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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Faith | |||||||||||||||||||||
5 | Behind Bars Act. | |||||||||||||||||||||
6 | Section 5. Findings and declaration of policy. | |||||||||||||||||||||
7 | (a) The General Assembly hereby finds, determines, and | |||||||||||||||||||||
8 | declares the following that: | |||||||||||||||||||||
9 | (1) Chaplains play a key role in helping persons | |||||||||||||||||||||
10 | committed to correctional institutions and facilities | |||||||||||||||||||||
11 | transform their understanding of responsibility, choices, | |||||||||||||||||||||
12 | and possibilities and that behavior only changes when | |||||||||||||||||||||
13 | hearts change. | |||||||||||||||||||||
14 | (2) Without a spiritual-based transformation there is | |||||||||||||||||||||
15 | little hope for sincere, lasting change in any of us. | |||||||||||||||||||||
16 | Without a faith-based after-care living situation an | |||||||||||||||||||||
17 | ex-offender has little chance of succeeding on the street.
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18 | (3) That the chaplain's personal contact is crucial. A | |||||||||||||||||||||
19 | chaplain ministers through relationship. Being accepting, | |||||||||||||||||||||
20 | nonjudgmental, and working toward self-esteem issues is | |||||||||||||||||||||
21 | important. | |||||||||||||||||||||
22 | (4) According to a Pew Research Center 2012 Study,
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23 | Religion in Prisons, 50 state survey of Prison Chaplains, |
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1 | about 71% of chaplains identify as Protestants, 13% as | ||||||
2 | Catholics, 7% as Muslims, and the remainder identify with | ||||||
3 | other religions, including Judaism and Native American | ||||||
4 | spirituality. A plurality of the chaplains 44% consider | ||||||
5 | their faith to be part of the evangelical Protestant | ||||||
6 | tradition while 15% come from a mainline Protestant | ||||||
7 | tradition and 7% are from a historically black Protestant | ||||||
8 | tradition.
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9 | (5) A Pew Forum survey ranked the top 3 activities of | ||||||
10 | chaplains that are most important, personally leading | ||||||
11 | worship services, religious instruction sessions, or | ||||||
12 | spiritual counseling sessions. About 75% of the chaplains | ||||||
13 | surveyed consider this to be among their most important | ||||||
14 | functions, including 57% who ranked it as their number one | ||||||
15 | priority. | ||||||
16 | (6) The Pew Forum survey found that most prison | ||||||
17 | chaplains say there are too few religious volunteers to | ||||||
18 | meet the needs of all inmates. About 69% of prison | ||||||
19 | chaplains surveyed say there are some religious groups for | ||||||
20 | which there are too few volunteers in the prisons where | ||||||
21 | they work. | ||||||
22 | (7) A 2020 Audit of federal prisons found that the | ||||||
23 | Federal Bureau of Prisons chaplaincy services departments | ||||||
24 | are not staffed according to the Federal Bureau of Prisons | ||||||
25 | guidelines at many institutions. The Federal Bureau of | ||||||
26 | Prisons current policy states that, at a minimum, each |
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1 | chaplaincy services department should be staffed with at | ||||||
2 | least one chaplain and one religious services assistant. | ||||||
3 | This standard translates to a minimum need for 122 | ||||||
4 | chaplains and 122 religious services assistants throughout | ||||||
5 | the Federal Bureau of Prisons. However, as of March 2020, | ||||||
6 | nearly half of the Federal Bureau of Prisons institutions | ||||||
7 | had no religious services assistant, 3 institutions had no | ||||||
8 | chaplain at all, 21 institutions employed a single | ||||||
9 | chaplain, and 2 institutions had only recently filled | ||||||
10 | their only chaplain position after long vacancies. In | ||||||
11 | addition to the minimum staffing level, Federal Bureau of | ||||||
12 | Prisons guidelines also suggest that institutions | ||||||
13 | supplement the minimum requirement with additional | ||||||
14 | chaplains based on inmate population (one chaplain per 500 | ||||||
15 | inmates) and specific characteristics of the institution, | ||||||
16 | such as being a major medical center, having 2 or more | ||||||
17 | satellite facilities, or the inclusion of a special unit, | ||||||
18 | each of which should have one additional chaplain. | ||||||
19 | Therefore, the Federal Bureau of Prisons' chaplaincy | ||||||
