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90_HB0547
New Act
55 ILCS 5/3-15003 from Ch. 34, par. 3-15003
730 ILCS 5/3-4-3 from Ch. 38, par. 1003-4-3
730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
730 ILCS 125/18.5 new
Creates the Law Enforcement, Crime Victim, and
Corrections Officer Protection Act. Prohibits prisoners from
having access to or use of barbells, weight machine equipment
that provides weight training resistance, exercise devices
designed to increase muscle mass or strength, boxing,
wrestling, and martial arts programs. Amends the Unified
Code of Corrections. Provides that the funds of prisoners
separated from the Department of Corrections and unclaimed
for a period of one year thereafter shall be transmitted to
the State Treasurer for deposit into the General Revenue Fund
(rather than the benefit of prisoners). Provides that
profits on sales from commissary stores, vending machines,
and amusement devices under the control of the Department
shall be expended by the Department for the benefit of
employees and for employee travel reimbursement (present law
permits these profits to be expended for special benefit of
inmates). Provides that if prisoners use audio-visual
equipment they shall pay a monthly fee to the Department to
cover the cost of electricity and installation of the
equipment. Provides that an inmate who has sufficient funds
shall not be entitled to postage paid by the State. Provides
that the Department shall procure for a released prisoner a
nontransferable ticket on a railroad or bus serving at or
near the place of release. Amends the Counties Code and the
County Jail Act. Provides that the warden of the jail and
the County Department of Corrections shall enforce the Law
Enforcement, Crime Victim, and Corrections Officer Protection
Act. Effective immediately.
LRB9002713RCks
LRB9002713RCks
1 AN ACT in relation to corrections, and amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Law Enforcement, Crime Victim, and Corrections Officer
7 Protection Act.
8 Section 5. Prohibited equipment. No person, who is
9 incarcerated by a court of law, and is being detained in a
10 prison, correctional facility, jail, temporary holding
11 center, prerelease center, or halfway house, shall have
12 access to, or use of, any of the following types of equipment
13 regardless of the reason for his or her sentence:
14 (a) Free weight equipment, commonly known as "barbells"
15 or "dumbbells".
16 (b) Weight machine equipment that utilizes weight,
17 plates, tension bands, or any similar device that provides
18 weight training resistance.
19 (c) Any exercise device or equipment designed to
20 increase muscle mass or strength, or both.
21 (d) Any other device deemed by correctional facility
22 personnel that would allow an inmate to increase his or her
23 physical strength, and physical risk, to corrections
24 personnel, or upon his or her release, police officers or
25 potential crime victims.
26 Section 10. Prohibited programs. No person, who is
27 incarcerated by a court of law, and is being detained in a
28 prison, correctional facility, jail, temporary holding
29 center, prerelease center or halfway house, shall have access
30 to, or use of, any of the following programs, whether the
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1 programs are supported by State, federal, or local funds, or
2 provided by incarcerated volunteers or employees or outside
3 donations or volunteers:
4 (a) Boxing.
5 (b) Wrestling.
6 (c) Karate, Judo, or Martial Arts of any form.
7 (d) Any other program deemed by correctional facility
8 personnel that would allow an inmate to increase his or her
9 physical strength, or fighting skills, or both, and physical
10 risk, to corrections personnel, or upon his or her release,
11 police officers or potential crime victims.
12 Section 15. Permitted activities. Nothing in this Act
13 shall be construed to prohibit an inmate from engaging in
14 physical activities such as basketball, jogging, stationary
15 exercise bicycles, calisthenics supervised by corrections
16 staff and forms of exercise that do not allow an inmate to
17 increase his or her physical strength, or fighting skills, or
18 both, and physical risk, to corrections personnel, or upon
19 his or her release, police officers or potential crime
20 victims.
21 Section 20. Any facility that permits those activities
22 shall remove and suspend all equipment and prohibited
23 training programs immediately upon the effective date of this
24 Act.
25 Section 105. The Counties Code is amended by changing
26 Section 3-15003 as follows:
27 (55 ILCS 5/3-15003) (from Ch. 34, par. 3-15003)
28 Sec. 3-15003. Powers and duties. Under the direction of
29 the Sheriff the Department shall have the powers and duties
30 enumerated as follows:
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1 (a) To operate and have jurisdiction over the county
2 jail, municipal houses of correction within the county and
3 any other penal, corrections or prisoner diagnostic center
4 facility operated by either the county jail or municipal
5 houses of correction.
