97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1748

 

Introduced , by Rep. Camille Y Lilly

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-6-2  from Ch. 38, par. 1003-6-2
730 ILCS 5/3-8-2  from Ch. 38, par. 1003-8-2
730 ILCS 5/3-10-2  from Ch. 38, par. 1003-10-2
730 ILCS 125/17.10

    Amends the Unified Code of Corrections. Provides that prior to the release of any inmate committed to a facility of the Department of Corrections or the Department of Juvenile Justice, the Department must provide the inmate with appropriate information in writing, by video, or other electronic means, concerning HIV and AIDS. Provides that the Department shall develop the informational materials in consultation with the Department of Public Health. Provides that at the same time, the Department must also offer the committed person the option of testing for infection with human immunodeficiency virus (HIV), with no copayment for the test. Provides that pre-test information shall be provided to the committed person and informed consent obtained as required in the AIDS Confidentiality Act. Provides that the Department may conduct opt-out HIV testing. Provides that the Department shall follow procedures established by the Department of Public Health to conduct HIV testing and testing to confirm positive HIV test results. Eliminates references to the ELISA test and the Western Blot Assay test. Eliminates provision that HIV information and testing provided to inmates is subject to appropriation. Amends the County Jail Act. Provides that inmates of the Cook County Jail shall be provided information and testing conducted by an employee of the Cook County Health & Hospitals System (rather than the Bureau of Health Services).


LRB097 08873 RLC 50843 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1748LRB097 08873 RLC 50843 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-6-2, 3-8-2, and 3-10-2 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.
8    (a) Each institution and facility of the Department shall
9be administered by a chief administrative officer appointed by
10the Director. A chief administrative officer shall be
11responsible for all persons assigned to the institution or
12facility. The chief administrative officer shall administer
13the programs of the Department for the custody and treatment of
14such persons.
15    (b) The chief administrative officer shall have such
16assistants as the Department may assign.
17    (c) The Director or Assistant Director shall have the
18emergency powers to temporarily transfer individuals without
19formal procedures to any State, county, municipal or regional
20correctional or detention institution or facility in the State,
21subject to the acceptance of such receiving institution or
22facility, or to designate any reasonably secure place in the
23State as such an institution or facility and to make transfers

 

 

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1thereto. However, transfers made under emergency powers shall
2be reviewed as soon as practicable under Article 8, and shall
3be subject to Section 5-905 of the Juvenile Court Act of 1987.
4This Section shall not apply to transfers to the Department of
5Human Services which are provided for under Section 3-8-5 or
6Section 3-10-5.
7    (d) The Department shall provide educational programs for
8all committed persons so that all persons have an opportunity
9to attain the achievement level equivalent to the completion of
10the twelfth grade in the public school system in this State.
11Other higher levels of attainment shall be encouraged and
12professional instruction shall be maintained wherever
13possible. The Department may establish programs of mandatory
14education and may establish rules and regulations for the
15administration of such programs. A person committed to the
16Department who, during the period of his or her incarceration,
17participates in an educational program provided by or through
18the Department and through that program is awarded or earns the
19number of hours of credit required for the award of an
20associate, baccalaureate, or higher degree from a community
21college, college, or university located in Illinois shall
22reimburse the State, through the Department, for the costs
23incurred by the State in providing that person during his or
24her incarceration with the education that qualifies him or her
25for the award of that degree. The costs for which reimbursement
26is required under this subsection shall be determined and

 

 

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1computed by the Department under rules and regulations that it
2shall establish for that purpose. However, interest at the rate
3of 6% per annum shall be charged on the balance of those costs
4from time to time remaining unpaid, from the date of the
5person's parole, mandatory supervised release, or release
6constituting a final termination of his or her commitment to
7the Department until paid.
8    (d-5) A person committed to the Department is entitled to
9confidential testing for infection with human immunodeficiency
10virus (HIV) and to counseling in connection with such testing,
11with no copay to the committed person. A person committed to
12the Department who has tested positive for infection with HIV
13is entitled to medical care while incarcerated, counseling, and
14referrals to support services, in connection with that positive
15test result. Implementation of this subsection (d-5) is subject
16to appropriation.
17    (e) A person committed to the Department who becomes in
18need of medical or surgical treatment but is incapable of
19giving consent thereto shall receive such medical or surgical
20treatment by the chief administrative officer consenting on the
21person's behalf. Before the chief administrative officer
22consents, he or she shall obtain the advice of one or more
23physicians licensed to practice medicine in all its branches in
24this State. If such physician or physicians advise:
25        (1) that immediate medical or surgical treatment is
26    required relative to a condition threatening to cause

