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Illinois Senate Bill SB0087

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0087 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0087 Introduced 1/20/2023, by Sen. Laura Fine 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 provide every committed person with access to bathing facilities once per day. Provides that in the case of a lockdown, access to bathing facilities may be restricted for the first 2 days. Provides that, if the lockdown continues for more than 2 days, a committed person shall be provided access to bathing facilities no less than once every 2 days for the duration of the lockdown. LRB103 06017 RLC 51043 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0087 Introduced 1/20/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2 730 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 provide every committed person with access to bathing facilities once per day. Provides that in the case of a lockdown, access to bathing facilities may be restricted for the first 2 days. Provides that, if the lockdown continues for more than 2 days, a committed person shall be provided access to bathing facilities no less than once every 2 days for the duration of the lockdown. LRB103 06017 RLC 51043 b LRB103 06017 RLC 51043 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0087 Introduced 1/20/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
33 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
44 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
55 Amends the Unified Code of Corrections. Provides that all institutions and facilities of the Department of Corrections shall provide every committed person with access to bathing facilities once per day. Provides that in the case of a lockdown, access to bathing facilities may be restricted for the first 2 days. Provides that, if the lockdown continues for more than 2 days, a committed person shall be provided access to bathing facilities no less than once every 2 days for the duration of the lockdown.
66 LRB103 06017 RLC 51043 b LRB103 06017 RLC 51043 b
77 LRB103 06017 RLC 51043 b
88 A BILL FOR
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Unified Code of Corrections is amended by
1515 5 changing Section 3-7-2 as follows:
1616 6 (730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
1717 7 (Text of Section before amendment by P.A. 102-1111)
1818 8 Sec. 3-7-2. Facilities.
1919 9 (a) All institutions and facilities of the Department
2020 10 shall provide every committed person with access to toilet
2121 11 facilities, barber facilities, bathing facilities at least
2222 12 once each week, a library of legal materials and published
2323 13 materials including newspapers and magazines approved by the
2424 14 Director. A committed person may not receive any materials
2525 15 that the Director deems pornographic.
2626 16 (b) (Blank).
2727 17 (c) All institutions and facilities of the Department
2828 18 shall provide facilities for every committed person to leave
2929 19 his cell for at least one hour each day unless the chief
3030 20 administrative officer determines that it would be harmful or
3131 21 dangerous to the security or safety of the institution or
3232 22 facility.
3333 23 (d) All institutions and facilities of the Department
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0087 Introduced 1/20/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
3838 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
3939 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
4040 Amends the Unified Code of Corrections. Provides that all institutions and facilities of the Department of Corrections shall provide every committed person with access to bathing facilities once per day. Provides that in the case of a lockdown, access to bathing facilities may be restricted for the first 2 days. Provides that, if the lockdown continues for more than 2 days, a committed person shall be provided access to bathing facilities no less than once every 2 days for the duration of the lockdown.
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6868 1 shall provide every committed person with a wholesome and
6969 2 nutritional diet at regularly scheduled hours, drinking water,
7070 3 clothing adequate for the season, bedding, soap and towels and
7171 4 medical and dental care.
7272 5 (e) All institutions and facilities of the Department
7373 6 shall permit every committed person to send and receive an
7474 7 unlimited number of uncensored letters, provided, however,
7575 8 that the Director may order that mail be inspected and read for
7676 9 reasons of the security, safety or morale of the institution
7777 10 or facility.
7878 11 (f) All of the institutions and facilities of the
7979 12 Department shall permit every committed person to receive
8080 13 in-person visitors and video contact, if available, except in
8181 14 case of abuse of the visiting privilege or when the chief
8282 15 administrative officer determines that such visiting would be
8383 16 harmful or dangerous to the security, safety or morale of the
8484 17 institution or facility. Each committed person is entitled to
8585 18 7 visits per month. Every committed person may submit a list of
8686 19 at least 30 persons to the Department that are authorized to
8787 20 visit the committed person. The list shall be kept in an
8888 21 electronic format by the Department beginning on August 1,
8989 22 2019, as well as available in paper form for Department
9090 23 employees. The chief administrative officer shall have the
9191 24 right to restrict visitation to non-contact visits, video, or
9292 25 other forms of non-contact visits for reasons of safety,
9393 26 security, and order, including, but not limited to,
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104104 1 restricting contact visits for committed persons engaged in
105105 2 gang activity. No committed person in a super maximum security
106106 3 facility or on disciplinary segregation is allowed contact
107107 4 visits. Any committed person found in possession of illegal
108108 5 drugs or who fails a drug test shall not be permitted contact
109109 6 visits for a period of at least 6 months. Any committed person
110110 7 involved in gang activities or found guilty of assault
111111 8 committed against a Department employee shall not be permitted
112112 9 contact visits for a period of at least 6 months. The
113113 10 Department shall offer every visitor appropriate written
114114 11 information concerning HIV and AIDS, including information
115115 12 concerning how to contact the Illinois Department of Public
116116 13 Health for counseling information. The Department shall
117117 14 develop the written materials in consultation with the
118118 15 Department of Public Health. The Department shall ensure that
119119 16 all such information and materials are culturally sensitive
120120 17 and reflect cultural diversity as appropriate. Implementation
121121 18 of the changes made to this Section by Public Act 94-629 is
122122 19 subject to appropriation. The Department shall seek the lowest
123123 20 possible cost to provide video calling and shall charge to the
124124 21 extent of recovering any demonstrated costs of providing video
125125 22 calling. The Department shall not make a commission or profit
126126 23 from video calling services. Nothing in this Section shall be
127127 24 construed to permit video calling instead of in-person
128128 25 visitation.
