Rep. Stephanie A. Kifowit
Filed: 5/16/2018
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1 | AMENDMENT TO HOUSE BILL 4100
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2 | AMENDMENT NO. ______. Amend House Bill 4100, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Health Care Violence Prevention Act. | ||||||
7 | Section 5. Definitions. As used in this Act: | ||||||
8 | "Committed person" means a person who is in the custody of | ||||||
9 | or under the control of a custodial agency, including, but not | ||||||
10 | limited to, a person who is incarcerated, under arrest, | ||||||
11 | detained, or otherwise under the physical control of a | ||||||
12 | custodial agency. | ||||||
13 | "Custodial agency" means the Illinois Department of | ||||||
14 | Corrections, the Illinois State Police, the sheriff of a | ||||||
15 | county, a county jail, a correctional institution, or any other | ||||||
16 | State agency, municipality, or unit of local government that |
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1 | employs personnel designated as police, peace officers, | ||||||
2 | wardens, corrections officers, or guards or that employs | ||||||
3 | personnel vested by law with the power to place or maintain a | ||||||
4 | person in custody. | ||||||
5 | "Health care provider" means a retail health care facility, | ||||||
6 | a hospital or facility subject to the Hospital Licensing Act, | ||||||
7 | the University of Illinois Hospital Act, the MC/DD Act, or the | ||||||
8 | ID/DD Community Care Act, or a veterans home as defined in the | ||||||
9 | Department of Veterans' Affairs Act. | ||||||
10 | "Health care worker" means nursing assistants and other | ||||||
11 | support personnel, any individual licensed under the laws of | ||||||
12 | this State to provide health services, including but not | ||||||
13 | limited to: dentists licensed under the Illinois Dental | ||||||
14 | Practice Act; dental hygienists licensed under the Illinois | ||||||
15 | Dental Practice Act; nurses and advanced practice registered | ||||||
16 | nurses licensed under the Nurse Practice Act; occupational | ||||||
17 | therapists licensed under the Illinois Occupational Therapy | ||||||
18 | Practice Act; optometrists licensed under the Illinois | ||||||
19 | Optometric Practice Act of 1987; pharmacists licensed under the | ||||||
20 | Pharmacy Practice Act; physical therapists licensed under the | ||||||
21 | Illinois Physical Therapy Act; physicians licensed under the | ||||||
22 | Medical Practice Act of 1987; physician assistants licensed | ||||||
23 | under the Physician Assistant Practice Act of 1987; podiatric | ||||||
24 | physicians licensed under the Podiatric Medical Practice Act of | ||||||
25 | 1987; clinical psychologists licensed under the Clinical | ||||||
26 | Psychologist Licensing Act; clinical social workers licensed |
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1 | under the Clinical Social Work and Social Work Practice Act; | ||||||
2 | speech-language pathologists and audiologists licensed under | ||||||
3 | the Illinois Speech-Language Pathology and Audiology Practice | ||||||
4 | Act; or hearing instrument dispensers licensed under the | ||||||
5 | Hearing Instrument Consumer Protection Act, or any of their | ||||||
6 | successor Acts. | ||||||
7 | "Nurse" means a person who is licensed to practice nursing | ||||||
8 | under the Nurse Practice Act. | ||||||
9 | "Retail health care facility" means an institution, place, | ||||||
10 | or building, or any portion thereof, that: | ||||||
11 | (1) is devoted to the maintenance and operation of a | ||||||
12 | facility for the performance of health care services and is | ||||||
13 | located within a retail store at a specific location; | ||||||
14 | (2) does not provide surgical services or any form of | ||||||
15 | general anesthesia; | ||||||
16 | (3) does not provide beds or other accommodations for | ||||||
17 | either the long-term or overnight stay of patients; and | ||||||
18 | (4) discharges individual patients in an ambulatory | ||||||
19 | condition without danger to the continued well-being of the | ||||||
20 | patients and transfers non-ambulatory patients to | ||||||
21 | hospitals. | ||||||
22 | "Retail health care facility" does not include hospitals, | ||||||
23 | long-term care facilities, ambulatory treatment centers, blood | ||||||
24 | banks, clinical laboratories, offices of physicians, advanced | ||||||
25 | practice registered nurses, podiatrists, and physician | ||||||
26 | assistants, and pharmacies that provide limited health care |
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1 | services. | ||||||
