Illinois General Assembly - Full Text of SB2911
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Full Text of SB2911  102nd General Assembly

SB2911 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2911

 

Introduced 8/31/2021, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-2-2  from Ch. 38, par. 1003-2-2
730 ILCS 5/3-7-2  from Ch. 38, par. 1003-7-2

    Amends the Unified Code of Corrections. Provides that the Director of Corrections shall appoint a Family Liaison Officer to review any denial of or restrictions on visitation to a committed person by a person who, immediately before incarceration of the committed person, was a family or household member of the committed person if the committed person has filed with the chief administrative officer of the facility a list of those persons whom the committed person wishes to visit him or her at the facility. Provides that the Department of Corrections shall adopt rules regarding in-person or video conferencing with committed persons. Provides that a staff member of a facility may not deny an in-person or video conferencing visit for any reason other than as provided for by rule. Provides that visitation rules shall be published on the Department's website. Provides that any potential visitor who is denied a visit shall be given a standard form, in writing, that includes the specific rule that is the basis for the denial and the Family Liaison Officer information if the potential visitor wishes to appeal the denial of the visitation. Provides that the Department's Family Liaison Officer shall review within 15 days after receipt each visitation denial and determine whether the denial was appropriate under the specific rule. Provides that the written review and its outcome shall be published on the Department's website. Effective immediately.


LRB102 19914 RLC 28691 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2911LRB102 19914 RLC 28691 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. Public policy and findings.
5    (a) The General Assembly finds that it is the public
6policy of the State of Illinois that frequent in-person visits
7from family and household members to committed persons in
8correctional facilities are among the best ways to increase
9the success of rehabilitation and re-entry of committed
10persons into society.
11    (b) The General Assembly finds that the lack of data,
12transparency, or statewide rules and procedures to actively
13encourage in-person visitation has hindered the State's
14mission to successfully reintegrate committed persons into
15society and promote family stability. The General Assembly
16further finds that in-person visitation is without any
17additional cost to the State and the many social benefits,
18particularly to the family and household members of the
19committed person, justify centering visitation as a core
20function of every Department of Corrections facility.
 
21    Section 5. The Unified Code of Corrections is amended by
22changing Sections 3-2-2 and 3-7-2 as follows:
 

 

 

SB2911- 2 -LRB102 19914 RLC 28691 b

1    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
2    Sec. 3-2-2. Powers and duties of the Department.
3    (1) In addition to the powers, duties, and
4responsibilities which are otherwise provided by law, the
5Department shall have the following powers:
6        (a) To accept persons committed to it by the courts of
7    this State for care, custody, treatment and
8    rehabilitation, and to accept federal prisoners and aliens
9    over whom the Office of the Federal Detention Trustee is
10    authorized to exercise the federal detention function for
11    limited purposes and periods of time.
12        (b) To develop and maintain reception and evaluation
13    units for purposes of analyzing the custody and
14    rehabilitation needs of persons committed to it and to
15    assign such persons to institutions and programs under its
16    control or transfer them to other appropriate agencies. In
17    consultation with the Department of Alcoholism and
18    Substance Abuse (now the Department of Human Services),
19    the Department of Corrections shall develop a master plan
20    for the screening and evaluation of persons committed to
21    its custody who have alcohol or drug abuse problems, and
22    for making appropriate treatment available to such
23    persons; the Department shall report to the General
24    Assembly on such plan not later than April 1, 1987. The
25    maintenance and implementation of such plan shall be
26    contingent upon the availability of funds.