129129 26 (f-5) (Blank).
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140140 1 (f-10) The Department may not restrict or limit in-person
141141 2 visits to committed persons due to the availability of
142142 3 interactive video conferences.
143143 4 (f-15)(1) The Department shall issue a standard written
144144 5 policy for each institution and facility of the Department
145145 6 that provides for:
146146 7 (A) the number of in-person visits each committed
147147 8 person is entitled to per week and per month including the
148148 9 requirements of subsection (f) of this Section;
149149 10 (B) the hours of in-person visits;
150150 11 (C) the type of identification required for visitors
151151 12 at least 18 years of age; and
152152 13 (D) the type of identification, if any, required for
153153 14 visitors under 18 years of age.
154154 15 (2) This policy shall be posted on the Department website
155155 16 and at each facility.
156156 17 (3) The Department shall post on its website daily any
157157 18 restrictions or denials of visitation for that day and the
158158 19 succeeding 5 calendar days, including those based on a
159159 20 lockdown of the facility, to inform family members and other
160160 21 visitors.
161161 22 (g) All institutions and facilities of the Department
162162 23 shall permit religious ministrations and sacraments to be
163163 24 available to every committed person, but attendance at
164164 25 religious services shall not be required.
165165 26 (h) Within 90 days after December 31, 1996, the Department
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176176 1 shall prohibit the use of curtains, cell-coverings, or any
177177 2 other matter or object that obstructs or otherwise impairs the
178178 3 line of vision into a committed person's cell.
179179 4 (i) A point of contact person appointed under subsection
180180 5 (u-6) of Section 3-2-2 of this Code shall promptly and
181181 6 efficiently review suggestions, complaints, and other requests
182182 7 made by visitors to institutions and facilities of the
183183 8 Department and by other members of the public. Based on the
184184 9 nature of the submission, the point of contact person shall
185185 10 communicate with the appropriate division of the Department,
186186 11 disseminate the concern or complaint, and act as liaison
187187 12 between the parties to reach a resolution.
188188 13 (1) The point of contact person shall maintain
189189 14 information about the subject matter of each
190190 15 correspondence, including, but not limited to, information
191191 16 about the following subjects:
192192 17 (A) the parties making the submission;
193193 18 (B) any commissary-related concerns;
194194 19 (C) any concerns about the institution or
195195 20 facility's COVID protocols and mitigations;
196196 21 (D) any concerns about mail, video, or electronic
197197 22 messages or other communications with incarcerated
198198 23 persons;
199199 24 (E) any concerns about the institution or
200200 25 facility;
201201 26 (F) any discipline-related concerns;
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212212 1 (G) any concerns about earned sentencing credits;
213213 2 (H) any concerns about educational opportunities
214214 3 for incarcerated persons;
215215 4 (I) any concerns about health-related matters;
216216 5 (J) any mental health concerns;
217217 6 (K) any concerns about personal property;
218218 7 (L) any concerns about the records of the
219219 8 incarcerated person;
220220 9 (M) any concerns about recreational opportunities
221221 10 for incarcerated persons;
222222 11 (N) any staffing-related concerns;
223223 12 (O) any concerns about the transfer of individuals
224224 13 in custody;
225225 14 (P) any concerns about visitation; and
226226 15 (Q) any concerns about work opportunities for
227227 16 incarcerated persons.
228228 17 The information shall be maintained in accordance with
229229 18 standards set by the Department of Corrections, and shall
230230 19 be made available to the Department's Planning and
231231 20 Research Division. The point of contact person shall
232232 21 provide a summary of the results of the review, including
233233 22 any resolution or recommendations made as a result of
234234 23 correspondence with the Planning and Research Division of
235235 24 the Department.
