Public Act 103-0331
 
HB3055 EnrolledLRB103 29934 RLC 56349 b


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


 
 
    Section 1. Short title. This Act may be cited as the Faith 
Behind Bars Act.
 
    Section 5. Findings and declaration of policy. 
    (a)  The General Assembly hereby finds, determines, and 
declares the following that:
        (1) Chaplains play a key role in helping persons 
    committed to correctional institutions and facilities 
    transform their understanding of responsibility, choices, 
    and possibilities and that behavior only changes when 
    hearts change.
        (2) Without a spiritual-based transformation there is 
    little hope for sincere, lasting change in any of us. 
    Without a faith-based after-care living situation an 
    ex-offender has little chance of succeeding on the street.


        (3) That the  chaplain's personal contact is crucial. A 
    chaplain ministers through relationship. Being accepting, 
    nonjudgmental, and working toward self-esteem issues is 
    important.
        (4) According to a Pew Research Center 2012 Study,

    Religion in Prisons, 50 state survey of Prison Chaplains, 
    about 71% of  chaplains identify as Protestants, 13% as 
    Catholics, 7% as Muslims, and the remainder identify with 
    other religions, including Judaism and Native American 
    spirituality. A plurality of the chaplains 44% consider 
    their faith to be part of the evangelical Protestant 
    tradition while 15% come from a mainline Protestant 
    tradition and 7% are from a historically black Protestant 
    tradition.


        (5) A Pew Forum survey ranked the top 3 activities of 
    chaplains that are most important, personally leading 
    worship services, religious instruction sessions, or 
    spiritual counseling sessions. About 75% of the chaplains 
    surveyed consider this to be among their most important 
    functions, including 57% who ranked it as their number one 
    priority.
        (6)  The Pew Forum survey found that  most prison 
    chaplains say there are too few religious volunteers to 
    meet the needs of all inmates. About 69% of  prison 
    chaplains surveyed say there are some religious groups for 
    which there are too few volunteers in the prisons where 
    they work.
        (7) A 2020 Audit of federal prisons found that the 
    Federal Bureau of Prisons chaplaincy services departments 
    are not staffed according to the Federal Bureau of Prisons 
    guidelines at many institutions. The Federal Bureau of 
    Prisons current policy states that, at a minimum, each 
    chaplaincy services department should be staffed with at 
    least one chaplain and one religious services assistant. 
    This standard translates to a minimum need for 122 
    chaplains and 122 religious services assistants throughout 
    the Federal Bureau of Prisons. However,  as of March 2020, 
    nearly half of the Federal Bureau of Prisons institutions 
    had no religious services assistant, 3 institutions had no 
    chaplain at all, 21 institutions employed a single 
    chaplain, and 2 institutions had only recently filled 
    their only chaplain position after long vacancies. In 
    addition to the minimum staffing level, Federal Bureau of 
    Prisons guidelines also suggest that institutions 
    supplement the minimum requirement with additional 
    chaplains based on inmate population (one chaplain per 500 
    inmates) and specific characteristics of the institution, 
    such as being a major medical center, having 2 or more 
    satellite facilities, or the inclusion of a special unit, 
    each of which should have one additional chaplain. 
    Therefore, the Federal Bureau of Prisons' chaplaincy 
    services staffing and supplemental guidelines suggest that 
    a fully staffed chaplaincy would include 357 chaplains and 
    122 religious services assistants. As of March 2020, the 
    Federal Bureau of Prisons' chaplaincy staff included only 
    236 chaplains and 64 religious services assistants, which 
    is approximately 30% below what the Federal Bureau of 
    Prisons' guidelines consider to be a fully staffed 
    chaplaincy for the inmate population.  The 2020 audit of 
    federal prisons reports that some Federal Bureau of 
    Prisons institutions were without any chaplaincy staff. 
    During the audit, there was  a peak of at least 3 
    institutions that were without a chaplain.  The audit found 
    that critical tasks may not be accomplished, including 
    purchasing and reviewing library materials and conducting 
    certain faith-based programming.
    (b)  It is the intent of the General Assembly to rectify in 
this State the deficiencies that occur in prison ministries of 
other states and the federal prison system by enacting the 
Faith Behind Bars Act.


 
    Section 10. Definitions. 
    (a) In this Act:
    "Chaplain" means a cleric, such as a minister, priest, 
pastor, rabbi, or imam, or a lay representative of a religious 
tradition, attached to a correctional institution or facility.

