Rep. Stephanie A. Kifowit
Filed: 11/26/2018
 
 

 

 

 
10000SB1987ham001LRB100 09952 RPS 43538 a



1
AMENDMENT TO SENATE BILL 1987




2    AMENDMENT NO. ______. Amend Senate Bill 1987 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The State Police Act is amended  by changing 
5Section 45 as follows:
 
6    (20 ILCS 2610/45)
7    (This Section may contain text from a Public Act with a 
8delayed effective date)
9    Sec. 45. Compliance with the Health Care Violence 
10Prevention Act; training. The Department shall comply with the 
11Health Care Violence Prevention Act and shall provide an 
12appropriate level of training for its officers concerning the 
13Health Care Violence Prevention Act.

14(Source: P.A. 100-1051, eff. 1-1-19.)
 
15    Section 10. The Health Care Violence Prevention Act is 
 
 
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1amended  by changing Section 30 as follows:
 
2    (210 ILCS 160/30)
3    (This Section may contain text from a Public Act with a 
4delayed effective date)

5    Sec. 30. Medical care for committed persons.
 
6    (a) If a committed person receives medical care and 
7treatment at a place other than an institution or facility of 
8the Department of Corrections, a county, or a municipality, 
9then the institution or facility shall:

10        (1) to the greatest extent practicable, notify the 
11    hospital or medical facility that is treating the committed 
12    person prior to the committed person's visit and notify the 
13    hospital or medical facility of any significant medical, 
14    mental health, recent violent actions, or other safety 
15    concerns regarding the patient;

16        (2) to the greatest extent practicable, ensure the 
17    transferred committed person is accompanied by the most 
18    comprehensive medical records possible;

19        (3) provide at least one guard trained in custodial 
20    escort and custody of high-risk committed persons to 
21    accompany any committed person.  The custodial agency shall 
22    attest to such training for custodial escort and custody of 
23    high-risk committed persons through: (A) the training of 
24    the  Department of Corrections, or Department of Juvenile 
25    Justice, or Department of State Police; (B) law enforcement 
 
 
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1    training that is substantially equivalent to the  training 
2    of the  Department of Corrections, or Department of Juvenile 
3    Justice, or Department of State Police; or (C) the training 
4    described in Section 35. Under no circumstances may leg 
5    irons or shackles or waist shackles be used on any pregnant 
6    female prisoner who is in labor. In addition,  restraint of 
7    a pregnant female prisoner in the custody of the Cook 
8    County shall comply with Section 3-15003.6 of the Counties 
9    Code. Additionally, restraints shall not be used on a 
10    committed person if medical personnel determine that the 
11    restraints would impede medical treatment; and
12        (4) ensure that only medical personnel, Department of 
13    Corrections, county, or municipality personnel, and 
14    visitors on the committed person's approved institutional 
15    visitors list may visit the committed person. Visitation by 
16    a person on the committed person's approved institutional 
17    visitors list shall be subject to the rules and procedures 
18    of the hospital or  medical facility and the Department of 
19    Corrections, county, or municipality. In any situation in 
20    which a committed person is being visited:
21            (A) the name of the visitor must be listed per the 
22        facility's or institution's documentation;
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 
5at a place other than an institution or facility of the 
6Department of Corrections, county, or municipality, then the 
7custodial agency shall ensure that the committed person is 
8wearing security restraints in accordance with the custodial 
9agency's rules and procedures if the custodial agency 
10determines that restraints are necessary for the following 
11reasons: (i) to prevent physical harm to the committed person 
12or another person; (ii) because the committed person has a 
13history of disruptive behavior that has placed others in 
14potentially harmful situations or presents a substantial risk 
15of inflicting physical harm on himself or herself or others as 
16evidenced by recent behavior; or (iii) there is a well-founded 
17belief that the committed person presents a substantial risk of 
18flight. Under no circumstances may leg irons or shackles or 
19waist shackles be used on any pregnant female prisoner who is 
20in labor. In addition, restraint of a pregnant female prisoner 
21in the custody of the Cook County shall comply with Section 
223-15003.6 of the Counties Code.
23    The hospital or medical facility may establish protocols 
24for the receipt of committed persons  in collaboration with the 
25Department of Corrections, county, or municipality, 
26specifically with regard to potentially violent persons.


