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Public Act 102-1082


 

Public Act 1082 102ND GENERAL ASSEMBLY

  
  
  

 


 
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.

Effective Date: 6/10/2022