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91_HB0777enr
HB0777 Enrolled LRB9103133RCks
1 AN ACT in relation to prisoners.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Nursing Home Care Act is amended by
5 adding Section 2-216 as follows:
6 (210 ILCS 45/2-216 new)
7 Sec. 2-216. The provisions of this Article II do not
8 apply to committed persons, as defined in Section 3-1-2 of
9 the Unified Code of Corrections, who reside in a nursing
10 facility licensed under this Act. Committed persons are
11 entitled to all rights and protections as provided under the
12 Unified Code of Corrections, the Juvenile Court Act of 1987,
13 and the Americans With Disabilities Act of 1990 (42 USC 12101
14 et seq.) and the regulations promulgated under that Act.
15 Section 10. The Unified Code of Corrections is amended
16 by changing Section 3-6-2 as follows:
17 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
18 Sec. 3-6-2. Institutions and Facility Administration.
19 (a) Each institution and facility of the Department
20 shall be administered by a chief administrative officer
21 appointed by the Director. A chief administrative officer
22 shall be responsible for all persons assigned to the
23 institution or facility. The chief administrative officer
24 shall administer the programs of the Department for the
25 custody and treatment of such persons.
26 (b) The chief administrative officer shall have such
27 assistants as the Department may assign.
28 (c) The Director or Assistant Director shall have the
29 emergency powers to temporarily transfer individuals without
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1 formal procedures to any State, county, municipal or regional
2 correctional or detention institution or facility in the
3 State, subject to the acceptance of such receiving
4 institution or facility, or to designate any reasonably
5 secure place in the State as such an institution or facility
6 and to make transfers thereto. However, transfers made under
7 emergency powers shall be reviewed as soon as practicable
8 under Article 8, and shall be subject to Section 5-905 of the
9 Juvenile Court Act of 1987. This Section shall not apply to
10 transfers to the Department of Human Services which are
11 provided for under Section 3-8-5 or Section 3-10-5.
12 (d) The Department shall provide educational programs
13 for all committed persons so that all persons have an
14 opportunity to attain the achievement level equivalent to the
15 completion of the twelfth grade in the public school system
16 in this State. Other higher levels of attainment shall be
17 encouraged and professional instruction shall be maintained
18 wherever possible. The Department may establish programs of
19 mandatory education and may establish rules and regulations
20 for the administration of such programs. A person committed
21 to the Department who, during the period of his or her
22 incarceration, participates in an educational program
23 provided by or through the Department and through that
24 program is awarded or earns the number of hours of credit
25 required for the award of an associate, baccalaureate, or
26 higher degree from a community college, college, or
27 university located in Illinois shall reimburse the State,
28 through the Department, for the costs incurred by the State
29 in providing that person during his or her incarceration with
30 the education that qualifies him or her for the award of that
31 degree. The costs for which reimbursement is required under
32 this subsection shall be determined and computed by the
33 Department under rules and regulations that it shall
34 establish for that purpose. However, interest at the rate of
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1 6% per annum shall be charged on the balance of those costs
2 from time to time remaining unpaid, from the date of the
3 person's parole, mandatory supervised release, or release
4 constituting a final termination of his or her commitment to
5 the Department until paid.
6 (e) A person committed to the Department who becomes in
7 need of medical or surgical treatment but is incapable of
8 giving consent thereto shall receive such medical or surgical
9 treatment by the chief administrative officer consenting on
10 the person's behalf. Before the chief administrative officer
11 consents, he or she shall obtain the advice of one or more
12 physicians licensed to practice medicine in all its branches
13 in this State. If such physician or physicians advise:
14 (1) that immediate medical or surgical treatment is
15 required relative to a condition threatening to cause
16 death, damage or impairment to bodily functions, or
17 disfigurement; and
18 (2) that the person is not capable of giving
19 consent to such treatment; the chief administrative
20 officer may give consent for such medical or surgical
21 treatment, and such consent shall be deemed to be the
22 consent of the person for all purposes, including, but
23 not limited to, the authority of a physician to give such
24 treatment.
