Bill Text: IL HB2738 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Unified Code of Corrections. Provides that all of the institutions and facilities of the Department of Corrections shall permit every committed person to receive in-person visitors, 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. Provides that an institution or facility of the Department may not charge a fee to either a committed person or visitor for video visitation that results in a profit for the Department.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Enrolled) 2017-05-12 - Passed Both Houses [HB2738 Detail]

Download: Illinois-2017-HB2738-Enrolled.html



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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. The chief administrative officer
16shall have the right to restrict visitation to non-contact
17visits, video, or other forms of non-contact visits for reasons
18of safety, security, and order, including, but not limited to,
19restricting contact visits for committed persons engaged in
20gang activity. No committed person in a super maximum security
21facility or on disciplinary segregation is allowed contact
22visits. Any committed person found in possession of illegal
23drugs or who fails a drug test shall not be permitted contact
24visits for a period of at least 6 months. Any committed person
25involved in gang activities or found guilty of assault
26committed against a Department employee shall not be permitted

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1contact visits for a period of at least 6 months. The
2Department shall offer every visitor appropriate written
3information concerning HIV and AIDS, including information
4concerning how to contact the Illinois Department of Public
5Health for counseling information. The Department shall
6develop the written materials in consultation with the
7Department of Public Health. The Department shall ensure that
8all such information and materials are culturally sensitive and
9reflect cultural diversity as appropriate. Implementation of
10the changes made to this Section by this amendatory Act of the
1194th General Assembly is subject to appropriation. The
12Department shall seek the lowest possible cost to provide video
13calling and shall charge to the extent of recovering any
14demonstrated costs of providing video calling. The Department
15shall not make a commission or profit from video calling
16services. Nothing in this Section shall be construed to permit
17video calling instead of in-person visitation.
18 (f-5) (Blank).
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.

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1(Source: P.A. 99-933, eff. 1-27-17.)
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