Bill Text: IL HB3055 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Reinserts the provisions of the introduced bill. In the Faith Behind Bars Act, changes definitions of "chaplaincy services" and "undue burden". Provides that a committed person has a right (rather than a constitutional right) to practice his or her faith group in a correctional institution or facility absent or without undue burden to the State's correctional system. Provides that absent harm or undue burden a correctional institution or facility shall provide reading materials for diverse faith groups. Provides in determining whether an action would result in an undue burden, warden or chief administrative officer of the correctional institution or facility shall consider security requirements that are necessary.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Passed) 2023-08-01 - Public Act . . . . . . . . . 103-0331 [HB3055 Detail]

Download: Illinois-2023-HB3055-Chaptered.html

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Public Act 103-0331
HB3055 Enrolled LRB103 29934 RLC 56349 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Faith
Behind Bars Act.
Section 5. Findings and declaration of policy.
(a) The General Assembly hereby finds, determines, and
declares the following that:
(1) Chaplains play a key role in helping persons
committed to correctional institutions and facilities
transform their understanding of responsibility, choices,
and possibilities and that behavior only changes when
hearts change.
(2) Without a spiritual-based transformation there is
little hope for sincere, lasting change in any of us.
Without a faith-based after-care living situation an
ex-offender has little chance of succeeding on the street.
(3) That the chaplain's personal contact is crucial. A
chaplain ministers through relationship. Being accepting,
nonjudgmental, and working toward self-esteem issues is
important.
(4) According to a Pew Research Center 2012 Study,
Religion in Prisons, 50 state survey of Prison Chaplains,

about 71% of chaplains identify as Protestants, 13% as
Catholics, 7% as Muslims, and the remainder identify with
other religions, including Judaism and Native American
spirituality. A plurality of the chaplains 44% consider
their faith to be part of the evangelical Protestant
tradition while 15% come from a mainline Protestant
tradition and 7% are from a historically black Protestant
tradition.
(5) A Pew Forum survey ranked the top 3 activities of
chaplains that are most important, personally leading
worship services, religious instruction sessions, or
spiritual counseling sessions. About 75% of the chaplains
surveyed consider this to be among their most important
functions, including 57% who ranked it as their number one
priority.
(6) The Pew Forum survey found that most prison
chaplains say there are too few religious volunteers to
meet the needs of all inmates. About 69% of prison
chaplains surveyed say there are some religious groups for
which there are too few volunteers in the prisons where
they work.
(7) A 2020 Audit of federal prisons found that the
Federal Bureau of Prisons chaplaincy services departments
are not staffed according to the Federal Bureau of Prisons
guidelines at many institutions. The Federal Bureau of
Prisons current policy states that, at a minimum, each

chaplaincy services department should be staffed with at
least one chaplain and one religious services assistant.
This standard translates to a minimum need for 122
chaplains and 122 religious services assistants throughout
the Federal Bureau of Prisons. However, as of March 2020,
nearly half of the Federal Bureau of Prisons institutions
had no religious services assistant, 3 institutions had no
chaplain at all, 21 institutions employed a single
chaplain, and 2 institutions had only recently filled
their only chaplain position after long vacancies. In
addition to the minimum staffing level, Federal Bureau of
Prisons guidelines also suggest that institutions
supplement the minimum requirement with additional
chaplains based on inmate population (one chaplain per 500
inmates) and specific characteristics of the institution,
such as being a major medical center, having 2 or more
satellite facilities, or the inclusion of a special unit,
each of which should have one additional chaplain.
Therefore, the Federal Bureau of Prisons' chaplaincy
services staffing and supplemental guidelines suggest that
a fully staffed chaplaincy would include 357 chaplains and
122 religious services assistants. As of March 2020, the
Federal Bureau of Prisons' chaplaincy staff included only
236 chaplains and 64 religious services assistants, which
is approximately 30% below what the Federal Bureau of
Prisons' guidelines consider to be a fully staffed

chaplaincy for the inmate population. The 2020 audit of
federal prisons reports that some Federal Bureau of
Prisons institutions were without any chaplaincy staff.
During the audit, there was a peak of at least 3
institutions that were without a chaplain. The audit found
that critical tasks may not be accomplished, including
purchasing and reviewing library materials and conducting
certain faith-based programming.
(b) It is the intent of the General Assembly to rectify in
this State the deficiencies that occur in prison ministries of
other states and the federal prison system by enacting the
Faith Behind Bars Act.
Section 10. Definitions.
(a) In this Act:
"Chaplain" means a cleric, such as a minister, priest,
pastor, rabbi, or imam, or a lay representative of a religious
tradition, attached to a correctional institution or facility.
"Chaplaincy" means the general activity performed by a
chaplain, which may include crisis ministry, counseling,
sacraments, worship, education, help in ethical
decision-making, staff support, clergy contact, and community
or church coordination.
"Chaplaincy services" means services offered by a chaplain
or lay person.
"Committed person" has the meaning ascribed to it in