2 | Section 10. Application. This Act applies to health care | ||||||
3 | providers and custodial agencies as defined in Section 5. | ||||||
4 | This Act does not apply to an owner of an institution, | ||||||
5 | place, building, or any portion of the institution, place, or | ||||||
6 | building, who directly or indirectly leases space that is used | ||||||
7 | by the lessee to operate a retail health care facility. | ||||||
8 | Section 15. Workplace safety. | ||||||
9 | (a) A health care worker who contacts law enforcement or | ||||||
10 | files a report with law enforcement against a patient or | ||||||
11 | individual because of workplace violence shall provide notice | ||||||
12 | to management of the health care provider by which he or she is | ||||||
13 | employed within 3 days after contacting law enforcement or | ||||||
14 | filing the report. | ||||||
15 | (b) No management of a health care provider may discourage | ||||||
16 | a health care worker from exercising his or her right to | ||||||
17 | contact law enforcement or file a report with law enforcement | ||||||
18 | because of workplace violence. | ||||||
19 | (c) A health care provider that employs a health care | ||||||
20 | worker shall display a notice stating that verbal aggression | ||||||
21 | will not be tolerated and physical assault will be reported to | ||||||
22 | law enforcement. | ||||||
23 | (d) The health care provider shall offer immediate | ||||||
24 | post-incident services for a health care worker directly |
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1 | involved in a workplace violence incident caused by patients or | ||||||
2 | their visitors, including acute treatment and access to | ||||||
3 | psychological evaluation. | ||||||
4 | Section 20. Workplace violence prevention program. | ||||||
5 | (a) A health care provider shall create a workplace | ||||||
6 | violence prevention program that complies with the | ||||||
7 | Occupational Safety and Health Administration guidelines for | ||||||
8 | preventing workplace violence for health care and social | ||||||
9 | service workers as amended or updated by the Occupational | ||||||
10 | Safety and Health Administration. | ||||||
11 | (a-5) In addition, the workplace violence prevention | ||||||
12 | program shall include: | ||||||
13 | (1) the following classifications of workplace | ||||||
14 | violence as one of 4 possible types:
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15 | (A) "Type 1 violence" means workplace violence | ||||||
16 | committed by a person who has no legitimate business at | ||||||
17 | the work site and includes violent acts by anyone who | ||||||
18 | enters the workplace with the intent to commit a crime.
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19 | (B) "Type 2 violence" means workplace violence | ||||||
20 | directed at employees by customers, clients, patients, | ||||||
21 | students, inmates, visitors, or other individuals | ||||||
22 | accompanying a patient.
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23 | (C) "Type 3 violence" means workplace violence | ||||||
24 | against an employee by a present or former employee, | ||||||
25 | supervisor, or manager.
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1 | (D) "Type 4 violence" means workplace violence | ||||||
2 | committed in the workplace by someone who does not work | ||||||
3 | there, but has or is known to have had a personal | ||||||
4 | relationship with an employee.
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5 | (2) management commitment and worker participation, | ||||||
6 | including, but not limited to, nurses;
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7 | (3) worksite analysis and identification of potential | ||||||
8 | hazards;
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9 | (4) hazard prevention and control;
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10 | (5) safety and health training with required hours | ||||||
11 | determined by rule; and
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12 | (6) recordkeeping and evaluation of the violence | ||||||
13 | prevention program. | ||||||
14 | (b) The Department of Public Health may by rule adopt | ||||||
15 | additional criteria for workplace violence prevention | ||||||
16 | programs. | ||||||
17 | Section 25. Whistleblower protection. The Whistleblower | ||||||
18 | Act applies to health care providers and their employees with | ||||||
19 | respect to actions taken to implement or enforce compliance | ||||||
20 | with this Act.
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21 | Section 30. Medical care for committed persons.