20 | services staffing and supplemental guidelines suggest that | ||||||
21 | a fully staffed chaplaincy would include 357 chaplains and | ||||||
22 | 122 religious services assistants. As of March 2020, the | ||||||
23 | Federal Bureau of Prisons' chaplaincy staff included only | ||||||
24 | 236 chaplains and 64 religious services assistants, which | ||||||
25 | is approximately 30% below what the Federal Bureau of | ||||||
26 | Prisons' guidelines consider to be a fully staffed |
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1 | chaplaincy for the inmate population. The 2020 audit of | ||||||
2 | federal prisons reports that some Federal Bureau of | ||||||
3 | Prisons institutions were without any chaplaincy staff. | ||||||
4 | During the audit, there was a peak of at least 3 | ||||||
5 | institutions that were without a chaplain. The audit found | ||||||
6 | that critical tasks may not be accomplished, including | ||||||
7 | purchasing and reviewing library materials and conducting | ||||||
8 | certain faith-based programming. | ||||||
9 | (b) It is the intent of the General Assembly to rectify in | ||||||
10 | this State the deficiencies that occur in prison ministries of | ||||||
11 | other states and the federal prison system by enacting the | ||||||
12 | Faith Behind Bars Act.
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13 | Section 10. Definitions. | ||||||
14 | (a) In this Act: | ||||||
15 | "Chaplain" means a cleric, such as a minister, priest, | ||||||
16 | pastor, rabbi, or imam, or a lay representative of a religious | ||||||
17 | tradition, attached to a correctional institution or facility.
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18 | "Chaplaincy" means the general activity performed by a | ||||||
19 | chaplain, which may include crisis ministry, counseling, | ||||||
20 | sacraments, worship, education, help in ethical | ||||||
21 | decision-making, staff support, clergy contact, and community | ||||||
22 | or church coordination.
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23 | "Chaplaincy services" means services offered by a chaplain | ||||||
24 | or lay person who has been commissioned by a faith group or an | ||||||
25 | organization to provide pastoral services to the correctional |
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1 | institution or facility. | ||||||
2 | "Committed person" has the meaning ascribed to it in | ||||||
3 | Section 1-2 of the Unified Code of Corrections. | ||||||
4 | "Correctional institution or facility" has the meaning | ||||||
5 | ascribed to it in Section 1-2 of the Unified Code of | ||||||
6 | Corrections. | ||||||
7 | "Undue burden" means significant difficulty or expense.
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8 | Section 15. Right to practice faith in a correctional | ||||||
9 | institution or facility. | ||||||
10 | (a) A committed person has a constitutional right to | ||||||
11 | practice his or her faith in a correctional institution or | ||||||
12 | facility absent harm and without undue burden to the State's | ||||||
13 | correctional system. | ||||||
14 | (b) A committed person belonging to a faith group in a | ||||||
15 | correctional institution or facility shall have access to | ||||||
16 | pastoral and spiritual care absent harm and without undue | ||||||
17 | burden to the State's correctional system. | ||||||
18 | (c) A correctional institution or facility shall provide | ||||||
19 | reading materials for diverse faith groups, including, but not | ||||||
20 | limited to, spiritual, religious texts, prayer manuals, prayer | ||||||
21 | mats, and other requested material from committed persons.
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22 | (d) All correctional institutions and facilities in this | ||||||
23 | State shall provide committed persons the ability to pray by | ||||||
24 | facilitating time and clean location, fast by allowing a | ||||||
25 | committed person to abstain from food when appropriate, and |
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1 | respect for dietary restrictions absent harm and without undue | ||||||
2 | burden to the State's correctional system. | ||||||
3 | (e) All correctional institutions and facilities in this | ||||||
4 | State shall hold a training seminar administered by chaplains | ||||||
5 | of the leading faith groups representing the State's | ||||||
6 | correctional institutions and facilities population every 5 | ||||||
7 | years for wardens and chief administrative officers of | ||||||
8 | correctional institutions and facilities to familiarize | ||||||
9 | themselves with the foundations of each faith group.
