Illinois 2025-2026 Regular Session

Illinois House Bill HB0050 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0050 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-2-2.5 new730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2 Amends the Unified Code of Corrections. Provides that the Department of Corrections shall create and implement a policy of electronic scanning and processing of all incoming mail in all Department of Corrections institutions and facilities, including the use of drug interdiction technologies to protect the health and safety of committed persons, the Department's staff, and its contractors. Provides that the policy shall require that mail processed electronically shall be available to committed persons only through kiosk and tablet services. Provides that the policy shall require that the mail be held in storage for a period of time by the correctional institution or facility or destroyed, as determined by the Director of Corrections. Provides that the Department shall adopt rules to implement this provision. Effective immediately. LRB104 03551 RLC 13574 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0050 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-2-2.5 new730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2 730 ILCS 5/3-2-2.5 new 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2 Amends the Unified Code of Corrections. Provides that the Department of Corrections shall create and implement a policy of electronic scanning and processing of all incoming mail in all Department of Corrections institutions and facilities, including the use of drug interdiction technologies to protect the health and safety of committed persons, the Department's staff, and its contractors. Provides that the policy shall require that mail processed electronically shall be available to committed persons only through kiosk and tablet services. Provides that the policy shall require that the mail be held in storage for a period of time by the correctional institution or facility or destroyed, as determined by the Director of Corrections. Provides that the Department shall adopt rules to implement this provision. Effective immediately. LRB104 03551 RLC 13574 b LRB104 03551 RLC 13574 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0050 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
33 730 ILCS 5/3-2-2.5 new730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2 730 ILCS 5/3-2-2.5 new 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
44 730 ILCS 5/3-2-2.5 new
55 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
66 Amends the Unified Code of Corrections. Provides that the Department of Corrections shall create and implement a policy of electronic scanning and processing of all incoming mail in all Department of Corrections institutions and facilities, including the use of drug interdiction technologies to protect the health and safety of committed persons, the Department's staff, and its contractors. Provides that the policy shall require that mail processed electronically shall be available to committed persons only through kiosk and tablet services. Provides that the policy shall require that the mail be held in storage for a period of time by the correctional institution or facility or destroyed, as determined by the Director of Corrections. Provides that the Department shall adopt rules to implement this provision. Effective immediately.
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1212 1 AN ACT concerning criminal law.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Unified Code of Corrections is amended by
1616 5 changing Section 3-7-2 and by adding Section 3-2-2.5 as
1717 6 follows:
1818 7 (730 ILCS 5/3-2-2.5 new)
1919 8 Sec. 3-2-2.5. Department of Corrections; electronic
2020 9 scanning of committed person mail. The Department of
2121 10 Corrections shall create and implement a policy of electronic
2222 11 scanning and processing of all incoming mail in all Department
2323 12 of Corrections institutions and facilities, including the use
2424 13 of drug interdiction technologies to protect the health and
2525 14 safety of committed persons, the Department's staff, and its
2626 15 contractors from the potential receipt or exposure to any
2727 16 contraband, including drugs, chemicals, or toxic substances.
2828 17 The policy shall require that mail processed electronically
2929 18 shall be available to committed persons only through kiosk and
3030 19 tablet services. The policy shall require that the mail be
3131 20 held in storage for a period of time by the correctional
3232 21 institution or facility or destroyed, as determined by the
3333 22 Director of Corrections. The Department shall adopt rules to
3434 23 implement this Section.
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0050 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
3939 730 ILCS 5/3-2-2.5 new730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2 730 ILCS 5/3-2-2.5 new 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
4040 730 ILCS 5/3-2-2.5 new
4141 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
4242 Amends the Unified Code of Corrections. Provides that the Department of Corrections shall create and implement a policy of electronic scanning and processing of all incoming mail in all Department of Corrections institutions and facilities, including the use of drug interdiction technologies to protect the health and safety of committed persons, the Department's staff, and its contractors. Provides that the policy shall require that mail processed electronically shall be available to committed persons only through kiosk and tablet services. Provides that the policy shall require that the mail be held in storage for a period of time by the correctional institution or facility or destroyed, as determined by the Director of Corrections. Provides that the Department shall adopt rules to implement this provision. Effective immediately.
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7171 1 (730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
7272 2 Sec. 3-7-2. Facilities.
7373 3 (a) All institutions and facilities of the Department
7474 4 shall provide every committed person with access to toilet
7575 5 facilities, barber facilities, bathing facilities at least
7676 6 once each week, a library of legal materials and published
7777 7 materials including newspapers and magazines approved by the
7878 8 Director. A committed person may not receive any materials
7979 9 that the Director deems pornographic.
8080 10 (b) (Blank).
8181 11 (c) All institutions and facilities of the Department
8282 12 shall provide facilities for every committed person to leave
8383 13 his cell for at least one hour each day unless the chief
8484 14 administrative officer determines that it would be harmful or
8585 15 dangerous to the security or safety of the institution or
8686 16 facility.
