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Public Act 100-0030


 

Public Act 0030 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0030
 
HB2738 EnrolledLRB100 10534 RLC 20750 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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 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
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
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.)

Effective Date: 1/1/2018