Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1641 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1641 Introduced 2/5/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2730 ILCS 5/3-7-2.1 new Amends the Unified Code of Corrections. Provides that the Department of Corrections shall achieve 100% scanning capacity of all mail arriving at each correctional institution and facility not later than 180 days after the effective date of the amendatory Act. Provides that the Department shall utilize all means necessary to achieve synthetic drug interdiction in order to: (1) protect staff and committed persons from exposure to synthetic drugs and opioids introduced to correctional institutions and facilities through the mail; and (2) ensure that after a piece of mail is received at a correctional institution or facility, each committed person receives a digital copy of any mail that is addressed to the committed person. Provides that the Department shall adopt rules regarding the delivery of mail and mail scanning services necessary to achieve the scanning capacity described in this provision. Provides that beginning one year after the date on which the strategy is submitted under this provision, and each year thereafter, the Director of Corrections shall submit to the Governor and General Assembly a report on the total quantity of detected synthetic drugs and opioids. Contains a findings provision. LRB104 02958 RLC 12986 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1641 Introduced 2/5/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2730 ILCS 5/3-7-2.1 new 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2 730 ILCS 5/3-7-2.1 new Amends the Unified Code of Corrections. Provides that the Department of Corrections shall achieve 100% scanning capacity of all mail arriving at each correctional institution and facility not later than 180 days after the effective date of the amendatory Act. Provides that the Department shall utilize all means necessary to achieve synthetic drug interdiction in order to: (1) protect staff and committed persons from exposure to synthetic drugs and opioids introduced to correctional institutions and facilities through the mail; and (2) ensure that after a piece of mail is received at a correctional institution or facility, each committed person receives a digital copy of any mail that is addressed to the committed person. Provides that the Department shall adopt rules regarding the delivery of mail and mail scanning services necessary to achieve the scanning capacity described in this provision. Provides that beginning one year after the date on which the strategy is submitted under this provision, and each year thereafter, the Director of Corrections shall submit to the Governor and General Assembly a report on the total quantity of detected synthetic drugs and opioids. Contains a findings provision. LRB104 02958 RLC 12986 b LRB104 02958 RLC 12986 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1641 Introduced 2/5/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
3	3	730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2730 ILCS 5/3-7-2.1 new 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2 730 ILCS 5/3-7-2.1 new
4	4	730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
5	5	730 ILCS 5/3-7-2.1 new
6	6	Amends the Unified Code of Corrections. Provides that the Department of Corrections shall achieve 100% scanning capacity of all mail arriving at each correctional institution and facility not later than 180 days after the effective date of the amendatory Act. Provides that the Department shall utilize all means necessary to achieve synthetic drug interdiction in order to: (1) protect staff and committed persons from exposure to synthetic drugs and opioids introduced to correctional institutions and facilities through the mail; and (2) ensure that after a piece of mail is received at a correctional institution or facility, each committed person receives a digital copy of any mail that is addressed to the committed person. Provides that the Department shall adopt rules regarding the delivery of mail and mail scanning services necessary to achieve the scanning capacity described in this provision. Provides that beginning one year after the date on which the strategy is submitted under this provision, and each year thereafter, the Director of Corrections shall submit to the Governor and General Assembly a report on the total quantity of detected synthetic drugs and opioids. Contains a findings provision.
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8	8	LRB104 02958 RLC 12986 b
9	9	A BILL FOR
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12	12	1 AN ACT concerning criminal law.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Legislative findings. The General Assembly
16	16	5 finds that:
17	17	6 (1) the Illinois Department of Corrections operates over
18	18	7 20 adult correctional centers as well as boot camps, work
19	19	8 camps and adult transition centers throughout the State,
20	20	9 employs approximately 13,000 employees, and is responsible for
21	21	10 more for the management of nearly 30,000 adult committed
22	22	11 persons;
23	23	12 (2) committed person mail is a primary entry point for
24	24	13 smuggling drugs into correctional institutions and facilities,
25	25	14 with tainted mail incidents on the rise;
26	26	15 (3) elimination of dangerous contraband, including
27	27	16 synthetic drugs, in mail is essential to protecting the health
28	28	17 and safety of employees and committed persons within the
29	29	18 Department;
30	30	19 (4) correctional institutions and facilities of the
31	31	20 Department are becoming increasingly dangerous, with a rise in
32	32	21 drug exposures in recent years;
33	33	22 (5) the introduction of synthetic drugs, particularly
34	34	23 fentanyl and fentanyl analogs, into correctional institutions
35	35	24 and facilities by mail threatens employees, committed persons,
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39	39	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1641 Introduced 2/5/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
40	40	730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2730 ILCS 5/3-7-2.1 new 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2 730 ILCS 5/3-7-2.1 new
41	41	730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
42	42	730 ILCS 5/3-7-2.1 new
43	43	Amends the Unified Code of Corrections. Provides that the Department of Corrections shall achieve 100% scanning capacity of all mail arriving at each correctional institution and facility not later than 180 days after the effective date of the amendatory Act. Provides that the Department shall utilize all means necessary to achieve synthetic drug interdiction in order to: (1) protect staff and committed persons from exposure to synthetic drugs and opioids introduced to correctional institutions and facilities through the mail; and (2) ensure that after a piece of mail is received at a correctional institution or facility, each committed person receives a digital copy of any mail that is addressed to the committed person. Provides that the Department shall adopt rules regarding the delivery of mail and mail scanning services necessary to achieve the scanning capacity described in this provision. Provides that beginning one year after the date on which the strategy is submitted under this provision, and each year thereafter, the Director of Corrections shall submit to the Governor and General Assembly a report on the total quantity of detected synthetic drugs and opioids. Contains a findings provision.