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10 | (f) All correctional institutions and facilities in this | ||||||
11 | State shall maintain a chaplain database of chaplains | ||||||
12 | representing the percentage of the correctional institutions | ||||||
13 | and facilities populations' various faith groups. | ||||||
14 | (g) All correctional institutions and facilities in this | ||||||
15 | State shall provide access to chaplains in the State's | ||||||
16 | correctional system as requested by a committed person | ||||||
17 | belonging to a specific faith group cross-referenced by the | ||||||
18 | correctional institutions and facilities chaplain database. | ||||||
19 | (h) All correctional institutions and facilities in this | ||||||
20 | State shall not bar chaplains from access to committed persons | ||||||
21 | absent evidence of potential harm and probable cause of threat | ||||||
22 | to the security of the State's correctional system. | ||||||
23 | (i) All correctional institutions and facilities in this | ||||||
24 | State shall grant requests of religious observance gatherings, | ||||||
25 | including, but not limited to, mass, weekly congregations, | ||||||
26 | sermons, and pastoral meetings absent harm and undue burden to |
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1 | the State's correctional system.
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2 | (j) In determining whether an action would result in an | ||||||
3 | undue burden under this Section, factors to be considered by | ||||||
4 | the warden or chief administrative officer of the correctional | ||||||
5 | institution or facility include: | ||||||
6 | (1) the nature and cost of the action needed under | ||||||
7 | this Section; | ||||||
8 | (2) the overall financial resources of the | ||||||
9 | correctional institution or facility involved in the | ||||||
10 | action; | ||||||
11 | (3) the number of persons employed at the correctional | ||||||
12 | institution or facility; | ||||||
13 | (4) the effect on expenses and resources of the | ||||||
14 | correctional institution or facility; and | ||||||
15 | (5) legitimate safety requirements that are necessary | ||||||
16 | for safe operation of the correctional institution or | ||||||
17 | facility, including crime prevention measures.
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18 | Section 90. The Unified Code of Corrections is amended by | ||||||
19 | changing Section 3-7-2 as follows: | ||||||
20 | (730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2) | ||||||
21 | (Text of Section before amendment by P.A. 102-1111 ) | ||||||
22 | Sec. 3-7-2. Facilities. | ||||||
23 | (a) All institutions and facilities of the Department | ||||||
24 | shall provide
every committed person with access to toilet |
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1 | facilities, barber
facilities, bathing facilities at least | ||||||
2 | once each week, a library of
legal materials and published | ||||||
3 | materials including newspapers and magazines
approved by the | ||||||
4 | Director. A committed person may not receive any materials
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5 | that the Director deems pornographic. | ||||||
6 | (b) (Blank). | ||||||
7 | (c) All institutions and facilities of the Department | ||||||
8 | shall provide
facilities for every committed person to leave | ||||||
9 | his cell for at least one
hour each day unless the chief | ||||||
10 | administrative officer determines that it
would be harmful or | ||||||
11 | dangerous to the security or safety of the
institution or | ||||||
12 | facility. | ||||||
13 | (d) All institutions and facilities of the Department | ||||||
14 | shall provide
every committed person with a wholesome and | ||||||
15 | nutritional diet at
regularly scheduled hours, drinking water, | ||||||
16 | clothing adequate for the
season, bedding, soap and towels and | ||||||
17 | medical and dental care. | ||||||
18 | (e) All institutions and facilities of the Department | ||||||
19 | shall permit
every committed person to send and receive an | ||||||
20 | unlimited number of
uncensored letters, provided, however, | ||||||
21 | that the Director may order that
mail be inspected and read for | ||||||
22 | reasons of the security, safety or morale
of the institution | ||||||
23 | or facility. | ||||||
24 | (f) All of the institutions and facilities of the | ||||||
25 | Department shall
permit every committed person to receive | ||||||
26 | in-person visitors and video contact, if available, except in |
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1 | case of
abuse of the visiting privilege or when the chief | ||||||
2 | administrative officer
determines that such visiting would be | ||||||
3 | harmful or dangerous to the
security, safety or morale of the | ||||||
4 | institution or facility.
Each committed person is entitled to | ||||||
5 | 7 visits per month. Every committed person may submit a list of | ||||||
6 | at least 30 persons to the Department that are authorized to | ||||||
7 | visit the committed person. The list shall be kept in an | ||||||
8 | electronic format by the Department beginning on August 1, | ||||||
9 | 2019, as well as available in paper form for Department | ||||||
10 | employees. The chief administrative officer shall have the | ||||||
11 | right to restrict visitation
to non-contact visits, video, or | ||||||
12 | other forms of non-contact visits for reasons of safety, | ||||||
13 | security, and order, including,
but not limited to, | ||||||
14 | restricting contact visits for committed persons engaged in
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15 | gang activity.
