HB3055 EnrolledLRB103 29934 RLC 56349 b

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 1. Short title. This Act may be cited as the Faith
5Behind Bars Act.
 
6    Section 5. Findings and declaration of policy.
7    (a) The General Assembly hereby finds, determines, and
8declares the following that:
9        (1) Chaplains play a key role in helping persons
10    committed to correctional institutions and facilities
11    transform their understanding of responsibility, choices,
12    and possibilities and that behavior only changes when
13    hearts change.
14        (2) Without a spiritual-based transformation there is
15    little hope for sincere, lasting change in any of us.
16    Without a faith-based after-care living situation an
17    ex-offender has little chance of succeeding on the street.
18        (3) That the chaplain's personal contact is crucial. A
19    chaplain ministers through relationship. Being accepting,
20    nonjudgmental, and working toward self-esteem issues is
21    important.
22        (4) According to a Pew Research Center 2012 Study,
23    Religion in Prisons, 50 state survey of Prison Chaplains,

 

 

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1    about 71% of chaplains identify as Protestants, 13% as
2    Catholics, 7% as Muslims, and the remainder identify with
3    other religions, including Judaism and Native American
4    spirituality. A plurality of the chaplains 44% consider
5    their faith to be part of the evangelical Protestant
6    tradition while 15% come from a mainline Protestant
7    tradition and 7% are from a historically black Protestant
8    tradition.
9        (5) A Pew Forum survey ranked the top 3 activities of
10    chaplains that are most important, personally leading
11    worship services, religious instruction sessions, or
12    spiritual counseling sessions. About 75% of the chaplains
13    surveyed consider this to be among their most important
14    functions, including 57% who ranked it as their number one
15    priority.
16        (6) The Pew Forum survey found that most prison
17    chaplains say there are too few religious volunteers to
18    meet the needs of all inmates. About 69% of prison
19    chaplains surveyed say there are some religious groups for
20    which there are too few volunteers in the prisons where
21    they work.
22        (7) A 2020 Audit of federal prisons found that the
23    Federal Bureau of Prisons chaplaincy services departments
24    are not staffed according to the Federal Bureau of Prisons
25    guidelines at many institutions. The Federal Bureau of
26    Prisons current policy states that, at a minimum, each

 

 

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1    chaplaincy services department should be staffed with at
2    least one chaplain and one religious services assistant.
3    This standard translates to a minimum need for 122
4    chaplains and 122 religious services assistants throughout
5    the Federal Bureau of Prisons. However, as of March 2020,
6    nearly half of the Federal Bureau of Prisons institutions
7    had no religious services assistant, 3 institutions had no
8    chaplain at all, 21 institutions employed a single
9    chaplain, and 2 institutions had only recently filled
10    their only chaplain position after long vacancies. In
11    addition to the minimum staffing level, Federal Bureau of
12    Prisons guidelines also suggest that institutions
13    supplement the minimum requirement with additional
14    chaplains based on inmate population (one chaplain per 500
15    inmates) and specific characteristics of the institution,
16    such as being a major medical center, having 2 or more
17    satellite facilities, or the inclusion of a special unit,
18    each of which should have one additional chaplain.
19    Therefore, the Federal Bureau of Prisons' chaplaincy
20    services staffing and supplemental guidelines suggest that
21    a fully staffed chaplaincy would include 357 chaplains and
22    122 religious services assistants. As of March 2020, the
23    Federal Bureau of Prisons' chaplaincy staff included only
24    236 chaplains and 64 religious services assistants, which
25    is approximately 30% below what the Federal Bureau of
26    Prisons' guidelines consider to be a fully staffed

 

 

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1    chaplaincy for the inmate population. The 2020 audit of
2    federal prisons reports that some Federal Bureau of
3    Prisons institutions were without any chaplaincy staff.
4    During the audit, there was a peak of at least 3
5    institutions that were without a chaplain. The audit found
6    that critical tasks may not be accomplished, including
7    purchasing and reviewing library materials and conducting
8    certain faith-based programming.
9    (b) It is the intent of the General Assembly to rectify in
10this State the deficiencies that occur in prison ministries of
11other states and the federal prison system by enacting the
12Faith Behind Bars Act.
 