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22 | (a) If a committed person receives medical care and | ||||||
23 | treatment at a place other than an institution or facility of | ||||||
24 | the Department of Corrections, a county, or a municipality, |
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1 | then the institution or facility shall:
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2 | (1) to the greatest extent practicable, notify the | ||||||
3 | hospital or medical facility that is treating the committed | ||||||
4 | person prior to the committed person's visit and notify the | ||||||
5 | hospital or medical facility of any significant medical, | ||||||
6 | mental health, potentially violent actions, or other | ||||||
7 | safety concerns regarding the patient;
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8 | (2) to the greatest extent practicable, ensure the | ||||||
9 | transferred committed person is accompanied by all | ||||||
10 | available medical records;
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11 | (3) provide at least one guard trained in custodial | ||||||
12 | escort and custody of high-risk committed persons to | ||||||
13 | accompany any committed person, and the committed person | ||||||
14 | shall be restrained during the visit to the hospital or | ||||||
15 | medical facility. The custodial agency shall attest to such | ||||||
16 | training for custodial escort and custody of high-risk | ||||||
17 | committed persons through the training of the Department of | ||||||
18 | Corrections or Department of Juvenile Justice or the | ||||||
19 | training described in Section 35. However, under no | ||||||
20 | circumstances may a pregnant female be restrained as | ||||||
21 | provided in this paragraph, unless otherwise required by | ||||||
22 | law. Additionally, restraints shall not be used on a | ||||||
23 | committed person if a medical professional determines that | ||||||
24 | the restraints would impede medical treatment; and | ||||||
25 | (4) ensure that only medical personnel, Department of | ||||||
26 | Corrections, county, or municipality personnel, and |
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1 | visitors on the committed person's approved institutional | ||||||
2 | visitors list may visit the committed person. Visitation by | ||||||
3 | a person on the committed person's approved institutional | ||||||
4 | visitors list shall be subject to the rules and procedures | ||||||
5 | of the hospital or medical facility and the Department of | ||||||
6 | Corrections, county, or municipality. In any situation in | ||||||
7 | which a committed person is being visited: | ||||||
8 | (A) the name of the visitor must be listed per the | ||||||
9 | facility's or institution's documentation; | ||||||
10 | (B) the visitor shall submit to the search of his | ||||||
11 | or her person or any personal property under his or her | ||||||
12 | control at any time; and | ||||||
13 | (C) the custodial agency may deny the committed | ||||||
14 | person access to a telephone or limit the number of | ||||||
15 | visitors the committed person may receive for purposes | ||||||
16 | of safety. | ||||||
17 | The committed person shall remain restrained in accordance | ||||||
18 | with the rules and procedures of the Department of Corrections, | ||||||
19 | county, or municipality, unless the Department of Corrections, | ||||||
20 | county, or municipality determines that restraints are | ||||||
21 | unnecessary: (i) because there is no risk of the committed | ||||||
22 | person causing physical harm to the committed person or another | ||||||
23 | person; (ii) because the committed person has no history of | ||||||
24 | disruptive behavior that has placed others in potentially | ||||||
25 | harmful situations or presents a substantial risk of inflicting | ||||||
26 | physical harm on himself or herself or others as evidenced by |
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1 | recent behavior; and (iii) there is no well-founded belief that | ||||||
2 | the committed person presents a substantial risk of flight. In | ||||||
3 | order to provide the second guard in this Section, it is | ||||||
4 | permissible for the custodial agency to enter into a mutual aid | ||||||
5 | agreement with the hospital and any other entity of law | ||||||
6 | enforcement. Under no circumstances may a pregnant female be | ||||||
7 | restrained as provided this paragraph, unless otherwise | ||||||
8 | required by law. | ||||||
9 | The hospital or medical facility may establish protocols | ||||||
10 | for the receipt of committed persons in collaboration with the | ||||||
11 | Department of Corrections, county, or municipality, | ||||||
12 | specifically with regard to potentially violent persons.
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13 | (b) If a committed person receives medical care and | ||||||
14 | treatment at a place other than an institution or facility of | ||||||
15 | the Department of Juvenile Justice, then the institution or | ||||||
16 | facility shall:
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17 | (1) to the greatest extent practicable, notify the | ||||||
18 | hospital or medical facility that is treating the committed | ||||||
19 | person prior to the committed person's visit, and notify | ||||||
20 | the hospital or medical facility of any significant | ||||||
21 | medical, mental health, potentially violent actions, or | ||||||
22 | other safety concerns regarding the patient;
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23 | (2) to the greatest extent practicable, ensure the | ||||||
24 | transferred committed person is accompanied by all | ||||||
25 | available medical records;
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26 | (3) provide: (i) at least one guard trained in |
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1 | custodial escort and custody of high-risk committed | ||||||
2 | persons to accompany any committed person, and the | ||||||
3 | committed person shall be restrained during the visit to | ||||||
4 | the hospital or medical facility. The custodial agency | ||||||
5 | shall attest to such training for custodial escort and | ||||||
6 | custody of high-risk committed persons through the | ||||||