No committed person in a super maximum security | ||||||
16 | facility or on disciplinary
segregation is allowed contact | ||||||
17 | visits. Any committed person found in
possession of illegal | ||||||
18 | drugs or who fails a drug test shall not be permitted
contact | ||||||
19 | visits for a period of at least 6 months. Any committed person
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20 | involved in gang activities or found guilty of assault | ||||||
21 | committed against a
Department employee shall not be permitted | ||||||
22 | contact visits for a period of at
least 6 months. The | ||||||
23 | Department shall offer every visitor appropriate written | ||||||
24 | information concerning HIV and AIDS, including information | ||||||
25 | concerning how to contact the Illinois Department of Public | ||||||
26 | Health for counseling information. The Department shall |
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1 | develop the written materials in consultation with the | ||||||
2 | Department of Public Health. The Department shall ensure that | ||||||
3 | all such information and materials are culturally sensitive | ||||||
4 | and reflect cultural diversity as appropriate. Implementation | ||||||
5 | of the changes made to this Section by Public Act 94-629 is | ||||||
6 | subject to appropriation.
The Department shall seek the lowest | ||||||
7 | possible cost to provide video calling and shall charge to the | ||||||
8 | extent of recovering any demonstrated costs of providing video | ||||||
9 | calling. The Department shall not make a commission or profit | ||||||
10 | from video calling services. Nothing in this Section shall be | ||||||
11 | construed to permit video calling instead of in-person | ||||||
12 | visitation. | ||||||
13 | (f-5) (Blank). | ||||||
14 | (f-10) The Department may not restrict or limit in-person | ||||||
15 | visits to committed persons due to the availability of | ||||||
16 | interactive video conferences. | ||||||
17 | (f-15)(1) The Department shall issue a standard written | ||||||
18 | policy for each institution and facility of the Department | ||||||
19 | that provides for: | ||||||
20 | (A) the number of in-person visits each committed
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21 | person is entitled to per week and per month including the | ||||||
22 | requirements of subsection (f) of this Section; | ||||||
23 | (B) the hours of in-person visits; | ||||||
24 | (C) the type of identification required for visitors | ||||||
25 | at least 18 years of age; and | ||||||
26 | (D) the type of identification, if any, required for |
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1 | visitors under 18 years of age. | ||||||
2 | (2) This policy shall be posted on the Department website
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3 | and at each facility. | ||||||
4 | (3) The Department shall post on its website daily any
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5 | restrictions or denials of visitation for that day and the
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6 | succeeding 5 calendar days, including those based on a | ||||||
7 | lockdown
of the facility, to inform family members and other | ||||||
8 | visitors. | ||||||
9 | (g) All institutions and facilities of the Department | ||||||
10 | shall permit
religious ministrations and sacraments to be | ||||||
11 | available to every
committed person, but attendance at | ||||||
12 | religious services shall not be
required. | ||||||
13 | (h) Within 90 days after December 31, 1996, the Department | ||||||
14 | shall prohibit
the use of curtains, cell-coverings, or any | ||||||
15 | other matter or object that
obstructs or otherwise impairs the | ||||||
16 | line of vision into a committed person's
cell. | ||||||
17 | (i) A point of contact person appointed under subsection | ||||||
18 | (u-6) of Section 3-2-2 of this Code shall promptly and | ||||||
19 | efficiently review suggestions, complaints, and other requests | ||||||
20 | made by visitors to institutions and facilities of the | ||||||
21 | Department and by other members of the public. Based on the | ||||||
22 | nature of the submission, the point of contact person shall | ||||||
23 | communicate with the appropriate division of the Department, | ||||||
24 | disseminate the concern or complaint, and act as liaison | ||||||
25 | between the parties to reach a resolution. | ||||||
26 | (1) The point of contact person shall maintain |
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1 | information about the subject matter of each | ||||||
2 | correspondence, including, but not limited to, information | ||||||
3 | about the following subjects: | ||||||
