Illinois General Assembly - Full Text of SB3180
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Full Text of SB3180  102nd General Assembly

SB3180enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB3180 EnrolledLRB102 23350 RLC 32516 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

 

 

SB3180 Enrolled- 2 -LRB102 23350 RLC 32516 b

1nutritional diet at regularly scheduled hours, drinking water,
2clothing adequate for the season, bedding, soap and towels and
3medical and dental care.
4    (e) All institutions and facilities of the Department
5shall permit every committed person to send and receive an
6unlimited number of uncensored letters, provided, however,
7that the Director may order that mail be inspected and read for
8reasons of the security, safety or morale of the institution
9or facility.
10    (f) All of the institutions and facilities of the
11Department shall permit every committed person to receive
12in-person visitors and video contact, if available, except in
13case of abuse of the visiting privilege or when the chief
14administrative officer determines that such visiting would be
15harmful or dangerous to the security, safety or morale of the
16institution or facility. Each committed person is entitled to
177 visits per month. Every committed person may submit a list of
18at least 30 persons to the Department that are authorized to
19visit the committed person. The list shall be kept in an
20electronic format by the Department beginning on August 1,
212019, as well as available in paper form for Department
22employees. The chief administrative officer shall have the
23right to restrict visitation to non-contact visits, video, or
24other forms of non-contact visits for reasons of safety,
25security, and order, including, but not limited to,
26restricting contact visits for committed persons engaged in

 

 

SB3180 Enrolled- 3 -LRB102 23350 RLC 32516 b

1gang activity. No committed person in a super maximum security
2facility or on disciplinary segregation is allowed contact
3visits. Any committed person found in possession of illegal
4drugs or who fails a drug test shall not be permitted contact
5visits for a period of at least 6 months. Any committed person
6involved in gang activities or found guilty of assault
7committed against a Department employee shall not be permitted
8contact visits for a period of at least 6 months. The
9Department shall offer every visitor appropriate written
10information concerning HIV and AIDS, including information
11concerning how to contact the Illinois Department of Public
12Health for counseling information. The Department shall
13develop the written materials in consultation with the
14Department of Public Health. The Department shall ensure that
15all such information and materials are culturally sensitive
16and reflect cultural diversity as appropriate. Implementation
17of the changes made to this Section by Public Act 94-629 is
18subject to appropriation. The Department shall seek the lowest
19possible cost to provide video calling and shall charge to the
20extent of recovering any demonstrated costs of providing video
21calling. The Department shall not make a commission or profit
22from video calling services. Nothing in this Section shall be
23construed to permit video calling instead of in-person
24visitation.
25    (f-5) (Blank).
26    (f-10) The Department may not restrict or limit in-person

 

 

SB3180 Enrolled- 4 -LRB102 23350 RLC 32516 b

1visits to committed persons due to the availability of
2interactive video conferences.
3    (f-15)(1) The Department shall issue a standard written
4policy for each institution and facility of the Department
5that provides for:
6        (A) the number of in-person visits each committed
7    person is entitled to per week and per month including the
8    requirements of subsection (f) of this Section;
9        (B) the hours of in-person visits;
10        (C) the type of identification required for visitors
11    at least 18 years of age; and
12        (D) the type of identification, if any, required for
13    visitors under 18 years of age.
14    (2) This policy shall be posted on the Department website
15and at each facility.
16    (3) The Department shall post on its website daily any
17restrictions or denials of visitation for that day and the
18succeeding 5 calendar days, including those based on a
19lockdown of the facility, to inform family members and other
20visitors.
21    (g) All institutions and facilities of the Department
22shall permit religious ministrations and sacraments to be
23available to every committed person, but attendance at
24religious services shall not be required.
25    (h) Within 90 days after December 31, 1996, the Department
26shall prohibit the use of curtains, cell-coverings, or any

 

 

