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1 | AN ACT concerning HIV testing.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Children and Family Services Act is amended | ||||||
5 | by changing Section 22.3 as follows:
| ||||||
6 | (20 ILCS 505/22.3) (from Ch. 23, par. 5022.3)
| ||||||
7 | Sec. 22.3.
To provide human immunodeficiency virus (HIV) | ||||||
8 | testing for
any child in the custody of the Department being | ||||||
9 | placed in adoptive care,
upon the request of the child's
| ||||||
10 | prospective adoptive parent. Such testing test shall consist of | ||||||
11 | a test approved by the Illinois Department of Public Health to | ||||||
12 | determine the presence of HIV infection, based upon the | ||||||
13 | recommendations of the United States Centers for Disease | ||||||
14 | Control and Prevention an enzyme-linked
immunosorbent assay | ||||||
15 | (ELISA) test to determine the presence of antibodies to
HIV, or | ||||||
16 | such other test as may be approved by the Illinois Department | ||||||
17 | of
Public Health ; in the event of a positive result, a the | ||||||
18 | Western Blot Assay or
a more reliable supplemental confirmatory | ||||||
19 | test based upon recommendations of the United States Centers | ||||||
20 | for Disease Control and Prevention shall also be administered.
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21 | The prospective adoptive parent requesting the test shall be
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22 | confidentially notified of the test result, and if the test is | ||||||
23 | positive,
the Department shall provide the prospective |
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1 | adoptive parents and child with treatment and
counseling, as | ||||||
2 | appropriate.
The Department shall report positive HIV test | ||||||
3 | results to the Illinois
Department of Public Health.
| ||||||
4 | (Source: P.A. 86-904.)
| ||||||
5 | Section 10. The Communicable Disease Prevention Act is | ||||||
6 | amended by changing Section 2a as follows:
| ||||||
7 | (410 ILCS 315/2a) (from Ch. 111 1/2, par. 22.12a)
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8 | Sec. 2a.
Whenever a child of school age is reported to the | ||||||
9 | Illinois
Department of Public Health or a local health | ||||||
10 | department as having been
diagnosed as having acquired immune | ||||||
11 | deficiency syndrome (AIDS) or
human immunodeficiency virus | ||||||
12 | (HIV) based upon case definitions established by the United | ||||||
13 | States Centers for Disease Control and Prevention AIDS-related | ||||||
14 | complex (ARC) or as having been shown to have been exposed to
| ||||||
15 | human immunodeficiency virus (HIV) or any other identified | ||||||
16 | causative agent
of AIDS by testing positive on a Western Blot | ||||||
17 | Assay or more reliable test based upon recommendations of the | ||||||
18 | United States Centers for Disease Control and Prevention ,
such | ||||||
19 | department shall give prompt and confidential notice of the | ||||||
20 | identity
of the child to the principal of the school in which | ||||||
21 | the child is enrolled.
If the child is enrolled in a public | ||||||
22 | school, the
principal shall disclose the identity of the child | ||||||
23 | to the
superintendent of the school district in which the child | ||||||
24 | resides.
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1 | The principal may, as necessary, disclose the identity of | ||||||
2 | an infected child
to:
| ||||||
3 | (1) the school nurse at that school;
| ||||||
4 | (2) the classroom
teachers in whose classes
the child is | ||||||
5 | enrolled; and
| ||||||
6 | (3) those persons who, pursuant to federal or state law, | ||||||
7 | are required to
decide the placement or educational program of | ||||||
8 | the child.
| ||||||
9 | In addition, the principal may inform such other
persons as | ||||||
10 | may be necessary that an infected child is enrolled at that | ||||||
11 | school,
so long as the child's identity is not revealed.
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12 | (Source: P.A. 85-1399.)
| ||||||
13 | Section 15. The Criminal Code of 1961 is amended by | ||||||
14 | changing Section 12-18 as follows:
| ||||||
15 | (720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
| ||||||
16 | Sec. 12-18. General Provisions.
| ||||||
17 | (a) No person accused of violating Sections 12-13, 12-14, | ||||||
18 | 12-15 or 12-16
of this Code shall be presumed to be incapable | ||||||
19 | of committing an offense
prohibited by Sections 12-13, 12-14, | ||||||
20 | 12-14.1, 12-15 or 12-16 of this Code
because of age, physical | ||||||
21 | condition or relationship to the victim, except as
otherwise | ||||||
22 | provided in subsection (c) of this Section. Nothing in this | ||||||
23 | Section
shall be construed to modify or abrogate the | ||||||
24 | affirmative defense of infancy
under Section 6-1 of this Code |
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1 | or the provisions of Section 5-805 of the
Juvenile Court Act of | ||||||
2 | 1987.