Section 1-2 of the Unified Code of Corrections.
"Correctional institution or facility" has the meaning
ascribed to it in Section 1-2 of the Unified Code of
Corrections.
"Undue burden" means significant difficulty, expense, or
detriment to the safety and security of the facility.
Section 15. Right to practice faith in a correctional
institution or facility.
(a) A committed person has a right to practice his or her
faith in a correctional institution or facility absent harm or
without undue burden to the State's correctional system.
(b) A committed person belonging to a faith group in a
correctional institution or facility shall have access to
pastoral and spiritual care absent harm or without undue
burden to the State's correctional system.
(c) Absent harm or undue burden, a correctional
institution or facility shall provide reading materials for
diverse faith groups, including, but not limited to,
spiritual, religious texts, prayer manuals, prayer mats, and
other requested material from committed persons.
(d) All correctional institutions and facilities in this
State shall provide committed persons the ability to pray by
facilitating time and clean location, fast by allowing a
committed person to abstain from food when appropriate, and
respect for dietary restrictions absent harm or without undue

burden to the State's correctional system.
(e) All correctional institutions and facilities in this
State shall hold a training seminar administered by chaplains
of the leading faith groups representing the State's
correctional institutions and facilities population every 5
years for wardens and chief administrative officers of
correctional institutions and facilities to familiarize
themselves with the foundations of each faith group.
(f) All correctional institutions and facilities in this
State shall maintain a chaplain database of chaplains
representing the percentage of the correctional institutions
and facilities populations' various faith groups.
(g) All correctional institutions and facilities in this
State shall provide access to chaplains in the State's
correctional system as requested by a committed person
belonging to a specific faith group cross-referenced by the
correctional institutions and facilities chaplain database.
(h) All correctional institutions and facilities in this
State shall not bar chaplains from access to committed persons
absent evidence of potential harm or threat to the security of
the State's correctional system.
(i) All correctional institutions and facilities in this
State shall grant requests of religious observance gatherings,
including, but not limited to, mass, weekly congregations,
sermons, and pastoral meetings absent harm or undue burden to
the State's correctional system.

(j) In determining whether an action would result in an
undue burden under this Section, factors to be considered by
the warden or chief administrative officer of the correctional
institution or facility include:
(1) the nature and cost of the action needed under
this Section;
(2) the overall financial resources of the
correctional institution or facility involved in the
action;
(3) the number of persons employed at the correctional
institution or facility;
(4) the effect on expenses and resources of the
correctional institution or facility; and
(5) legitimate safety and security requirements that
are necessary for safe operation of the correctional
institution or facility, including crime prevention
measures.
Section 90. The Unified Code of Corrections is amended by
changing Section 3-7-2 as follows:
(730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
(Text of Section before amendment by P.A. 102-1111)
Sec. 3-7-2. Facilities.
(a) All institutions and facilities of the Department
shall provide every committed person with access to toilet

facilities, barber facilities, bathing facilities at least
once each week, a library of legal materials and published
materials including newspapers and magazines approved by the
Director. A committed person may not receive any materials
that the Director deems pornographic.
(b) (Blank).
(c) All institutions and facilities of the Department
shall provide facilities for every committed person to leave
his cell for at least one hour each day unless the chief
administrative officer determines that it would be harmful or
dangerous to the security or safety of the institution or
facility.
(d) All institutions and facilities of the Department
shall provide every committed person with a wholesome and
nutritional diet at regularly scheduled hours, drinking water,
clothing adequate for the season, bedding, soap and towels and
medical and dental care.
(e) All institutions and facilities of the Department
shall permit every committed person to send and receive an
unlimited number of uncensored letters, provided, however,
that the Director may order that mail be inspected and read for
reasons of the security, safety or morale of the institution
or facility.
(f) All of the institutions and facilities of the
Department shall permit every committed person to receive
in-person visitors and video contact, if available, except in