7 | training of the Department of Corrections or the Department | ||||||
8 | of Juvenile Justice or the training described in Section | ||||||
9 | 35; or (ii) 2 guards to accompany the committed person at | ||||||
10 | all times during the visit to the hospital or medical | ||||||
11 | facility; and
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12 | (4) ensure that only medical personnel, Department of | ||||||
13 | Juvenile Justice personnel, and visitors on the committed | ||||||
14 | person's approved institutional visitors list may visit | ||||||
15 | the committed person. Visitation by a person on the | ||||||
16 | committed person's approved institutional visitors list | ||||||
17 | shall be subject to the rules and procedures of the | ||||||
18 | hospital or medical facility and the Department of Juvenile | ||||||
19 | Justice. In any situation in which a committed person is | ||||||
20 | being visited:
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21 | (A) the name of the visitor must be listed per the | ||||||
22 | facility's or institution's documentation;
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23 | (B) the visitor shall submit to the search of his | ||||||
24 | or her person or any personal property under his or her | ||||||
25 | control at any time;
and | ||||||
26 | (C) the custodial agency may deny the committed |
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1 | person access to a telephone or limit the number of | ||||||
2 | visitors the committed person may receive for purposes | ||||||
3 | of safety. | ||||||
4 | If a committed person receives medical care and treatment | ||||||
5 | at a place other than an institution or facility of the | ||||||
6 | Department of Juvenile Justice, then the institution or | ||||||
7 | facility shall ensure that the committed person is wearing | ||||||
8 | security restraints on either his or her wrists or ankles in | ||||||
9 | accordance with the Department of Juvenile Justice's rules and | ||||||
10 | procedures unless the Department of Juvenile Justice | ||||||
11 | determines that restraints are unnecessary: (i) because there | ||||||
12 | is no risk of the committed person causing physical harm to the | ||||||
13 | committed person or another person; (ii) because the committed | ||||||
14 | person has no history of disruptive behavior that has placed | ||||||
15 | others in potentially harmful situations or presents a | ||||||
16 | substantial risk of inflicting physical harm on himself or | ||||||
17 | herself or others as evidenced by recent behavior; and (iii) | ||||||
18 | there is no well-founded belief that the committed person | ||||||
19 | presents a substantial risk of flight. Any restraints used on a | ||||||
20 | committed person under this paragraph shall be the least | ||||||
21 | restrictive restraints necessary to prevent flight or physical | ||||||
22 | harm to the committed person or another person. Restraints | ||||||
23 | shall not be used on the committed person as provided in this | ||||||
24 | paragraph if a medical professional determines that the | ||||||
25 | restraints would impede medical treatment. Under no | ||||||
26 | circumstances may a pregnant female be restrained as provided |
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1 | in this paragraph, unless otherwise required by law. | ||||||
2 | The hospital or medical facility may establish protocols | ||||||
3 | for the receipt of committed persons in collaboration with the | ||||||
4 | Department of Juvenile Justice, specifically with regard to | ||||||
5 | potentially violent persons. | ||||||
6 | Section 35. Custodial agency training. The Illinois Law | ||||||
7 | Enforcement Training Standards Board shall establish a | ||||||
8 | curriculum for custodial escort and custody of high-risk | ||||||
9 | committed persons certification, which shall include, but not | ||||||
10 | be limited to, the following:
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11 | (1) handcuffing or shackling of a high-risk committed | ||||||
12 | person;
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13 | (2) mobile transportation of a committed person with | ||||||
14 | defense from the committed person's attack;
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15 | (3) outside facility threat assessment; | ||||||
16 | (4) hands-on weapons retention training; and | ||||||
17 | (5) custodial considerations for a high-risk committed | ||||||
18 | person in outside facilities. | ||||||
19 | Section 90. The State Police Act is amended by adding | ||||||
20 | Section 45 as follows: | ||||||
21 | (20 ILCS 2610/45 new) | ||||||
22 | Sec. 45. Compliance with the Health Care Violence | ||||||
23 | Prevention Act. The Department shall comply with the Health |
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1 | Care Violence Prevention Act. | ||||||
2 | Section 95. The Department of Veterans' Affairs Act is | ||||||
3 | amended by changing Section 2.07 as follows:
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4 | (20 ILCS 2805/2.07) (from Ch. 126 1/2, par. 67.07)
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5 | Sec. 2.07. The Department shall employ and maintain | ||||||
6 | sufficient and
qualified staff at the veterans' homes (i) to | ||||||
7 | fill all beds, subject to appropriation, and (ii) to
fulfill | ||||||
8 | the requirements of this Act. The Department shall report to
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9 | the General Assembly, by January 1 and July 1 of each year, the | ||||||
10 | number of
staff employed in providing direct patient care at | ||||||
11 | their veterans' homes,
the compliance or noncompliance with | ||||||
12 | staffing standards established by the
United States Department | ||||||
13 | of Veterans Affairs for
such care, and in the event of
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14 | noncompliance with such standards, the number of staff required | ||||||
15 | for compliance. For purposes of this Section, a nurse who has a | ||||||
16 | license application pending with the State shall not be deemed | ||||||
17 | unqualified by the Department if the nurse is in compliance | ||||||
18 | with Section 50-15 of the Nurse Practice Act.
