Full Text of HB4731 101st General Assembly
HB4731 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4731 Introduced 2/18/2020, by Rep. Lamont J. Robinson, Jr. SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-7-2 | from Ch. 38, par. 1003-7-2 | 730 ILCS 125/26.1 new | |
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Amends the Unified Code of Corrections and the County Jail Act. Provides that neither the Director of Corrections nor the county sheriff may prohibit a prisoner from receiving any books, audiovisual materials, periodicals, or other instructional materials involving the history, empowerment, or self-help of any race, ethnicity, or religious group and each prisoner shall have access to those items. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing 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 shall | 9 | | provide
every committed person with access to toilet | 10 | | facilities, barber
facilities, bathing facilities at least | 11 | | once each week, a library of
legal materials and published | 12 | | materials including newspapers and magazines
approved by the | 13 | | Director. A committed person may not receive any materials
that | 14 | | the Director deems pornographic. The Director may not prohibit | 15 | | a committed person from receiving any books, audiovisual | 16 | | materials, periodicals, or other instructional materials | 17 | | involving the history, empowerment, or self-help of any race, | 18 | | ethnicity, or religious group and each committed person shall | 19 | | have access to those items. | 20 | | (b) (Blank). | 21 | | (c) All institutions and facilities of the Department shall | 22 | | provide
facilities for every committed person to leave his cell | 23 | | for at least one
hour each day unless the chief administrative |
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| 1 | | officer determines that it
would be harmful or dangerous to the | 2 | | security or safety of the
institution or facility. | 3 | | (d) All institutions and facilities of the Department shall | 4 | | provide
every committed person with a wholesome and nutritional | 5 | | diet at
regularly scheduled hours, drinking water, clothing | 6 | | adequate for the
season, bedding, soap and towels and medical | 7 | | and dental care. | 8 | | (e) All institutions and facilities of the Department shall | 9 | | permit
every committed person to send and receive an unlimited | 10 | | number of
uncensored letters, provided, however, that the | 11 | | Director may order that
mail be inspected and read for reasons | 12 | | of the security, safety or morale
of the institution or | 13 | | facility. | 14 | | (f) All of the institutions and facilities of the | 15 | | Department shall
permit every committed person to receive | 16 | | in-person visitors and video contact, if available, except in | 17 | | case of
abuse of the visiting privilege or when the chief | 18 | | administrative officer
determines that such visiting would be | 19 | | harmful or dangerous to the
security, safety or morale of the | 20 | | institution or facility.
Each committed person is entitled to 7 | 21 | | visits per month. Every committed person may submit a list of | 22 | | at least 30 persons to the Department that are authorized to | 23 | | visit the committed person. The list shall be kept in an | 24 | | electronic format by the Department beginning on August 1, | 25 | | 2019, as well as available in paper form for Department | 26 | | employees. The chief administrative officer shall have the |
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| 1 | | right to restrict visitation
to non-contact visits, video, or | 2 | | other forms of non-contact visits for reasons of safety, | 3 | | security, and order, including,
but not limited to, restricting | 4 | | contact visits for committed persons engaged in
gang activity.
| 5 | | No committed person in a super maximum security facility or on | 6 | | disciplinary
segregation is allowed contact visits. Any | 7 | | committed person found in
possession of illegal drugs or who | 8 | | fails a drug test shall not be permitted
contact visits for a | 9 | | period of at least 6 months. Any committed person
involved in | 10 | | gang activities or found guilty of assault committed against a
| 11 | | Department employee shall not be permitted contact visits for a | 12 | | period of at
least 6 months. The Department shall offer every | 13 | | visitor appropriate written information concerning HIV and | 14 | | AIDS, including information concerning how to contact the | 15 | | Illinois Department of Public Health for counseling | 16 | | information. The Department shall develop the written | 17 | | materials in consultation with the Department of Public Health. | 18 | | The Department shall ensure that all such information and | 19 | | materials are culturally sensitive and reflect cultural | 20 | | diversity as appropriate. Implementation of the changes made to | 21 | | this Section by Public Act 94-629 is subject to appropriation.
| 22 | | The Department shall seek the lowest possible cost to provide | 23 | | video calling and shall charge to the extent of recovering any | 24 | | demonstrated costs of providing video calling. The Department | 25 | | shall not make a commission or profit from video calling | 26 | | services. Nothing in this Section shall be construed to permit |
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| 1 | | video calling instead of in-person visitation. | 2 | | (f-5) (Blank). | 3 | | (f-10) The Department may not restrict or limit in-person | 4 | | visits to committed persons due to the availability of | 5 | | interactive video conferences. | 6 | | (f-15)(1) The Department shall issue a standard written | 7 | | policy for each institution and facility of the Department that | 8 | | provides for: | 9 | | (A) the number of in-person visits each committed
| 10 | | person is entitled to per week and per month including the | 11 | | requirements of subsection (f) of this Section; | 12 | | (B) the hours of in-person visits; | 13 | | (C) the type of identification required for visitors at | 14 | | least 18 years of age; and | 15 | | (D) the type of identification, if any, required for | 16 | | visitors under 18 years of age. | 17 | | (2) This policy shall be posted on the Department website
| 18 | | and at each facility. | 19 | | (3) The Department shall post on its website daily any
| 20 | | restrictions or denials of visitation for that day and the
| 21 | | succeeding 5 calendar days, including those based on a lockdown
| 22 | | of the facility, to inform family members and other visitors. | 23 | | (g) All institutions and facilities of the Department shall | 24 | | permit
religious ministrations and sacraments to be available | 25 | | to every
committed person, but attendance at religious services | 26 | | shall not be
required. |
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| 1 | | (h) Within 90 days after December 31, 1996, the Department | 2 | | shall prohibit
the use of curtains, cell-coverings, or any | 3 | | other matter or object that
obstructs or otherwise impairs the | 4 | | line of vision into a committed person's
cell. | 5 | | (Source: P.A. 99-933, eff. 1-27-17; 100-30, eff. 1-1-18; | 6 | | 100-142, eff. 1-1-18; 100-677, eff. 1-1-19; 100-863, eff. | 7 | | 8-14-18 .) | 8 | | Section 10. The County Jail Act is amended by adding | 9 | | Section 26.1 as follows: | 10 | | (730 ILCS 125/26.1 new) | 11 | | Sec. 26.1. Instructional and empowerment materials. The | 12 | | sheriff may not prohibit a prisoner confined in a county jail | 13 | | from receiving any books, audiovisual materials, periodicals, | 14 | | or other instructional materials involving the history, | 15 | | empowerment, or self-help of any race, ethnicity, or religious | 16 | | group and each prisoner shall have access to those items.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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