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46	46	A BILL FOR
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52	52	730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
53	53	730 ILCS 5/3-7-2.1 new
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72	72	1 and the security of correctional institutions and facilities;
73	73	2 (6) the foregoing factors add tremendous pressures and
74	74	3 workloads that further burden existing employees;
75	75	4 (7) employees at correctional institutions and facilities
76	76	5 as well as AFSCME continue to request drug interdiction
77	77	6 technologies to protect themselves and committed persons; and
78	78	7 (8) apart from digital mail scanning, there is no widely
79	79	8 deployed interdiction technology to detect fentanyl, and other
80	80	9 synthetic drugs, arriving through the mail at Department
81	81	10 institutions and facilities.
82	82	11 Section 5. The Unified Code of Corrections is amended by
83	83	12 changing Section 3-7-2 and by adding Section 3-7-2.1 as
84	84	13 follows:
85	85	14 (730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
86	86	15 Sec. 3-7-2. Facilities.
87	87	16 (a) All institutions and facilities of the Department
88	88	17 shall provide every committed person with access to toilet
89	89	18 facilities, barber facilities, bathing facilities at least
90	90	19 once each week, a library of legal materials and published
91	91	20 materials including newspapers and magazines approved by the
92	92	21 Director. A committed person may not receive any materials
93	93	22 that the Director deems pornographic.
94	94	23 (b) (Blank).
95	95	24 (c) All institutions and facilities of the Department
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106	106	1 shall provide facilities for every committed person to leave
107	107	2 his cell for at least one hour each day unless the chief
108	108	3 administrative officer determines that it would be harmful or
109	109	4 dangerous to the security or safety of the institution or
110	110	5 facility.
111	111	6 (d) All institutions and facilities of the Department
112	112	7 shall provide every committed person with a wholesome and
113	113	8 nutritional diet at regularly scheduled hours, drinking water,
114	114	9 clothing adequate for the season, including underwear,
115	115	10 bedding, soap, and towels, and medical and dental care.
116	116	11 Underwear provided to each committed person in all
117	117	12 institutions and facilities of the Department shall be free of
118	118	13 charge and shall be provided at any time upon request,
119	119	14 including multiple requests, of the committed person or as
120	120	15 needed by the committed person.
121	121	16 (e) All institutions and facilities of the Department
122	122	17 shall permit every committed person to send and receive an
123	123	18 unlimited number of uncensored letters, provided, however,
124	124	19 that the Director shall may order that mail be inspected,
125	125	20 electronically scanned, and read for reasons of the security,
126	126	21 safety, or morale of the institution or facility.
