Public Act 102-1082
 
SB3180 EnrolledLRB102 23350 RLC 32516 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Unified Code of Corrections is amended  by 
changing Section 3-7-2 as follows:
 
    (730 ILCS 5/3-7-2)  (from Ch. 38, par. 1003-7-2)
    Sec. 3-7-2. Facilities. 
    (a) All institutions and facilities of the Department 
shall provide
every committed person with access to toilet 
facilities, barber
facilities, bathing facilities at least 
once each week, a library of
legal materials and published 
materials including newspapers and magazines
approved by the 
Director.  A committed person may not receive any materials

that the Director deems pornographic.
    (b) (Blank).
    (c) All institutions and facilities of the Department 
shall provide
facilities for every committed person to leave 
his cell for at least one
hour each day unless the chief 
administrative officer determines that it
would be harmful or 
dangerous to the security or safety of the
institution or 
facility.
    (d) All institutions and facilities of the Department 
shall provide
every committed person with a wholesome and 
nutritional diet at
regularly scheduled hours, drinking water, 
clothing adequate for the
season, bedding, soap and towels and 
medical and dental care.
    (e) All institutions and facilities of the Department 
shall permit
every committed person to send and receive an 
unlimited number of
uncensored letters, provided, however, 
that the Director may order that
mail be inspected and read for 
reasons of the security, safety or morale
of the institution 
or facility.
    (f) All of the institutions and facilities of the 
Department shall
permit every committed person to receive 
in-person visitors and video contact, if available, except in 
case of
abuse of the visiting privilege or when the chief 
administrative officer
determines that such visiting would be 
harmful or dangerous to the
security, safety or morale of the 
institution or facility.
Each committed person is entitled to 
7 visits per month. Every committed person may submit a list of 
at least 30 persons to the Department that are authorized to 
visit the committed person. The list shall be kept in an 
electronic format by the Department beginning on August 1, 
2019, as well as available in paper form for Department 
employees. The chief administrative officer shall have the 
right to restrict visitation
to non-contact visits, video, or 
other forms of non-contact visits for reasons of safety, 
security, and order, including,
but not limited to, 
restricting contact visits for committed persons engaged in

gang activity.
No committed person in a super maximum security 
facility or on disciplinary
segregation is allowed contact 
visits.  Any committed person found in
possession of illegal 
drugs or who fails a drug test shall not be permitted
contact 
visits for a period of at least 6 months.  Any committed person

involved in gang activities or found guilty of assault 
committed against a
Department employee shall not be permitted 
contact visits for a period of at
least 6 months. The 
Department shall offer every visitor appropriate written 
information concerning HIV and AIDS, including information 
concerning how to contact the Illinois Department of Public 
Health for counseling information. The Department shall 
develop the written materials in consultation with the 
Department of Public Health. The Department shall ensure that 
all such information and materials are culturally sensitive 
and reflect cultural diversity as appropriate. Implementation 
of the changes made to this Section by Public Act 94-629 is 
subject to appropriation.
The Department shall seek the lowest 
possible cost to provide video calling and shall charge to the 
extent of recovering any demonstrated costs of providing video 
calling. The Department shall not make a commission or profit 
from video calling services.  Nothing in this Section shall be 
construed to permit video calling instead of in-person 
visitation. 
    (f-5) (Blank).
    (f-10)  The Department may not restrict or limit in-person 
visits to committed persons due to the availability of 
interactive video conferences.
    (f-15)(1)   The Department shall issue a standard written 
policy for each institution and facility of the Department 
that provides for:
        (A) the number of in-person visits each committed

    person is entitled to per week and per month including the 
    requirements of subsection (f) of this Section;
        (B) the hours of in-person visits;
        (C) the type of identification required for visitors 
    at least 18 years of age; and
        (D)  the type of identification, if any, required for 
    visitors under 18 years of age. 
    (2) This policy shall be posted on the Department website