case of abuse of the visiting privilege or when the chief
administrative officer determines that such visiting would be
harmful or dangerous to the security, safety or morale of the
institution or facility. Each committed person is entitled to
7 visits per month. Every committed person may submit a list of
at least 30 persons to the Department that are authorized to
visit the committed person. The list shall be kept in an
electronic format by the Department beginning on August 1,
2019, as well as available in paper form for Department
employees. The chief administrative officer shall have the
right to restrict visitation to non-contact visits, video, or
other forms of non-contact visits for reasons of safety,
security, and order, including, but not limited to,
restricting contact visits for committed persons engaged in
gang activity. No committed person in a super maximum security
facility or on disciplinary segregation is allowed contact
visits. Any committed person found in possession of illegal
drugs or who fails a drug test shall not be permitted contact
visits for a period of at least 6 months. Any committed person
involved in gang activities or found guilty of assault
committed against a Department employee shall not be permitted
contact visits for a period of at least 6 months. The
Department shall offer every visitor appropriate written
information concerning HIV and AIDS, including information
concerning how to contact the Illinois Department of Public
Health for counseling information. The Department shall

develop the written materials in consultation with the
Department of Public Health. The Department shall ensure that
all such information and materials are culturally sensitive
and reflect cultural diversity as appropriate. Implementation
of the changes made to this Section by Public Act 94-629 is
subject to appropriation. The Department shall seek the lowest
possible cost to provide video calling and shall charge to the
extent of recovering any demonstrated costs of providing video
calling. The Department shall not make a commission or profit
from video calling services. Nothing in this Section shall be
construed to permit video calling instead of in-person
visitation.
(f-5) (Blank).
(f-10) The Department may not restrict or limit in-person
visits to committed persons due to the availability of
interactive video conferences.
(f-15)(1) The Department shall issue a standard written
policy for each institution and facility of the Department
that provides for:
(A) the number of in-person visits each committed
person is entitled to per week and per month including the
requirements of subsection (f) of this Section;
(B) the hours of in-person visits;
(C) the type of identification required for visitors
at least 18 years of age; and
(D) the type of identification, if any, required for

visitors under 18 years of age.
(2) This policy shall be posted on the Department website
and at each facility.
(3) The Department shall post on its website daily any
restrictions or denials of visitation for that day and the
succeeding 5 calendar days, including those based on a
lockdown of the facility, to inform family members and other
visitors.
(g) All institutions and facilities of the Department
shall permit religious ministrations and sacraments to be
available to every committed person, but attendance at
religious services shall not be required.
(h) Within 90 days after December 31, 1996, the Department
shall prohibit the use of curtains, cell-coverings, or any
other matter or object that obstructs or otherwise impairs the
line of vision into a committed person's cell.
(i) A point of contact person appointed under subsection
(u-6) of Section 3-2-2 of this Code shall promptly and
efficiently review suggestions, complaints, and other requests
made by visitors to institutions and facilities of the
Department and by other members of the public. Based on the
nature of the submission, the point of contact person shall
communicate with the appropriate division of the Department,
disseminate the concern or complaint, and act as liaison
between the parties to reach a resolution.
(1) The point of contact person shall maintain

information about the subject matter of each
correspondence, including, but not limited to, information
about the following subjects:
(A) the parties making the submission;
(B) any commissary-related concerns;
(C) any concerns about the institution or
facility's COVID protocols and mitigations;
(D) any concerns about mail, video, or electronic
messages or other communications with incarcerated
persons;
(E) any concerns about the institution or
facility;
(F) any discipline-related concerns;
(G) any concerns about earned sentencing credits;
(H) any concerns about educational opportunities
for incarcerated persons;
(I) any concerns about health-related matters;
(J) any mental health concerns;
(K) any concerns about personal property;
(L) any concerns about the records of the
incarcerated person;
(M) any concerns about recreational opportunities
for incarcerated persons;
(N) any staffing-related concerns;
(O) any concerns about the transfer of individuals
in custody;

(P) any concerns about visitation; and
(Q) any concerns about work opportunities for
incarcerated persons.
The information shall be maintained in accordance with
standards set by the Department of Corrections, and shall
be made available to the Department's Planning and
Research Division. The point of contact person shall
provide a summary of the results of the review, including
any resolution or recommendations made as a result of
correspondence with the Planning and Research Division of
the Department.
(2) The Department shall provide an annual written
report to the General Assembly and the Governor, with the
first report due no later than January 1, 2023, and
publish the report on its website within 48 hours after
the report is transmitted to the Governor and the General
Assembly. The report shall include a summary of activities
undertaken and completed as a result of submissions to the
point of contact person. The Department of Corrections
shall collect and report the following aggregated and
disaggregated data for each institution and facility and
describe:
(A) the work of the point of contact person;
(B) the general nature of suggestions, complaints,
and other requests submitted to the point of contact
person;