 

 

SB2911- 3 -LRB102 19914 RLC 28691 b

1        (b-1) To create and implement, on January 1, 2002, a
2    pilot program to establish the effectiveness of
3    pupillometer technology (the measurement of the pupil's
4    reaction to light) as an alternative to a urine test for
5    purposes of screening and evaluating persons committed to
6    its custody who have alcohol or drug problems. The pilot
7    program shall require the pupillometer technology to be
8    used in at least one Department of Corrections facility.
9    The Director may expand the pilot program to include an
10    additional facility or facilities as he or she deems
11    appropriate. A minimum of 4,000 tests shall be included in
12    the pilot program. The Department must report to the
13    General Assembly on the effectiveness of the program by
14    January 1, 2003.
15        (b-5) To develop, in consultation with the Department
16    of State Police, a program for tracking and evaluating
17    each inmate from commitment through release for recording
18    his or her gang affiliations, activities, or ranks.
19        (c) To maintain and administer all State correctional
20    institutions and facilities under its control and to
21    establish new ones as needed. Pursuant to its power to
22    establish new institutions and facilities, the Department
23    may, with the written approval of the Governor, authorize
24    the Department of Central Management Services to enter
25    into an agreement of the type described in subsection (d)
26    of Section 405-300 of the Department of Central Management

 

 

SB2911- 4 -LRB102 19914 RLC 28691 b

1    Services Law (20 ILCS 405/405-300). The Department shall
2    designate those institutions which shall constitute the
3    State Penitentiary System.
4        Pursuant to its power to establish new institutions
5    and facilities, the Department may authorize the
6    Department of Central Management Services to accept bids
7    from counties and municipalities for the construction,
8    remodeling or conversion of a structure to be leased to
9    the Department of Corrections for the purposes of its
10    serving as a correctional institution or facility. Such
11    construction, remodeling or conversion may be financed
12    with revenue bonds issued pursuant to the Industrial
13    Building Revenue Bond Act by the municipality or county.
14    The lease specified in a bid shall be for a term of not
15    less than the time needed to retire any revenue bonds used
16    to finance the project, but not to exceed 40 years. The
17    lease may grant to the State the option to purchase the
18    structure outright.
19        Upon receipt of the bids, the Department may certify
20    one or more of the bids and shall submit any such bids to
21    the General Assembly for approval. Upon approval of a bid
22    by a constitutional majority of both houses of the General
23    Assembly, pursuant to joint resolution, the Department of
24    Central Management Services may enter into an agreement
25    with the county or municipality pursuant to such bid.
26        (c-5) To build and maintain regional juvenile

 

 

SB2911- 5 -LRB102 19914 RLC 28691 b

1    detention centers and to charge a per diem to the counties
2    as established by the Department to defray the costs of
3    housing each minor in a center. In this subsection (c-5),
4    "juvenile detention center" means a facility to house
5    minors during pendency of trial who have been transferred
6    from proceedings under the Juvenile Court Act of 1987 to
7    prosecutions under the criminal laws of this State in
8    accordance with Section 5-805 of the Juvenile Court Act of
9    1987, whether the transfer was by operation of law or
10    permissive under that Section. The Department shall
11    designate the counties to be served by each regional
12    juvenile detention center.
13        (d) To develop and maintain programs of control,
14    rehabilitation and employment of committed persons within
15    its institutions.
16        (d-5) To provide a pre-release job preparation program
17    for inmates at Illinois adult correctional centers.
18        (d-10) To provide educational and visitation
19    opportunities to committed persons within its institutions
20    through temporary access to content-controlled tablets
21    that may be provided as a privilege to committed persons
22    to induce or reward compliance.
23        (e) To establish a system of supervision and guidance
24    of committed persons in the community.
25        (f) To establish in cooperation with the Department of
26    Transportation to supply a sufficient number of prisoners

 

 

