Public Act 101-0086
 
HB2045 EnrolledLRB101 08094 SLF 53157 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Unified Code of Corrections is amended  by 
changing Section 3-6-2 as follows:
 
    (730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
    Sec. 3-6-2. Institutions and facility administration.


    (a) Each institution and facility of the Department shall 
be
administered by a chief administrative officer appointed by

the Director.  A chief administrative officer shall be

responsible for all persons assigned to the institution or

facility. The chief administrative officer shall administer

the programs of the Department for the custody and treatment
of 
such persons.


    (b) The chief administrative officer shall have such 
assistants
as the Department may assign.


    (c) The Director or Assistant Director shall have the

emergency powers to temporarily transfer individuals without

formal procedures to any State, county, municipal or regional

correctional or detention institution or facility in the State,

subject to the acceptance of such receiving institution or

facility, or to designate any reasonably secure place in the

State as such an institution or facility and to make transfers

thereto. However, transfers made under emergency powers shall

be reviewed as soon as practicable under Article 8, and shall

be subject to Section 5-905 of the Juvenile Court Act of
1987.  
This Section shall not apply to transfers to the Department of

Human Services which are provided for under
Section 3-8-5 or 
Section 3-10-5.


    (d) The Department shall provide educational programs for 
all
committed persons so that all persons have an opportunity 
to
attain the achievement level equivalent to the completion of

the twelfth grade in the public school system in this State.

Other higher levels of attainment shall be encouraged and

professional instruction shall be maintained wherever 
possible.
The Department may establish programs of mandatory 
education and may
establish rules and regulations for the 
administration of such programs.
A person committed to the 
Department who, during the period of his or her
incarceration, 
participates in an educational program provided by or through

the Department and through that program is awarded or earns the 
number of
hours of credit required for the award of an 
associate, baccalaureate, or
higher degree from a community 
college, college, or university located in
Illinois shall 
reimburse the State, through the Department, for the costs

incurred by the State in providing that person during his or 
her incarceration
with the education that qualifies him or her 
for the award of that degree.  The
costs for which reimbursement 
is required under this subsection shall be
determined and 
computed by the Department under rules and regulations that
it 
shall establish for that purpose.  However, interest at the rate 
of 6%
per annum shall be charged on the balance of those costs 
from time to time
remaining unpaid, from the date of the 
person's parole, mandatory supervised
release, or release 
constituting a final termination of his or her commitment
to 
the Department until paid.

    (d-5) A person committed to the Department is entitled to 
confidential testing for infection with human immunodeficiency 
virus (HIV) and to counseling in connection with such testing, 
with no copay to the committed person. A person committed to 
the Department who has tested positive for infection with HIV 
is entitled to medical care while incarcerated, counseling, and 
referrals to support services, in connection with that positive 
test result.  Implementation of this subsection (d-5) is subject 
to appropriation.


    (e) A person committed to the Department who becomes in 
need
of medical or surgical treatment but is incapable of 
giving
consent thereto shall receive such medical or surgical 
treatment
by the chief administrative officer consenting on the 
person's behalf.
Before the chief administrative officer 
consents, he or she shall
obtain the advice of one or more 
physicians licensed to practice medicine
in all its branches in 
this State.  If such physician or physicians advise:


        (1) that immediate medical or surgical treatment is 
    required
relative to a condition threatening to cause 
    death, damage or
impairment to bodily functions, or 
    disfigurement; and


        (2) that the person is not capable of giving consent to 
    such treatment;
the chief administrative officer may give 
    consent for such
medical or surgical treatment, and such 
    consent shall be
deemed to be the consent of the person for 
    all purposes,
including, but not limited to, the authority 
    of a physician
to give such treatment.
    (e-5) If a physician providing medical care to a committed 
person on behalf of the Department advises the chief 
administrative officer that the committed person's mental or 
physical health has deteriorated as a result of the cessation 
of ingestion of food or liquid to the point where medical or 
surgical treatment is required to prevent death, damage, or 
impairment to bodily functions, the chief administrative 
officer may authorize such medical or surgical treatment.


    (f) In the event that the person requires medical care and

treatment at a place other than the institution or facility,

the person may be removed therefrom under conditions prescribed

by the Department. Neither the Department of Corrections nor 
the Department of Juvenile Justice may require a committed 
person or person committed to any facility operated by the 
Department of Juvenile Justice, as set
forth in Section 
3-2.5-15 of this Code, to pay any co-payment for receiving 
medical or dental services.
The Department shall require the 
committed person receiving medical or dental
services on a 
non-emergency basis to pay a $5 co-payment to the Department 
for
each visit for medical or dental services.  The amount of 
each co-payment shall be deducted from the
committed person's 
individual account.
A committed person who has a chronic 
illness, as defined by Department rules
and regulations, shall 
be exempt from the $5 co-payment for treatment of the
chronic 
illness.  A committed person shall not be subject to a $5 
co-payment
for follow-up visits ordered by a physician, who is 
employed by, or contracts
with, the Department.  A committed 
person who is indigent is exempt from the
$5 co-payment
and is 
entitled to receive medical or dental services on the same 
basis as a
committed person who is financially able to afford 
the co-payment.
For purposes of this Section only, "indigent" 
means a committed person who has $20 or less in his or her 
Inmate Trust Fund at the time of such services and for the 30 
days prior to such services. Notwithstanding any other 
provision in this subsection (f) to the contrary,
any person 
committed to any facility operated by the Department of 
Juvenile Justice, as set
forth in Section 3-2.5-15 of this 
Code, is exempt from the
co-payment requirement for the 
duration of confinement in those facilities.


