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Public Act 100-0677
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| HB4741 Enrolled | LRB100 18925 SLF 34171 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 |
changing Section 3-7-2 as follows:
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(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 |
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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.
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No committed person in a super maximum security facility or on |
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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
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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 this amendatory Act of the |
94th General Assembly 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 |
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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
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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
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and at each facility. |
(3) The Department shall post on its website daily any
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restrictions or denials of visitation for that day and the
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succeeding 5 calendar days, including those based on a lockdown
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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. |