236236 25 (2) The Department shall provide an annual written
237237 26 report to the General Assembly and the Governor, with the
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248248 1 first report due no later than January 1, 2023, and
249249 2 publish the report on its website within 48 hours after
250250 3 the report is transmitted to the Governor and the General
251251 4 Assembly. The report shall include a summary of activities
252252 5 undertaken and completed as a result of submissions to the
253253 6 point of contact person. The Department of Corrections
254254 7 shall collect and report the following aggregated and
255255 8 disaggregated data for each institution and facility and
256256 9 describe:
257257 10 (A) the work of the point of contact person;
258258 11 (B) the general nature of suggestions, complaints,
259259 12 and other requests submitted to the point of contact
260260 13 person;
261261 14 (C) the volume of emails, calls, letters, and
262262 15 other correspondence received by the point of contact
263263 16 person;
264264 17 (D) the resolutions reached or recommendations
265265 18 made as a result of the point of contact person's
266266 19 review;
267267 20 (E) whether, if an investigation is recommended, a
268268 21 report of the complaint was forwarded to the Chief
269269 22 Inspector of the Department or other Department
270270 23 employee, and the resolution of the complaint, and if
271271 24 the investigation has not concluded, a detailed status
272272 25 report on the complaint; and
273273 26 (F) any recommendations that the point of contact
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284284 1 person has relating to systemic issues in the
285285 2 Department of Corrections, and any other matters for
286286 3 consideration by the General Assembly and the
287287 4 Governor.
288288 5 The name, address, or other personally identifiable
289289 6 information of a person who files a complaint, suggestion,
290290 7 or other request with the point of contact person, and
291291 8 confidential records shall be redacted from the annual
292292 9 report and are not subject to disclosure under the Freedom
293293 10 of Information Act. The Department shall disclose the
294294 11 records only if required by a court order on a showing of
295295 12 good cause.
296296 13 (3) The Department must post in a conspicuous place in
297297 14 the waiting area of every facility or institution a sign
298298 15 that contains in bold, black type the following:
299299 16 (A) a short statement notifying visitors of the
300300 17 point of contact person and that person's duty to
301301 18 receive suggestions, complaints, or other requests;
302302 19 and
303303 20 (B) information on how to submit suggestions,
304304 21 complaints, or other requests to the point of contact
305305 22 person.
306306 23 (Source: P.A. 102-1082, eff. 6-10-22.)
307307 24 (Text of Section after amendment by P.A. 102-1111)
308308 25 Sec. 3-7-2. Facilities.
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319319 1 (a) All institutions and facilities of the Department
320320 2 shall provide every committed person with access to toilet
321321 3 facilities, barber facilities, bathing facilities at least
322322 4 once each week, a library of legal materials and published
323323 5 materials including newspapers and magazines approved by the
324324 6 Director. A committed person may not receive any materials
325325 7 that the Director deems pornographic.
326326 8 (a-5) All institutions and facilities of the Department
327327 9 shall provide every committed person with access to bathing
328328 10 facilities once per day. In the case of a lockdown, access to
329329 11 bathing facilities may be restricted for the first 2 days. If
330330 12 the lockdown continues for more than 2 days, a committed
331331 13 person shall be provided access to bathing facilities no less
332332 14 than once every 2 days for the duration of the lockdown.
333333 15 (b) (Blank).
334334 16 (c) All institutions and facilities of the Department
335335 17 shall provide facilities for every committed person to leave
336336 18 his cell for at least one hour each day unless the chief
337337 19 administrative officer determines that it would be harmful or
338338 20 dangerous to the security or safety of the institution or
339339 21 facility.
340340 22 (d) All institutions and facilities of the Department
341341 23 shall provide every committed person with a wholesome and
342342 24 nutritional diet at regularly scheduled hours, drinking water,
343343 25 clothing adequate for the season, including underwear,
344344 26 bedding, soap and towels and medical and dental care.
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355355 1 Underwear provided to each committed person in all
356356 2 institutions and facilities of the Department shall be free of
357357 3 charge and shall be provided at any time upon request,
358358 4 including multiple requests, of the committed person or as
359359 5 needed by the committed person.
360360 6 (e) All institutions and facilities of the Department
361361 7 shall permit every committed person to send and receive an
362362 8 unlimited number of uncensored letters, provided, however,
363363 9 that the Director may order that mail be inspected and read for
364364 10 reasons of the security, safety or morale of the institution
365365 11 or facility.