6 (b) To have charge of all prisoners held in any
7 institution, center or other facility in the county over
8 which it has jurisdiction under subsection (a) of this
9 Section, whether they are misdemeanants, felons, persons held
10 for trial, persons held in protective custody, persons held
11 for transfer to other detention facilities or persons held
12 for non-payment of fines, for violations of ordinances or any
13 other quasi-criminal charges. Nothing in this Division
14 applies to minors subject to proceedings under the Juvenile
15 Court Act of 1987. It may transfer or recommit any prisoner
16 from one institution, center or other such facility to any
17 other institution, center or other facility whenever it
18 determines that such transfer or recommitment would promote
19 the welfare or rehabilitation of the prisoner, or that such
20 transfer or recommitment is necessary to relieve
21 overcrowding.
22 (c) To establish diagnostic, classification and
23 rehabilitation services and programs at the county jail and
24 such other facilities over which it has jurisdiction under
25 subsection (a) of this Section as may be appropriate.
26 (d) To establish, whenever feasible, separate detention
27 and commitment facilities and utilize the facilities over
28 which it has jurisdiction under subsection (a) of this
29 Section in a manner which provides separate detention and
30 commitment facilities.
31 (e) To enforce the Law Enforcement, Crime Victim, and
32 Corrections Officer Protection Act.
33 (Source: P.A. 86-962.)
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1 Section 110. The Unified Code of Corrections is amended
2 by changing Sections 3-4-3, 3-7-2, and 3-14-1 as follows:
3 (730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3)
4 Sec. 3-4-3. Funds and Property of Persons Committed.
5 (a) The Department shall establish accounting records
6 with accounts for each person who has or receives money while
7 in an institution or facility of the Department and it shall
8 allow the withdrawal and disbursement of money by the person
9 under rules and regulations of the Department. Any interest
10 or other income from moneys deposited with the Department by
11 a resident of the Juvenile Division in excess of $200 shall
12 accrue to the individual's account, or in balances up to $200
13 shall accrue to the Residents' Benefit Fund. For an
14 individual in an institution or facility of the Adult
15 Division the interest shall accrue to the Residents' Benefit
16 Fund. The Department shall disburse all moneys so held no
17 later than the person's final discharge from the Department.
18 The Department shall under rules and regulations record and
19 receipt all personal property not allowed to committed
20 persons. The Department shall return such property to the
21 individual no later than the person's release on parole.
22 (b) Any money held in accounts of committed persons
23 separated from the Department by death, discharge, or
24 unauthorized absence and unclaimed for a period of 1 year
25 thereafter by the person or his legal representative shall be
26 transmitted to the State Treasurer who shall deposit it into
27 the General Revenue Fund. Articles of personal property of
28 persons so separated may be sold or used by the Department if
29 unclaimed for a period of 1 year for the same purpose.
30 Clothing, if unclaimed within 30 days, may be used or
31 disposed of as determined by the Department.
32 (c) Profits on sales from commissary stores, vending
33 machines, and amusement devices under the contract or
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1 jurisdiction of the Department shall be expended by the
2 Department for the special benefit of committed persons which
3 shall include but not be limited to the advancement of inmate
4 payrolls, for the special benefit of employees, and for the
5 advancement or reimbursement of employee travel, provided
6 that amounts expended for employees shall not exceed the
7 amount of profits derived from sales made to employees by
8 such commissaries, as determined by the Department.
9 (d) The Department shall confiscate any unauthorized
10 currency found in the possession of a committed person. The
11 Department shall transmit the confiscated currency to the
12 State Treasurer who shall deposit it into the General Revenue
13 Fund.
14 (Source: P.A. 89-689, eff. 12-31-96.)
15 (730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
16 (Text of Section before amendment by P.A. 89-688)
17 Sec. 3-7-2. Facilities.
18 (a) All institutions and facilities of the Department
19 shall provide every committed person with access to toilet
20 facilities, barber facilities, bathing facilities at least
21 once each week, a library of legal materials and published
22 materials including newspapers and magazines approved by the
23 Director. A committed person may not receive any materials
24 that the Director deems pornographic.
25 (b) (1) All institutions and facilities of the
26 Department shall provide every committed person access to a
27 radio or television system unless the chief administrative
28 officer determines that such access is to be denied for
29 disciplinary reasons.
30 (2) The permissible use of audio-visual equipment
31 by a committed person, as determined by the Department,
32 is subject to the following restrictions:
33 A committed person shall be required to pay a
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1 monthly fee to the Department to cover the cost of
2 electricity and any installation costs incurred by the
3 committed person's use of the audio-visual equipment.
