Rep. Camille Y Lilly

Filed: 3/14/2011

 

 


 

 


 
09700HB1748ham001LRB097 08873 RLC 52975 a

1
AMENDMENT TO HOUSE BILL 1748

2    AMENDMENT NO. ______. Amend House Bill 1748 by replacing
3everything after the enacting clause with the following:
 
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.

 

 

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1    (c) The Director or Assistant Director shall have the
2emergency powers to temporarily transfer individuals without
3formal procedures to any State, county, municipal or regional
4correctional or detention institution or facility in the State,
5subject to the acceptance of such receiving institution or
6facility, or to designate any reasonably secure place in the
7State as such an institution or facility and to make transfers
8thereto. However, transfers made under emergency powers shall
9be reviewed as soon as practicable under Article 8, and shall
10be subject to Section 5-905 of the Juvenile Court Act of 1987.
11This Section shall not apply to transfers to the Department of
12Human Services which are provided for under Section 3-8-5 or
13Section 3-10-5.
14    (d) The Department shall provide educational programs for
15all committed persons so that all persons have an opportunity
16to attain the achievement level equivalent to the completion of
17the twelfth grade in the public school system in this State.
18Other higher levels of attainment shall be encouraged and
19professional instruction shall be maintained wherever
20possible. The Department may establish programs of mandatory
21education and may establish rules and regulations for the
22administration of such programs. A person committed to the
23Department who, during the period of his or her incarceration,
24participates in an educational program provided by or through
25the Department and through that program is awarded or earns the
26number of hours of credit required for the award of an

 

 

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1associate, baccalaureate, or higher degree from a community
2college, college, or university located in Illinois shall
3reimburse the State, through the Department, for the costs
4incurred by the State in providing that person during his or
5her incarceration with the education that qualifies him or her
6for the award of that degree. The costs for which reimbursement
7is required under this subsection shall be determined and
8computed by the Department under rules and regulations that it
9shall establish for that purpose. However, interest at the rate
10of 6% per annum shall be charged on the balance of those costs
11from time to time remaining unpaid, from the date of the
12person's parole, mandatory supervised release, or release
13constituting a final termination of his or her commitment to
14the Department until paid.
15    (d-5) A person committed to the Department is entitled to
16confidential testing for infection with human immunodeficiency
17virus (HIV) and to counseling in connection with such testing,
18with no copay to the committed person. A person committed to
19the Department who has tested positive for infection with HIV
20is entitled to medical care while incarcerated, counseling, and
21referrals to support services, in connection with that positive
22test result. Implementation of this subsection (d-5) is subject
23to appropriation.
24    (e) A person committed to the Department who becomes in
25need of medical or surgical treatment but is incapable of
26giving consent thereto shall receive such medical or surgical

 

 

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1treatment by the chief administrative officer consenting on the
2person's behalf. Before the chief administrative officer
3consents, he or she shall obtain the advice of one or more
4physicians licensed to practice medicine in all its branches in
5this State. If such physician or physicians advise:
6        (1) that immediate medical or surgical treatment is
7    required relative to a condition threatening to cause
8    death, damage or impairment to bodily functions, or
9    disfigurement; and
10        (2) that the person is not capable of giving consent to
11    such treatment; the chief administrative officer may give
12    consent for such medical or surgical treatment, and such
13    consent shall be deemed to be the consent of the person for
14    all purposes, including, but not limited to, the authority
15    of a physician to give such treatment.
16    (e-5) If a physician providing medical care to a committed
17person on behalf of the Department advises the chief
18administrative officer that the committed person's mental or
19physical health has deteriorated as a result of the cessation
20of ingestion of food or liquid to the point where medical or
21surgical treatment is required to prevent death, damage, or
22impairment to bodily functions, the chief administrative
23officer may authorize such medical or surgical treatment.
24    (f) In the event that the person requires medical care and
25treatment at a place other than the institution or facility,
26the person may be removed therefrom under conditions prescribed