 

 

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1    death, damage or impairment to bodily functions, or
2    disfigurement; and
3        (2) that the person is not capable of giving consent to
4    such treatment; the chief administrative officer may give
5    consent for such medical or surgical treatment, and such
6    consent shall be deemed to be the consent of the person for
7    all purposes, including, but not limited to, the authority
8    of a physician to give such treatment.
9    (e-5) If a physician providing medical care to a committed
10person on behalf of the Department advises the chief
11administrative officer that the committed person's mental or
12physical health has deteriorated as a result of the cessation
13of ingestion of food or liquid to the point where medical or
14surgical treatment is required to prevent death, damage, or
15impairment to bodily functions, the chief administrative
16officer may authorize such medical or surgical treatment.
17    (f) In the event that the person requires medical care and
18treatment at a place other than the institution or facility,
19the person may be removed therefrom under conditions prescribed
20by the Department. The Department shall require the committed
21person receiving medical or dental services on a non-emergency
22basis to pay a $2 co-payment to the Department for each visit
23for medical or dental services. The amount of each co-payment
24shall be deducted from the committed person's individual
25account. A committed person who has a chronic illness, as
26defined by Department rules and regulations, shall be exempt

 

 

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1from the $2 co-payment for treatment of the chronic illness. A
2committed person shall not be subject to a $2 co-payment for
3follow-up visits ordered by a physician, who is employed by, or
4contracts with, the Department. A committed person who is
5indigent is exempt from the $2 co-payment and is entitled to
6receive medical or dental services on the same basis as a
7committed person who is financially able to afford the
8co-payment. Notwithstanding any other provision in this
9subsection (f) to the contrary, any person committed to any
10facility operated by the Department of Juvenile Justice, as set
11forth in Section 3-2.5-15 of this Code, is exempt from the
12co-payment requirement for the duration of confinement in those
13facilities.
14    (g) Any person having sole custody of a child at the time
15of commitment or any woman giving birth to a child after her
16commitment, may arrange through the Department of Children and
17Family Services for suitable placement of the child outside of
18the Department of Corrections. The Director of the Department
19of Corrections may determine that there are special reasons why
20the child should continue in the custody of the mother until
21the child is 6 years old.
22    (h) The Department may provide Family Responsibility
23Services which may consist of, but not be limited to the
24following:
25        (1) family advocacy counseling;
26        (2) parent self-help group;

 

 

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1        (3) parenting skills training;
2        (4) parent and child overnight program;
3        (5) parent and child reunification counseling, either
4    separately or together, preceding the inmate's release;
5    and
6        (6) a prerelease reunification staffing involving the
7    family advocate, the inmate and the child's counselor, or
8    both and the inmate.
9    (i) (Blank). Prior to the release of any inmate who has a
10documented history of intravenous drug use, and upon the
11receipt of that inmate's written informed consent, the
12Department shall provide for the testing of such inmate for
13infection with human immunodeficiency virus (HIV) and any other
14identified causative agent of acquired immunodeficiency
15syndrome (AIDS). The testing provided under this subsection
16shall consist of an enzyme-linked immunosorbent assay (ELISA)
17test or such other test as may be approved by the Illinois
18Department of Public Health. If the test result is positive,
19the Western Blot Assay or more reliable confirmatory test shall
20be administered. All inmates tested in accordance with the
21provisions of this subsection shall be provided with pre-test
22and post-test counseling. Notwithstanding any provision of
23this subsection to the contrary, the Department shall not be
24required to conduct the testing and counseling required by this
25subsection unless sufficient funds to cover all costs of such
26testing and counseling are appropriated for that purpose by the