4 The monthly fee shall be an amount determined by the
5 Department.
6 In this paragraph (2), "audio-visual equipment"
7 means the following electrical devices:
8 (i) calculator;
9 (ii) cassette player (without recorder);
10 (iii) combination record tape player;
11 (iv) electric adapter;
12 (v) electric extension cord;
13 (vi) portable radio;
14 (vii) radio (AM/FM);
15 (viii) record player;
16 (ix) stereo tape player;
17 (x) television set;
18 (xi) 3-way electric plug;
19 (xii) 8-track player;
20 (xiii) compact disc player.
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
26 facility.
27 (d) All institutions and facilities of the Department
28 shall provide every committed person with a wholesome and
29 nutritional diet at regularly scheduled hours, drinking
30 water, clothing adequate for the season, bedding, soap and
31 towels and medical and dental care.
32 (e) All institutions and facilities of the Department
33 shall permit every committed person to send and receive an
34 unlimited number of uncensored letters, provided, however,
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1 that the Director may order that mail be inspected and read
2 for reasons of the security, safety or morale of the
3 institution or facility. A committed person shall not be
4 entitled to mail any letter or other item at State expense,
5 if the committed person has sufficient funds in his or her
6 trust fund account to cover the costs of postage.
7 (f) All of the institutions and facilities of the
8 Department shall permit every committed person to receive
9 visitors, except in case of abuse of the visiting privilege
10 or when the chief administrative officer determines that such
11 visiting would be harmful or dangerous to the security,
12 safety or morale of the institution or facility. Clergy,
13 religious chaplain and attorney visiting privileges shall be
14 as broad as the security of the institution or facility will
15 allow.
16 (g) All institutions and facilities of the Department
17 shall permit religious ministrations and sacraments to be
18 available to every committed person, but attendance at
19 religious services shall not be required.
20 (h) Within 90 days after December 31, 1996 the effective
21 date of this amendatory Act of 1996, the Department shall
22 prohibit the use of curtains, cell-coverings, or any other
23 matter or object that obstructs or otherwise impairs the line
24 of vision into a committed person's cell.
25 (i) The Department shall enforce the Law Enforcement,
26 Crime Victim, and Corrections Officer Protection Act.
27 (Source: P.A. 89-609, eff. 1-1-97; 89-659, eff. 1-1-97;
28 89-689, eff. 12-31-96; revised 1-20-97.)
29 (Text of Section after amendment by P.A. 89-688)
30 Sec. 3-7-2. Facilities.
31 (a) All institutions and facilities of the Department
32 shall provide every committed person with access to toilet
33 facilities, barber facilities, bathing facilities at least
34 once each week, a library of legal materials and published
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1 materials including newspapers and magazines approved by the
2 Director. A committed person may not receive any materials
3 that the Director deems pornographic.
4 (b) (Blank).
5 (b-5) The permissible use of audio-visual equipment by a
6 committed person, as determined by the Department, is subject
7 to the following restrictions:
8 A committed person shall be required to pay a monthly fee
9 to the Department to cover the cost of electricity and any
10 installation costs incurred by the committed person's use of
11 the audio-visual equipment. The monthly fee shall be an
12 amount determined by the Department.
13 In this subsection (b-5), "audio-visual equipment" means
14 the following electrical devices:
15 (i) calculator;
16 (ii) cassette player (without recorder);
17 (iii) combination record tape player;
18 (iv) electric adapter;
19 (v) electric extension cord;
20 (vi) portable radio;
21 (vii) radio (AM/FM);
22 (viii) record player;
23 (ix) stereo tape player;
24 (x) television set;
25 (xi) 3-way electric plug;
26 (xii) 8-track player;
27 (xiii) compact disc player.
28 (c) All institutions and facilities of the Department
29 shall provide facilities for every committed person to leave
30 his cell for at least one hour each day unless the chief
31 administrative officer determines that it would be harmful or
32 dangerous to the security or safety of the institution or
33 facility.
34 (d) All institutions and facilities of the Department
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1 shall provide every committed person with a wholesome and
2 nutritional diet at regularly scheduled hours, drinking
3 water, clothing adequate for the season, bedding, soap and
4 towels and medical and dental care.
5 (e) All institutions and facilities of the Department
6 shall permit every committed person to send and receive an
7 unlimited number of uncensored letters, provided, however,
8 that the Director may order that mail be inspected and read
9 for reasons of the security, safety or morale of the
10 institution or facility. A committed person shall not be
11 entitled to mail any letter or other item at State expense,
12 if the committed person has sufficient funds in his or her
13 trust fund account to cover the cost of postage.
