Bill Text: IL HB2738 | 2017-2018 | 100th General Assembly | Chaptered
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: (Passed) 2017-08-04 - Public Act . . . . . . . . . 100-0030 [HB2738 Detail]
Download: Illinois-2017-HB2738-Chaptered.html
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Public Act 100-0030 | ||||
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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:
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(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
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, bedding, soap and towels and medical | ||
and dental care. | ||
(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.
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 this amendatory Act of the | ||
94th General Assembly 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). | ||
(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. |
(Source: P.A. 99-933, eff. 1-27-17.)
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