 

 

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1General Assembly.
2    (j) Any person convicted of a sex offense as defined in the
3Sex Offender Management Board Act shall be required to receive
4a sex offender evaluation prior to release into the community
5from the Department of Corrections. The sex offender evaluation
6shall be conducted in conformance with the standards and
7guidelines developed under the Sex Offender Management Board
8Act and by an evaluator approved by the Board.
9    (k) Any minor committed to the Department of Juvenile
10Justice for a sex offense as defined by the Sex Offender
11Management Board Act shall be required to undergo sex offender
12treatment by a treatment provider approved by the Board and
13conducted in conformance with the Sex Offender Management Board
14Act.
15    (l) Prior to the release of any inmate committed to a
16facility of the Department or the Department of Juvenile
17Justice, the Department must provide the inmate with
18appropriate information in writing, by video, or other
19electronic means, concerning HIV and AIDS. The Department shall
20develop the informational materials in consultation with the
21Department of Public Health. At the same time, the Department
22must also offer the committed person the option of testing for
23infection with human immunodeficiency virus (HIV), as well as
24counseling in connection with such testing, with no copayment
25for the test. Pre-test information shall be provided to the
26committed person and informed consent obtained as required in

 

 

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1subsection (d) of Section 3 and Section 5 of the AIDS
2Confidentiality Act. The Department may conduct opt-out HIV
3testing as defined in Section 4 of the AIDS Confidentiality
4Act. If the Department conducts opt-out HIV testing, the
5Department shall place signs in English, Spanish and other
6languages as needed in multiple, highly visible locations in
7the area where HIV testing is conducted informing inmates that
8they will be tested for HIV unless they refuse, and refusal or
9acceptance of testing shall be documented in the inmate's
10medical record. The Department shall follow procedures
11established by the Department of Public Health to conduct HIV
12testing and testing to confirm positive HIV test results. All
13testing must be conducted by medical personnel, but pre-test
14and other information may be provided by committed persons who
15have received appropriate training. The Department, in
16conjunction with the Department of Public Health, shall develop
17a plan that complies with the AIDS Confidentiality Act to
18deliver confidentially all positive or negative HIV test
19results to inmates or former inmates. At the same time, the
20Department shall require each such inmate to sign a form
21stating that the inmate has been informed of his or her rights
22with respect to the testing required to be offered under this
23subsection (l) and providing the inmate with an opportunity to
24indicate either that he or she wants to be tested or that he or
25she does not want to be tested. The Department, in consultation
26with the Department of Public Health, shall prescribe the

 

 

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1contents of the form. The testing provided under this
2subsection (l) shall consist of an enzyme-linked immunosorbent
3assay (ELISA) test or any other test approved by the Department
4of Public Health. If the test result is positive, the Western
5Blot Assay or more reliable confirmatory test shall be
6administered.
7    Prior to the release of an inmate who the Department knows
8has tested positive for infection with HIV, the Department in a
9timely manner shall offer the inmate transitional case
10management, including referrals to other support services.
11    Implementation of this subsection (l) is subject to
12appropriation.
13    (m) The chief administrative officer of each institution or
14facility of the Department shall make a room in the institution
15or facility available for addiction recovery services to be
16provided to committed persons on a voluntary basis. The
17services shall be provided for one hour once a week at a time
18specified by the chief administrative officer of the
19institution or facility if the following conditions are met:
20        (1) the addiction recovery service contacts the chief
21    administrative officer to arrange the meeting;
22        (2) the committed person may attend the meeting for
23    addiction recovery services only if the committed person
24    uses pre-existing free time already available to the
25    committed person;
26        (3) all disciplinary and other rules of the institution

 

 

