Illinois General Assembly - Full Text of HB4218
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Full Text of HB4218  102nd General Assembly

HB4218eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4218 EngrossedLRB102 21387 RLC 30502 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 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
9shall provide 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
14that the Director deems pornographic.
15    (b) (Blank).
16    (c) All institutions and facilities of the Department
17shall provide facilities for every committed person to leave
18his cell for at least one hour each day unless the chief
19administrative officer determines that it would be harmful or
20dangerous to the security or safety of the institution or
21facility.
22    (d) All institutions and facilities of the Department
23shall provide every committed person with a wholesome and

 

 

HB4218 Engrossed- 2 -LRB102 21387 RLC 30502 b

1nutritional diet at regularly scheduled hours, drinking water,
2clothing adequate for the season, including underwear,
3bedding, soap and towels and medical and dental care.
4Underwear provided to each committed person in all
5institutions and facilities of the Department shall be free of
6charge and shall be provided at any time upon request,
7including multiple requests, of the committed person or as
8needed by the committed person.
9    (e) All institutions and facilities of the Department
10shall permit every committed person to send and receive an
11unlimited number of uncensored letters, provided, however,
12that the Director may order that mail be inspected and read for
13reasons of the security, safety or morale of the institution
14or facility.
15    (f) All of the institutions and facilities of the
16Department shall permit every committed person to receive
17in-person visitors and video contact, if available, except in
18case of abuse of the visiting privilege or when the chief
19administrative officer determines that such visiting would be
20harmful or dangerous to the security, safety or morale of the
21institution or facility. Each committed person is entitled to
227 visits per month. Every committed person may submit a list of
23at least 30 persons to the Department that are authorized to
24visit the committed person. The list shall be kept in an
25electronic format by the Department beginning on August 1,
262019, as well as available in paper form for Department

 

 

HB4218 Engrossed- 3 -LRB102 21387 RLC 30502 b

1employees. The chief administrative officer shall have the
2right to restrict visitation to non-contact visits, video, or
3other forms of non-contact visits for reasons of safety,
4security, and order, including, but not limited to,
5restricting contact visits for committed persons engaged in
6gang activity. No committed person in a super maximum security
7facility or on disciplinary segregation is allowed contact
8visits. Any committed person found in possession of illegal
9drugs or who fails a drug test shall not be permitted contact
10visits for a period of at least 6 months. Any committed person
11involved in gang activities or found guilty of assault
12committed against a Department employee shall not be permitted
13contact visits for a period of at least 6 months. The
14Department shall offer every visitor appropriate written
15information concerning HIV and AIDS, including information
16concerning how to contact the Illinois Department of Public
17Health for counseling information. The Department shall
18develop the written materials in consultation with the
19Department of Public Health. The Department shall ensure that
20all such information and materials are culturally sensitive
21and reflect cultural diversity as appropriate. Implementation
22of the changes made to this Section by Public Act 94-629 is
23subject to appropriation. The Department shall seek the lowest
24possible cost to provide video calling and shall charge to the
25extent of recovering any demonstrated costs of providing video
26calling. The Department shall not make a commission or profit

 

 

HB4218 Engrossed- 4 -LRB102 21387 RLC 30502 b

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

 

 

HB4218 Engrossed- 5 -LRB102 21387 RLC 30502 b

1shall permit religious ministrations and sacraments to be
2available to every committed person, but attendance at
3religious services shall not be required.
4    (h) Within 90 days after December 31, 1996, the Department
5shall prohibit the use of curtains, cell-coverings, or any
6other matter or object that obstructs or otherwise impairs the
7line of vision into a committed person's cell.
8    (i) Menstrual hygiene products shall be available, as
9needed, free of charge, at all institutions and facilities of
10the Department for all committed persons who menstruate. In
11this subsection (i), "menstrual hygiene products" means
12tampons and sanitary napkins for use in connection with the
13menstrual cycle.
14(Source: P.A. 99-933, eff. 1-27-17; 100-30, eff. 1-1-18;
15100-142, eff. 1-1-18; 100-677, eff. 1-1-19; 100-863, eff.
168-14-18.)