127	127	22 (f) All of the institutions and facilities of the
128	128	23 Department shall permit every committed person to receive
129	129	24 in-person visitors and video contact, if available, except in
130	130	25 case of abuse of the visiting privilege or when the chief
131	131	26 administrative officer determines that such visiting would be
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142	142	1 harmful or dangerous to the security, safety or morale of the
143	143	2 institution or facility. Each committed person is entitled to
144	144	3 7 visits per month. Every committed person may submit a list of
145	145	4 at least 30 persons to the Department that are authorized to
146	146	5 visit the committed person. The list shall be kept in an
147	147	6 electronic format by the Department beginning on August 1,
148	148	7 2019, as well as available in paper form for Department
149	149	8 employees. The chief administrative officer shall have the
150	150	9 right to restrict visitation to non-contact visits, video, or
151	151	10 other forms of non-contact visits for reasons of safety,
152	152	11 security, and order, including, but not limited to,
153	153	12 restricting contact visits for committed persons engaged in
154	154	13 gang activity. No committed person in a super maximum security
155	155	14 facility or on disciplinary segregation is allowed contact
156	156	15 visits. Any committed person found in possession of illegal
157	157	16 drugs or who fails a drug test shall not be permitted contact
158	158	17 visits for a period of at least 6 months. Any committed person
159	159	18 involved in gang activities or found guilty of assault
160	160	19 committed against a Department employee shall not be permitted
161	161	20 contact visits for a period of at least 6 months. The
162	162	21 Department shall offer every visitor appropriate written
163	163	22 information concerning HIV and AIDS, including information
164	164	23 concerning how to contact the Illinois Department of Public
165	165	24 Health for counseling information. The Department shall
166	166	25 develop the written materials in consultation with the
167	167	26 Department of Public Health. The Department shall ensure that
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178	178	1 all such information and materials are culturally sensitive
179	179	2 and reflect cultural diversity as appropriate. Implementation
180	180	3 of the changes made to this Section by Public Act 94-629 is
181	181	4 subject to appropriation. The Department shall seek the lowest
182	182	5 possible cost to provide video calling and shall charge to the
183	183	6 extent of recovering any demonstrated costs of providing video
184	184	7 calling. The Department shall not make a commission or profit
185	185	8 from video calling services. Nothing in this Section shall be
186	186	9 construed to permit video calling instead of in-person
187	187	10 visitation.
188	188	11 (f-5) (Blank).
189	189	12 (f-10) The Department may not restrict or limit in-person
190	190	13 visits to committed persons due to the availability of
191	191	14 interactive video conferences.
192	192	15 (f-15)(1) The Department shall issue a standard written
193	193	16 policy for each institution and facility of the Department
194	194	17 that provides for:
195	195	18 (A) the number of in-person visits each committed
196	196	19 person is entitled to per week and per month including the
197	197	20 requirements of subsection (f) of this Section;
198	198	21 (B) the hours of in-person visits;
199	199	22 (C) the type of identification required for visitors
200	200	23 at least 18 years of age; and
201	201	24 (D) the type of identification, if any, required for
202	202	25 visitors under 18 years of age.
203	203	26 (2) This policy shall be posted on the Department website
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214	214	1 and at each facility.
215	215	2 (3) The Department shall post on its website daily any
216	216	3 restrictions or denials of visitation for that day and the
217	217	4 succeeding 5 calendar days, including those based on a
218	218	5 lockdown of the facility, to inform family members and other
219	219	6 visitors.
220	220	7 (g) All institutions and facilities of the Department
221	221	8 shall permit religious ministrations and sacraments to be
222	222	9 available to every committed person, but attendance at
223	223	10 religious services shall not be required. This subsection (g)
224	224	11 is subject to the provisions of the Faith Behind Bars Act.
225	225	12 (h) Within 90 days after December 31, 1996, the Department
226	226	13 shall prohibit the use of curtains, cell-coverings, or any
227	227	14 other matter or object that obstructs or otherwise impairs the
228	228	15 line of vision into a committed person's cell.
229	229	16 (i) A point of contact person appointed under subsection
230	230	17 (u-6) of Section 3-2-2 of this Code shall promptly and
231	231	18 efficiently review suggestions, complaints, and other requests
232	232	19 made by visitors to institutions and facilities of the
233	233	20 Department and by other members of the public. Based on the
234	234	21 nature of the submission, the point of contact person shall
235	235	22 communicate with the appropriate division of the Department,
236	236	23 disseminate the concern or complaint, and act as liaison
237	237	24 between the parties to reach a resolution.
238	238	25 (1) The point of contact person shall maintain
239	239	26 information about the subject matter of each
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250	250	1 correspondence, including, but not limited to, information
251	251	2 about the following subjects:
252	252	3 (A) the parties making the submission;
253	253	4 (B) any commissary-related concerns;
254	254	5 (C) any concerns about the institution or
255	255	6 facility's COVID-19 COVID protocols and mitigations;
256	256	7 (D) any concerns about mail, video, or electronic
257	257	8 messages or other communications with incarcerated
258	258	9 persons;
259	259	10 (E) any concerns about the institution or
260	260	11 facility;
261	261	12 (F) any discipline-related concerns;
262	262	13 (G) any concerns about earned sentencing credits;
263	263	14 (H) any concerns about educational opportunities
264	264	15 for incarcerated persons;
265	265	16 (I) any concerns about health-related matters;
266	266	17 (J) any mental health concerns;
267	267	18 (K) any concerns about personal property;
268	268	19 (L) any concerns about the records of the
269	269	20 incarcerated person;
270	270	21 (M) any concerns about recreational opportunities
271	271	22 for incarcerated persons;
272	272	23 (N) any staffing-related concerns;
273	273	24 (O) any concerns about the transfer of individuals
274	274	25 in custody;
275	275	26 (P) any concerns about visitation; and
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286	286	1 (Q) any concerns about work opportunities for
287	287	2 incarcerated persons.