and at each facility.
    (3) The Department shall post on its website daily any

restrictions or denials of visitation for that day and the

succeeding 5 calendar days, including those based on a 
lockdown
of the facility, to inform family members and other 
visitors. 
    (g) All institutions and facilities of the Department 
shall permit
religious ministrations and sacraments to be 
available to every
committed person, but attendance at 
religious services shall not be
required.
    (h) Within 90 days after December 31, 1996, the Department 
shall prohibit
the use of curtains, cell-coverings, or any 
other matter or object that
obstructs or otherwise impairs the 
line of vision into a committed person's
cell.
    (i)     A point of contact person appointed under subsection  
(u-6) of Section 3-2-2 of this Code shall promptly and 
efficiently review suggestions, complaints, and other requests 
made by visitors to institutions and facilities of the 
Department and by other members of the public. Based on the 
nature of the submission, the point of contact person shall 
communicate with the appropriate division of the Department, 
disseminate the concern or complaint, and act as liaison 
between the parties to reach a resolution.
        (1)     The point of contact person shall maintain 
    information about the subject matter of each 
    correspondence, including, but not limited to, information 
    about the following subjects:
            (A)  the parties making the submission;
            (B)  any commissary-related concerns;
            (C)  any concerns about the institution or 
        facility's COVID protocols and mitigations;
            (D)  any concerns about mail, video, or electronic 
        messages or other communications with incarcerated 
        persons;
            (E)  any concerns about the institution or 
        facility;
            (F)  any discipline-related concerns;
            (G)  any concerns about earned sentencing credits;
            (H)  any concerns about educational opportunities 
        for incarcerated persons;
            (I)  any concerns about health-related matters;
            (J)  any mental health concerns;
            (K)  any concerns about personal property;
            (L)  any concerns about the records of the 
        incarcerated person;
            (M)  any concerns about recreational opportunities 
        for incarcerated persons;
            (N)   any staffing-related concerns;
            (O)   any concerns about the transfer of individuals 
        in custody;
            (P)  any concerns about visitation; and
            (Q)   any concerns about work opportunities for 
        incarcerated persons.
        The information shall be maintained in accordance with 
    standards set by the Department of Corrections, and shall 
    be made available to the Department's Planning and 
    Research Division. The point of contact person shall 
    provide a summary of the results of the review, including 
    any resolution or recommendations made as a result of 
    correspondence with the Planning and Research Division of 
    the Department.
        (2)      The Department shall provide an annual written 
    report to the General Assembly and the Governor, with the 
    first report due no later than January 1, 2023, and 
    publish the report on its website within 48 hours after 
    the report is transmitted to the Governor and the General 
    Assembly. The report shall include a summary of activities 
    undertaken and completed as a result of submissions to the 
    point of contact person. The Department of Corrections 
    shall collect and report the following aggregated and 
    disaggregated data for each institution and facility and 
    describe:
            (A)   the work of the point of contact person;
            (B)   the general nature of suggestions, complaints, 
        and other requests submitted to the point of contact 
        person;
            (C)   the volume of emails, calls, letters, and 
        other correspondence received by the point of contact 
        person;
            (D)   the resolutions reached or recommendations 
        made as a result of the point of contact person's 
        review;
            (E)   whether, if an investigation is recommended, a 
        report of the complaint was forwarded to the Chief 
        Inspector of the Department or other Department 
        employee, and the resolution of the complaint, and if 
        the investigation has not concluded, a detailed status 
        report on the complaint; and
            (F)   any recommendations that the point of contact 
        person has relating to systemic issues in the 
        Department of Corrections, and any other matters for 
        consideration by the General Assembly and the 
        Governor.
        The name, address, or other personally identifiable 
    information of a person who files a complaint, suggestion, 
    or other request with the point of contact person, and 
    confidential records shall be redacted from the annual 
    report and are not subject to disclosure under the Freedom 
    of Information Act. The Department shall disclose the 
    records only if required by a court order on a showing of 
    good cause.
        (3)     The Department must post in a conspicuous place in  
    the waiting area of every facility or institution a sign 
    that contains in bold, black type the following:
            (A)   a short statement notifying visitors of the 
        point of contact person and that person's duty to 
        receive suggestions, complaints, or other requests; 
        and
            (B)   information on how to submit suggestions, 
        complaints, or other requests to the point of contact 
        person. 
(Source: P.A. 99-933, eff. 1-27-17; 100-30, eff. 1-1-18; 
100-142, eff. 1-1-18; 100-677, eff. 1-1-19; 100-863, eff. 
8-14-18.)

 
    Section 99. Effective date. This Act takes effect upon 
becoming law.