Section shall be construed to permit | 23 | | video calling instead of in-person visitation. | 24 | | (f-5) (Blank). | 25 | | (f-10) The Department may not restrict or limit in-person | 26 | | visits to committed persons due to the availability of |
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| 1 | | interactive video conferences. | 2 | | (f-15)(1) The Department shall issue a standard written | 3 | | policy for each institution and facility of the Department that | 4 | | provides for: | 5 | | (A) the number of in-person visits each committed
| 6 | | person is entitled to per week and per month including the | 7 | | requirements of subsection (f) of this Section ; | 8 | | (B) the hours of in-person visits; | 9 | | (C) the type of identification required for visitors at | 10 | | least 18 years of age; and | 11 | | (D) the type of identification, if any, required for | 12 | | visitors under 18 years of age. | 13 | | (2) This policy shall be posted on the Department website
| 14 | | and at each facility. | 15 | | (3) The Department shall post on its website daily any
| 16 | | restrictions or denials of visitation for that day and the
| 17 | | succeeding 5 calendar days, including those based on a lockdown
| 18 | | of the facility, to inform family members and other visitors. | 19 | | (g) All institutions and facilities of the Department shall | 20 | | permit
religious ministrations and sacraments to be available | 21 | | to every
committed person, but attendance at religious services | 22 | | shall not be
required. | 23 | | (h) Within 90 days after December 31, 1996, the Department | 24 | | shall prohibit
the use of curtains, cell-coverings, or any | 25 | | other matter or object that
obstructs or otherwise impairs the | 26 | | line of vision into a committed person's
cell. |
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| 1 | | (Source: P.A. 99-933, eff. 1-27-17; 100-30, eff. 1-1-18; | 2 | | 100-142, eff. 1-1-18; revised 10-5-17.)
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