 
 
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1    (b) If a committed person receives medical care and 
2treatment at a place other than an institution or facility of 
3the Department of Juvenile Justice, then the institution or 
4facility shall:

5        (1) to the greatest extent practicable, notify the 
6    hospital or medical facility that is treating the committed 
7    person prior to the committed person's visit, and notify 
8    the hospital or medical facility of any significant 
9    medical, mental health, recent violent actions, or other 
10    safety concerns regarding the patient;

11        (2) to the greatest extent practicable, ensure the 
12    transferred committed person is accompanied by the most 
13    comprehensive medical records possible;

14        (3) provide: (A) at least one guard trained in 
15    custodial escort and custody of high-risk committed 
16    persons to accompany any committed person. The custodial 
17    agency  shall attest to such training for custodial escort 
18    and custody of high-risk committed persons through: (i) the 
19    training of the  Department of Corrections, or Department of 
20    Juvenile Justice, or Department of State Police, (ii) law 
21    enforcement training that is substantially equivalent to 
22    the  training of the  Department of Corrections, or 
23    Department of Juvenile Justice, or Department of State 
24    Police, or (iii) the training described  in Section 35; or 
25    (B) 2 guards to accompany the committed person at all times 
26    during the visit to the hospital or medical facility; and

 
 
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1        (4) ensure that only medical personnel, Department of 
2    Juvenile Justice personnel, and visitors on the committed 
3    person's approved institutional visitors list may visit 
4    the committed person. Visitation by a person on the 
5    committed person's approved institutional visitors list 
6    shall be subject to the rules and procedures of the 
7    hospital or  medical facility and the Department of Juvenile 
8    Justice. In any situation in which a committed person is 
9    being visited:

10            (A)   the name of the visitor must be listed per the 
11        facility's or institution's documentation;

12            (B)   the visitor shall submit to the search of his 
13        or her person or any personal property under his or her 
14        control at any time;
and
15            (C)   the custodial agency may deny the committed 
16        person access to a telephone or limit the number of 
17        visitors the committed person may receive for purposes 
18        of safety.
19    If a committed person receives medical care and treatment 
20at a place other than an institution or facility of the 
21Department of Juvenile Justice, then the Department of Juvenile 
22Justice shall ensure that the committed person is wearing 
23security restraints on either his or her wrists or ankles in 
24accordance with the rules and procedures of the Department of 
25Juvenile Justice if the Department of Juvenile Justice 
26determines that restraints are necessary for the following 
 
 
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1reasons: (i) to prevent physical harm to the committed person 
2or another person; (ii) because the committed person has a 
3history of disruptive behavior that has placed others in 
4potentially harmful situations or presents a substantial risk 
5of inflicting physical harm on himself or herself or others as 
6evidenced by recent behavior; or (iii) there is a well-founded 
7belief that the committed person presents a substantial risk of 
8flight. Any restraints used on a committed person under this 
9paragraph shall be the least restrictive restraints necessary 
10to prevent flight or physical harm to the committed person or 
11another person. Restraints shall not be used on the committed 
12person as provided in this paragraph if medical personnel 
13determine that the restraints would impede medical treatment. 
14Under no circumstances may leg irons or shackles or waist 
15shackles be used on any pregnant female prisoner who is in 
16labor. In addition, restraint of a pregnant female prisoner in 
17the custody of the Cook County shall comply with Section 
183-15003.6 of the Counties Code.
19    The hospital or medical facility may establish protocols 
20for the receipt of committed persons in collaboration with the 
21Department of Juvenile Justice, specifically with regard to 
22persons recently exhibiting violence.

23(Source: P.A. 100-1051, eff. 1-1-19.)
 
24    Section 95. No acceleration or delay. Where this Act makes 
25changes in a statute that is represented in this Act by text 
 
 
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1that is not yet or no longer in effect (for example, a Section 
2represented by multiple versions), the use of that text does 
3not accelerate or delay the taking effect of (i) the changes 
4made by this Act or (ii) provisions derived from any other 
5Public Act.
 

6    Section 99. Effective date. This Act takes effect upon 
7becoming law.".