99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB2448

Introduced , by Rep. Monique D. Davis

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2

Amends the Unified Code of Corrections. Provides that all institutions and facilities of the Department of Corrections shall permit a committed person to purchase, possess, and use condoms. Provides that a committed person may not be denied any privileges or good conduct credit because of the committed person's purchase, possession, or use of condoms. Provides that neither the Department of Corrections nor an institution or facility of the Department may declare condoms as contraband. Provides that by January 1, 2016, the Department of Corrections shall develop a plan to make condoms available to committed persons according to established public health practices and in a manner that protects the health, safety, and privacy of committed persons and correctional facility staff. 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.

15 (b) (Blank).

16 (c) All institutions and facilities of the Department shall

17 provide facilities for every committed person to leave his cell

18 for at least one hour each day unless the chief administrative

19 officer determines that it would be harmful or dangerous to the

20 security or safety of the institution or facility.

21 (d) All institutions and facilities of the Department shall

22 provide every committed person with a wholesome and nutritional

23 diet at regularly scheduled hours, drinking water, clothing

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1 adequate for the season, bedding, soap and towels and medical

2 and dental care.

3 (e) All institutions and facilities of the Department shall

4 permit every committed person to send and receive an unlimited

5 number of uncensored letters, provided, however, that the

6 Director may order that mail be inspected and read for reasons

7 of the security, safety or morale of the institution or

8 facility.

9 (f) All of the institutions and facilities of the

10 Department shall permit every committed person to receive

11 visitors, except in case of abuse of the visiting privilege or

12 when the chief administrative officer determines that such

13 visiting would be harmful or dangerous to the security, safety

14 or morale of the institution or facility. The chief

15 administrative officer shall have the right to restrict

16 visitation to non-contact visits for reasons of safety,

17 security, and order, including, but not limited to, restricting

18 contact visits for committed persons engaged in gang activity.

19 No committed person in a super maximum security facility or on

20 disciplinary segregation is allowed contact visits. Any

21 committed person found in possession of illegal drugs or who

22 fails a drug test shall not be permitted contact visits for a

23 period of at least 6 months. Any committed person involved in

24 gang activities or found guilty of assault committed against a

25 Department employee shall not be permitted contact visits for a

26 period of at least 6 months. The Department shall offer every

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1 visitor appropriate written information concerning HIV and

2 AIDS, including information concerning how to contact the

3 Illinois Department of Public Health for counseling

4 information. The Department shall develop the written

5 materials in consultation with the Department of Public Health.

6 The Department shall ensure that all such information and

7 materials are culturally sensitive and reflect cultural

8 diversity as appropriate. Implementation of the changes made to

9 this Section by this amendatory Act of the 94th General

10 Assembly is subject to appropriation.

11 (f-5) The Department shall establish a pilot program in one

12 or more institutions or facilities of the Department to permit

13 committed persons to remotely visit family members through

14 interactive video conferences. The Department may enter into

15 agreements with third-party organizations to provide video

16 conference facilities for family members of committed persons.

17 The Department may determine who is a family member eligible to

18 participate in the program and the conditions in which and

19 times when the video conferences may be conducted. The

20 Department may conduct such conferences as an alternative to

21 transporting committed persons to facilities and institutions

22 of the Department near the residences of family members of the

23 committed persons.

24 Beginning on October 1, 2010 and through October 1, 2012,

25 the Department shall issue an annual report to the General

26 Assembly regarding the implementation and effectiveness of the

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1 pilot program created by this subsection (f-5).

2 (g) All institutions and facilities of the Department shall

3 permit religious ministrations and sacraments to be available

4 to every committed person, but attendance at religious services

5 shall not be required.

6 (h) Within 90 days after December 31, 1996, the Department

7 shall prohibit the use of curtains, cell-coverings, or any

8 other matter or object that obstructs or otherwise impairs the

9 line of vision into a committed person's cell.

10 (i) All institutions and facilities of the Department shall

11 permit a committed person to purchase, possess, and use

12 condoms. A committed person may not be denied any privileges or

13 good conduct credit because of the committed person's purchase,

14 possession, or use of condoms. Neither the Department nor an

15 institution or facility of the Department may declare condoms

16 as contraband. By January 1, 2016, the Department shall develop

17 a plan to make condoms available to committed persons according

18 to established public health practices and in a manner that

19 protects the health, safety, and privacy of committed persons

20 and correctional facility staff.

21 (Source: P.A. 96-869, eff. 1-21-10.)