Illinois General Assembly - Full Text of Public Act 102-1111
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Public Act 102-1111


 

Public Act 1111 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1111
 
HB4218 EnrolledLRB102 21387 RLC 30502 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, 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.
    (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) 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 (i), "menstrual hygiene products" means
tampons and sanitary napkins for use in connection with the
menstrual cycle.
(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.)

Effective Date: 6/1/2023