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19 | A veterans home is subject to the Health Care Violence | ||||||
20 | Prevention Act. | ||||||
21 | (Source: P.A. 96-699, eff. 8-25-09; 97-297, eff. 1-1-12.)
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22 | Section 100. The University of Illinois Hospital Act is | ||||||
23 | amended by adding Section 10 as follows: |
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1 | (110 ILCS 330/10 new) | ||||||
2 | Sec. 10. Compliance with the Health Care Violence | ||||||
3 | Prevention Act. The University of Illinois Hospital shall | ||||||
4 | comply with the Health Care Violence Prevention Act. | ||||||
5 | Section 105. The MC/DD Act is amended by adding Section | ||||||
6 | 2-219 as follows: | ||||||
7 | (210 ILCS 46/2-219 new) | ||||||
8 | Sec. 2-219. Compliance with the Health Care Violence | ||||||
9 | Prevention Act. A facility licensed under this Act shall comply | ||||||
10 | with the Health Care Violence Prevention Act. | ||||||
11 | Section 110. The ID/DD Community Care Act is amended by | ||||||
12 | adding Section 2-219 as follows: | ||||||
13 | (210 ILCS 47/2-219 new) | ||||||
14 | Sec. 2-219. Compliance with the Health Care Violence | ||||||
15 | Prevention Act. A facility licensed under this Act shall comply | ||||||
16 | with the Health Care Violence Prevention Act. | ||||||
17 | Section 115. The Hospital Licensing Act is amended by | ||||||
18 | adding Section 9.8 as follows: | ||||||
19 | (210 ILCS 85/9.8 new) |
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1 | Sec. 9.8. Compliance with the Health Care Violence | ||||||
2 | Prevention Act. A hospital licensed under this Act shall comply | ||||||
3 | with the Health Care Violence Prevention Act. | ||||||
4 | Section 120. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 3-6-2 as follows: | ||||||
6 | (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | ||||||
7 | Sec. 3-6-2. Institutions and Facility Administration.
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8 | (a) Each institution and facility of the Department shall | ||||||
9 | be
administered by a chief administrative officer appointed by
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10 | the Director. A chief administrative officer shall be
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11 | responsible for all persons assigned to the institution or
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12 | facility. The chief administrative officer shall administer
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13 | the programs of the Department for the custody and treatment
of | ||||||
14 | such persons.
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15 | (b) The chief administrative officer shall have such | ||||||
16 | assistants
as the Department may assign.
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17 | (c) The Director or Assistant Director shall have the
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18 | emergency powers to temporarily transfer individuals without
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19 | formal procedures to any State, county, municipal or regional
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20 | correctional or detention institution or facility in the State,
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21 | subject to the acceptance of such receiving institution or
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22 | facility, or to designate any reasonably secure place in the
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23 | State as such an institution or facility and to make transfers
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24 | thereto. However, transfers made under emergency powers shall
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1 | be reviewed as soon as practicable under Article 8, and shall
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2 | be subject to Section 5-905 of the Juvenile Court Act of
1987. | ||||||
3 | This Section shall not apply to transfers to the Department of
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4 | Human Services which are provided for under
Section 3-8-5 or | ||||||
5 | Section 3-10-5.
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6 | (d) The Department shall provide educational programs for | ||||||
7 | all
committed persons so that all persons have an opportunity | ||||||
8 | to
attain the achievement level equivalent to the completion of
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9 | the twelfth grade in the public school system in this State.
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10 | Other higher levels of attainment shall be encouraged and
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11 | professional instruction shall be maintained wherever | ||||||
12 | possible.
The Department may establish programs of mandatory | ||||||
13 | education and may
establish rules and regulations for the | ||||||
14 | administration of such programs.
A person committed to the | ||||||
15 | Department who, during the period of his or her
incarceration, | ||||||
16 | participates in an educational program provided by or through
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17 | the Department and through that program is awarded or earns the | ||||||
18 | number of
hours of credit required for the award of an | ||||||
19 | associate, baccalaureate, or
higher degree from a community | ||||||
20 | college, college, or university located in
Illinois shall | ||||||
21 | reimburse the State, through the Department, for the costs
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22 | incurred by the State in providing that person during his or | ||||||
23 | her incarceration
with the education that qualifies him or her | ||||||
24 | for the award of that degree. The
costs for which reimbursement | ||||||
25 | is required under this subsection shall be
determined and | ||||||
26 | computed by the Department under rules and regulations that
it |
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1 | shall establish for that purpose. However, interest at the rate | ||||||
2 | of 6%
per annum shall be charged on the balance of those costs | ||||||
3 | from time to time
remaining unpaid, from the date of the | ||||||
4 | person's parole, mandatory supervised
release, or release | ||||||
5 | constituting a final termination of his or her commitment
to | ||||||
6 | the Department until paid.