13    Section 10. Definitions.
14    (a) In this Act:
15    "Chaplain" means a cleric, such as a minister, priest,
16pastor, rabbi, or imam, or a lay representative of a religious
17tradition, attached to a correctional institution or facility.
18    "Chaplaincy" means the general activity performed by a
19chaplain, which may include crisis ministry, counseling,
20sacraments, worship, education, help in ethical
21decision-making, staff support, clergy contact, and community
22or church coordination.
23    "Chaplaincy services" means services offered by a chaplain
24or lay person.
25    "Committed person" has the meaning ascribed to it in

 

 

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1Section 1-2 of the Unified Code of Corrections.
2    "Correctional institution or facility" has the meaning
3ascribed to it in Section 1-2 of the Unified Code of
4Corrections.
5    "Undue burden" means significant difficulty, expense, or
6detriment to the safety and security of the facility.
 
7    Section 15. Right to practice faith in a correctional
8institution or facility.
9    (a) A committed person has a right to practice his or her
10faith in a correctional institution or facility absent harm or
11without undue burden to the State's correctional system.
12    (b) A committed person belonging to a faith group in a
13correctional institution or facility shall have access to
14pastoral and spiritual care absent harm or without undue
15burden to the State's correctional system.
16    (c) Absent harm or undue burden, a correctional
17institution or facility shall provide reading materials for
18diverse faith groups, including, but not limited to,
19spiritual, religious texts, prayer manuals, prayer mats, and
20other requested material from committed persons.
21    (d) All correctional institutions and facilities in this
22State shall provide committed persons the ability to pray by
23facilitating time and clean location, fast by allowing a
24committed person to abstain from food when appropriate, and
25respect for dietary restrictions absent harm or without undue

 

 

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1burden to the State's correctional system.
2    (e) All correctional institutions and facilities in this
3State shall hold a training seminar administered by chaplains
4of the leading faith groups representing the State's
5correctional institutions and facilities population every 5
6years for wardens and chief administrative officers of
7correctional institutions and facilities to familiarize
8themselves with the foundations of each faith group.
9    (f) All correctional institutions and facilities in this
10State shall maintain a chaplain database of chaplains
11representing the percentage of the correctional institutions
12and facilities populations' various faith groups.
13    (g) All correctional institutions and facilities in this
14State shall provide access to chaplains in the State's
15correctional system as requested by a committed person
16belonging to a specific faith group cross-referenced by the
17correctional institutions and facilities chaplain database.
18    (h) All correctional institutions and facilities in this
19State shall not bar chaplains from access to committed persons
20absent evidence of potential harm or threat to the security of
21the State's correctional system.
22    (i) All correctional institutions and facilities in this
23State shall grant requests of religious observance gatherings,
24including, but not limited to, mass, weekly congregations,
25sermons, and pastoral meetings absent harm or undue burden to
26the State's correctional system.

 

 

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1    (j) In determining whether an action would result in an
2undue burden under this Section, factors to be considered by
3the warden or chief administrative officer of the correctional
4institution or facility include:
5        (1) the nature and cost of the action needed under
6    this Section;
7        (2) the overall financial resources of the
8    correctional institution or facility involved in the
9    action;
10        (3) the number of persons employed at the correctional
11    institution or facility;
12        (4) the effect on expenses and resources of the
13    correctional institution or facility; and
14        (5) legitimate safety and security requirements that
15    are necessary for safe operation of the correctional
16    institution or facility, including crime prevention
17    measures.
 
18    Section 90. The Unified Code of Corrections is amended by
19changing Section 3-7-2 as follows:
 
20    (730 ILCS 5/3-7-2)  (from Ch. 38, par. 1003-7-2)
21    (Text of Section before amendment by P.A. 102-1111)
22    Sec. 3-7-2. Facilities.
23    (a) All institutions and facilities of the Department
24shall provide every committed person with access to toilet

 

 