366366 12 (f) All of the institutions and facilities of the
367367 13 Department shall permit every committed person to receive
368368 14 in-person visitors and video contact, if available, except in
369369 15 case of abuse of the visiting privilege or when the chief
370370 16 administrative officer determines that such visiting would be
371371 17 harmful or dangerous to the security, safety or morale of the
372372 18 institution or facility. Each committed person is entitled to
373373 19 7 visits per month. Every committed person may submit a list of
374374 20 at least 30 persons to the Department that are authorized to
375375 21 visit the committed person. The list shall be kept in an
376376 22 electronic format by the Department beginning on August 1,
377377 23 2019, as well as available in paper form for Department
378378 24 employees. The chief administrative officer shall have the
379379 25 right to restrict visitation to non-contact visits, video, or
380380 26 other forms of non-contact visits for reasons of safety,
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391391 1 security, and order, including, but not limited to,
392392 2 restricting contact visits for committed persons engaged in
393393 3 gang activity. No committed person in a super maximum security
394394 4 facility or on disciplinary segregation is allowed contact
395395 5 visits. Any committed person found in possession of illegal
396396 6 drugs or who fails a drug test shall not be permitted contact
397397 7 visits for a period of at least 6 months. Any committed person
398398 8 involved in gang activities or found guilty of assault
399399 9 committed against a Department employee shall not be permitted
400400 10 contact visits for a period of at least 6 months. The
401401 11 Department shall offer every visitor appropriate written
402402 12 information concerning HIV and AIDS, including information
403403 13 concerning how to contact the Illinois Department of Public
404404 14 Health for counseling information. The Department shall
405405 15 develop the written materials in consultation with the
406406 16 Department of Public Health. The Department shall ensure that
407407 17 all such information and materials are culturally sensitive
408408 18 and reflect cultural diversity as appropriate. Implementation
409409 19 of the changes made to this Section by Public Act 94-629 is
410410 20 subject to appropriation. The Department shall seek the lowest
411411 21 possible cost to provide video calling and shall charge to the
412412 22 extent of recovering any demonstrated costs of providing video
413413 23 calling. The Department shall not make a commission or profit
414414 24 from video calling services. Nothing in this Section shall be
415415 25 construed to permit video calling instead of in-person
416416 26 visitation.
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427427 1 (f-5) (Blank).
428428 2 (f-10) The Department may not restrict or limit in-person
429429 3 visits to committed persons due to the availability of
430430 4 interactive video conferences.
431431 5 (f-15)(1) The Department shall issue a standard written
432432 6 policy for each institution and facility of the Department
433433 7 that provides for:
434434 8 (A) the number of in-person visits each committed
435435 9 person is entitled to per week and per month including the
436436 10 requirements of subsection (f) of this Section;
437437 11 (B) the hours of in-person visits;
438438 12 (C) the type of identification required for visitors
439439 13 at least 18 years of age; and
440440 14 (D) the type of identification, if any, required for
441441 15 visitors under 18 years of age.
442442 16 (2) This policy shall be posted on the Department website
443443 17 and at each facility.
444444 18 (3) The Department shall post on its website daily any
445445 19 restrictions or denials of visitation for that day and the
446446 20 succeeding 5 calendar days, including those based on a
447447 21 lockdown of the facility, to inform family members and other
448448 22 visitors.
449449 23 (g) All institutions and facilities of the Department
450450 24 shall permit religious ministrations and sacraments to be
451451 25 available to every committed person, but attendance at
452452 26 religious services shall not be required.
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463463 1 (h) Within 90 days after December 31, 1996, the Department
464464 2 shall prohibit the use of curtains, cell-coverings, or any
465465 3 other matter or object that obstructs or otherwise impairs the
466466 4 line of vision into a committed person's cell.
467467 5 (i) A point of contact person appointed under subsection
468468 6 (u-6) of Section 3-2-2 of this Code shall promptly and
469469 7 efficiently review suggestions, complaints, and other requests
470470 8 made by visitors to institutions and facilities of the
471471 9 Department and by other members of the public. Based on the
472472 10 nature of the submission, the point of contact person shall
473473 11 communicate with the appropriate division of the Department,
474474 12 disseminate the concern or complaint, and act as liaison
475475 13 between the parties to reach a resolution.