8787 17 (d) All institutions and facilities of the Department
8888 18 shall provide every committed person with a wholesome and
8989 19 nutritional diet at regularly scheduled hours, drinking water,
9090 20 clothing adequate for the season, including underwear,
9191 21 bedding, soap, and towels, and medical and dental care.
9292 22 Underwear provided to each committed person in all
9393 23 institutions and facilities of the Department shall be free of
9494 24 charge and shall be provided at any time upon request,
9595 25 including multiple requests, of the committed person or as
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106106 1 needed by the committed person.
107107 2 (e) Except as otherwise provided in this subsection (e),
108108 3 all All institutions and facilities of the Department shall
109109 4 permit every committed person to send and receive an unlimited
110110 5 number of uncensored letters. The , provided, however, that
111111 6 the Director may order that mail be inspected and read for
112112 7 reasons of the security, safety, or morale of the institution
113113 8 or facility. Mail shall only be received by committed persons
114114 9 in electronic form in the manner provided by a rule adopted
115115 10 under Section 3-2-2.
116116 11 (f) All of the institutions and facilities of the
117117 12 Department shall permit every committed person to receive
118118 13 in-person visitors and video contact, if available, except in
119119 14 case of abuse of the visiting privilege or when the chief
120120 15 administrative officer determines that such visiting would be
121121 16 harmful or dangerous to the security, safety or morale of the
122122 17 institution or facility. Each committed person is entitled to
123123 18 7 visits per month. Every committed person may submit a list of
124124 19 at least 30 persons to the Department that are authorized to
125125 20 visit the committed person. The list shall be kept in an
126126 21 electronic format by the Department beginning on August 1,
127127 22 2019, as well as available in paper form for Department
128128 23 employees. The chief administrative officer shall have the
129129 24 right to restrict visitation to non-contact visits, video, or
130130 25 other forms of non-contact visits for reasons of safety,
131131 26 security, and order, including, but not limited to,
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142142 1 restricting contact visits for committed persons engaged in
143143 2 gang activity. No committed person in a super maximum security
144144 3 facility or on disciplinary segregation is allowed contact
145145 4 visits. Any committed person found in possession of illegal
146146 5 drugs or who fails a drug test shall not be permitted contact
147147 6 visits for a period of at least 6 months. Any committed person
148148 7 involved in gang activities or found guilty of assault
149149 8 committed against a Department employee shall not be permitted
150150 9 contact visits for a period of at least 6 months. The
151151 10 Department shall offer every visitor appropriate written
152152 11 information concerning HIV and AIDS, including information
153153 12 concerning how to contact the Illinois Department of Public
154154 13 Health for counseling information. The Department shall
155155 14 develop the written materials in consultation with the
156156 15 Department of Public Health. The Department shall ensure that
157157 16 all such information and materials are culturally sensitive
158158 17 and reflect cultural diversity as appropriate. Implementation
159159 18 of the changes made to this Section by Public Act 94-629 is
160160 19 subject to appropriation. The Department shall seek the lowest
161161 20 possible cost to provide video calling and shall charge to the
162162 21 extent of recovering any demonstrated costs of providing video
163163 22 calling. The Department shall not make a commission or profit
164164 23 from video calling services. Nothing in this Section shall be
165165 24 construed to permit video calling instead of in-person
166166 25 visitation.
167167 26 (f-5) (Blank).
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178178 1 (f-10) The Department may not restrict or limit in-person
179179 2 visits to committed persons due to the availability of
180180 3 interactive video conferences.
181181 4 (f-15)(1) The Department shall issue a standard written
182182 5 policy for each institution and facility of the Department
183183 6 that provides for:
184184 7 (A) the number of in-person visits each committed
185185 8 person is entitled to per week and per month including the
186186 9 requirements of subsection (f) of this Section;
187187 10 (B) the hours of in-person visits;
188188 11 (C) the type of identification required for visitors
189189 12 at least 18 years of age; and
190190 13 (D) the type of identification, if any, required for
191191 14 visitors under 18 years of age.
192192 15 (2) This policy shall be posted on the Department website
193193 16 and at each facility.
194194 17 (3) The Department shall post on its website daily any
195195 18 restrictions or denials of visitation for that day and the
196196 19 succeeding 5 calendar days, including those based on a
197197 20 lockdown of the facility, to inform family members and other
198198 21 visitors.
199199 22 (g) All institutions and facilities of the Department
200200 23 shall permit religious ministrations and sacraments to be
201201 24 available to every committed person, but attendance at
202202 25 religious services shall not be required. This subsection (g)
203203 26 is subject to the provisions of the Faith Behind Bars Act.
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214214 1 (h) Within 90 days after December 31, 1996, the Department
215215 2 shall prohibit the use of curtains, cell-coverings, or any
216216 3 other matter or object that obstructs or otherwise impairs the
217217 4 line of vision into a committed person's cell.