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3 | (b) Any medical examination or procedure which is conducted | ||||||
4 | by a physician,
nurse, medical or hospital personnel, parent, | ||||||
5 | or caretaker for purposes
and in a manner consistent with | ||||||
6 | reasonable medical standards is not an offense
under Sections | ||||||
7 | 12-13, 12-14, 12-14.1, 12-15 and 12-16 of this Code.
| ||||||
8 | (c) (Blank).
| ||||||
9 | (d) (Blank).
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10 | (e) After a finding at a preliminary hearing that there is | ||||||
11 | probable
cause to believe that an accused has committed a | ||||||
12 | violation of Section
12-13, 12-14, or 12-14.1 of this Code, or | ||||||
13 | after an indictment is returned
charging an accused with a | ||||||
14 | violation of Section 12-13, 12-14, or 12-14.1 of
this Code,
or | ||||||
15 | after a finding that a defendant charged with a violation of | ||||||
16 | Section
12-13, 12-14, or 12-14.1 of this Code is unfit to stand | ||||||
17 | trial pursuant to
Section 104-16 of the Code of
Criminal | ||||||
18 | Procedure of 1963 where the finding is made prior to | ||||||
19 | preliminary
hearing,
at the request of the person who was the | ||||||
20 | victim of the violation of
Section 12-13, 12-14, or 12-14.1, | ||||||
21 | the prosecuting State's attorney shall seek
an order from the | ||||||
22 | court to compel the accused to be tested within 48 hours for | ||||||
23 | any sexually
transmissible disease, including a test for | ||||||
24 | infection with
human immunodeficiency virus (HIV). The medical | ||||||
25 | tests shall be
performed only
by appropriately licensed medical | ||||||
26 | practitioners. Such testing shall consist of a test approved by |
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| |||||||
1 | the Illinois Department of Public Health to determine the | ||||||
2 | presence of HIV infection, based upon recommendations of the | ||||||
3 | United States Centers for Disease Control and Prevention The | ||||||
4 | test for infection with
human immunodeficiency virus (HIV) | ||||||
5 | shall consist of an
enzyme-linked immunosorbent assay (ELISA) | ||||||
6 | test, or such other test as may
be approved by the Illinois | ||||||
7 | Department of Public Health ; in the event of a
positive result, | ||||||
8 | a the Western Blot Assay or a more reliable supplemental | ||||||
9 | confirmatory
test based upon recommendations of the United | ||||||
10 | States Centers for Disease Control and Prevention shall be | ||||||
11 | administered. The results of the tests and any follow-up tests | ||||||
12 | shall be
kept
strictly confidential by all medical personnel | ||||||
13 | involved in the testing and
must be personally delivered in a | ||||||
14 | sealed envelope to the victim, to the defendant, to the State's | ||||||
15 | Attorney, and to the
judge who entered the order, for the | ||||||
16 | judge's inspection in camera. The judge shall provide to the | ||||||
17 | victim a referral to the Illinois Department of Public Health | ||||||
18 | HIV/AIDS toll-free hotline for counseling and information in | ||||||
19 | connection with the test result. Acting
in accordance with the | ||||||
20 | best interests of the victim and the public, the
judge shall | ||||||
21 | have the discretion to determine to whom, if anyone, the result
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22 | of the testing may be revealed; however, in no case shall the | ||||||
23 | identity of
the victim be disclosed. The court shall order that | ||||||
24 | the cost of the tests
shall be paid by the county, and shall be | ||||||
25 | taxed as costs against the accused
if convicted.
| ||||||
26 | (f) Whenever any law enforcement officer has reasonable |
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1 | cause to believe
that a person has been delivered a controlled | ||||||
2 | substance without his or her
consent, the law enforcement | ||||||
3 | officer shall advise the victim about seeking
medical treatment | ||||||
4 | and preserving evidence.
| ||||||
5 | (g) Every hospital providing emergency hospital services | ||||||
6 | to an alleged
sexual assault survivor, when there is reasonable
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7 | cause to believe that a person has been delivered a controlled | ||||||
8 | substance
without his or her consent, shall designate personnel | ||||||
9 | to provide:
| ||||||
10 | (1) An explanation to the victim about the nature and | ||||||
11 | effects of commonly
used controlled substances and how such | ||||||
12 | controlled substances are administered.
| ||||||
13 | (2) An offer to the victim of testing for the presence | ||||||
14 | of such controlled
substances.
| ||||||
15 | (3) A disclosure to the victim that all controlled | ||||||
16 | substances or alcohol
ingested by the victim will be | ||||||
17 | disclosed by the test.
| ||||||
18 | (4) A statement that the test is completely voluntary.