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7 | (d-5) A person committed to the Department is entitled to | ||||||
8 | confidential testing for infection with human immunodeficiency | ||||||
9 | virus (HIV) and to counseling in connection with such testing, | ||||||
10 | with no copay to the committed person. A person committed to | ||||||
11 | the Department who has tested positive for infection with HIV | ||||||
12 | is entitled to medical care while incarcerated, counseling, and | ||||||
13 | referrals to support services, in connection with that positive | ||||||
14 | test result. Implementation of this subsection (d-5) is subject | ||||||
15 | to appropriation.
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16 | (e) A person committed to the Department who becomes in | ||||||
17 | need
of medical or surgical treatment but is incapable of | ||||||
18 | giving
consent thereto shall receive such medical or surgical | ||||||
19 | treatment
by the chief administrative officer consenting on the | ||||||
20 | person's behalf.
Before the chief administrative officer | ||||||
21 | consents, he or she shall
obtain the advice of one or more | ||||||
22 | physicians licensed to practice medicine
in all its branches in | ||||||
23 | this State. If such physician or physicians advise:
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24 | (1) that immediate medical or surgical treatment is | ||||||
25 | required
relative to a condition threatening to cause | ||||||
26 | death, damage or
impairment to bodily functions, or |
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1 | disfigurement; and
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2 | (2) that the person is not capable of giving consent to | ||||||
3 | such treatment;
the chief administrative officer may give | ||||||
4 | consent for such
medical or surgical treatment, and such | ||||||
5 | consent shall be
deemed to be the consent of the person for | ||||||
6 | all purposes,
including, but not limited to, the authority | ||||||
7 | of a physician
to give such treatment. | ||||||
8 | (e-5) If a physician providing medical care to a committed | ||||||
9 | person on behalf of the Department advises the chief | ||||||
10 | administrative officer that the committed person's mental or | ||||||
11 | physical health has deteriorated as a result of the cessation | ||||||
12 | of ingestion of food or liquid to the point where medical or | ||||||
13 | surgical treatment is required to prevent death, damage, or | ||||||
14 | impairment to bodily functions, the chief administrative | ||||||
15 | officer may authorize such medical or surgical treatment.
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16 | (f) In the event that the person requires medical care and
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17 | treatment at a place other than the institution or facility,
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18 | the person may be removed therefrom under conditions prescribed
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19 | by the Department.
The Department shall require the committed | ||||||
20 | person receiving medical or dental
services on a non-emergency | ||||||
21 | basis to pay a $5 co-payment to the Department for
each visit | ||||||
22 | for medical or dental services. The amount of each co-payment | ||||||
23 | shall be deducted from the
committed person's individual | ||||||
24 | account.
A committed person who has a chronic illness, as | ||||||
25 | defined by Department rules
and regulations, shall be exempt | ||||||
26 | from the $5 co-payment for treatment of the
chronic illness. A |
| |||||||
| |||||||
1 | committed person shall not be subject to a $5 co-payment
for | ||||||
2 | follow-up visits ordered by a physician, who is employed by, or | ||||||
3 | contracts
with, the Department. A committed person who is | ||||||
4 | indigent is exempt from the
$5 co-payment
and is entitled to | ||||||
5 | receive medical or dental services on the same basis as a
| ||||||
6 | committed person who is financially able to afford the | ||||||
7 | co-payment.
For purposes of this Section only, "indigent" means | ||||||
8 | a committed person who has $20 or less in his or her Inmate | ||||||
9 | Trust Fund at the time of such services and for the 30 days | ||||||
10 | prior to such services. Notwithstanding any other provision in | ||||||
11 | this subsection (f) to the contrary,
any person committed to | ||||||
12 | any facility operated by the Department of Juvenile Justice, as | ||||||
13 | set
forth in Section 3-2.5-15 of this Code, is exempt from the
| ||||||
14 | co-payment requirement for the duration of confinement in those | ||||||
15 | facilities.