4 | (A) the parties making the submission; | ||||||
5 | (B) any commissary-related concerns; | ||||||
6 | (C) any concerns about the institution or | ||||||
7 | facility's COVID protocols and mitigations; | ||||||
8 | (D) any concerns about mail, video, or electronic | ||||||
9 | messages or other communications with incarcerated | ||||||
10 | persons; | ||||||
11 | (E) any concerns about the institution or | ||||||
12 | facility; | ||||||
13 | (F) any discipline-related concerns; | ||||||
14 | (G) any concerns about earned sentencing credits; | ||||||
15 | (H) any concerns about educational opportunities | ||||||
16 | for incarcerated persons; | ||||||
17 | (I) any concerns about health-related matters; | ||||||
18 | (J) any mental health concerns; | ||||||
19 | (K) any concerns about personal property; | ||||||
20 | (L) any concerns about the records of the | ||||||
21 | incarcerated person; | ||||||
22 | (M) any concerns about recreational opportunities | ||||||
23 | for incarcerated persons; | ||||||
24 | (N) any staffing-related concerns; | ||||||
25 | (O) any concerns about the transfer of individuals | ||||||
26 | in custody; |
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1 | (P) any concerns about visitation; and | ||||||
2 | (Q) any concerns about work opportunities for | ||||||
3 | incarcerated persons. | ||||||
4 | The information shall be maintained in accordance with | ||||||
5 | standards set by the Department of Corrections, and shall | ||||||
6 | be made available to the Department's Planning and | ||||||
7 | Research Division. The point of contact person shall | ||||||
8 | provide a summary of the results of the review, including | ||||||
9 | any resolution or recommendations made as a result of | ||||||
10 | correspondence with the Planning and Research Division of | ||||||
11 | the Department. | ||||||
12 | (2) The Department shall provide an annual written | ||||||
13 | report to the General Assembly and the Governor, with the | ||||||
14 | first report due no later than January 1, 2023, and | ||||||
15 | publish the report on its website within 48 hours after | ||||||
16 | the report is transmitted to the Governor and the General | ||||||
17 | Assembly. The report shall include a summary of activities | ||||||
18 | undertaken and completed as a result of submissions to the | ||||||
19 | point of contact person. The Department of Corrections | ||||||
20 | shall collect and report the following aggregated and | ||||||
21 | disaggregated data for each institution and facility and | ||||||
22 | describe: | ||||||
23 | (A) the work of the point of contact person; | ||||||
24 | (B) the general nature of suggestions, complaints, | ||||||
25 | and other requests submitted to the point of contact | ||||||
26 | person; |
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| |||||||
1 | (C) the volume of emails, calls, letters, and | ||||||
2 | other correspondence received by the point of contact | ||||||
3 | person; | ||||||
4 | (D) the resolutions reached or recommendations | ||||||
5 | made as a result of the point of contact person's | ||||||
6 | review; | ||||||
7 | (E) whether, if an investigation is recommended, a | ||||||
8 | report of the complaint was forwarded to the Chief | ||||||
9 | Inspector of the Department or other Department | ||||||
10 | employee, and the resolution of the complaint, and if | ||||||
11 | the investigation has not concluded, a detailed status | ||||||
12 | report on the complaint; and | ||||||
13 | (F) any recommendations that the point of contact | ||||||
14 | person has relating to systemic issues in the | ||||||
15 | Department of Corrections, and any other matters for | ||||||
16 | consideration by the General Assembly and the | ||||||
17 | Governor. | ||||||
18 | The name, address, or other personally identifiable | ||||||
19 | information of a person who files a complaint, suggestion, | ||||||
20 | or other request with the point of contact person, and | ||||||
21 | confidential records shall be redacted from the annual | ||||||
22 | report and are not subject to disclosure under the Freedom | ||||||
23 | of Information Act. The Department shall disclose the | ||||||
24 | records only if required by a court order on a showing of | ||||||
25 | good cause. | ||||||
26 | (3) The Department must post in a conspicuous place in |
| |||||||
| |||||||
1 | the waiting area of every facility or institution a sign | ||||||
2 | that contains in bold, black type the following: | ||||||
3 | (A) a short statement notifying visitors of the | ||||||
4 | point of contact person and that person's duty to | ||||||
5 | receive suggestions, complaints, or other requests; | ||||||
6 | and | ||||||
7 | (B) information on how to submit suggestions, | ||||||