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19 | (5) A form for written authorization for sample | ||||||
20 | analysis of all controlled
substances and alcohol ingested | ||||||
21 | by the victim.
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22 | A physician licensed to practice medicine in all its | ||||||
23 | branches may agree to
be a designated person under this | ||||||
24 | subsection.
| ||||||
25 | No sample analysis may be performed unless the victim
| ||||||
26 | returns a signed written authorization within 30 days
after the |
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1 | sample was
collected.
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2 | Any medical treatment or care under this subsection shall | ||||||
3 | be only in
accordance with the order of a physician licensed to | ||||||
4 | practice medicine in all
of its branches. Any testing under | ||||||
5 | this subsection shall be only in accordance
with the order of a | ||||||
6 | licensed individual authorized to order the testing.
| ||||||
7 | (Source: P.A. 94-397, eff. 1-1-06; 95-926, eff. 8-26-08.)
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8 | Section 20. The Unified Code of Corrections is amended by | ||||||
9 | changing Sections 3-6-2, 3-8-2, and 3-10-2 as follows: | ||||||
10 | (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | ||||||
11 | Sec. 3-6-2. Institutions and Facility Administration.
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12 | (a) Each institution and facility of the Department shall | ||||||
13 | be
administered by a chief administrative officer appointed by
| ||||||
14 | the Director. A chief administrative officer shall be
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15 | responsible for all persons assigned to the institution or
| ||||||
16 | facility. The chief administrative officer shall administer
| ||||||
17 | the programs of the Department for the custody and treatment
of | ||||||
18 | such persons.
| ||||||
19 | (b) The chief administrative officer shall have such | ||||||
20 | assistants
as the Department may assign.
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21 | (c) The Director or Assistant Director shall have the
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22 | emergency powers to temporarily transfer individuals without
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23 | formal procedures to any State, county, municipal or regional
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24 | correctional or detention institution or facility in the State,
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1 | subject to the acceptance of such receiving institution or
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2 | facility, or to designate any reasonably secure place in the
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3 | State as such an institution or facility and to make transfers
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4 | thereto. However, transfers made under emergency powers shall
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5 | be reviewed as soon as practicable under Article 8, and shall
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6 | be subject to Section 5-905 of the Juvenile Court Act of
1987. | ||||||
7 | This Section shall not apply to transfers to the Department of
| ||||||
8 | Human Services which are provided for under
Section 3-8-5 or | ||||||
9 | Section 3-10-5.
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10 | (d) The Department shall provide educational programs for | ||||||
11 | all
committed persons so that all persons have an opportunity | ||||||
12 | to
attain the achievement level equivalent to the completion of
| ||||||
13 | the twelfth grade in the public school system in this State.
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14 | Other higher levels of attainment shall be encouraged and
| ||||||
15 | professional instruction shall be maintained wherever | ||||||
16 | possible.
The Department may establish programs of mandatory | ||||||
17 | education and may
establish rules and regulations for the | ||||||
18 | administration of such programs.
A person committed to the | ||||||
19 | Department who, during the period of his or her
incarceration, | ||||||
20 | participates in an educational program provided by or through
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21 | the Department and through that program is awarded or earns the | ||||||
22 | number of
hours of credit required for the award of an | ||||||
23 | associate, baccalaureate, or
higher degree from a community | ||||||
24 | college, college, or university located in
Illinois shall | ||||||
25 | reimburse the State, through the Department, for the costs
| ||||||
26 | incurred by the State in providing that person during his or |
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| |||||||
1 | her incarceration
with the education that qualifies him or her | ||||||
2 | for the award of that degree. The
costs for which reimbursement | ||||||
3 | is required under this subsection shall be
determined and | ||||||
4 | computed by the Department under rules and regulations that
it | ||||||
5 | shall establish for that purpose. However, interest at the rate | ||||||
6 | of 6%
per annum shall be charged on the balance of those costs | ||||||
7 | from time to time
remaining unpaid, from the date of the | ||||||
8 | person's parole, mandatory supervised
release, or release | ||||||
9 | constituting a final termination of his or her commitment
to | ||||||
10 | the Department until paid.
| ||||||
11 | (d-5) A person committed to the Department is entitled to | ||||||
12 | confidential testing for infection with human immunodeficiency | ||||||
13 | virus (HIV) and to counseling in connection with such testing, | ||||||
14 | with no copay to the committed person. A person committed to | ||||||
15 | the Department who has tested positive for infection with HIV | ||||||
16 | is entitled to medical care while incarcerated, counseling, and | ||||||
17 | referrals to support services, in connection with that positive | ||||||
18 | test result. Implementation of this subsection (d-5) is subject | ||||||
19 | to appropriation.
| ||||||
20 | (e) A person committed to the Department who becomes in | ||||||
21 | need
of medical or surgical treatment but is incapable of | ||||||
22 | giving
consent thereto shall receive such medical or surgical | ||||||
23 | treatment
by the chief administrative officer consenting on the | ||||||
24 | person's behalf.