| ||||||
16 | (f-5) The Department shall comply with the Health Care | ||||||
17 | Violence Prevention Act. | ||||||
18 | (g) Any person having sole custody of a child at
the time | ||||||
19 | of commitment or any woman giving birth to a child after
her | ||||||
20 | commitment, may arrange through the Department of Children
and | ||||||
21 | Family Services for suitable placement of the child outside
of | ||||||
22 | the Department of Corrections. The Director of the Department
| ||||||
23 | of Corrections may determine that there are special reasons why
| ||||||
24 | the child should continue in the custody of the mother until | ||||||
25 | the
child is 6 years old.
| ||||||
26 | (h) The Department may provide Family Responsibility |
| |||||||
| |||||||
1 | Services which
may consist of, but not be limited to the | ||||||
2 | following:
| ||||||
3 | (1) family advocacy counseling;
| ||||||
4 | (2) parent self-help group;
| ||||||
5 | (3) parenting skills training;
| ||||||
6 | (4) parent and child overnight program;
| ||||||
7 | (5) parent and child reunification counseling, either | ||||||
8 | separately or
together, preceding the inmate's release; | ||||||
9 | and
| ||||||
10 | (6) a prerelease reunification staffing involving the | ||||||
11 | family advocate,
the inmate and the child's counselor, or | ||||||
12 | both and the inmate.
| ||||||
13 | (i) (Blank).
| ||||||
14 | (j) Any person convicted of a sex offense as defined in the | ||||||
15 | Sex Offender
Management Board Act shall be required to receive | ||||||
16 | a sex offender evaluation
prior to release into the community | ||||||
17 | from the Department of Corrections. The
sex offender evaluation | ||||||
18 | shall be conducted in conformance with the standards
and | ||||||
19 | guidelines developed under
the Sex Offender Management Board | ||||||
20 | Act and by an evaluator approved by the
Board.
| ||||||
21 | (k) Any minor committed to the Department of Juvenile | ||||||
22 | Justice
for a sex offense as defined by the Sex Offender | ||||||
23 | Management Board Act shall be
required to undergo sex offender | ||||||
24 | treatment by a treatment provider approved by
the Board and | ||||||
25 | conducted in conformance with the Sex Offender Management Board
| ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (l) Prior to the release of any inmate committed to a | ||||||
2 | facility of the Department or the Department of Juvenile | ||||||
3 | Justice, the Department must provide the inmate with | ||||||
4 | appropriate information verbally, in writing, by video, or | ||||||
5 | other electronic means, concerning HIV and AIDS. The Department | ||||||
6 | shall develop the informational materials in consultation with | ||||||
7 | the Department of Public Health. At the same time, the | ||||||
8 | Department must also offer the committed person the option of | ||||||
9 | testing for infection with human immunodeficiency virus (HIV), | ||||||
10 | with no copayment for the test. Pre-test information shall be | ||||||
11 | provided to the committed person and informed consent obtained | ||||||
12 | as required in subsection (d) of Section 3 and Section 5 of the | ||||||
13 | AIDS Confidentiality Act. The Department may conduct opt-out | ||||||
14 | HIV testing as defined in Section 4 of the AIDS Confidentiality | ||||||
15 | Act. If the Department conducts opt-out HIV testing, the | ||||||
16 | Department shall place signs in English, Spanish and other | ||||||
17 | languages as needed in multiple, highly visible locations in | ||||||
18 | the area where HIV testing is conducted informing inmates that | ||||||
19 | they will be tested for HIV unless they refuse, and refusal or | ||||||
20 | acceptance of testing shall be documented in the inmate's | ||||||
21 | medical record. The Department shall follow procedures | ||||||
22 | established by the Department of Public Health to conduct HIV | ||||||
23 | testing and testing to confirm positive HIV test results. All | ||||||
24 | testing must be conducted by medical personnel, but pre-test | ||||||
25 | and other information may be provided by committed persons who | ||||||
26 | have received appropriate training. The Department, in |
| |||||||
| |||||||
1 | conjunction with the Department of Public Health, shall develop | ||||||
2 | a plan that complies with the AIDS Confidentiality Act to | ||||||
3 | deliver confidentially all positive or negative HIV test | ||||||
4 | results to inmates or former inmates. Nothing in this Section | ||||||
5 | shall require the Department to offer HIV testing to an inmate | ||||||
6 | who is known to be infected with HIV, or who has been tested | ||||||
7 | for HIV within the previous 180 days and whose documented HIV | ||||||
8 | test result is available to the Department electronically. The
| ||||||
9 | testing provided under this subsection (l) shall consist of a | ||||||
10 | test approved by the Illinois Department of Public Health to | ||||||
11 | determine the presence of HIV infection, based upon | ||||||
12 | recommendations of the United States Centers for Disease | ||||||
13 | Control and Prevention. If the test result is positive, a | ||||||
14 | reliable supplemental test based upon recommendations of the | ||||||
15 | United States Centers for Disease Control and Prevention shall | ||||||
16 | be
administered.