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1facilities, barber facilities, bathing facilities at least
2once each week, a library of legal materials and published
3materials including newspapers and magazines approved by the
4Director. A committed person may not receive any materials
5that the Director deems pornographic.
6    (b) (Blank).
7    (c) All institutions and facilities of the Department
8shall provide facilities for every committed person to leave
9his cell for at least one hour each day unless the chief
10administrative officer determines that it would be harmful or
11dangerous to the security or safety of the institution or
12facility.
13    (d) All institutions and facilities of the Department
14shall provide every committed person with a wholesome and
15nutritional diet at regularly scheduled hours, drinking water,
16clothing adequate for the season, bedding, soap and towels and
17medical and dental care.
18    (e) All institutions and facilities of the Department
19shall permit every committed person to send and receive an
20unlimited number of uncensored letters, provided, however,
21that the Director may order that mail be inspected and read for
22reasons of the security, safety or morale of the institution
23or facility.
24    (f) All of the institutions and facilities of the
25Department shall permit every committed person to receive
26in-person visitors and video contact, if available, except in

 

 

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1case of abuse of the visiting privilege or when the chief
2administrative officer determines that such visiting would be
3harmful or dangerous to the security, safety or morale of the
4institution or facility. Each committed person is entitled to
57 visits per month. Every committed person may submit a list of
6at least 30 persons to the Department that are authorized to
7visit the committed person. The list shall be kept in an
8electronic format by the Department beginning on August 1,
92019, as well as available in paper form for Department
10employees. The chief administrative officer shall have the
11right to restrict visitation to non-contact visits, video, or
12other forms of non-contact visits for reasons of safety,
13security, and order, including, but not limited to,
14restricting contact visits for committed persons engaged in
15gang activity. No committed person in a super maximum security
16facility or on disciplinary segregation is allowed contact
17visits. Any committed person found in possession of illegal
18drugs or who fails a drug test shall not be permitted contact
19visits for a period of at least 6 months. Any committed person
20involved in gang activities or found guilty of assault
21committed against a Department employee shall not be permitted
22contact visits for a period of at least 6 months. The
23Department shall offer every visitor appropriate written
24information concerning HIV and AIDS, including information
25concerning how to contact the Illinois Department of Public
26Health for counseling information. The Department shall

 

 

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1develop the written materials in consultation with the
2Department of Public Health. The Department shall ensure that
3all such information and materials are culturally sensitive
4and reflect cultural diversity as appropriate. Implementation
5of the changes made to this Section by Public Act 94-629 is
6subject to appropriation. The Department shall seek the lowest
7possible cost to provide video calling and shall charge to the
8extent of recovering any demonstrated costs of providing video
9calling. The Department shall not make a commission or profit
10from video calling services. Nothing in this Section shall be
11construed to permit video calling instead of in-person
12visitation.
13    (f-5) (Blank).
14    (f-10) The Department may not restrict or limit in-person
15visits to committed persons due to the availability of
16interactive video conferences.
17    (f-15)(1) The Department shall issue a standard written
18policy for each institution and facility of the Department
19that provides for:
20        (A) the number of in-person visits each committed
21    person is entitled to per week and per month including the
22    requirements of subsection (f) of this Section;
23        (B) the hours of in-person visits;
24        (C) the type of identification required for visitors
25    at least 18 years of age; and
26        (D) the type of identification, if any, required for

 

 

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1    visitors under 18 years of age.
2    (2) This policy shall be posted on the Department website
3and at each facility.
4    (3) The Department shall post on its website daily any
5restrictions or denials of visitation for that day and the
6succeeding 5 calendar days, including those based on a
7lockdown of the facility, to inform family members and other
8visitors.
9    (g) All institutions and facilities of the Department
10shall permit religious ministrations and sacraments to be
11available to every committed person, but attendance at
12religious services shall not be required.
13    (h) Within 90 days after December 31, 1996, the Department
14shall prohibit the use of curtains, cell-coverings, or any
15other matter or object that obstructs or otherwise impairs the
16line of vision into a committed person's cell.
17    (i) A point of contact person appointed under subsection
18(u-6) of Section 3-2-2 of this Code shall promptly and
19efficiently review suggestions, complaints, and other requests
20made by visitors to institutions and facilities of the
21Department and by other members of the public. Based on the
22nature of the submission, the point of contact person shall
23communicate with the appropriate division of the Department,
24disseminate the concern or complaint, and act as liaison
25between the parties to reach a resolution.
26        (1) The point of contact person shall maintain