8 | complaints, or other requests to the point of contact | ||||||
9 | person. | ||||||
10 | (Source: P.A. 102-1082, eff. 6-10-22.) | ||||||
11 | (Text of Section after amendment by P.A. 102-1111 ) | ||||||
12 | Sec. 3-7-2. Facilities. | ||||||
13 | (a) All institutions and facilities of the Department | ||||||
14 | shall provide
every committed person with access to toilet | ||||||
15 | facilities, barber
facilities, bathing facilities at least | ||||||
16 | once each week, a library of
legal materials and published | ||||||
17 | materials including newspapers and magazines
approved by the | ||||||
18 | Director. A committed person may not receive any materials
| ||||||
19 | that the Director deems pornographic. | ||||||
20 | (b) (Blank). | ||||||
21 | (c) All institutions and facilities of the Department | ||||||
22 | shall provide
facilities for every committed person to leave | ||||||
23 | his cell for at least one
hour each day unless the chief | ||||||
24 | administrative officer determines that it
would be harmful or | ||||||
25 | dangerous to the security or safety of the
institution or |
| |||||||
| |||||||
1 | facility. | ||||||
2 | (d) All institutions and facilities of the Department | ||||||
3 | shall provide
every committed person with a wholesome and | ||||||
4 | nutritional diet at
regularly scheduled hours, drinking water, | ||||||
5 | clothing adequate for the
season, including underwear, | ||||||
6 | bedding, soap and towels and medical and dental care. | ||||||
7 | Underwear provided to each committed person in all | ||||||
8 | institutions and facilities of the Department shall be free of | ||||||
9 | charge and shall be provided at any time upon request, | ||||||
10 | including multiple requests, of the committed person or as | ||||||
11 | needed by the committed person. | ||||||
12 | (e) All institutions and facilities of the Department | ||||||
13 | shall permit
every committed person to send and receive an | ||||||
14 | unlimited number of
uncensored letters, provided, however, | ||||||
15 | that the Director may order that
mail be inspected and read for | ||||||
16 | reasons of the security, safety or morale
of the institution | ||||||
17 | or facility. | ||||||
18 | (f) All of the institutions and facilities of the | ||||||
19 | Department shall
permit every committed person to receive | ||||||
20 | in-person visitors and video contact, if available, except in | ||||||
21 | case of
abuse of the visiting privilege or when the chief | ||||||
22 | administrative officer
determines that such visiting would be | ||||||
23 | harmful or dangerous to the
security, safety or morale of the | ||||||
24 | institution or facility.
Each committed person is entitled to | ||||||
25 | 7 visits per month. Every committed person may submit a list of | ||||||
26 | at least 30 persons to the Department that are authorized to |
| |||||||
| |||||||
1 | visit the committed person. The list shall be kept in an | ||||||
2 | electronic format by the Department beginning on August 1, | ||||||
3 | 2019, as well as available in paper form for Department | ||||||
4 | employees. The chief administrative officer shall have the | ||||||
5 | right to restrict visitation
to non-contact visits, video, or | ||||||
6 | other forms of non-contact visits for reasons of safety, | ||||||
7 | security, and order, including,
but not limited to, | ||||||
8 | restricting contact visits for committed persons engaged in
| ||||||
9 | gang activity.
No committed person in a super maximum security | ||||||
10 | facility or on disciplinary
segregation is allowed contact | ||||||
11 | visits. Any committed person found in
possession of illegal | ||||||
12 | drugs or who fails a drug test shall not be permitted
contact | ||||||
13 | visits for a period of at least 6 months. Any committed person
| ||||||
14 | involved in gang activities or found guilty of assault | ||||||
15 | committed against a
Department employee shall not be permitted | ||||||
16 | contact visits for a period of at
least 6 months. The | ||||||
17 | Department shall offer every visitor appropriate written | ||||||
18 | information concerning HIV and AIDS, including information | ||||||
19 | concerning how to contact the Illinois Department of Public | ||||||
20 | Health for counseling information. The Department shall | ||||||
21 | develop the written materials in consultation with the | ||||||
22 | Department of Public Health. The Department shall ensure that | ||||||
23 | all such information and materials are culturally sensitive | ||||||
24 | and reflect cultural diversity as appropriate. Implementation | ||||||
25 | of the changes made to this Section by Public Act 94-629 is | ||||||
26 | subject to appropriation.