288	288	3 The information shall be maintained in accordance with
289	289	4 standards set by the Department of Corrections, and shall
290	290	5 be made available to the Department's Planning and
291	291	6 Research Division. The point of contact person shall
292	292	7 provide a summary of the results of the review, including
293	293	8 any resolution or recommendations made as a result of
294	294	9 correspondence with the Planning and Research Division of
295	295	10 the Department.
296	296	11 (2) The Department shall provide an annual written
297	297	12 report to the General Assembly and the Governor, with the
298	298	13 first report due no later than January 1, 2023, and
299	299	14 publish the report on its website within 48 hours after
300	300	15 the report is transmitted to the Governor and the General
301	301	16 Assembly. The report shall include a summary of activities
302	302	17 undertaken and completed as a result of submissions to the
303	303	18 point of contact person. The Department of Corrections
304	304	19 shall collect and report the following aggregated and
305	305	20 disaggregated data for each institution and facility and
306	306	21 describe:
307	307	22 (A) the work of the point of contact person;
308	308	23 (B) the general nature of suggestions, complaints,
309	309	24 and other requests submitted to the point of contact
310	310	25 person;
311	311	26 (C) the volume of emails, calls, letters, and
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322	322	1 other correspondence received by the point of contact
323	323	2 person;
324	324	3 (D) the resolutions reached or recommendations
325	325	4 made as a result of the point of contact person's
326	326	5 review;
327	327	6 (E) whether, if an investigation is recommended, a
328	328	7 report of the complaint was forwarded to the Chief
329	329	8 Inspector of the Department or other Department
330	330	9 employee, and the resolution of the complaint, and if
331	331	10 the investigation has not concluded, a detailed status
332	332	11 report on the complaint; and
333	333	12 (F) any recommendations that the point of contact
334	334	13 person has relating to systemic issues in the
335	335	14 Department of Corrections, and any other matters for
336	336	15 consideration by the General Assembly and the
337	337	16 Governor.
338	338	17 The name, address, or other personally identifiable
339	339	18 information of a person who files a complaint, suggestion,
340	340	19 or other request with the point of contact person, and
341	341	20 confidential records shall be redacted from the annual
342	342	21 report and are not subject to disclosure under the Freedom
343	343	22 of Information Act. The Department shall disclose the
344	344	23 records only if required by a court order on a showing of
345	345	24 good cause.
346	346	25 (3) The Department must post in a conspicuous place in
347	347	26 the waiting area of every facility or institution a sign
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358	358	1 that contains in bold, black type the following:
359	359	2 (A) a short statement notifying visitors of the
360	360	3 point of contact person and that person's duty to
361	361	4 receive suggestions, complaints, or other requests;
362	362	5 and
363	363	6 (B) information on how to submit suggestions,
364	364	7 complaints, or other requests to the point of contact
365	365	8 person.
366	366	9 (j) Menstrual hygiene products shall be available, as
367	367	10 needed, free of charge, at all institutions and facilities of
368	368	11 the Department for all committed persons who menstruate. In
369	369	12 this subsection (j), "menstrual hygiene products" means
370	370	13 tampons and sanitary napkins for use in connection with the
371	371	14 menstrual cycle.
372	372	15 (Source: P.A. 102-1082, eff. 6-10-22; 102-1111, eff. 6-1-23;
373	373	16 103-154, eff. 6-30-23; 103-331, eff. 1-1-24; revised 7-22-24.)
374	374	17 (730 ILCS 5/3-7-2.1 new)
375	375	18 Sec. 3-7-2.1. Electronic scanning of committed person
376	376	19 mail.
377	377	20 (a) Scanning and interdiction of synthetic drugs and
378	378	21 contraband in postal mail. The Department shall achieve 100%
379	379	22 scanning capacity of all mail arriving at each correctional
380	380	23 institution and facility not later than 180 days after the
381	381	24 effective date of this amendatory Act of the 104th General
382	382	25 Assembly.
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