Bill Text: IL HB4402 | 2011-2012 | 97th General Assembly | Amended

---

Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the organization of the Department of Corrections and the Department of Juvenile Justice.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB4402 Detail]

Download: Illinois-2011-HB4402-Amended.html

---

Rep. Jerry F. Costello, II

Filed: 03/13/12

09700HB4402ham001 LRB097 15394 RLC 66111 a
AMENDMENT TO HOUSE BILL 4402
AMENDMENT NO. ______. Amend House Bill 4402 by replacing
everything after the enacting clause with the following:
"Section 5. 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)
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

09700HB4402ham001 - 2 - LRB097 15394 RLC 66111 a
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. The Department shall provide committed persons
with powdered milk during meals if the cost of the powdered
milk is less than liquid milk. The breakfast and lunch meals
provided to committed persons on Saturday and Sunday shall be
consolidated into a brunch meal for each of those days.
(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
visitors, 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. The chief
administrative officer shall have the right to restrict

09700HB4402ham001 - 3 - LRB097 15394 RLC 66111 a
visitation to 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 this amendatory Act of the 94th General
Assembly is subject to appropriation.
(f-5) The Department shall establish a pilot program in one
or more institutions or facilities of the Department to permit
committed persons to remotely visit family members through
interactive video conferences. The Department may enter into
agreements with third-party organizations to provide video

09700HB4402ham001 - 4 - LRB097 15394 RLC 66111 a
conference facilities for family members of committed persons.
The Department may determine who is a family member eligible to
participate in the program and the conditions in which and
times when the video conferences may be conducted. The
Department may conduct such conferences as an alternative to
transporting committed persons to facilities and institutions
of the Department near the residences of family members of the
committed persons.
Beginning on October 1, 2010 and through October 1, 2012,
the Department shall issue an annual report to the General
Assembly regarding the implementation and effectiveness of the
pilot program created by this subsection (f-5).
(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.
(Source: P.A. 96-869, eff. 1-21-10.)".