SB2911- 6 -LRB102 19914 RLC 28691 b

1    for use by the Department of Transportation to clean up
2    the trash and garbage along State, county, township, or
3    municipal highways as designated by the Department of
4    Transportation. The Department of Corrections, at the
5    request of the Department of Transportation, shall furnish
6    such prisoners at least annually for a period to be agreed
7    upon between the Director of Corrections and the Secretary
8    of Transportation. The prisoners used on this program
9    shall be selected by the Director of Corrections on
10    whatever basis he deems proper in consideration of their
11    term, behavior and earned eligibility to participate in
12    such program - where they will be outside of the prison
13    facility but still in the custody of the Department of
14    Corrections. Prisoners convicted of first degree murder,
15    or a Class X felony, or armed violence, or aggravated
16    kidnapping, or criminal sexual assault, aggravated
17    criminal sexual abuse or a subsequent conviction for
18    criminal sexual abuse, or forcible detention, or arson, or
19    a prisoner adjudged a Habitual Criminal shall not be
20    eligible for selection to participate in such program. The
21    prisoners shall remain as prisoners in the custody of the
22    Department of Corrections and such Department shall
23    furnish whatever security is necessary. The Department of
24    Transportation shall furnish trucks and equipment for the
25    highway cleanup program and personnel to supervise and
26    direct the program. Neither the Department of Corrections

 

 

SB2911- 7 -LRB102 19914 RLC 28691 b

1    nor the Department of Transportation shall replace any
2    regular employee with a prisoner.
3        (g) To maintain records of persons committed to it and
4    to establish programs of research, statistics and
5    planning.
6        (h) To investigate the grievances of any person
7    committed to the Department and to inquire into any
8    alleged misconduct by employees or committed persons; and
9    for these purposes it may issue subpoenas and compel the
10    attendance of witnesses and the production of writings and
11    papers, and may examine under oath any witnesses who may
12    appear before it; to also investigate alleged violations
13    of a parolee's or releasee's conditions of parole or
14    release; and for this purpose it may issue subpoenas and
15    compel the attendance of witnesses and the production of
16    documents only if there is reason to believe that such
17    procedures would provide evidence that such violations
18    have occurred.
19        If any person fails to obey a subpoena issued under
20    this subsection, the Director may apply to any circuit
21    court to secure compliance with the subpoena. The failure
22    to comply with the order of the court issued in response
23    thereto shall be punishable as contempt of court.
24        (i) To appoint and remove the chief administrative
25    officers, and administer programs of training and
26    development of personnel of the Department. Personnel

 

 

SB2911- 8 -LRB102 19914 RLC 28691 b

1    assigned by the Department to be responsible for the
2    custody and control of committed persons or to investigate
3    the alleged misconduct of committed persons or employees
4    or alleged violations of a parolee's or releasee's
5    conditions of parole shall be conservators of the peace
6    for those purposes, and shall have the full power of peace
7    officers outside of the facilities of the Department in
8    the protection, arrest, retaking and reconfining of
9    committed persons or where the exercise of such power is
10    necessary to the investigation of such misconduct or
11    violations. This subsection shall not apply to persons
12    committed to the Department of Juvenile Justice under the
13    Juvenile Court Act of 1987 on aftercare release.
14        (j) To cooperate with other departments and agencies
15    and with local communities for the development of
16    standards and programs for better correctional services in
17    this State.
18        (k) To administer all moneys and properties of the
19    Department.
20        (l) To report annually to the Governor on the
21    committed persons, institutions and programs of the
22    Department.
23        (l-5) (Blank).
24        (m) To make all rules and regulations and exercise all
25    powers and duties vested by law in the Department.
26        (n) To establish rules and regulations for

 

 

SB2911- 9 -LRB102 19914 RLC 28691 b

1    administering a system of sentence credits, established in
2    accordance with Section 3-6-3, subject to review by the
3    Prisoner Review Board.
4        (o) To administer the distribution of funds from the
5    State Treasury to reimburse counties where State penal
6    institutions are located for the payment of assistant
7    state's attorneys' salaries under Section 4-2001 of the
8    Counties Code.
9        (p) To exchange information with the Department of
10    Human Services and the Department of Healthcare and Family
11    Services for the purpose of verifying living arrangements
12    and for other purposes directly connected with the
13    administration of this Code and the Illinois Public Aid
14    Code.
15        (q) To establish a diversion program.
16        The program shall provide a structured environment for
17    selected technical parole or mandatory supervised release
18    violators and committed persons who have violated the
19    rules governing their conduct while in work release. This
20    program shall not apply to those persons who have
21    committed a new offense while serving on parole or
22    mandatory supervised release or while committed to work
23    release.
24        Elements of the program shall include, but shall not
25    be limited to, the following:
26            (1) The staff of a diversion facility shall