Before the chief administrative officer | ||||||
25 | consents, he or she shall
obtain the advice of one or more | ||||||
26 | physicians licensed to practice medicine
in all its branches in |
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1 | this State. If such physician or physicians advise:
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2 | (1) that immediate medical or surgical treatment is | ||||||
3 | required
relative to a condition threatening to cause | ||||||
4 | death, damage or
impairment to bodily functions, or | ||||||
5 | disfigurement; and
| ||||||
6 | (2) that the person is not capable of giving consent to | ||||||
7 | such treatment;
the chief administrative officer may give | ||||||
8 | consent for such
medical or surgical treatment, and such | ||||||
9 | consent shall be
deemed to be the consent of the person for | ||||||
10 | all purposes,
including, but not limited to, the authority | ||||||
11 | of a physician
to give such treatment. | ||||||
12 | (e-5) If a physician providing medical care to a committed | ||||||
13 | person on behalf of the Department advises the chief | ||||||
14 | administrative officer that the committed person's mental or | ||||||
15 | physical health has deteriorated as a result of the cessation | ||||||
16 | of ingestion of food or liquid to the point where medical or | ||||||
17 | surgical treatment is required to prevent death, damage, or | ||||||
18 | impairment to bodily functions, the chief administrative | ||||||
19 | officer may authorize such medical or surgical treatment.
| ||||||
20 | (f) In the event that the person requires medical care and
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21 | treatment at a place other than the institution or facility,
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22 | the person may be removed therefrom under conditions prescribed
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23 | by the Department.
The Department shall require the committed | ||||||
24 | person receiving medical or dental
services on a non-emergency | ||||||
25 | basis to pay a $2 co-payment to the Department for
each visit | ||||||
26 | for medical or dental services. The amount of each co-payment |
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| |||||||
1 | shall be deducted from the
committed person's individual | ||||||
2 | account.
A committed person who has a chronic illness, as | ||||||
3 | defined by Department rules
and regulations, shall be exempt | ||||||
4 | from the $2 co-payment for treatment of the
chronic illness. A | ||||||
5 | committed person shall not be subject to a $2 co-payment
for | ||||||
6 | follow-up visits ordered by a physician, who is employed by, or | ||||||
7 | contracts
with, the Department. A committed person who is | ||||||
8 | indigent is exempt from the
$2 co-payment
and is entitled to | ||||||
9 | receive medical or dental services on the same basis as a
| ||||||
10 | committed person who is financially able to afford the | ||||||
11 | co-payment.
Notwithstanding any other provision in this | ||||||
12 | subsection (f) to the contrary,
any person committed to any | ||||||
13 | facility operated by the Department of Juvenile Justice, as set
| ||||||
14 | forth in Section 3-2.5-15 of this Code, is exempt from the
| ||||||
15 | co-payment requirement for the duration of confinement in those | ||||||
16 | facilities.
| ||||||
17 | (g) Any person having sole custody of a child at
the time | ||||||
18 | of commitment or any woman giving birth to a child after
her | ||||||
19 | commitment, may arrange through the Department of Children
and | ||||||
20 | Family Services for suitable placement of the child outside
of | ||||||
21 | the Department of Corrections. The Director of the Department
| ||||||
22 | of Corrections may determine that there are special reasons why
| ||||||
23 | the child should continue in the custody of the mother until | ||||||
24 | the
child is 6 years old.
| ||||||
25 | (h) The Department may provide Family Responsibility | ||||||
26 | Services which
may consist of, but not be limited to the |
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| |||||||
1 | following:
| ||||||
2 | (1) family advocacy counseling;
| ||||||
3 | (2) parent self-help group;
| ||||||
4 | (3) parenting skills training;
| ||||||
5 | (4) parent and child overnight program;
| ||||||
6 | (5) parent and child reunification counseling, either | ||||||
7 | separately or
together, preceding the inmate's release; | ||||||
8 | and
| ||||||
9 | (6) a prerelease reunification staffing involving the | ||||||
10 | family advocate,
the inmate and the child's counselor, or | ||||||
11 | both and the inmate.