25 (f) In the event that the person requires medical care
26 and treatment at a place other than the institution or
27 facility, the person may be removed therefrom under
28 conditions prescribed by the Department. The Department shall
29 require the committed person receiving medical or dental
30 services on a non-emergency basis to pay a $2 co-payment to
31 the Department for each visit for medical or dental services
32 at a place other than the institution or facility. The
33 amount of each co-payment shall be deducted from the
34 committed person's individual account. A committed person who
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1 is indigent is exempt from the $2 co-payment and is entitled
2 to receive medical or dental services on the same basis as a
3 committed person who is financially able to afford the
4 co-payment. A committed person in need of long-term care due
5 to age, chronic infirmity, or disability, or any combination
6 of these conditions, may be removed from an institution or
7 facility under conditions prescribed by the Department. Any
8 nursing facility that accepts these committed persons must
9 first obtain approval from the municipality in which the
10 facility is located. A nursing facility that accepts these
11 committed persons may not be located in a residential
12 neighborhood. The Department must consider the seriousness of
13 the offense committed by the person and the person's current
14 medical condition, age, disability, prognosis, and prison
15 record in determining whether to transfer the person under
16 this Section. A committed person who is subject to the
17 provisions of subdivision (a)(2) of Section 3-6-3 of this
18 Code does not qualify for transfer.
19 (g) Any person having sole custody of a child at the
20 time of commitment or any woman giving birth to a child after
21 her commitment, may arrange through the Department of
22 Children and Family Services for suitable placement of the
23 child outside of the Department of Corrections. The Director
24 of the Department of Corrections may determine that there are
25 special reasons why the child should continue in the custody
26 of the mother until the child is 6 years old.
27 (h) The Department may provide Family Responsibility
28 Services which may consist of, but not be limited to the
29 following:
30 (1) family advocacy counseling;
31 (2) parent self-help group;
32 (3) parenting skills training;
33 (4) parent and child overnight program;
34 (5) parent and child reunification counseling,
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1 either separately or together, preceding the inmate's
2 release; and
3 (6) a prerelease reunification staffing involving
4 the family advocate, the inmate and the child's
5 counselor, or both and the inmate.
6 (i) Prior to the release of any inmate who has a
7 documented history of intravenous drug use, and upon the
8 receipt of that inmate's written informed consent, the
9 Department shall provide for the testing of such inmate for
10 infection with human immunodeficiency virus (HIV) and any
11 other identified causative agent of acquired immunodeficiency
12 syndrome (AIDS). The testing provided under this subsection
13 shall consist of an enzyme-linked immunosorbent assay (ELISA)
14 test or such other test as may be approved by the Illinois
15 Department of Public Health. If the test result is positive,
16 the Western Blot Assay or more reliable confirmatory test
17 shall be administered. All inmates tested in accordance with
18 the provisions of this subsection shall be provided with
19 pre-test and post-test counseling. Notwithstanding any
20 provision of this subsection to the contrary, the Department
21 shall not be required to conduct the testing and counseling
22 required by this subsection unless sufficient funds to cover
23 all costs of such testing and counseling are appropriated for
24 that purpose by the General Assembly.
25 (Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97;
26 90-14, eff. 7-1-97; 90-590, eff. 1-1-99.)
27 Section 15. The Illinois Prison Inspection Act is
28 amended by changing Section 3 as follows:
29 (730 ILCS 135/3) (from Ch. 38, par. 1103)
30 Sec. 3. The Illinois Department of Public Health may,
31 with the cooperation of the Department of Corrections,
32 inspect all institutional facilities of the Department of
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1 Corrections used to incarcerate committed persons and report
2 to the Director of Corrections as to the sanitary conditions
3 and needs of the institutions and the medical facilities and
4 services available. The Department of Public Health may also
5 inspect hospitals and nursing facilities in which committed
6 persons reside to ensure that those facilities meet
7 applicable State regulations.
8 (Source: P.A. 87-860.)
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