The Department shall seek the lowest |
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1 | possible cost to provide video calling and shall charge to the | ||||||
2 | extent of recovering any demonstrated costs of providing video | ||||||
3 | calling. The Department shall not make a commission or profit | ||||||
4 | from video calling services. Nothing in this Section shall be | ||||||
5 | construed to permit video calling instead of in-person | ||||||
6 | visitation. | ||||||
7 | (f-5) (Blank). | ||||||
8 | (f-10) The Department may not restrict or limit in-person | ||||||
9 | visits to committed persons due to the availability of | ||||||
10 | interactive video conferences. | ||||||
11 | (f-15)(1) The Department shall issue a standard written | ||||||
12 | policy for each institution and facility of the Department | ||||||
13 | that provides for: | ||||||
14 | (A) the number of in-person visits each committed
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15 | person is entitled to per week and per month including the | ||||||
16 | requirements of subsection (f) of this Section; | ||||||
17 | (B) the hours of in-person visits; | ||||||
18 | (C) the type of identification required for visitors | ||||||
19 | at least 18 years of age; and | ||||||
20 | (D) the type of identification, if any, required for | ||||||
21 | visitors under 18 years of age. | ||||||
22 | (2) This policy shall be posted on the Department website
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23 | and at each facility. | ||||||
24 | (3) The Department shall post on its website daily any
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25 | restrictions or denials of visitation for that day and the
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26 | succeeding 5 calendar days, including those based on a |
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1 | lockdown
of the facility, to inform family members and other | ||||||
2 | visitors. | ||||||
3 | (g) All institutions and facilities of the Department | ||||||
4 | shall permit
religious ministrations and sacraments to be | ||||||
5 | available to every
committed person, but attendance at | ||||||
6 | religious services shall not be
required. This subsection (g)
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7 | is subject to the provisions of the Faith Behind Bars Act. | ||||||
8 | (h) Within 90 days after December 31, 1996, the Department | ||||||
9 | shall prohibit
the use of curtains, cell-coverings, or any | ||||||
10 | other matter or object that
obstructs or otherwise impairs the | ||||||
11 | line of vision into a committed person's
cell. | ||||||
12 | (i) A point of contact person appointed under subsection | ||||||
13 | (u-6) of Section 3-2-2 of this Code shall promptly and | ||||||
14 | efficiently review suggestions, complaints, and other requests | ||||||
15 | made by visitors to institutions and facilities of the | ||||||
16 | Department and by other members of the public. Based on the | ||||||
17 | nature of the submission, the point of contact person shall | ||||||
18 | communicate with the appropriate division of the Department, | ||||||
19 | disseminate the concern or complaint, and act as liaison | ||||||
20 | between the parties to reach a resolution. | ||||||
21 | (1) The point of contact person shall maintain | ||||||
22 | information about the subject matter of each | ||||||
23 | correspondence, including, but not limited to, information | ||||||
24 | about the following subjects: | ||||||
25 | (A) the parties making the submission; | ||||||
26 | (B) any commissary-related concerns; |
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1 | (C) any concerns about the institution or | ||||||
2 | facility's COVID protocols and mitigations; | ||||||
3 | (D) any concerns about mail, video, or electronic | ||||||
4 | messages or other communications with incarcerated | ||||||
5 | persons; | ||||||
6 | (E) any concerns about the institution or | ||||||
7 | facility; | ||||||
8 | (F) any discipline-related concerns; | ||||||
9 | (G) any concerns about earned sentencing credits; | ||||||
10 | (H) any concerns about educational opportunities | ||||||
11 | for incarcerated persons; | ||||||
12 | (I) any concerns about health-related matters; | ||||||
13 | (J) any mental health concerns; | ||||||
14 | (K) any concerns about personal property; | ||||||
15 | (L) any concerns about the records of the | ||||||
16 | incarcerated person; | ||||||
17 | (M) any concerns about recreational opportunities | ||||||
18 | for incarcerated persons; | ||||||
19 | (N) any staffing-related concerns; | ||||||
20 | (O) any concerns about the transfer of individuals | ||||||