    (f-5) The Department shall comply with the Health Care 
Violence Prevention Act.
    (g) Any person having sole custody of a child at
the time 
of commitment or any woman giving birth to a child after
her 
commitment, may arrange through the Department of Children
and 
Family Services for suitable placement of the child outside
of 
the Department of Corrections. The Director of the Department

of Corrections may determine that there are special reasons why

the child should continue in the custody of the mother until 
the
child is 6 years old.


    (h) The Department may provide Family Responsibility 
Services which
may consist of, but not be limited to the 
following:


        (1) family advocacy counseling;


        (2) parent self-help group;


        (3) parenting skills training;


        (4) parent and child overnight program;


        (5) parent and child reunification counseling, either 
    separately or
together, preceding the inmate's release; 
    and


        (6) a prerelease reunification staffing involving the 
    family  advocate,
the inmate and the child's counselor, or 
    both and the inmate.


    (i) (Blank).

    (j) Any person convicted of a sex offense as defined in the 
Sex Offender
Management Board Act shall be required to receive 
a sex offender evaluation
prior to release into the community 
from the Department of Corrections.  The
sex offender evaluation 
shall be conducted in conformance with the standards
and 
guidelines developed under
the Sex Offender Management Board 
Act and by an evaluator approved by the
Board.

    (k) Any minor committed to the Department of Juvenile 
Justice

for a sex offense as defined by the Sex Offender 
Management Board Act shall be
required to undergo sex offender 
treatment by a treatment provider approved by
the Board and 
conducted in conformance with the Sex Offender Management Board

Act.

    (l) Prior to the release of any inmate committed to a 
facility of the Department or the Department of Juvenile 
Justice, the Department must provide the inmate with 
appropriate information verbally,  in writing, by video, or 
other electronic means, concerning HIV and AIDS. The Department 
shall develop the informational materials in consultation with 
the Department of Public Health.   At the same time, the 
Department must also offer the committed person the option of 
testing for infection with human immunodeficiency virus (HIV), 
with no copayment for the test. Pre-test information shall be 
provided to the committed person and informed consent obtained 
as required in subsection (d) of Section 3 and Section 5 of the 
AIDS Confidentiality Act.  The Department may conduct opt-out 
HIV testing as defined in Section 4 of the AIDS Confidentiality 
Act.  If the Department conducts opt-out HIV testing, the 
Department shall place signs in English, Spanish and other 
languages as needed in multiple, highly visible locations in 
the area where HIV testing is conducted informing inmates that 
they will be tested for HIV unless they refuse, and refusal or 
acceptance of testing shall be documented in the inmate's 
medical record.  The Department shall follow procedures 
established by the Department of Public Health to conduct HIV 
testing and testing to confirm positive HIV test results.  All 
testing must be conducted by medical personnel, but pre-test 
and other information may be provided by committed persons who 
have received appropriate training. The Department, in 
conjunction with the Department of Public Health, shall develop 
a plan that complies with the AIDS Confidentiality Act to 
deliver confidentially all positive or negative HIV test 
results to inmates or former inmates. Nothing in this Section 
shall require the Department to offer HIV testing to an inmate 
who is known to be infected with HIV, or who has been tested 
for HIV within the previous 180 days and whose documented HIV 
test result is available to the Department electronically.  The

testing provided under this subsection (l) shall consist of a 
test approved by the Illinois Department of Public Health to 
determine the presence of HIV infection, based upon 
recommendations of the United States Centers for Disease 
Control and Prevention.  If the test result is positive,  a 
reliable supplemental test based upon recommendations of the 
United States Centers for Disease Control and Prevention shall 
be
administered.

    Prior to the release of an inmate who the Department knows 
has tested positive for infection with HIV, the Department in a 
timely manner shall offer the inmate transitional case 
management, including referrals to other support services.


    (m)  The chief administrative officer of each institution or 
facility of the Department shall make a room in the institution 
or facility available for substance use disorder services to be 
provided to committed persons on a voluntary basis. The 
services shall be provided for one hour once a week at a time 
specified by the chief administrative officer of the 
institution or facility if the following conditions are met:
        (1)  the substance use disorder service contacts the 
    chief administrative officer to arrange the meeting;
        (2) the committed person may attend the meeting for 
    substance use disorder services only if the committed 
    person uses pre-existing free time already available to the 
    committed person;
        (3)  all disciplinary and other rules of the institution 
    or facility remain in effect;
        (4) the committed person is not given any additional 
    privileges to attend substance use disorder services;
        (5)  if the substance use disorder service does not 
    arrange for scheduling a meeting for that week, no 
    substance use disorder services shall be provided to the 
    committed person in the institution or facility for that 
    week;
        (6)  the number of committed persons who may attend a 
    substance use disorder meeting shall not exceed 40 during 
    any session held at the correctional institution or 
    facility;
        (7)  a volunteer seeking to provide substance use 
    disorder services under this subsection (m) must submit an 
    application to the Department of Corrections under 
    existing Department rules and the Department must review 
    the application within 60 days after submission of the 
    application to the Department; and
        (8)  each institution and facility of the Department 
    shall manage the substance use disorder services program 
    according to its own processes and procedures.
    For the purposes of this subsection (m), "substance use 
disorder services" means recovery services for persons with 
substance use disorders provided by volunteers of recovery 
support services recognized by  the Department of Human 
Services. 
(Source: P.A. 100-759, eff. 1-1-19; 100-1051, eff. 1-1-19; 
revised 10-3-18.)