| ||||||
12 | (i) Prior to the release of any inmate who has a documented | ||||||
13 | history
of intravenous drug use, and upon the receipt of that | ||||||
14 | inmate's written
informed consent, the Department shall | ||||||
15 | provide for the testing of such
inmate for infection with human | ||||||
16 | immunodeficiency virus (HIV) and any other
identified | ||||||
17 | causative agent of acquired immunodeficiency syndrome (AIDS). | ||||||
18 | The
testing provided under this subsection shall consist of a | ||||||
19 | test approved by the Illinois Department of Public Health to | ||||||
20 | determine the presence of HIV infection, based upon | ||||||
21 | recommendations of the United States Centers for Disease | ||||||
22 | Control and Prevention an enzyme-linked
immunosorbent assay | ||||||
23 | (ELISA) test or such other test as may be approved by
the | ||||||
24 | Illinois Department of Public Health . If the test result is | ||||||
25 | positive,
a reliable supplemental the Western Blot Assay or | ||||||
26 | more reliable confirmatory test based upon recommendations of |
| |||||||
| |||||||
1 | the United States Centers for Disease Control and Prevention | ||||||
2 | shall be
administered. All inmates tested in accordance with | ||||||
3 | the provisions of this
subsection shall be provided with | ||||||
4 | pre-test information and post-test counseling.
Notwithstanding | ||||||
5 | any provision of this subsection to the contrary, the
| ||||||
6 | Department shall not be required to conduct the testing and | ||||||
7 | counseling
required by this subsection unless sufficient funds | ||||||
8 | to cover all costs of
such testing and counseling are | ||||||
9 | appropriated for that
purpose by the General Assembly.
| ||||||
10 | (j) Any person convicted of a sex offense as defined in the | ||||||
11 | Sex Offender
Management Board Act shall be required to receive | ||||||
12 | a sex offender evaluation
prior to release into the community | ||||||
13 | from the Department of Corrections. The
sex offender evaluation | ||||||
14 | shall be conducted in conformance with the standards
and | ||||||
15 | guidelines developed under
the Sex Offender Management Board | ||||||
16 | Act and by an evaluator approved by the
Board.
| ||||||
17 | (k) Any minor committed to the Department of Juvenile | ||||||
18 | Justice
for a sex offense as defined by the Sex Offender | ||||||
19 | Management Board Act shall be
required to undergo sex offender | ||||||
20 | treatment by a treatment provider approved by
the Board and | ||||||
21 | conducted in conformance with the Sex Offender Management Board
| ||||||
22 | Act.
| ||||||
23 | (l) Prior to the release of any inmate, the Department must | ||||||
24 | provide the inmate with the option of testing for infection | ||||||
25 | with human immunodeficiency virus (HIV), as well as counseling | ||||||
26 | in connection with such testing, with no copayment for the |
| |||||||
| |||||||
1 | test. At the same time, the Department shall require each such | ||||||
2 | inmate to sign a form stating that the inmate has been informed | ||||||
3 | of his or her rights with respect to the testing required to be | ||||||
4 | offered under this subsection (l) and providing the inmate with | ||||||
5 | an opportunity to indicate either that he or she wants to be | ||||||
6 | tested or that he or she does not want to be tested. The | ||||||
7 | Department, in consultation with the Department of Public | ||||||
8 | Health, shall prescribe the contents of the form. The
testing | ||||||
9 | provided under this subsection (l) shall consist of a test | ||||||
10 | 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 an enzyme-linked
immunosorbent assay | ||||||
14 | (ELISA) test or any other test approved by
the Department of | ||||||
15 | Public Health . If the test result is positive,
a the Western | ||||||
16 | Blot Assay or more reliable supplemental confirmatory test | ||||||
17 | based upon recommendations of the United States Centers for | ||||||
18 | Disease Control and Prevention shall be
administered. | ||||||
19 | Prior to the release of an inmate who the Department knows | ||||||
20 | has tested positive for infection with HIV, the Department in a | ||||||
21 | timely manner shall offer the inmate transitional case | ||||||
22 | management, including referrals to other support services.
| ||||||
23 | Implementation of this subsection (l) is subject to | ||||||
24 | appropriation.