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1    or facility remain in effect;
2        (4) the committed person is not given any additional
3    privileges to attend addiction recovery services;
4        (5) if the addiction recovery service does not arrange
5    for scheduling a meeting for that week, no addiction
6    recovery services shall be provided to the committed person
7    in the institution or facility for that week;
8        (6) the number of committed persons who may attend an
9    addiction recovery meeting shall not exceed 40 during any
10    session held at the correctional institution or facility;
11        (7) a volunteer seeking to provide addiction recovery
12    services under this subsection (m) must submit an
13    application to the Department of Corrections under
14    existing Department rules and the Department must review
15    the application within 60 days after submission of the
16    application to the Department; and
17        (8) each institution and facility of the Department
18    shall manage the addiction recovery services program
19    according to its own processes and procedures.
20    For the purposes of this subsection (m), "addiction
21recovery services" means recovery services for alcoholics and
22addicts provided by volunteers of recovery support services
23recognized by the Department of Human Services.
24(Source: P.A. 96-284, eff. 1-1-10.)
 
25    (730 ILCS 5/3-8-2)  (from Ch. 38, par. 1003-8-2)

 

 

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1    Sec. 3-8-2. Social Evaluation; physical examination;
2HIV/AIDS.
3    (a) A social evaluation shall be made of a committed
4person's medical, psychological, educational and vocational
5condition and history, including the use of alcohol and other
6drugs, the circumstances of his offense, and such other
7information as the Department may determine. The committed
8person shall be assigned to an institution or facility in so
9far as practicable in accordance with the social evaluation.
10Recommendations shall be made for medical, dental,
11psychiatric, psychological and social service treatment.
12    (b) A record of the social evaluation shall be entered in
13the committed person's master record file and shall be
14forwarded to the institution or facility to which the person is
15assigned.
16    (c) Upon admission to a correctional institution each
17committed person shall be given a physical examination. If he
18is suspected of having a communicable disease that in the
19judgment of the Department medical personnel requires medical
20isolation, the committed person shall remain in medical
21isolation until it is no longer deemed medically necessary.
22    (d) Upon arrival at an inmate's final destination, the
23Department must provide the committed person with appropriate
24information in writing, verbally, by video or other electronic
25means written information and counseling concerning HIV and
26AIDS. The Department shall develop the informational written

 

 

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1materials in consultation with the Department of Public Health.
2At the same time, the Department also must offer the committed
3person the option of being tested, with no copayment, for
4infection with human immunodeficiency virus (HIV). Pre-test
5information shall be provided to the committed person and
6informed consent obtained as required in subsection (d) of
7Section 3 and Section 5 of the AIDS Confidentiality Act. The
8Department may conduct opt-out HIV testing as defined in
9Section 4 of the AIDS Confidentiality Act. If the Department
10conducts opt-out HIV testing, the Department shall place signs
11in English, Spanish and other languages as needed in multiple,
12highly visible locations in the area where HIV testing is
13conducted informing inmates that they will be tested for HIV
14unless they refuse, and refusal or acceptance of testing shall
15be documented in the inmate's medical record. The Department
16shall follow procedures established by the Department of Public
17Health to conduct HIV testing and testing to confirm positive
18HIV test results. All testing must be conducted by medical
19personnel, but pre-test and other information may be provided
20by committed persons who have received appropriate training.
21The Department, in conjunction with the Department of Public
22Health, shall develop a plan that complies with the AIDS
23Confidentiality Act to deliver confidentially all positive or
24negative HIV test results to inmates or former inmates. The
25Department shall require each committed person to sign a form
26stating that the committed person has been informed of his or

 

 

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1her rights with respect to the testing required to be offered
2under this subsection (d) and providing the committed person
3with an opportunity to indicate either that he or she wants to
4be tested or that he or she does not want to be tested. The
5Department, in consultation with the Department of Public
6Health, shall prescribe the contents of the form. The testing
7provided under this subsection (d) shall consist of an
8enzyme-linked immunosorbent assay (ELISA) test or any other
9test approved by the Department of Public Health. If the test
10result is positive, the Western Blot Assay or more reliable
11confirmatory test shall be administered. Implementation of
12this subsection (d) is subject to appropriation.
13(Source: P.A. 94-629, eff. 1-1-06.)
 