21 | in custody; | ||||||
22 | (P) any concerns about visitation; and | ||||||
23 | (Q) any concerns about work opportunities for | ||||||
24 | incarcerated persons. | ||||||
25 | The information shall be maintained in accordance with | ||||||
26 | standards set by the Department of Corrections, and shall |
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1 | be made available to the Department's Planning and | ||||||
2 | Research Division. The point of contact person shall | ||||||
3 | provide a summary of the results of the review, including | ||||||
4 | any resolution or recommendations made as a result of | ||||||
5 | correspondence with the Planning and Research Division of | ||||||
6 | the Department. | ||||||
7 | (2) The Department shall provide an annual written | ||||||
8 | report to the General Assembly and the Governor, with the | ||||||
9 | first report due no later than January 1, 2023, and | ||||||
10 | publish the report on its website within 48 hours after | ||||||
11 | the report is transmitted to the Governor and the General | ||||||
12 | Assembly. The report shall include a summary of activities | ||||||
13 | undertaken and completed as a result of submissions to the | ||||||
14 | point of contact person. The Department of Corrections | ||||||
15 | shall collect and report the following aggregated and | ||||||
16 | disaggregated data for each institution and facility and | ||||||
17 | describe: | ||||||
18 | (A) the work of the point of contact person; | ||||||
19 | (B) the general nature of suggestions, complaints, | ||||||
20 | and other requests submitted to the point of contact | ||||||
21 | person; | ||||||
22 | (C) the volume of emails, calls, letters, and | ||||||
23 | other correspondence received by the point of contact | ||||||
24 | person; | ||||||
25 | (D) the resolutions reached or recommendations | ||||||
26 | made as a result of the point of contact person's |
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1 | review; | ||||||
2 | (E) whether, if an investigation is recommended, a | ||||||
3 | report of the complaint was forwarded to the Chief | ||||||
4 | Inspector of the Department or other Department | ||||||
5 | employee, and the resolution of the complaint, and if | ||||||
6 | the investigation has not concluded, a detailed status | ||||||
7 | report on the complaint; and | ||||||
8 | (F) any recommendations that the point of contact | ||||||
9 | person has relating to systemic issues in the | ||||||
10 | Department of Corrections, and any other matters for | ||||||
11 | consideration by the General Assembly and the | ||||||
12 | Governor. | ||||||
13 | The name, address, or other personally identifiable | ||||||
14 | information of a person who files a complaint, suggestion, | ||||||
15 | or other request with the point of contact person, and | ||||||
16 | confidential records shall be redacted from the annual | ||||||
17 | report and are not subject to disclosure under the Freedom | ||||||
18 | of Information Act. The Department shall disclose the | ||||||
19 | records only if required by a court order on a showing of | ||||||
20 | good cause. | ||||||
21 | (3) The Department must post in a conspicuous place in | ||||||
22 | the waiting area of every facility or institution a sign | ||||||
23 | that contains in bold, black type the following: | ||||||
24 | (A) a short statement notifying visitors of the | ||||||
25 | point of contact person and that person's duty to | ||||||
26 | receive suggestions, complaints, or other requests; |
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1 | and | ||||||
2 | (B) information on how to submit suggestions, | ||||||
3 | complaints, or other requests to the point of contact | ||||||
4 | person. | ||||||
5 | (j) (i) Menstrual hygiene products shall be available, as | ||||||
6 | needed, free of charge, at all institutions and facilities of | ||||||
7 | the Department for all committed persons who menstruate. In | ||||||
8 | this subsection (j) (i) , "menstrual hygiene products" means | ||||||
9 | tampons and sanitary napkins for use in connection with
the | ||||||
10 | menstrual cycle. | ||||||
11 | (Source: P.A. 102-1082, eff. 6-10-22; 102-1111, eff. 6-1-23; | ||||||
12 | revised 1-8-23.) | ||||||
13 | Section 95. No acceleration or delay. Where this Act makes | ||||||
14 | changes in a statute that is represented in this Act by text | ||||||
15 | that is not yet or no longer in effect (for example, a Section | ||||||
16 | represented by multiple versions), the use of that text does | ||||||
17 | not accelerate or delay the taking effect of (i) the changes | ||||||
18 | made by this Act or (ii) provisions derived from any other | ||||||
19 | Public Act.
|