HB4741 EnrolledLRB100 18925 SLF 34171 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.
15    (b) (Blank).
16    (c) All institutions and facilities of the Department shall
17provide facilities for every committed person to leave his cell
18for at least one hour each day unless the chief administrative
19officer determines that it would be harmful or dangerous to the
20security or safety of the institution or facility.
21    (d) All institutions and facilities of the Department shall
22provide every committed person with a wholesome and nutritional
23diet at regularly scheduled hours, drinking water, clothing

 

 

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1adequate for the season, bedding, soap and towels and medical
2and dental care.
3    (e) All institutions and facilities of the Department shall
4permit every committed person to send and receive an unlimited
5number of uncensored letters, provided, however, that the
6Director may order that mail be inspected and read for reasons
7of the security, safety or morale of the institution or
8facility.
9    (f) All of the institutions and facilities of the
10Department shall permit every committed person to receive
11in-person visitors and video contact, if available, except in
12case of abuse of the visiting privilege or when the chief
13administrative officer determines that such visiting would be
14harmful or dangerous to the security, safety or morale of the
15institution or facility. Each committed person is entitled to 7
16visits per month. Every committed person may submit a list of
17at least 30 persons to the Department that are authorized to
18visit the committed person. The list shall be kept in an
19electronic format by the Department beginning on August 1,
202019, as well as available in paper form for Department
21employees. The chief administrative officer shall have the
22right to restrict visitation to non-contact visits, video, or
23other forms of non-contact visits for reasons of safety,
24security, and order, including, but not limited to, restricting
25contact visits for committed persons engaged in gang activity.
26No committed person in a super maximum security facility or on

 

 

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1disciplinary segregation is allowed contact visits. Any
2committed person found in possession of illegal drugs or who
3fails a drug test shall not be permitted contact visits for a
4period of at least 6 months. Any committed person involved in
5gang activities or found guilty of assault committed against a
6Department employee shall not be permitted contact visits for a
7period of at least 6 months. The Department shall offer every
8visitor appropriate written information concerning HIV and
9AIDS, including information concerning how to contact the
10Illinois Department of Public Health for counseling
11information. The Department shall develop the written
12materials in consultation with the Department of Public Health.
13The Department shall ensure that all such information and
14materials are culturally sensitive and reflect cultural
15diversity as appropriate. Implementation of the changes made to
16this Section by Public Act 94-629 this amendatory Act of the
1794th General Assembly is subject to appropriation. The
18Department shall seek the lowest possible cost to provide video
19calling and shall charge to the extent of recovering any
20demonstrated costs of providing video calling. The Department
21shall not make a commission or profit from video calling
22services. Nothing in this Section shall be construed to permit
23video calling instead of in-person visitation.
24    (f-5) (Blank).
25    (f-10) The Department may not restrict or limit in-person
26visits to committed persons due to the availability of

 

 

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1interactive video conferences.
2    (f-15)(1) The Department shall issue a standard written
3policy for each institution and facility of the Department that
4provides for:
5        (A) the number of in-person visits each committed
6    person is entitled to per week and per month including the
7    requirements of subsection (f) of this Section;
8        (B) the hours of in-person visits;
9        (C) the type of identification required for visitors at
10    least 18 years of age; and
11        (D) the type of identification, if any, required for
12    visitors under 18 years of age.
13    (2) This policy shall be posted on the Department website
14and at each facility.
15    (3) The Department shall post on its website daily any
16restrictions or denials of visitation for that day and the
17succeeding 5 calendar days, including those based on a lockdown
18of the facility, to inform family members and other visitors.
19    (g) All institutions and facilities of the Department shall
20permit religious ministrations and sacraments to be available
21to every committed person, but attendance at religious services
22shall not be required.
23    (h) Within 90 days after December 31, 1996, the Department
24shall prohibit the use of curtains, cell-coverings, or any
25other matter or object that obstructs or otherwise impairs the
26line of vision into a committed person's cell.

 

 

HB4741 Enrolled- 5 -LRB100 18925 SLF 34171 b

1(Source: P.A. 99-933, eff. 1-27-17; 100-30, eff. 1-1-18;
2100-142, eff. 1-1-18; revised 10-5-17.)