101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4731

 

Introduced 2/18/2020, by Rep. Lamont J. Robinson, Jr.

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-7-2  from Ch. 38, par. 1003-7-2
730 ILCS 125/26.1 new

    Amends the Unified Code of Corrections and the County Jail Act. Provides that neither the Director of Corrections nor the county sheriff may prohibit a prisoner from receiving any books, audiovisual materials, periodicals, or other instructional materials involving the history, empowerment, or self-help of any race, ethnicity, or religious group and each prisoner shall have access to those items. Effective immediately.


LRB101 16557 RLC 65941 b

 

 

A BILL FOR

 

HB4731LRB101 16557 RLC 65941 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-7-2 as follows:
 
6    (730 ILCS 5/3-7-2)  (from Ch. 38, par. 1003-7-2)
7    Sec. 3-7-2. Facilities.
8    (a) All institutions and facilities of the Department shall
9provide every committed person with access to toilet
10facilities, barber facilities, bathing facilities at least
11once each week, a library of legal materials and published
12materials including newspapers and magazines approved by the
13Director. A committed person may not receive any materials that
14the Director deems pornographic. The Director may not prohibit
15a committed person from receiving any books, audiovisual
16materials, periodicals, or other instructional materials
17involving the history, empowerment, or self-help of any race,
18ethnicity, or religious group and each committed person shall
19have access to those items.
20    (b) (Blank).
21    (c) All institutions and facilities of the Department shall
22provide facilities for every committed person to leave his cell
23for at least one hour each day unless the chief administrative

 

 

HB4731- 2 -LRB101 16557 RLC 65941 b

1officer determines that it would be harmful or dangerous to the
2security or safety of the institution or facility.
3    (d) All institutions and facilities of the Department shall
4provide every committed person with a wholesome and nutritional
5diet at regularly scheduled hours, drinking water, clothing
6adequate for the season, bedding, soap and towels and medical
7and dental care.
8    (e) All institutions and facilities of the Department shall
9permit every committed person to send and receive an unlimited
10number of uncensored letters, provided, however, that the
11Director may order that mail be inspected and read for reasons
12of the security, safety or morale of the institution or
13facility.
14    (f) All of the institutions and facilities of the
15Department shall permit every committed person to receive
16in-person visitors and video contact, if available, except in
17case of abuse of the visiting privilege or when the chief
18administrative officer determines that such visiting would be
19harmful or dangerous to the security, safety or morale of the
20institution or facility. Each committed person is entitled to 7
21visits per month. Every committed person may submit a list of
22at least 30 persons to the Department that are authorized to
23visit the committed person. The list shall be kept in an
24electronic format by the Department beginning on August 1,
252019, as well as available in paper form for Department
26employees. The chief administrative officer shall have the

 

 

HB4731- 3 -LRB101 16557 RLC 65941 b

1right to restrict visitation to non-contact visits, video, or
2other forms of non-contact visits for reasons of safety,
3security, and order, including, but not limited to, restricting
4contact visits for committed persons engaged in gang activity.
5No committed person in a super maximum security facility or on
6disciplinary segregation is allowed contact visits. Any
7committed person found in possession of illegal drugs or who
8fails a drug test shall not be permitted contact visits for a
9period of at least 6 months. Any committed person involved in
10gang activities or found guilty of assault committed against a
11Department employee shall not be permitted contact visits for a
12period of at least 6 months. The Department shall offer every
13visitor appropriate written information concerning HIV and
14AIDS, including information concerning how to contact the
15Illinois Department of Public Health for counseling
16information. The Department shall develop the written
17materials in consultation with the Department of Public Health.
18The Department shall ensure that all such information and
19materials are culturally sensitive and reflect cultural
20diversity as appropriate. Implementation of the changes made to
21this Section by Public Act 94-629 is subject to appropriation.
22The Department shall seek the lowest possible cost to provide
23video calling and shall charge to the extent of recovering any
24demonstrated costs of providing video calling. The Department
25shall not make a commission or profit from video calling
26services. Nothing in this Section shall be construed to permit

 

 

HB4731- 4 -LRB101 16557 RLC 65941 b

1video calling instead of in-person visitation.
2    (f-5) (Blank).
3    (f-10) The Department may not restrict or limit in-person
4visits to committed persons due to the availability of
5interactive video conferences.
6    (f-15)(1) The Department shall issue a standard written
7policy for each institution and facility of the Department that
8provides for:
9        (A) the number of in-person visits each committed
10    person is entitled to per week and per month including the
11    requirements of subsection (f) of this Section;
12        (B) the hours of in-person visits;
13        (C) the type of identification required for visitors at
14    least 18 years of age; and
15        (D) the type of identification, if any, required for
16    visitors under 18 years of age.
17    (2) This policy shall be posted on the Department website
18and at each facility.
19    (3) The Department shall post on its website daily any
20restrictions or denials of visitation for that day and the
21succeeding 5 calendar days, including those based on a lockdown
22of the facility, to inform family members and other visitors.
23    (g) All institutions and facilities of the Department shall
24permit religious ministrations and sacraments to be available
25to every committed person, but attendance at religious services
26shall not be required.

 

 

HB4731- 5 -LRB101 16557 RLC 65941 b

1    (h) Within 90 days after December 31, 1996, the Department
2shall prohibit the use of curtains, cell-coverings, or any
3other matter or object that obstructs or otherwise impairs the
4line of vision into a committed person's cell.
5(Source: P.A. 99-933, eff. 1-27-17; 100-30, eff. 1-1-18;
6100-142, eff. 1-1-18; 100-677, eff. 1-1-19; 100-863, eff.
78-14-18.)
 
8    Section 10. The County Jail Act is amended by adding
9Section 26.1 as follows:
 
10    (730 ILCS 125/26.1 new)
11    Sec. 26.1. Instructional and empowerment materials. The
12sheriff may not prohibit a prisoner confined in a county jail
13from receiving any books, audiovisual materials, periodicals,
14or other instructional materials involving the history,
15empowerment, or self-help of any race, ethnicity, or religious
16group and each prisoner shall have access to those items.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.