14    (730 ILCS 5/3-10-2)  (from Ch. 38, par. 1003-10-2)
15    Sec. 3-10-2. Examination of Persons Committed to the
16Department of Juvenile Justice.
17    (a) A person committed to the Department of Juvenile
18Justice shall be examined in regard to his medical,
19psychological, social, educational and vocational condition
20and history, including the use of alcohol and other drugs, the
21circumstances of his offense and any other information as the
22Department of Juvenile Justice may determine.
23    (a-5) Upon admission of a person committed to the
24Department of Juvenile Justice, the Department of Juvenile
25Justice must provide the person with appropriate information

 

 

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1written information and counseling concerning HIV and AIDS in
2writing, verbally, or by video or other electronic means. The
3Department of Juvenile Justice shall develop the informational
4written materials in consultation with the Department of Public
5Health. At the same time, the Department of Juvenile Justice
6also must offer the person the option of being tested, at no
7charge to the person, for infection with human immunodeficiency
8virus (HIV). Pre-test information shall be provided to the
9committed person and informed consent obtained as required in
10subsection (d) of Section 3 and Section 5 of the AIDS
11Confidentiality Act. The Department of Juvenile Justice may
12conduct opt-out HIV testing as defined in Section 4 of the AIDS
13Confidentiality Act. If the Department conducts opt-out HIV
14testing, the Department shall place signs in English, Spanish
15and other languages as needed in multiple, highly visible
16locations in the area where HIV testing is conducted informing
17inmates that they will be tested for HIV unless they refuse,
18and refusal or acceptance of testing shall be documented in the
19inmate's medical record. The Department shall follow
20procedures established by the Department of Public Health to
21conduct HIV testing and testing to confirm positive HIV test
22results. All testing must be conducted by medical personnel,
23but pre-test and other information may be provided by committed
24persons who have received appropriate training. The
25Department, in conjunction with the Department of Public
26Health, shall develop a plan that complies with the AIDS

 

 

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1Confidentiality Act to deliver confidentially all positive or
2negative HIV test results to inmates or former inmates. or any
3other identified causative agent of acquired immunodeficiency
4syndrome (AIDS). The Department of Juvenile Justice shall
5require each person committed to the Department of Juvenile
6Justice to sign a form stating that the person has been
7informed of his or her rights with respect to the testing
8required to be offered under this subsection (a-5) and
9providing the person with an opportunity to indicate either
10that he or she wants to be tested or that he or she does not
11want to be tested. The Department of Juvenile Justice, in
12consultation with the Department of Public Health, shall
13prescribe the contents of the form. The testing provided under
14this subsection (a-5) shall consist of an enzyme-linked
15immunosorbent assay (ELISA) test or any other test approved by
16the Department of Public Health. If the test result is
17positive, the Western Blot Assay or more reliable confirmatory
18test shall be administered.
19    Also upon admission of a person committed to the Department
20of Juvenile Justice, the Department of Juvenile Justice must
21inform the person of the Department's obligation to provide the
22person with medical care.
23    Implementation of this subsection (a-5) is subject to
24appropriation.
25    (b) Based on its examination, the Department of Juvenile
26Justice may exercise the following powers in developing a

 

 

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1treatment program of any person committed to the Department of
2Juvenile Justice:
3        (1) Require participation by him in vocational,
4    physical, educational and corrective training and
5    activities to return him to the community.
6        (2) Place him in any institution or facility of the
7    Department of Juvenile Justice.
8        (3) Order replacement or referral to the Parole and
9    Pardon Board as often as it deems desirable. The Department
10    of Juvenile Justice shall refer the person to the Parole
11    and Pardon Board as required under Section 3-3-4.
12        (4) Enter into agreements with the Secretary of Human
13    Services and the Director of Children and Family Services,
14    with courts having probation officers, and with private
15    agencies or institutions for separate care or special
16    treatment of persons subject to the control of the
17    Department of Juvenile Justice.
18    (c) The Department of Juvenile Justice shall make periodic
19reexamination of all persons under the control of the
20Department of Juvenile Justice to determine whether existing
21orders in individual cases should be modified or continued.
22This examination shall be made with respect to every person at
23least once annually.
24    (d) A record of the treatment decision including any
25modification thereof and the reason therefor, shall be part of
26the committed person's master record file.

