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| Public Act 102-1111 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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
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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
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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
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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
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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
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and at each facility. | ||
(3) The Department shall post on its website daily any
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restrictions or denials of visitation for that day and the
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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.)
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