 

 

SB2911- 10 -LRB102 19914 RLC 28691 b

1        provide supervision in accordance with required
2        objectives set by the facility.
3            (2) Participants shall be required to maintain
4        employment.
5            (3) Each participant shall pay for room and board
6        at the facility on a sliding-scale basis according to
7        the participant's income.
8            (4) Each participant shall:
9                (A) provide restitution to victims in
10            accordance with any court order;
11                (B) provide financial support to his
12            dependents; and
13                (C) make appropriate payments toward any other
14            court-ordered obligations.
15            (5) Each participant shall complete community
16        service in addition to employment.
17            (6) Participants shall take part in such
18        counseling, educational and other programs as the
19        Department may deem appropriate.
20            (7) Participants shall submit to drug and alcohol
21        screening.
22            (8) The Department shall promulgate rules
23        governing the administration of the program.
24        (r) To enter into intergovernmental cooperation
25    agreements under which persons in the custody of the
26    Department may participate in a county impact

 

 

SB2911- 11 -LRB102 19914 RLC 28691 b

1    incarceration program established under Section 3-6038 or
2    3-15003.5 of the Counties Code.
3        (r-5) (Blank).
4        (r-10) To systematically and routinely identify with
5    respect to each streetgang active within the correctional
6    system: (1) each active gang; (2) every existing
7    inter-gang affiliation or alliance; and (3) the current
8    leaders in each gang. The Department shall promptly
9    segregate leaders from inmates who belong to their gangs
10    and allied gangs. "Segregate" means no physical contact
11    and, to the extent possible under the conditions and space
12    available at the correctional facility, prohibition of
13    visual and sound communication. For the purposes of this
14    paragraph (r-10), "leaders" means persons who:
15            (i) are members of a criminal streetgang;
16            (ii) with respect to other individuals within the
17        streetgang, occupy a position of organizer,
18        supervisor, or other position of management or
19        leadership; and
20            (iii) are actively and personally engaged in
21        directing, ordering, authorizing, or requesting
22        commission of criminal acts by others, which are
23        punishable as a felony, in furtherance of streetgang
24        related activity both within and outside of the
25        Department of Corrections.
26    "Streetgang", "gang", and "streetgang related" have the

 

 

SB2911- 12 -LRB102 19914 RLC 28691 b

1    meanings ascribed to them in Section 10 of the Illinois
2    Streetgang Terrorism Omnibus Prevention Act.
3        (s) To operate a super-maximum security institution,
4    in order to manage and supervise inmates who are
5    disruptive or dangerous and provide for the safety and
6    security of the staff and the other inmates.
7        (t) To monitor any unprivileged conversation or any
8    unprivileged communication, whether in person or by mail,
9    telephone, or other means, between an inmate who, before
10    commitment to the Department, was a member of an organized
11    gang and any other person without the need to show cause or
12    satisfy any other requirement of law before beginning the
13    monitoring, except as constitutionally required. The
14    monitoring may be by video, voice, or other method of
15    recording or by any other means. As used in this
16    subdivision (1)(t), "organized gang" has the meaning
17    ascribed to it in Section 10 of the Illinois Streetgang
18    Terrorism Omnibus Prevention Act.
19        As used in this subdivision (1)(t), "unprivileged
20    conversation" or "unprivileged communication" means a
21    conversation or communication that is not protected by any
22    privilege recognized by law or by decision, rule, or order
23    of the Illinois Supreme Court.
24        (u) To establish a Women's and Children's Pre-release
25    Community Supervision Program for the purpose of providing
26    housing and services to eligible female inmates, as