| ||||||
25 | (m) The chief administrative officer of each institution or | ||||||
26 | facility of the Department shall make a room in the institution |
| |||||||
| |||||||
1 | or facility available for addiction recovery services to be | ||||||
2 | provided to committed persons on a voluntary basis. The | ||||||
3 | services shall be provided for one hour once a week at a time | ||||||
4 | specified by the chief administrative officer of the | ||||||
5 | institution or facility if the following conditions are met: | ||||||
6 | (1) the addiction recovery service contacts the chief | ||||||
7 | administrative officer to arrange the meeting; | ||||||
8 | (2) the committed person may attend the meeting for | ||||||
9 | addiction recovery services only if the committed person | ||||||
10 | uses pre-existing free time already available to the | ||||||
11 | committed person; | ||||||
12 | (3) all disciplinary and other rules of the institution | ||||||
13 | or facility remain in effect; | ||||||
14 | (4) the committed person is not given any additional | ||||||
15 | privileges to attend addiction recovery services; | ||||||
16 | (5) if the addiction recovery service does not arrange | ||||||
17 | for scheduling a meeting for that week, no addiction | ||||||
18 | recovery services shall be provided to the committed person | ||||||
19 | in the institution or facility for that week; | ||||||
20 | (6) the number of committed persons who may attend an | ||||||
21 | addiction recovery meeting shall not exceed 40 during any | ||||||
22 | session held at the correctional institution or facility; | ||||||
23 | (7) a volunteer seeking to provide addiction recovery | ||||||
24 | services under this subsection (m) must submit an | ||||||
25 | application to the Department of Corrections under | ||||||
26 | existing Department rules and the Department must review |
| |||||||
| |||||||
1 | the application within 60 days after submission of the | ||||||
2 | application to the Department; and | ||||||
3 | (8) each institution and facility of the Department | ||||||
4 | shall manage the addiction recovery services program | ||||||
5 | according to its own processes and procedures. | ||||||
6 | For the purposes of this subsection (m), "addiction | ||||||
7 | recovery services" means recovery services for alcoholics and | ||||||
8 | addicts provided by volunteers of recovery support services | ||||||
9 | recognized by the Department of Human Services. | ||||||
10 | (Source: P.A. 96-284, eff. 1-1-10.)
| ||||||
11 | (730 ILCS 5/3-8-2) (from Ch. 38, par. 1003-8-2)
| ||||||
12 | Sec. 3-8-2. Social Evaluation; physical examination; | ||||||
13 | HIV/AIDS. | ||||||
14 | (a) A social evaluation shall be made of a
committed | ||||||
15 | person's medical, psychological, educational and vocational | ||||||
16 | condition
and history, including the use of alcohol and other | ||||||
17 | drugs, the
circumstances of his offense, and such other | ||||||
18 | information as the Department
may determine. The committed | ||||||
19 | person shall be assigned to an institution or
facility in so | ||||||
20 | far as practicable in accordance with the social evaluation.
| ||||||
21 | Recommendations shall be made for medical, dental, | ||||||
22 | psychiatric,
psychological and social service treatment.
| ||||||
23 | (b) A record of the social evaluation shall be entered in | ||||||
24 | the committed
person's master record file and shall be | ||||||
25 | forwarded to the institution or
facility to which the person is |
| |||||||
| |||||||
1 | assigned.
| ||||||
2 | (c) Upon admission to a correctional institution each | ||||||
3 | committed person
shall be given a physical examination. If he | ||||||
4 | is suspected of having a
communicable disease that in the | ||||||
5 | judgment of the Department medical
personnel requires medical | ||||||
6 | isolation, the committed person shall remain in
medical | ||||||
7 | isolation until it is no longer deemed medically necessary. | ||||||
8 | (d) Upon arrival at an inmate's final destination, the | ||||||
9 | Department must provide the committed person with appropriate | ||||||
10 | written information and counseling concerning HIV and AIDS. The | ||||||
11 | Department shall develop the written materials in consultation | ||||||
12 | with the Department of Public Health. At the same time, the | ||||||
13 | Department also must offer the
committed person the option of | ||||||
14 | being tested, with no copayment, for infection with human | ||||||
15 | immunodeficiency virus (HIV). The Department shall require | ||||||
16 | each committed person to sign a form stating that the committed | ||||||
17 | person has been informed of his or her rights with respect to | ||||||
18 | the testing required to be offered under this subsection (d) | ||||||
19 | and providing the committed person with an opportunity to | ||||||
20 | indicate either that he or she wants to be tested or that he or | ||||||
21 | she does not want to be tested. The Department, in consultation | ||||||
22 | with the Department of Public Health, shall prescribe the | ||||||
23 | contents of the form. The
testing provided under this | ||||||
24 | subsection (d) shall consist of a test approved by the Illinois | ||||||
25 | Department of Public Health to determine the presence of HIV | ||||||
26 | infection, based upon recommendations of the United States |
| |||||||
| |||||||
1 | Centers for Disease Control and Prevention an enzyme-linked
| ||||||
2 | immunosorbent assay (ELISA) test or any other test approved by
| ||||||
3 | the Department of Public Health . If the test result is | ||||||
4 | positive,
a the Western Blot Assay or more reliable | ||||||
5 | supplemental confirmatory test based upon recommendations of | ||||||
6 | the United States Centers for Disease Control and Prevention | ||||||
7 | shall be
administered. Implementation of this subsection (d) is | ||||||
8 | subject to appropriation.