 

 

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1    information about the subject matter of each
2    correspondence, including, but not limited to, information
3    about the following subjects:
4            (A) the parties making the submission;
5            (B) any commissary-related concerns;
6            (C) any concerns about the institution or
7        facility's COVID protocols and mitigations;
8            (D) any concerns about mail, video, or electronic
9        messages or other communications with incarcerated
10        persons;
11            (E) any concerns about the institution or
12        facility;
13            (F) any discipline-related concerns;
14            (G) any concerns about earned sentencing credits;
15            (H) any concerns about educational opportunities
16        for incarcerated persons;
17            (I) any concerns about health-related matters;
18            (J) any mental health concerns;
19            (K) any concerns about personal property;
20            (L) any concerns about the records of the
21        incarcerated person;
22            (M) any concerns about recreational opportunities
23        for incarcerated persons;
24            (N) any staffing-related concerns;
25            (O) any concerns about the transfer of individuals
26        in custody;

 

 

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1            (P) any concerns about visitation; and
2            (Q) any concerns about work opportunities for
3        incarcerated persons.
4        The information shall be maintained in accordance with
5    standards set by the Department of Corrections, and shall
6    be made available to the Department's Planning and
7    Research Division. The point of contact person shall
8    provide a summary of the results of the review, including
9    any resolution or recommendations made as a result of
10    correspondence with the Planning and Research Division of
11    the Department.
12        (2) The Department shall provide an annual written
13    report to the General Assembly and the Governor, with the
14    first report due no later than January 1, 2023, and
15    publish the report on its website within 48 hours after
16    the report is transmitted to the Governor and the General
17    Assembly. The report shall include a summary of activities
18    undertaken and completed as a result of submissions to the
19    point of contact person. The Department of Corrections
20    shall collect and report the following aggregated and
21    disaggregated data for each institution and facility and
22    describe:
23            (A) the work of the point of contact person;
24            (B) the general nature of suggestions, complaints,
25        and other requests submitted to the point of contact
26        person;

 

 

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1            (C) the volume of emails, calls, letters, and
2        other correspondence received by the point of contact
3        person;
4            (D) the resolutions reached or recommendations
5        made as a result of the point of contact person's
6        review;
7            (E) whether, if an investigation is recommended, a
8        report of the complaint was forwarded to the Chief
9        Inspector of the Department or other Department
10        employee, and the resolution of the complaint, and if
11        the investigation has not concluded, a detailed status
12        report on the complaint; and
13            (F) any recommendations that the point of contact
14        person has relating to systemic issues in the
15        Department of Corrections, and any other matters for
16        consideration by the General Assembly and the
17        Governor.
18        The name, address, or other personally identifiable
19    information of a person who files a complaint, suggestion,
20    or other request with the point of contact person, and
21    confidential records shall be redacted from the annual
22    report and are not subject to disclosure under the Freedom
23    of Information Act. The Department shall disclose the
24    records only if required by a court order on a showing of
25    good cause.
26        (3) The Department must post in a conspicuous place in

 

 

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1    the waiting area of every facility or institution a sign
2    that contains in bold, black type the following:
3            (A) a short statement notifying visitors of the
4        point of contact person and that person's duty to
5        receive suggestions, complaints, or other requests;
6        and
7            (B) information on how to submit suggestions,
8        complaints, or other requests to the point of contact
9        person.
10(Source: P.A. 102-1082, eff. 6-10-22.)
 
11    (Text of Section after amendment by P.A. 102-1111)
12    Sec. 3-7-2. Facilities.
13    (a) All institutions and facilities of the Department
14shall provide every committed person with access to toilet
15facilities, barber facilities, bathing facilities at least
16once each week, a library of legal materials and published
17materials including newspapers and magazines approved by the
18Director. A committed person may not receive any materials
19that the Director deems pornographic.
20    (b) (Blank).
21    (c) All institutions and facilities of the Department
22shall provide facilities for every committed person to leave
23his cell for at least one hour each day unless the chief
24administrative officer determines that it would be harmful or
25dangerous to the security or safety of the institution or

 

 

