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

SB3180ham002 102ND GENERAL ASSEMBLY

Rep. Robyn Gabel

Filed: 3/31/2022

 

 


 

 


 
10200SB3180ham002LRB102 23350 RLC 38399 a

1
AMENDMENT TO SENATE BILL 3180

2    AMENDMENT NO. ______. Amend Senate Bill 3180 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1shall provide facilities for every committed person to leave
2his cell for at least one hour each day unless the chief
3administrative officer determines that it would be harmful or
4dangerous to the security or safety of the institution or
5facility.
6    (d) All institutions and facilities of the Department
7shall provide every committed person with a wholesome and
8nutritional diet at regularly scheduled hours, drinking water,
9clothing adequate for the season, bedding, soap and towels and
10medical and dental care.
11    (e) All institutions and facilities of the Department
12shall permit every committed person to send and receive an
13unlimited number of uncensored letters, provided, however,
14that the Director may order that mail be inspected and read for
15reasons of the security, safety or morale of the institution
16or facility.
17    (f) All of the institutions and facilities of the
18Department shall permit every committed person to receive
19in-person visitors and video contact, if available, except in
20case of abuse of the visiting privilege or when the chief
21administrative officer determines that such visiting would be
22harmful or dangerous to the security, safety or morale of the
23institution or facility. Each committed person is entitled to
247 visits per month. Every committed person may submit a list of
25at least 30 persons to the Department that are authorized to
26visit the committed person. The list shall be kept in an

 

 

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1electronic format by the Department beginning on August 1,
22019, as well as available in paper form for Department
3employees. The chief administrative officer shall have the
4right to restrict visitation to non-contact visits, video, or
5other forms of non-contact visits for reasons of safety,
6security, and order, including, but not limited to,
7restricting contact visits for committed persons engaged in
8gang activity. No committed person in a super maximum security
9facility or on disciplinary segregation is allowed contact
10visits. Any committed person found in possession of illegal
11drugs or who fails a drug test shall not be permitted contact
12visits for a period of at least 6 months. Any committed person
13involved in gang activities or found guilty of assault
14committed against a Department employee shall not be permitted
15contact visits for a period of at least 6 months. The
16Department shall offer every visitor appropriate written
17information concerning HIV and AIDS, including information
18concerning how to contact the Illinois Department of Public
19Health for counseling information. The Department shall
20develop the written materials in consultation with the
21Department of Public Health. The Department shall ensure that
22all such information and materials are culturally sensitive
23and reflect cultural diversity as appropriate. Implementation
24of the changes made to this Section by Public Act 94-629 is
25subject to appropriation. The Department shall seek the lowest
26possible cost to provide video calling and shall charge to the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        complaints, or other requests to the point of contact
2        person.
3(Source: P.A. 99-933, eff. 1-27-17; 100-30, eff. 1-1-18;
4100-142, eff. 1-1-18; 100-677, eff. 1-1-19; 100-863, eff.
58-14-18.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".