 

 

SB2911- 13 -LRB102 19914 RLC 28691 b

1    determined by the Department, and their newborn and young
2    children.
3        (u-5) To issue an order, whenever a person committed
4    to the Department absconds or absents himself or herself,
5    without authority to do so, from any facility or program
6    to which he or she is assigned. The order shall be
7    certified by the Director, the Supervisor of the
8    Apprehension Unit, or any person duly designated by the
9    Director, with the seal of the Department affixed. The
10    order shall be directed to all sheriffs, coroners, and
11    police officers, or to any particular person named in the
12    order. Any order issued pursuant to this subdivision (1)
13    (u-5) shall be sufficient warrant for the officer or
14    person named in the order to arrest and deliver the
15    committed person to the proper correctional officials and
16    shall be executed the same as criminal process.
17        (v) To do all other acts necessary to carry out the
18    provisions of this Chapter.
19    (2) The Department of Corrections shall by January 1,
201998, consider building and operating a correctional facility
21within 100 miles of a county of over 2,000,000 inhabitants,
22especially a facility designed to house juvenile participants
23in the impact incarceration program.
24    (3) When the Department lets bids for contracts for
25medical services to be provided to persons committed to
26Department facilities by a health maintenance organization,

 

 

SB2911- 14 -LRB102 19914 RLC 28691 b

1medical service corporation, or other health care provider,
2the bid may only be let to a health care provider that has
3obtained an irrevocable letter of credit or performance bond
4issued by a company whose bonds have an investment grade or
5higher rating by a bond rating organization.
6    (4) When the Department lets bids for contracts for food
7or commissary services to be provided to Department
8facilities, the bid may only be let to a food or commissary
9services provider that has obtained an irrevocable letter of
10credit or performance bond issued by a company whose bonds
11have an investment grade or higher rating by a bond rating
12organization.
13    (5) On and after the date 6 months after August 16, 2013
14(the effective date of Public Act 98-488), as provided in the
15Executive Order 1 (2012) Implementation Act, all of the
16powers, duties, rights, and responsibilities related to State
17healthcare purchasing under this Code that were transferred
18from the Department of Corrections to the Department of
19Healthcare and Family Services by Executive Order 3 (2005) are
20transferred back to the Department of Corrections; however,
21powers, duties, rights, and responsibilities related to State
22healthcare purchasing under this Code that were exercised by
23the Department of Corrections before the effective date of
24Executive Order 3 (2005) but that pertain to individuals
25resident in facilities operated by the Department of Juvenile
26Justice are transferred to the Department of Juvenile Justice.

 

 

SB2911- 15 -LRB102 19914 RLC 28691 b

1    (6) The Director shall appoint a Family Liaison Officer to
2review any denial of or restrictions on visitation to a
3committed person by a person who, immediately before
4incarceration of the committed person, was a family or
5household member of the committed person if the committed
6person has filed with the chief administrative officer of the
7facility a list of those persons whom the committed person
8wishes to visit him or her at the facility. In this Section and
9Section 3-7-2, "family or household member" has the meaning
10ascribed to it in Section 112A-3 of the Code of Criminal
11Procedure of 1963.
12(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18;
13101-235, eff. 1-1-20.)
 
14    (730 ILCS 5/3-7-2)  (from Ch. 38, par. 1003-7-2)
15    Sec. 3-7-2. Facilities.
16    (a) All institutions and facilities of the Department
17shall provide every committed person with access to toilet
18facilities, barber facilities, bathing facilities at least
19once each week, a library of legal materials and published
20materials including newspapers and magazines approved by the
21Director. A committed person may not receive any materials
22that the Director deems pornographic.
23    (b) (Blank).
24    (c) All institutions and facilities of the Department
25shall provide facilities for every committed person to leave

 

 