SB3180 Enrolled- 5 -LRB102 23350 RLC 32516 b

1other matter or object that obstructs or otherwise impairs the
2line of vision into a committed person's cell.
3    (i) A point of contact person appointed under subsection
4(u-6) of Section 3-2-2 of this Code shall promptly and
5efficiently review suggestions, complaints, and other requests
6made by visitors to institutions and facilities of the
7Department and by other members of the public. Based on the
8nature of the submission, the point of contact person shall
9communicate with the appropriate division of the Department,
10disseminate the concern or complaint, and act as liaison
11between the parties to reach a resolution.
12        (1) The point of contact person shall maintain
13    information about the subject matter of each
14    correspondence, including, but not limited to, information
15    about the following subjects:
16            (A) the parties making the submission;
17            (B) any commissary-related concerns;
18            (C) any concerns about the institution or
19        facility's COVID protocols and mitigations;
20            (D) any concerns about mail, video, or electronic
21        messages or other communications with incarcerated
22        persons;
23            (E) any concerns about the institution or
24        facility;
25            (F) any discipline-related concerns;
26            (G) any concerns about earned sentencing credits;

 

 

SB3180 Enrolled- 6 -LRB102 23350 RLC 32516 b

1            (H) any concerns about educational opportunities
2        for incarcerated persons;
3            (I) any concerns about health-related matters;
4            (J) any mental health concerns;
5            (K) any concerns about personal property;
6            (L) any concerns about the records of the
7        incarcerated person;
8            (M) any concerns about recreational opportunities
9        for incarcerated persons;
10            (N) any staffing-related concerns;
11            (O) any concerns about the transfer of individuals
12        in custody;
13            (P) any concerns about visitation; and
14            (Q) any concerns about work opportunities for
15        incarcerated persons.
16        The information shall be maintained in accordance with
17    standards set by the Department of Corrections, and shall
18    be made available to the Department's Planning and
19    Research Division. The point of contact person shall
20    provide a summary of the results of the review, including
21    any resolution or recommendations made as a result of
22    correspondence with the Planning and Research Division of
23    the Department.
24        (2) The Department shall provide an annual written
25    report to the General Assembly and the Governor, with the
26    first report due no later than January 1, 2023, and

 

 

SB3180 Enrolled- 7 -LRB102 23350 RLC 32516 b

1    publish the report on its website within 48 hours after
2    the report is transmitted to the Governor and the General
3    Assembly. The report shall include a summary of activities
4    undertaken and completed as a result of submissions to the
5    point of contact person. The Department of Corrections
6    shall collect and report the following aggregated and
7    disaggregated data for each institution and facility and
8    describe:
9            (A) the work of the point of contact person;
10            (B) the general nature of suggestions, complaints,
11        and other requests submitted to the point of contact
12        person;
13            (C) the volume of emails, calls, letters, and
14        other correspondence received by the point of contact
15        person;
16            (D) the resolutions reached or recommendations
17        made as a result of the point of contact person's
18        review;
19            (E) whether, if an investigation is recommended, a
20        report of the complaint was forwarded to the Chief
21        Inspector of the Department or other Department
22        employee, and the resolution of the complaint, and if
23        the investigation has not concluded, a detailed status
24        report on the complaint; and
25            (F) any recommendations that the point of contact
26        person has relating to systemic issues in the

 

 

SB3180 Enrolled- 8 -LRB102 23350 RLC 32516 b

1        Department of Corrections, and any other matters for
2        consideration by the General Assembly and the
3        Governor.
4        The name, address, or other personally identifiable
5    information of a person who files a complaint, suggestion,
6    or other request with the point of contact person, and
7    confidential records shall be redacted from the annual
8    report and are not subject to disclosure under the Freedom
9    of Information Act. The Department shall disclose the
10    records only if required by a court order on a showing of
11    good cause.
12        (3) The Department must post in a conspicuous place in
13    the waiting area of every facility or institution a sign
14    that contains in bold, black type the following:
15            (A) a short statement notifying visitors of the
16        point of contact person and that person's duty to
17        receive suggestions, complaints, or other requests;
18        and
19            (B) information on how to submit suggestions,
20        complaints, or other requests to the point of contact
21        person.
22(Source: P.A. 99-933, eff. 1-27-17; 100-30, eff. 1-1-18;
23100-142, eff. 1-1-18; 100-677, eff. 1-1-19; 100-863, eff.
248-14-18.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.