| ||||||
9 | (Source: P.A. 94-629, eff. 1-1-06.)
| ||||||
10 | (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| ||||||
11 | Sec. 3-10-2. Examination of Persons Committed to the | ||||||
12 | Department of Juvenile Justice.
| ||||||
13 | (a) A person committed to the Department of Juvenile | ||||||
14 | Justice shall be examined in
regard to his medical, | ||||||
15 | psychological, social, educational and vocational
condition | ||||||
16 | and history, including the use of alcohol and other drugs,
the | ||||||
17 | circumstances of his offense and any other
information as the | ||||||
18 | Department of Juvenile Justice may determine.
| ||||||
19 | (a-5) Upon admission of a person committed to the | ||||||
20 | Department of Juvenile Justice, the Department of Juvenile | ||||||
21 | Justice must provide the person with appropriate written | ||||||
22 | information and counseling concerning HIV and AIDS. The | ||||||
23 | Department of Juvenile Justice shall develop the written | ||||||
24 | materials in consultation with the Department of Public Health. | ||||||
25 | At the same time, the Department of Juvenile Justice also must |
| |||||||
| |||||||
1 | offer the person the option of being tested, at no charge to | ||||||
2 | the person, for infection with human immunodeficiency virus | ||||||
3 | (HIV) or any other identified causative agent of acquired | ||||||
4 | immunodeficiency syndrome (AIDS). The Department of Juvenile | ||||||
5 | Justice shall require each person committed to the Department | ||||||
6 | of Juvenile Justice to sign a form stating that the person has | ||||||
7 | been informed of his or her rights with respect to the testing | ||||||
8 | required to be offered under this subsection (a-5) and | ||||||
9 | providing the person with an opportunity to indicate either | ||||||
10 | that he or she wants to be tested or that he or she does not | ||||||
11 | want to be tested. The Department of Juvenile Justice, in | ||||||
12 | consultation with the Department of Public Health, shall | ||||||
13 | prescribe the contents of the form. The testing provided under | ||||||
14 | this subsection (a-5) shall consist of a test approved by the | ||||||
15 | Illinois Department of Public Health to determine the presence | ||||||
16 | of HIV infection, based upon recommendations of the United | ||||||
17 | States Centers for Disease Control and Prevention an | ||||||
18 | enzyme-linked immunosorbent assay (ELISA) test or any other | ||||||
19 | test approved by the Department of Public Health . If the test | ||||||
20 | result is positive, a the Western Blot Assay or more reliable | ||||||
21 | supplemental confirmatory test based upon recommendations of | ||||||
22 | the United States Centers for Disease Control and Prevention | ||||||
23 | shall be administered. | ||||||
24 | Also upon admission of a person committed to the Department | ||||||
25 | of Juvenile Justice, the Department of Juvenile Justice must | ||||||
26 | inform the person of the Department's obligation to provide the |
| |||||||
| |||||||
1 | person with medical care.
| ||||||
2 | Implementation of this subsection (a-5) is subject to | ||||||
3 | appropriation.
| ||||||
4 | (b) Based on its examination, the Department of Juvenile | ||||||
5 | Justice may exercise the following
powers in developing a | ||||||
6 | treatment program of any person committed to the Department of | ||||||
7 | Juvenile Justice:
| ||||||
8 | (1) Require participation by him in vocational, | ||||||
9 | physical, educational
and corrective training and | ||||||
10 | activities to return him to the community.
| ||||||
11 | (2) Place him in any institution or facility of the | ||||||
12 | Department of Juvenile Justice.
| ||||||
13 | (3) Order replacement or referral to the Parole and | ||||||
14 | Pardon Board as
often as it deems desirable. The Department | ||||||
15 | of Juvenile Justice shall refer the person to the
Parole | ||||||
16 | and Pardon Board as required under Section 3-3-4.