SB2911- 16 -LRB102 19914 RLC 28691 b

1his cell for at least one hour each day unless the chief
2administrative officer determines that it would be harmful or
3dangerous to the security or safety of the institution or
4facility.
5    (d) All institutions and facilities of the Department
6shall provide every committed person with a wholesome and
7nutritional diet at regularly scheduled hours, drinking water,
8clothing adequate for the season, bedding, soap and towels and
9medical and dental care.
10    (e) All institutions and facilities of the Department
11shall permit every committed person to send and receive an
12unlimited number of uncensored letters, provided, however,
13that the Director may order that mail be inspected and read for
14reasons of the security, safety or morale of the institution
15or facility.
16    (f) All of the institutions and facilities of the
17Department shall permit every committed person to receive
18in-person visitors and video contact, if available, except in
19case of abuse of the visiting privilege or when the chief
20administrative officer determines that such visiting would be
21harmful or dangerous to the security, safety or morale of the
22institution or facility. Each committed person is entitled to
237 visits per month. Every committed person may submit a list of
24at least 30 persons to the Department that are authorized to
25visit the committed person. The list shall be kept in an
26electronic format by the Department beginning on August 1,

 

 

SB2911- 17 -LRB102 19914 RLC 28691 b

12019, as well as available in paper form for Department
2employees. The chief administrative officer shall have the
3right to restrict visitation to non-contact visits, video, or
4other forms of non-contact visits for reasons of safety,
5security, and order, including, but not limited to,
6restricting contact visits for committed persons engaged in
7gang activity. No committed person in a super maximum security
8facility or on disciplinary segregation is allowed contact
9visits. Any committed person found in possession of illegal
10drugs or who fails a drug test shall not be permitted contact
11visits for a period of at least 6 months. Any committed person
12involved in gang activities or found guilty of assault
13committed against a Department employee shall not be permitted
14contact visits for a period of at least 6 months. The
15Department shall offer every visitor appropriate written
16information concerning HIV and AIDS, including information
17concerning how to contact the Illinois Department of Public
18Health for counseling information. The Department shall
19develop the written materials in consultation with the
20Department of Public Health. The Department shall ensure that
21all such information and materials are culturally sensitive
22and reflect cultural diversity as appropriate. Implementation
23of the changes made to this Section by Public Act 94-629 is
24subject to appropriation. The Department shall seek the lowest
25possible cost to provide video calling and shall charge to the
26extent of recovering any demonstrated costs of providing video

 

 

SB2911- 18 -LRB102 19914 RLC 28691 b

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

 

 

SB2911- 19 -LRB102 19914 RLC 28691 b

1    (f-20) The Department shall adopt rules regarding
2in-person or video conferencing with committed persons. A
3staff member of a facility may not deny an in-person or video
4conferencing visit for any reason other than as provided for
5by rule. Visitation rules shall be published on the
6Department's website. Any potential visitor who is denied a
7visit shall be given a standard form, in writing, that
8includes the specific rule that is the basis for the denial and
9the Family Liaison Officer information if the potential
10visitor wishes to appeal the denial of the visitation. The
11Department's Family Liaison Officer shall review within 15
12days after receipt each visitation denial and determine
13whether the denial was appropriate under the specific rule.
14The written review and its outcome shall be published on the
15Department's website.
16    (g) All institutions and facilities of the Department
17shall permit religious ministrations and sacraments to be
18available to every committed person, but attendance at
19religious services shall not be required.
20    (h) Within 90 days after December 31, 1996, the Department
21shall prohibit the use of curtains, cell-coverings, or any
22other matter or object that obstructs or otherwise impairs the
23line of vision into a committed person's cell.
24(Source: P.A. 99-933, eff. 1-27-17; 100-30, eff. 1-1-18;
25100-142, eff. 1-1-18; 100-677, eff. 1-1-19; 100-863, eff.
268-14-18.)
 

 

 

SB2911- 20 -LRB102 19914 RLC 28691 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.