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1facility.
2    (d) All institutions and facilities of the Department
3shall provide every committed person with a wholesome and
4nutritional diet at regularly scheduled hours, drinking water,
5clothing adequate for the season, including underwear,
6bedding, soap and towels and medical and dental care.
7Underwear provided to each committed person in all
8institutions and facilities of the Department shall be free of
9charge and shall be provided at any time upon request,
10including multiple requests, of the committed person or as
11needed by the committed person.
12    (e) All institutions and facilities of the Department
13shall permit every committed person to send and receive an
14unlimited number of uncensored letters, provided, however,
15that the Director may order that mail be inspected and read for
16reasons of the security, safety or morale of the institution
17or facility.
18    (f) All of the institutions and facilities of the
19Department shall permit every committed person to receive
20in-person visitors and video contact, if available, except in
21case of abuse of the visiting privilege or when the chief
22administrative officer determines that such visiting would be
23harmful or dangerous to the security, safety or morale of the
24institution or facility. Each committed person is entitled to
257 visits per month. Every committed person may submit a list of
26at least 30 persons to the Department that are authorized to

 

 

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1visit the committed person. The list shall be kept in an
2electronic format by the Department beginning on August 1,
32019, as well as available in paper form for Department
4employees. The chief administrative officer shall have the
5right to restrict visitation to non-contact visits, video, or
6other forms of non-contact visits for reasons of safety,
7security, and order, including, but not limited to,
8restricting contact visits for committed persons engaged in
9gang activity. No committed person in a super maximum security
10facility or on disciplinary segregation is allowed contact
11visits. Any committed person found in possession of illegal
12drugs or who fails a drug test shall not be permitted contact
13visits for a period of at least 6 months. Any committed person
14involved in gang activities or found guilty of assault
15committed against a Department employee shall not be permitted
16contact visits for a period of at least 6 months. The
17Department shall offer every visitor appropriate written
18information concerning HIV and AIDS, including information
19concerning how to contact the Illinois Department of Public
20Health for counseling information. The Department shall
21develop the written materials in consultation with the
22Department of Public Health. The Department shall ensure that
23all such information and materials are culturally sensitive
24and reflect cultural diversity as appropriate. Implementation
25of the changes made to this Section by Public Act 94-629 is
26subject to appropriation. The Department shall seek the lowest

 

 

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1possible cost to provide video calling and shall charge to the
2extent of recovering any demonstrated costs of providing video
3calling. The Department shall not make a commission or profit
4from video calling services. Nothing in this Section shall be
5construed to permit video calling instead of in-person
6visitation.
7    (f-5) (Blank).
8    (f-10) The Department may not restrict or limit in-person
9visits to committed persons due to the availability of
10interactive video conferences.
11    (f-15)(1) The Department shall issue a standard written
12policy for each institution and facility of the Department
13that provides for:
14        (A) the number of in-person visits each committed
15    person is entitled to per week and per month including the
16    requirements of subsection (f) of this Section;
17        (B) the hours of in-person visits;
18        (C) the type of identification required for visitors
19    at least 18 years of age; and
20        (D) the type of identification, if any, required for
21    visitors under 18 years of age.
22    (2) This policy shall be posted on the Department website
23and at each facility.
24    (3) The Department shall post on its website daily any
25restrictions or denials of visitation for that day and the
26succeeding 5 calendar days, including those based on a

 

 

HB3055 Enrolled- 19 -LRB103 29934 RLC 56349 b

1lockdown of the facility, to inform family members and other
2visitors.
3    (g) All institutions and facilities of the Department
4shall permit religious ministrations and sacraments to be
5available to every committed person, but attendance at
6religious services shall not be required. This subsection (g)
7is subject to the provisions of the Faith Behind Bars Act.
8    (h) Within 90 days after December 31, 1996, the Department
9shall prohibit the use of curtains, cell-coverings, or any
10other matter or object that obstructs or otherwise impairs the
11line of vision into a committed person's cell.
12    (i) A point of contact person appointed under subsection
13(u-6) of Section 3-2-2 of this Code shall promptly and
14efficiently review suggestions, complaints, and other requests
15made by visitors to institutions and facilities of the
16Department and by other members of the public. Based on the
17nature of the submission, the point of contact person shall
18communicate with the appropriate division of the Department,
19disseminate the concern or complaint, and act as liaison
20between the parties to reach a resolution.
21        (1) The point of contact person shall maintain
22    information about the subject matter of each
23    correspondence, including, but not limited to, information
24    about the following subjects:
25            (A) the parties making the submission;
26            (B) any commissary-related concerns;