    "Chaplaincy" means the general activity performed by a 
chaplain, which may include crisis ministry, counseling, 
sacraments, worship, education, help in ethical 
decision-making, staff support, clergy contact, and community 
or church coordination.

    "Chaplaincy services" means services offered by  a chaplain 
or lay person.
    "Committed person" has the meaning ascribed to it in 
Section 1-2 of the Unified Code of Corrections.
    "Correctional institution or facility" has the meaning 
ascribed to it in Section 1-2 of the Unified Code of 
Corrections.
    "Undue burden" means significant difficulty, expense, or 
detriment to the safety and security of the facility.
 
    Section 15. Right to practice faith in a correctional 
institution or facility. 
    (a) A committed person has  a right to practice his or her 
faith in a correctional institution or facility absent harm or 
without undue burden to the State's correctional  system.
    (b)  A committed person belonging to a faith group in a 
correctional institution or facility shall have access to 
pastoral and spiritual care absent harm or without undue 
burden to the State's correctional system.
    (c)  Absent harm or undue burden, a correctional 
institution or facility shall provide reading materials for 
diverse faith groups, including, but not limited to, 
spiritual, religious texts, prayer manuals, prayer mats, and 
other requested material from committed persons.

    (d)  All correctional institutions and facilities in this 
State shall provide committed persons the ability to pray by 
facilitating time and clean location, fast by allowing a 
committed person to  abstain from food when appropriate, and 
respect for dietary restrictions absent harm or without undue 
burden to the State's correctional system.
    (e) All correctional institutions and facilities in this 
State shall hold a training seminar administered by chaplains 
of the leading faith groups representing the State's 
correctional institutions and facilities population every 5 
years for wardens and chief administrative officers of 
correctional institutions and facilities to familiarize 
themselves with the foundations of each faith group.

    (f) All correctional institutions and facilities in this 
State shall maintain a chaplain database of chaplains 
representing the percentage of the correctional institutions 
and facilities populations' various faith groups.
    (g) All correctional institutions and facilities in this 
State shall provide access to chaplains in the State's 
correctional  system as requested by a committed person 
belonging to a specific faith group cross-referenced by the 
correctional institutions and facilities  chaplain database.
    (h)  All correctional institutions and facilities in this 
State shall not bar chaplains from access to committed persons 
absent evidence of potential harm or threat to the  security of 
the State's correctional  system.
    (i) All correctional institutions and facilities in this 
State shall grant requests of religious observance gatherings, 
including, but not limited to, mass, weekly congregations, 
sermons, and pastoral meetings absent harm or undue burden to 
the State's correctional system.

    (j) In determining whether an action would result in an 
undue burden under this Section, factors to be considered by 
the warden or chief administrative officer of the correctional 
institution or facility include: 
        (1) the nature and cost of the action needed under 
    this Section;
        (2) the overall financial resources of the 
    correctional institution or facility involved in the 
    action;
        (3) the number of persons employed at the correctional 
    institution or facility;
        (4) the effect on expenses and resources of the 
    correctional institution or facility; and
        (5) legitimate safety and security requirements that 
    are necessary for safe operation of the correctional 
    institution or facility, including crime prevention 
    measures.
  
 
    Section 90. 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)
    (Text of Section before amendment by P.A. 102-1111)
    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. 102-1082, eff. 6-10-22.)
 
    (Text of Section after amendment by P.A. 102-1111)
    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, including underwear, 
bedding, soap and towels and medical and dental care. 
Underwear provided to each committed person in all 
institutions and facilities of the Department shall be free of 
charge and shall be provided at any time upon request, 
including multiple requests,  of the committed person or as 
needed by the committed person.
    (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. This subsection (g)

is subject to the provisions of the Faith Behind Bars Act.
    (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. 
    (j) (i) Menstrual hygiene products shall be available, as 
needed,  free of charge,  at all institutions and facilities of 
the Department for all committed persons who menstruate.  In 
this subsection (j) (i), "menstrual hygiene products" means 
tampons and sanitary napkins for use in connection with












  the 
menstrual cycle. 
(Source: P.A. 102-1082, eff. 6-10-22; 102-1111, eff. 6-1-23; 
revised 1-8-23.)
 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.


Effective Date:  1/1/2024