(C) the volume of emails, calls, letters, and
other correspondence received by the point of contact
person;
(D) the resolutions reached or recommendations
made as a result of the point of contact person's
review;
(E) whether, if an investigation is recommended, a
report of the complaint was forwarded to the Chief
Inspector of the Department or other Department
employee, and the resolution of the complaint, and if
the investigation has not concluded, a detailed status
report on the complaint; and
(F) any recommendations that the point of contact
person has relating to systemic issues in the
Department of Corrections, and any other matters for
consideration by the General Assembly and the
Governor.
The name, address, or other personally identifiable
information of a person who files a complaint, suggestion,
or other request with the point of contact person, and
confidential records shall be redacted from the annual
report and are not subject to disclosure under the Freedom
of Information Act. The Department shall disclose the
records only if required by a court order on a showing of
good cause.
(3) The Department must post in a conspicuous place in

the waiting area of every facility or institution a sign
that contains in bold, black type the following:
(A) a short statement notifying visitors of the
point of contact person and that person's duty to
receive suggestions, complaints, or other requests;
and
(B) information on how to submit suggestions,
complaints, or other requests to the point of contact
person.
(Source: P.A. 102-1082, eff. 6-10-22.)
(Text of Section after amendment by P.A. 102-1111)
Sec. 3-7-2. Facilities.
(a) All institutions and facilities of the Department
shall provide every committed person with access to toilet
facilities, barber facilities, bathing facilities at least
once each week, a library of legal materials and published
materials including newspapers and magazines approved by the
Director. A committed person may not receive any materials
that the Director deems pornographic.
(b) (Blank).
(c) All institutions and facilities of the Department
shall provide facilities for every committed person to leave
his cell for at least one hour each day unless the chief
administrative officer determines that it would be harmful or
dangerous to the security or safety of the institution or

facility.
(d) All institutions and facilities of the Department
shall provide every committed person with a wholesome and
nutritional diet at regularly scheduled hours, drinking water,
clothing adequate for the season, including underwear,
bedding, soap and towels and medical and dental care.
Underwear provided to each committed person in all
institutions and facilities of the Department shall be free of
charge and shall be provided at any time upon request,
including multiple requests, of the committed person or as
needed by the committed person.
(e) All institutions and facilities of the Department
shall permit every committed person to send and receive an
unlimited number of uncensored letters, provided, however,
that the Director may order that mail be inspected and read for
reasons of the security, safety or morale of the institution
or facility.
(f) All of the institutions and facilities of the
Department shall permit every committed person to receive
in-person visitors and video contact, if available, except in
case of abuse of the visiting privilege or when the chief
administrative officer determines that such visiting would be
harmful or dangerous to the security, safety or morale of the
institution or facility. Each committed person is entitled to
7 visits per month. Every committed person may submit a list of
at least 30 persons to the Department that are authorized to

visit the committed person. The list shall be kept in an
electronic format by the Department beginning on August 1,
2019, as well as available in paper form for Department
employees. The chief administrative officer shall have the
right to restrict visitation to non-contact visits, video, or
other forms of non-contact visits for reasons of safety,
security, and order, including, but not limited to,
restricting contact visits for committed persons engaged in
gang activity. No committed person in a super maximum security
facility or on disciplinary segregation is allowed contact
visits. Any committed person found in possession of illegal
drugs or who fails a drug test shall not be permitted contact
visits for a period of at least 6 months. Any committed person
involved in gang activities or found guilty of assault
committed against a Department employee shall not be permitted
contact visits for a period of at least 6 months. The
Department shall offer every visitor appropriate written
information concerning HIV and AIDS, including information
concerning how to contact the Illinois Department of Public
Health for counseling information. The Department shall
develop the written materials in consultation with the
Department of Public Health. The Department shall ensure that
all such information and materials are culturally sensitive
and reflect cultural diversity as appropriate. Implementation
of the changes made to this Section by Public Act 94-629 is
subject to appropriation. The Department shall seek the lowest

possible cost to provide video calling and shall charge to the
extent of recovering any demonstrated costs of providing video
calling. The Department shall not make a commission or profit
from video calling services. Nothing in this Section shall be
construed to permit video calling instead of in-person
visitation.
(f-5) (Blank).
(f-10) The Department may not restrict or limit in-person
visits to committed persons due to the availability of
interactive video conferences.
(f-15)(1) The Department shall issue a standard written
policy for each institution and facility of the Department
that provides for:
(A) the number of in-person visits each committed
person is entitled to per week and per month including the
requirements of subsection (f) of this Section;
(B) the hours of in-person visits;
(C) the type of identification required for visitors
at least 18 years of age; and
(D) the type of identification, if any, required for
visitors under 18 years of age.
(2) This policy shall be posted on the Department website
and at each facility.
(3) The Department shall post on its website daily any
restrictions or denials of visitation for that day and the
succeeding 5 calendar days, including those based on a