 

 

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1    (e) The Department of Juvenile Justice shall by certified
2mail, return receipt requested, notify the parent, guardian or
3nearest relative of any person committed to the Department of
4Juvenile Justice of his physical location and any change
5thereof.
6(Source: P.A. 94-629, eff. 1-1-06; 94-696, eff. 6-1-06.)
 
7    Section 10. The County Jail Act is amended by changing
8Section 17.10 as follows:
 
9    (730 ILCS 125/17.10)
10    Sec. 17.10. Requirements in connection with HIV/AIDS.
11    (a) In each county other than Cook, during the medical
12admissions exam, the warden of the jail, a correctional officer
13at the jail, or a member of the jail medical staff must provide
14the prisoner with appropriate written information concerning
15human immunodeficiency virus (HIV) and acquired
16immunodeficiency syndrome (AIDS). The Department of Public
17Health and community-based organizations certified to provide
18HIV/AIDS testing must provide these informational materials to
19the warden at no cost to the county. The warden, a correctional
20officer, or a member of the jail medical staff must inform the
21prisoner of the option of being tested for infection with HIV
22by a certified local community-based agency or other available
23medical provider at no charge to the prisoner.
24    (b) In Cook County, during the medical admissions exam, an

 

 

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1employee of the Cook County Health & Hospitals System Bureau of
2Health Services must provide the prisoner with appropriate
3written information in writing, verbally or by video or other
4electronic means concerning human immunodeficiency virus (HIV)
5and acquired immunodeficiency syndrome (AIDS) and must also
6provide the prisoner with option of testing for infection with
7HIV or any other identified causative agent of AIDS, as well as
8counseling in connection with such testing. The Cook County
9Health & Hospitals System may provide the inmate with opt-out
10human immunodeficiency virus (HIV) testing, as defined in
11Section 4 of the AIDS Confidentiality Act, unless the inmate
12refuses. If opt-out HIV testing is conducted, the Cook County
13Health & Hospitals System shall place signs in English,
14Spanish, and other languages as needed in multiple, highly
15visible locations in the area where HIV testing is conducted
16informing inmates that they will be tested for HIV unless they
17refuse, and refusal or acceptance of testing shall be
18documented in the inmate's medical record. Pre-test
19information shall be provided to the inmate and informed
20consent obtained from the inmate as required in subsection (d)
21of Section 3 and Section 5 of the AIDS Confidentiality Act. The
22Cook County Health & Hospitals System shall follow procedures
23established by the Department of Public Health to conduct HIV
24testing and testing to confirm positive HIV test results. All
25aspects of HIV testing shall comply with the requirements of
26the AIDS Confidentiality Act, including delivery of test

 

 

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1results, as determined by the Cook County Health & Hospitals
2System in consultation with the Illinois Department of Public
3Health. The Department of Public Health and community-based
4organizations certified to provide HIV/AIDS testing may must
5provide these informational materials to the Bureau at no cost
6to the county. The testing provided under this subsection (b)
7shall be conducted by the Cook County Bureau of Health Services
8and shall consist of an enzyme-linked immunosorbent assay
9(ELISA) test or any other test approved by the Department of
10Public Health. If the test result is positive, the Western Blot
11Assay or more reliable confirmatory test shall be administered.
12    (c) In each county, the warden of the jail must make
13appropriate written information concerning HIV/AIDS available
14to every visitor to the jail. This information must include
15information concerning persons or entities to contact for local
16counseling and testing. The Department of Public Health and
17community-based organizations certified to provide HIV/AIDS
18testing must provide these informational materials to the
19warden at no cost to the office of the county sheriff.
20    (d) Implementation of this Section is subject to
21appropriation.
22(Source: P.A. 94-629, eff. 1-1-06.)