 

 

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1            (C) any concerns about the institution or
2        facility's COVID protocols and mitigations;
3            (D) any concerns about mail, video, or electronic
4        messages or other communications with incarcerated
5        persons;
6            (E) any concerns about the institution or
7        facility;
8            (F) any discipline-related concerns;
9            (G) any concerns about earned sentencing credits;
10            (H) any concerns about educational opportunities
11        for incarcerated persons;
12            (I) any concerns about health-related matters;
13            (J) any mental health concerns;
14            (K) any concerns about personal property;
15            (L) any concerns about the records of the
16        incarcerated person;
17            (M) any concerns about recreational opportunities
18        for incarcerated persons;
19            (N) any staffing-related concerns;
20            (O) any concerns about the transfer of individuals
21        in custody;
22            (P) any concerns about visitation; and
23            (Q) any concerns about work opportunities for
24        incarcerated persons.
25        The information shall be maintained in accordance with
26    standards set by the Department of Corrections, and shall

 

 

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1    be made available to the Department's Planning and
2    Research Division. The point of contact person shall
3    provide a summary of the results of the review, including
4    any resolution or recommendations made as a result of
5    correspondence with the Planning and Research Division of
6    the Department.
7        (2) The Department shall provide an annual written
8    report to the General Assembly and the Governor, with the
9    first report due no later than January 1, 2023, and
10    publish the report on its website within 48 hours after
11    the report is transmitted to the Governor and the General
12    Assembly. The report shall include a summary of activities
13    undertaken and completed as a result of submissions to the
14    point of contact person. The Department of Corrections
15    shall collect and report the following aggregated and
16    disaggregated data for each institution and facility and
17    describe:
18            (A) the work of the point of contact person;
19            (B) the general nature of suggestions, complaints,
20        and other requests submitted to the point of contact
21        person;
22            (C) the volume of emails, calls, letters, and
23        other correspondence received by the point of contact
24        person;
25            (D) the resolutions reached or recommendations
26        made as a result of the point of contact person's

 

 

HB3055 Enrolled- 22 -LRB103 29934 RLC 56349 b

1        review;
2            (E) whether, if an investigation is recommended, a
3        report of the complaint was forwarded to the Chief
4        Inspector of the Department or other Department
5        employee, and the resolution of the complaint, and if
6        the investigation has not concluded, a detailed status
7        report on the complaint; and
8            (F) any recommendations that the point of contact
9        person has relating to systemic issues in the
10        Department of Corrections, and any other matters for
11        consideration by the General Assembly and the
12        Governor.
13        The name, address, or other personally identifiable
14    information of a person who files a complaint, suggestion,
15    or other request with the point of contact person, and
16    confidential records shall be redacted from the annual
17    report and are not subject to disclosure under the Freedom
18    of Information Act. The Department shall disclose the
19    records only if required by a court order on a showing of
20    good cause.
21        (3) The Department must post in a conspicuous place in
22    the waiting area of every facility or institution a sign
23    that contains in bold, black type the following:
24            (A) a short statement notifying visitors of the
25        point of contact person and that person's duty to
26        receive suggestions, complaints, or other requests;

 

 

HB3055 Enrolled- 23 -LRB103 29934 RLC 56349 b

1        and
2            (B) information on how to submit suggestions,
3        complaints, or other requests to the point of contact
4        person.
5    (j) (i) Menstrual hygiene products shall be available, as
6needed, free of charge, at all institutions and facilities of
7the Department for all committed persons who menstruate. In
8this subsection (j) (i), "menstrual hygiene products" means
9tampons and sanitary napkins for use in connection with the
10menstrual cycle.
11(Source: P.A. 102-1082, eff. 6-10-22; 102-1111, eff. 6-1-23;
12revised 1-8-23.)
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.