lockdown of the facility, to inform family members and other
visitors.
(g) All institutions and facilities of the Department
shall permit religious ministrations and sacraments to be
available to every committed person, but attendance at
religious services shall not be required. This subsection (g)
is subject to the provisions of the Faith Behind Bars Act.
(h) Within 90 days after December 31, 1996, the Department
shall prohibit the use of curtains, cell-coverings, or any
other matter or object that obstructs or otherwise impairs the
line of vision into a committed person's cell.
(i) A point of contact person appointed under subsection
(u-6) of Section 3-2-2 of this Code shall promptly and
efficiently review suggestions, complaints, and other requests
made by visitors to institutions and facilities of the
Department and by other members of the public. Based on the
nature of the submission, the point of contact person shall
communicate with the appropriate division of the Department,
disseminate the concern or complaint, and act as liaison
between the parties to reach a resolution.
(1) The point of contact person shall maintain
information about the subject matter of each
correspondence, including, but not limited to, information
about the following subjects:
(A) the parties making the submission;
(B) any commissary-related concerns;

(C) any concerns about the institution or
facility's COVID protocols and mitigations;
(D) any concerns about mail, video, or electronic
messages or other communications with incarcerated
persons;
(E) any concerns about the institution or
facility;
(F) any discipline-related concerns;
(G) any concerns about earned sentencing credits;
(H) any concerns about educational opportunities
for incarcerated persons;
(I) any concerns about health-related matters;
(J) any mental health concerns;
(K) any concerns about personal property;
(L) any concerns about the records of the
incarcerated person;
(M) any concerns about recreational opportunities
for incarcerated persons;
(N) any staffing-related concerns;
(O) any concerns about the transfer of individuals
in custody;
(P) any concerns about visitation; and
(Q) any concerns about work opportunities for
incarcerated persons.
The information shall be maintained in accordance with
standards set by the Department of Corrections, and shall

be made available to the Department's Planning and
Research Division. The point of contact person shall
provide a summary of the results of the review, including
any resolution or recommendations made as a result of
correspondence with the Planning and Research Division of
the Department.
(2) The Department shall provide an annual written
report to the General Assembly and the Governor, with the
first report due no later than January 1, 2023, and
publish the report on its website within 48 hours after
the report is transmitted to the Governor and the General
Assembly. The report shall include a summary of activities
undertaken and completed as a result of submissions to the
point of contact person. The Department of Corrections
shall collect and report the following aggregated and
disaggregated data for each institution and facility and
describe:
(A) the work of the point of contact person;
(B) the general nature of suggestions, complaints,
and other requests submitted to the point of contact
person;
(C) the volume of emails, calls, letters, and
other correspondence received by the point of contact
person;
(D) the resolutions reached or recommendations
made as a result of the point of contact person's

review;
(E) whether, if an investigation is recommended, a
report of the complaint was forwarded to the Chief
Inspector of the Department or other Department
employee, and the resolution of the complaint, and if
the investigation has not concluded, a detailed status
report on the complaint; and
(F) any recommendations that the point of contact
person has relating to systemic issues in the
Department of Corrections, and any other matters for
consideration by the General Assembly and the
Governor.
The name, address, or other personally identifiable
information of a person who files a complaint, suggestion,
or other request with the point of contact person, and
confidential records shall be redacted from the annual
report and are not subject to disclosure under the Freedom
of Information Act. The Department shall disclose the
records only if required by a court order on a showing of
good cause.
(3) The Department must post in a conspicuous place in
the waiting area of every facility or institution a sign
that contains in bold, black type the following:
(A) a short statement notifying visitors of the
point of contact person and that person's duty to
receive suggestions, complaints, or other requests;

and
(B) information on how to submit suggestions,
complaints, or other requests to the point of contact
person.
(j) (i) Menstrual hygiene products shall be available, as
needed, free of charge, at all institutions and facilities of
the Department for all committed persons who menstruate. In
this subsection (j) (i), "menstrual hygiene products" means
tampons and sanitary napkins for use in connection with the
menstrual cycle.
(Source: P.A. 102-1082, eff. 6-10-22; 102-1111, eff. 6-1-23;
revised 1-8-23.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.