| ||||||
17 | Prior to the release of an inmate who the Department knows | ||||||
18 | has tested positive for infection with HIV, the Department in a | ||||||
19 | timely manner shall offer the inmate transitional case | ||||||
20 | management, including referrals to other support services.
| ||||||
21 | (m) The chief administrative officer of each institution or | ||||||
22 | facility of the Department shall make a room in the institution | ||||||
23 | or facility available for addiction recovery services to be | ||||||
24 | provided to committed persons on a voluntary basis. The | ||||||
25 | services shall be provided for one hour once a week at a time | ||||||
26 | specified by the chief administrative officer of the |
| |||||||
| |||||||
1 | institution or facility if the following conditions are met: | ||||||
2 | (1) the addiction recovery service contacts the chief | ||||||
3 | administrative officer to arrange the meeting; | ||||||
4 | (2) the committed person may attend the meeting for | ||||||
5 | addiction recovery services only if the committed person | ||||||
6 | uses pre-existing free time already available to the | ||||||
7 | committed person; | ||||||
8 | (3) all disciplinary and other rules of the institution | ||||||
9 | or facility remain in effect; | ||||||
10 | (4) the committed person is not given any additional | ||||||
11 | privileges to attend addiction recovery services; | ||||||
12 | (5) if the addiction recovery service does not arrange | ||||||
13 | for scheduling a meeting for that week, no addiction | ||||||
14 | recovery services shall be provided to the committed person | ||||||
15 | in the institution or facility for that week; | ||||||
16 | (6) the number of committed persons who may attend an | ||||||
17 | addiction recovery meeting shall not exceed 40 during any | ||||||
18 | session held at the correctional institution or facility; | ||||||
19 | (7) a volunteer seeking to provide addiction recovery | ||||||
20 | services under this subsection (m) must submit an | ||||||
21 | application to the Department of Corrections under | ||||||
22 | existing Department rules and the Department must review | ||||||
23 | the application within 60 days after submission of the | ||||||
24 | application to the Department; and | ||||||
25 | (8) each institution and facility of the Department | ||||||
26 | shall manage the addiction recovery services program |
| |||||||
| |||||||
1 | according to its own processes and procedures. | ||||||
2 | For the purposes of this subsection (m), "addiction | ||||||
3 | recovery services" means recovery services for alcoholics and | ||||||
4 | addicts provided by volunteers of recovery support services | ||||||
5 | recognized by the Department of Human Services. | ||||||
6 | (Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323, | ||||||
7 | eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12; | ||||||
8 | 97-813, eff. 7-13-12.)
| ||||||
9 | Section 125. The County Jail Act is amended by changing | ||||||
10 | Section 17.5 and by adding Section 17.15 as follows:
| ||||||
11 | (730 ILCS 125/17.5)
| ||||||
12 | Sec. 17.5. Pregnant female prisoners. Notwithstanding any | ||||||
13 | other
statute,
directive, or administrative
regulation, when a | ||||||
14 | pregnant female prisoner is brought to a hospital
from a county | ||||||
15 | jail
for the purpose of delivering her baby, no handcuffs,
| ||||||
16 | shackles, or restraints of any kind may be used during her | ||||||
17 | transport to a
medical facility for the purpose of delivering | ||||||
18 | her baby. Under no
circumstances may leg irons or shackles or | ||||||
19 | waist shackles be used on any
pregnant female prisoner who is | ||||||
20 | in labor. Upon the pregnant female
prisoner's entry to the | ||||||
21 | hospital
delivery room, 2 a county correctional officers | ||||||
22 | officer must be posted immediately outside
the
delivery room. | ||||||
23 | The Sheriff must provide for adequate personnel to monitor
the | ||||||
24 | pregnant female prisoner during her transport to and from the
|
| |||||||
| |||||||
1 | hospital and during her
stay at the hospital.
| ||||||
2 | (Source: P.A. 91-253, eff. 1-1-00.)
| ||||||
3 | (730 ILCS 125/17.15 new) | ||||||
4 | Sec. 17.15. Compliance with the Health Care Violence | ||||||
5 | Prevention Act. The sheriff or warden of the jail shall comply | ||||||
6 | with the Health Care Violence Prevention Act. ".
|