14 (f) All of the institutions and facilities of the
15 Department shall permit every committed person to receive
16 visitors, except in case of abuse of the visiting privilege
17 or when the chief administrative officer determines that such
18 visiting would be harmful or dangerous to the security,
19 safety or morale of the institution or facility. The chief
20 administrative officer shall have the right to restrict
21 visitation to non-contact visits for reasons of safety,
22 security, and order, including, but not limited to,
23 restricting contact visits for committed persons engaged in
24 gang activity.
25 (g) All institutions and facilities of the Department
26 shall permit religious ministrations and sacraments to be
27 available to every committed person, but attendance at
28 religious services shall not be required.
29 (h) Within 90 days after December 31, 1996 the effective
30 date of this amendatory Act of 1996, the Department shall
31 prohibit the use of curtains, cell-coverings, or any other
32 matter or object that obstructs or otherwise impairs the line
33 of vision into a committed person's cell.
34 (i) The Department shall enforce the Law Enforcement,
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1 Crime Victim, and Corrections Officer Protection Act.
2 (Source: P.A. 89-609, eff. 1-1-97; 89-659, eff. 1-1-97;
3 89-688, eff. 6-1-97; 89-689, eff. 12-31-96; revised 1-20-97.)
4 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
5 Sec. 3-14-1. Release from the Institution.
6 (a) Upon release of a person on parole, mandatory
7 release, final discharge or pardon the Department shall
8 return all property held for him, provide him with suitable
9 clothing and procure a nontransferable ticket on a railroad
10 or bus serving at or near the place of release. If the
11 ticket is not used by the person within 24 hours after the
12 date of discharge, unless prevented by illness, the ticket
13 shall be void. necessary transportation for him to his
14 designated place of residence and employment. It may provide
15 such person with a grant of money for travel and expenses
16 which may be paid in installments. The amount of the money
17 grant shall be determined by the Department.
18 The Department of Corrections may establish and maintain,
19 in any institution it administers, revolving funds to be
20 known as "Travel and Allowances Revolving Funds". These
21 revolving funds shall be used for advancing travel and
22 expense allowances to committed, paroled, and discharged
23 prisoners. The moneys paid into such revolving funds shall
24 be from appropriations to the Department for Committed,
25 Paroled, and Discharged Prisoners.
26 (b) (Blank).
27 (c) Except as otherwise provided in this Code, the
28 Department shall establish procedures to provide written
29 notification of any release of any person who has been
30 convicted of a felony to the State's Attorney and sheriff of
31 the county from which the offender was committed, and the
32 State's Attorney and sheriff of the county into which the
33 offender is to be paroled or released. Except as otherwise
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1 provided in this Code, the Department shall establish
2 procedures to provide written notification to the proper law
3 enforcement agency for any municipality of any release of any
4 person who has been convicted of a felony if the arrest of
5 the offender or the commission of the offense took place in
6 the municipality, if the offender is to be paroled or
7 released into the municipality, or if the offender resided in
8 the municipality at the time of the commission of the
9 offense. The written notification shall, when possible, be
10 given at least 14 days before release of the person from
11 custody, or as soon thereafter as possible.
12 (c-1) (Blank).
13 (d) Upon the release of a committed person on parole,
14 mandatory supervised release, final discharge or pardon, the
15 Department shall provide such person with information
16 concerning programs and services of the Illinois Department
17 of Public Health to ascertain whether such person has been
18 exposed to the human immunodeficiency virus (HIV) or any
19 identified causative agent of Acquired Immunodeficiency
20 Syndrome (AIDS).
21 (Source: P.A. 88-677, eff. 12-15-94; 88-680, eff. 1-1-95;
22 89-8, eff. 3-21-95; 89-131, eff. 7-14-95; 89-235, eff.
23 8-4-95; 89-626, eff. 8-9-96.)
24 Section 115. The County Jail Act is amended by adding
25 Section 18.5 as follows:
26 (730 ILCS 125/18.5 new)
27 Sec. 18.5. Enforcement of the Law Enforcement, Crime
28 Victim, and Corrections Officer Protection Act. The warden
29 of the jail shall enforce the Law Enforcement, Crime Victim,
30 and Corrections Officer Protection Act.
31 Section 195. No acceleration or delay. Where this Act
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1 makes changes in a statute that is represented in this Act by
2 text that is not yet or no longer in effect (for example, a
3 Section represented by multiple versions), the use of that
4 text does not accelerate or delay the taking effect of (i)
5 the changes made by this Act or (ii) provisions derived from
6 any other Public Act.
7 Section 999. Effective date. This Act takes effect upon
8 becoming law.