218218 5 (i) A point of contact person appointed under subsection
219219 6 (u-6) of Section 3-2-2 of this Code shall promptly and
220220 7 efficiently review suggestions, complaints, and other requests
221221 8 made by visitors to institutions and facilities of the
222222 9 Department and by other members of the public. Based on the
223223 10 nature of the submission, the point of contact person shall
224224 11 communicate with the appropriate division of the Department,
225225 12 disseminate the concern or complaint, and act as liaison
226226 13 between the parties to reach a resolution.
227227 14 (1) The point of contact person shall maintain
228228 15 information about the subject matter of each
229229 16 correspondence, including, but not limited to, information
230230 17 about the following subjects:
231231 18 (A) the parties making the submission;
232232 19 (B) any commissary-related concerns;
233233 20 (C) any concerns about the institution or
234234 21 facility's COVID-19 COVID protocols and mitigations;
235235 22 (D) any concerns about mail, video, or electronic
236236 23 messages or other communications with incarcerated
237237 24 persons;
238238 25 (E) any concerns about the institution or
239239 26 facility;
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250250 1 (F) any discipline-related concerns;
251251 2 (G) any concerns about earned sentencing credits;
252252 3 (H) any concerns about educational opportunities
253253 4 for incarcerated persons;
254254 5 (I) any concerns about health-related matters;
255255 6 (J) any mental health concerns;
256256 7 (K) any concerns about personal property;
257257 8 (L) any concerns about the records of the
258258 9 incarcerated person;
259259 10 (M) any concerns about recreational opportunities
260260 11 for incarcerated persons;
261261 12 (N) any staffing-related concerns;
262262 13 (O) any concerns about the transfer of individuals
263263 14 in custody;
264264 15 (P) any concerns about visitation; and
265265 16 (Q) any concerns about work opportunities for
266266 17 incarcerated persons.
267267 18 The information shall be maintained in accordance with
268268 19 standards set by the Department of Corrections, and shall
269269 20 be made available to the Department's Planning and
270270 21 Research Division. The point of contact person shall
271271 22 provide a summary of the results of the review, including
272272 23 any resolution or recommendations made as a result of
273273 24 correspondence with the Planning and Research Division of
274274 25 the Department.
275275 26 (2) The Department shall provide an annual written
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286286 1 report to the General Assembly and the Governor, with the
287287 2 first report due no later than January 1, 2023, and
288288 3 publish the report on its website within 48 hours after
289289 4 the report is transmitted to the Governor and the General
290290 5 Assembly. The report shall include a summary of activities
291291 6 undertaken and completed as a result of submissions to the
292292 7 point of contact person. The Department of Corrections
293293 8 shall collect and report the following aggregated and
294294 9 disaggregated data for each institution and facility and
295295 10 describe:
296296 11 (A) the work of the point of contact person;
297297 12 (B) the general nature of suggestions, complaints,
298298 13 and other requests submitted to the point of contact
299299 14 person;
300300 15 (C) the volume of emails, calls, letters, and
301301 16 other correspondence received by the point of contact
302302 17 person;
303303 18 (D) the resolutions reached or recommendations
304304 19 made as a result of the point of contact person's
305305 20 review;
306306 21 (E) whether, if an investigation is recommended, a
307307 22 report of the complaint was forwarded to the Chief
308308 23 Inspector of the Department or other Department
309309 24 employee, and the resolution of the complaint, and if
310310 25 the investigation has not concluded, a detailed status
311311 26 report on the complaint; and
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322322 1 (F) any recommendations that the point of contact
323323 2 person has relating to systemic issues in the
324324 3 Department of Corrections, and any other matters for
325325 4 consideration by the General Assembly and the
326326 5 Governor.
327327 6 The name, address, or other personally identifiable
328328 7 information of a person who files a complaint, suggestion,
329329 8 or other request with the point of contact person, and
330330 9 confidential records shall be redacted from the annual
331331 10 report and are not subject to disclosure under the Freedom
332332 11 of Information Act. The Department shall disclose the
333333 12 records only if required by a court order on a showing of
334334 13 good cause.
335335 14 (3) The Department must post in a conspicuous place in
336336 15 the waiting area of every facility or institution a sign
337337 16 that contains in bold, black type the following:
338338 17 (A) a short statement notifying visitors of the
339339 18 point of contact person and that person's duty to
340340 19 receive suggestions, complaints, or other requests;
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342342 21 (B) information on how to submit suggestions,
343343 22 complaints, or other requests to the point of contact
344344 23 person.
345345 24 (j) Menstrual hygiene products shall be available, as
346346 25 needed, free of charge, at all institutions and facilities of
347347 26 the Department for all committed persons who menstruate. In
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358358 1 this subsection (j), "menstrual hygiene products" means
359359 2 tampons and sanitary napkins for use in connection with the
360360 3 menstrual cycle.
361361 4 (Source: P.A. 102-1082, eff. 6-10-22; 102-1111, eff. 6-1-23;
362362 5 103-154, eff. 6-30-23; 103-331, eff. 1-1-24; revised 7-22-24.)
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