476476 14 (1) The point of contact person shall maintain
477477 15 information about the subject matter of each
478478 16 correspondence, including, but not limited to, information
479479 17 about the following subjects:
480480 18 (A) the parties making the submission;
481481 19 (B) any commissary-related concerns;
482482 20 (C) any concerns about the institution or
483483 21 facility's COVID protocols and mitigations;
484484 22 (D) any concerns about mail, video, or electronic
485485 23 messages or other communications with incarcerated
486486 24 persons;
487487 25 (E) any concerns about the institution or
488488 26 facility;
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499499 1 (F) any discipline-related concerns;
500500 2 (G) any concerns about earned sentencing credits;
501501 3 (H) any concerns about educational opportunities
502502 4 for incarcerated persons;
503503 5 (I) any concerns about health-related matters;
504504 6 (J) any mental health concerns;
505505 7 (K) any concerns about personal property;
506506 8 (L) any concerns about the records of the
507507 9 incarcerated person;
508508 10 (M) any concerns about recreational opportunities
509509 11 for incarcerated persons;
510510 12 (N) any staffing-related concerns;
511511 13 (O) any concerns about the transfer of individuals
512512 14 in custody;
513513 15 (P) any concerns about visitation; and
514514 16 (Q) any concerns about work opportunities for
515515 17 incarcerated persons.
516516 18 The information shall be maintained in accordance with
517517 19 standards set by the Department of Corrections, and shall
518518 20 be made available to the Department's Planning and
519519 21 Research Division. The point of contact person shall
520520 22 provide a summary of the results of the review, including
521521 23 any resolution or recommendations made as a result of
522522 24 correspondence with the Planning and Research Division of
523523 25 the Department.
524524 26 (2) The Department shall provide an annual written
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535535 1 report to the General Assembly and the Governor, with the
536536 2 first report due no later than January 1, 2023, and
537537 3 publish the report on its website within 48 hours after
538538 4 the report is transmitted to the Governor and the General
539539 5 Assembly. The report shall include a summary of activities
540540 6 undertaken and completed as a result of submissions to the
541541 7 point of contact person. The Department of Corrections
542542 8 shall collect and report the following aggregated and
543543 9 disaggregated data for each institution and facility and
544544 10 describe:
545545 11 (A) the work of the point of contact person;
546546 12 (B) the general nature of suggestions, complaints,
547547 13 and other requests submitted to the point of contact
548548 14 person;
549549 15 (C) the volume of emails, calls, letters, and
550550 16 other correspondence received by the point of contact
551551 17 person;
552552 18 (D) the resolutions reached or recommendations
553553 19 made as a result of the point of contact person's
554554 20 review;
555555 21 (E) whether, if an investigation is recommended, a
556556 22 report of the complaint was forwarded to the Chief
557557 23 Inspector of the Department or other Department
558558 24 employee, and the resolution of the complaint, and if
559559 25 the investigation has not concluded, a detailed status
560560 26 report on the complaint; and
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571571 1 (F) any recommendations that the point of contact
572572 2 person has relating to systemic issues in the
573573 3 Department of Corrections, and any other matters for
574574 4 consideration by the General Assembly and the
575575 5 Governor.
576576 6 The name, address, or other personally identifiable
577577 7 information of a person who files a complaint, suggestion,
578578 8 or other request with the point of contact person, and
579579 9 confidential records shall be redacted from the annual
580580 10 report and are not subject to disclosure under the Freedom
581581 11 of Information Act. The Department shall disclose the
582582 12 records only if required by a court order on a showing of
583583 13 good cause.
584584 14 (3) The Department must post in a conspicuous place in
585585 15 the waiting area of every facility or institution a sign
586586 16 that contains in bold, black type the following:
587587 17 (A) a short statement notifying visitors of the
588588 18 point of contact person and that person's duty to
589589 19 receive suggestions, complaints, or other requests;
590590 20 and
591591 21 (B) information on how to submit suggestions,
592592 22 complaints, or other requests to the point of contact
593593 23 person.
594594 24 (j) (i) Menstrual hygiene products shall be available, as
595595 25 needed, free of charge, at all institutions and facilities of
596596 26 the Department for all committed persons who menstruate. In
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607607 1 this subsection (j) (i), "menstrual hygiene products" means
608608 2 tampons and sanitary napkins for use in connection with the
609609 3 menstrual cycle.
610610 4 (Source: P.A. 102-1082, eff. 6-10-22; 102-1111, eff. 6-1-23;
611611 5 revised 1-8-23.)
612612 6 Section 95. No acceleration or delay. Where this Act makes
613613 7 changes in a statute that is represented in this Act by text
614614 8 that is not yet or no longer in effect (for example, a Section
615615 9 represented by multiple versions), the use of that text does
616616 10 not accelerate or delay the taking effect of (i) the changes
617617 11 made by this Act or (ii) provisions derived from any other
618618 12 Public Act.
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