| ||||||
17 | (4) Enter into agreements with the Secretary of Human | ||||||
18 | Services and
the Director of Children and Family
Services, | ||||||
19 | with courts having probation officers, and with private | ||||||
20 | agencies
or institutions for separate care or special | ||||||
21 | treatment of persons subject
to the control of the | ||||||
22 | Department of Juvenile Justice.
| ||||||
23 | (c) The Department of Juvenile Justice shall make periodic | ||||||
24 | reexamination of all persons
under the control of the | ||||||
25 | Department of Juvenile Justice to determine whether existing
| ||||||
26 | orders in individual cases should be modified or continued. |
| |||||||
| |||||||
1 | This
examination shall be made with respect to every person at | ||||||
2 | least once
annually.
| ||||||
3 | (d) A record of the treatment decision including any | ||||||
4 | modification
thereof and the reason therefor, shall be part of | ||||||
5 | the committed person's
master record file.
| ||||||
6 | (e) The Department of Juvenile Justice shall by certified | ||||||
7 | mail, return receipt requested,
notify the parent, guardian or | ||||||
8 | nearest relative of any person committed to
the Department of | ||||||
9 | Juvenile Justice of his physical location and any change | ||||||
10 | thereof.
| ||||||
11 | (Source: P.A. 94-629, eff. 1-1-06; 94-696, eff. 6-1-06 .)
| ||||||
12 | Section 25. The County Jail Act is amended by changing | ||||||
13 | Section 17.10 as follows: | ||||||
14 | (730 ILCS 125/17.10) | ||||||
15 | Sec. 17.10. Requirements in connection with HIV/AIDS. | ||||||
16 | (a) In each county other than Cook, during the medical | ||||||
17 | admissions exam, the warden of the jail, a correctional officer | ||||||
18 | at the jail, or a member of the jail medical staff must provide | ||||||
19 | the prisoner with appropriate written information concerning | ||||||
20 | human immunodeficiency virus (HIV) and acquired | ||||||
21 | immunodeficiency syndrome (AIDS). The Department of Public | ||||||
22 | Health and community-based organizations certified to provide | ||||||
23 | HIV/AIDS testing must provide these informational materials to | ||||||
24 | the warden at no cost to the county. The warden, a correctional |
| |||||||
| |||||||
1 | officer, or a member of the jail medical staff must inform the | ||||||
2 | prisoner of the option of being tested for infection with HIV | ||||||
3 | by a certified local community-based agency or other available | ||||||
4 | medical provider at no charge to the prisoner. | ||||||
5 | (b) In Cook County, during the medical admissions exam, an | ||||||
6 | employee of the Cook County Bureau of Health Services must | ||||||
7 | provide the prisoner with appropriate written information | ||||||
8 | concerning human immunodeficiency virus (HIV) and acquired | ||||||
9 | immunodeficiency syndrome (AIDS) and must also provide the | ||||||
10 | prisoner with option of testing for infection with HIV or any | ||||||
11 | other identified causative agent of AIDS, as well as counseling | ||||||
12 | in connection with such testing. The Department of Public | ||||||
13 | Health and community-based organizations certified to provide | ||||||
14 | HIV/AIDS testing must provide these informational materials to | ||||||
15 | the Bureau at no cost to the county. The
testing provided under | ||||||
16 | this subsection (b) shall be conducted by the Cook County | ||||||
17 | Bureau of Health Services and shall consist of a test approved | ||||||
18 | by the Illinois Department of Public Health to determine the | ||||||
19 | presence of HIV infection, based upon recommendations of the | ||||||
20 | United States Centers for Disease Control and Prevention an | ||||||
21 | enzyme-linked
immunosorbent assay (ELISA) test or any other | ||||||
22 | test approved by
the Department of Public Health . If the test | ||||||
23 | result is positive,
a the Western Blot Assay or more reliable | ||||||
24 | supplemental confirmatory test based upon recommendations of | ||||||
25 | the United States Centers for Disease Control and Prevention | ||||||
26 | shall be
administered. |
| |||||||
| |||||||
1 | (c) In each county, the warden of the jail must make | ||||||
2 | appropriate written information concerning HIV/AIDS available | ||||||
3 | to every visitor to the jail. This information must include | ||||||
4 | information concerning persons or entities to contact for local | ||||||
5 | counseling and testing. The Department of Public Health and | ||||||
6 | community-based organizations certified to provide HIV/AIDS | ||||||
7 | testing must provide these informational materials to the | ||||||
8 | warden at no cost to the office of the county sheriff. | ||||||
9 | (d) Implementation of this Section is subject to | ||||||
10 | appropriation.
| ||||||
11 | (Source: P.A. 94-629, eff. 1-1-06.)
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law. |