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Rep. Jerry F. Costello, II
Filed: 03/13/12
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| 1 | | AMENDMENT TO HOUSE BILL 4402
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| 2 | | AMENDMENT NO. ______. Amend House Bill 4402 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Unified Code of Corrections is amended by |
| 5 | | changing Section 3-7-2 as follows:
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| 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 |
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| 1 | | provide
facilities for every committed person to leave his cell |
| 2 | | for at least one
hour each day unless the chief administrative |
| 3 | | officer determines that it
would be harmful or dangerous to the |
| 4 | | security or safety of the
institution or facility. |
| 5 | | (d) All institutions and facilities of the Department shall |
| 6 | | provide
every committed person with a wholesome and nutritional |
| 7 | | diet at
regularly scheduled hours, drinking water, clothing |
| 8 | | adequate for the
season, bedding, soap and towels and medical |
| 9 | | and dental care. The Department shall provide committed persons |
| 10 | | with powdered milk during meals if the cost of the powdered |
| 11 | | milk is less than liquid milk. The breakfast and lunch meals |
| 12 | | provided to committed persons on Saturday and Sunday shall be |
| 13 | | consolidated into a brunch meal for each of those days. |
| 14 | | (e) All institutions and facilities of the Department shall |
| 15 | | permit
every committed person to send and receive an unlimited |
| 16 | | number of
uncensored letters, provided, however, that the |
| 17 | | Director may order that
mail be inspected and read for reasons |
| 18 | | of the security, safety or morale
of the institution or |
| 19 | | facility. |
| 20 | | (f) All of the institutions and facilities of the |
| 21 | | Department shall
permit every committed person to receive |
| 22 | | visitors, except in case of
abuse of the visiting privilege or |
| 23 | | when the chief administrative officer
determines that such |
| 24 | | visiting would be harmful or dangerous to the
security, safety |
| 25 | | or morale of the institution or facility.
The chief |
| 26 | | administrative officer shall have the right to restrict |
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| 1 | | visitation
to non-contact visits for reasons of safety, |
| 2 | | security, and order, including,
but not limited to, restricting |
| 3 | | contact visits for committed persons engaged in
gang activity.
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| 4 | | No committed person in a super maximum security facility or on |
| 5 | | disciplinary
segregation is allowed contact visits. Any |
| 6 | | committed person found in
possession of illegal drugs or who |
| 7 | | fails a drug test shall not be permitted
contact visits for a |
| 8 | | period of at least 6 months. Any committed person
involved in |
| 9 | | gang activities or found guilty of assault committed against a
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| 10 | | Department employee shall not be permitted contact visits for a |
| 11 | | period of at
least 6 months. The Department shall offer every |
| 12 | | visitor appropriate written information concerning HIV and |
| 13 | | AIDS, including information concerning how to contact the |
| 14 | | Illinois Department of Public Health for counseling |
| 15 | | information. The Department shall develop the written |
| 16 | | materials in consultation with the Department of Public Health. |
| 17 | | The Department shall ensure that all such information and |
| 18 | | materials are culturally sensitive and reflect cultural |
| 19 | | diversity as appropriate. Implementation of the changes made to |
| 20 | | this Section by this amendatory Act of the 94th General |
| 21 | | Assembly is subject to appropriation.
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| 22 | | (f-5) The Department shall establish a pilot program in one |
| 23 | | or more institutions or facilities of the Department to permit |
| 24 | | committed persons to remotely visit family members through |
| 25 | | interactive video conferences. The Department may enter into |
| 26 | | agreements with third-party organizations to provide video |
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| 1 | | conference facilities for family members of committed persons. |
| 2 | | The Department may determine who is a family member eligible to |
| 3 | | participate in the program and the conditions in which and |
| 4 | | times when the video conferences may be conducted. The |
| 5 | | Department may conduct such conferences as an alternative to |
| 6 | | transporting committed persons to facilities and institutions |
| 7 | | of the Department near the residences of family members of the |
| 8 | | committed persons. |
| 9 | | Beginning on October 1, 2010 and through October 1, 2012, |
| 10 | | the Department shall issue an annual report to the General |
| 11 | | Assembly regarding the implementation and effectiveness of the |
| 12 | | pilot program created by this subsection (f-5). |
| 13 | | (g) All institutions and facilities of the Department shall |
| 14 | | permit
religious ministrations and sacraments to be available |
| 15 | | to every
committed person, but attendance at religious services |
| 16 | | shall not be
required. |
| 17 | | (h) Within 90 days after December 31, 1996, the Department |
| 18 | | shall prohibit
the use of curtains, cell-coverings, or any |
| 19 | | other matter or object that
obstructs or otherwise impairs the |
| 20 | | line of vision into a committed person's
cell. |
| 21 | | (Source: P.A. 96-869, eff. 1-21-10.)".
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