 

 

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1by the Department. The Department shall require the committed
2person receiving medical or dental services on a non-emergency
3basis to pay a $2 co-payment to the Department for each visit
4for medical or dental services. The amount of each co-payment
5shall be deducted from the committed person's individual
6account. A committed person who has a chronic illness, as
7defined by Department rules and regulations, shall be exempt
8from the $2 co-payment for treatment of the chronic illness. A
9committed person shall not be subject to a $2 co-payment for
10follow-up visits ordered by a physician, who is employed by, or
11contracts with, the Department. A committed person who is
12indigent is exempt from the $2 co-payment and is entitled to
13receive medical or dental services on the same basis as a
14committed person who is financially able to afford the
15co-payment. Notwithstanding any other provision in this
16subsection (f) to the contrary, any person committed to any
17facility operated by the Department of Juvenile Justice, as set
18forth in Section 3-2.5-15 of this Code, is exempt from the
19co-payment requirement for the duration of confinement in those
20facilities.
21    (g) Any person having sole custody of a child at the time
22of commitment or any woman giving birth to a child after her
23commitment, may arrange through the Department of Children and
24Family Services for suitable placement of the child outside of
25the Department of Corrections. The Director of the Department
26of Corrections may determine that there are special reasons why

 

 

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1the child should continue in the custody of the mother until
2the child is 6 years old.
3    (h) The Department may provide Family Responsibility
4Services which may consist of, but not be limited to the
5following:
6        (1) family advocacy counseling;
7        (2) parent self-help group;
8        (3) parenting skills training;
9        (4) parent and child overnight program;
10        (5) parent and child reunification counseling, either
11    separately or together, preceding the inmate's release;
12    and
13        (6) a prerelease reunification staffing involving the
14    family advocate, the inmate and the child's counselor, or
15    both and the inmate.
16    (i) (Blank). Prior to the release of any inmate who has a
17documented history of intravenous drug use, and upon the
18receipt of that inmate's written informed consent, the
19Department shall provide for the testing of such inmate for
20infection with human immunodeficiency virus (HIV) and any other
21identified causative agent of acquired immunodeficiency
22syndrome (AIDS). The testing provided under this subsection
23shall consist of an enzyme-linked immunosorbent assay (ELISA)
24test or such other test as may be approved by the Illinois
25Department of Public Health. If the test result is positive,
26the Western Blot Assay or more reliable confirmatory test shall

 

 

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1be administered. All inmates tested in accordance with the
2provisions of this subsection shall be provided with pre-test
3and post-test counseling. Notwithstanding any provision of
4this subsection to the contrary, the Department shall not be
5required to conduct the testing and counseling required by this
6subsection unless sufficient funds to cover all costs of such
7testing and counseling are appropriated for that purpose by the
8General Assembly.
9    (j) Any person convicted of a sex offense as defined in the
10Sex Offender Management Board Act shall be required to receive
11a sex offender evaluation prior to release into the community
12from the Department of Corrections. The sex offender evaluation
13shall be conducted in conformance with the standards and
14guidelines developed under the Sex Offender Management Board
15Act and by an evaluator approved by the Board.
16    (k) Any minor committed to the Department of Juvenile
17Justice for a sex offense as defined by the Sex Offender
18Management Board Act shall be required to undergo sex offender
19treatment by a treatment provider approved by the Board and
20conducted in conformance with the Sex Offender Management Board
21Act.
22    (l) Prior to the release of any inmate committed to a
23facility of the Department or the Department of Juvenile
24Justice, the Department must provide the inmate with
25appropriate information verbally, in writing, by video, or
26other electronic means, concerning HIV and AIDS. The Department

 

 

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1shall develop the informational materials in consultation with
2the Department of Public Health. At the same time, the
3Department must also offer the committed person the option of
4testing for infection with human immunodeficiency virus (HIV),
5as well as counseling in connection with such testing, with no
6copayment for the test. Pre-test information shall be provided
7to the committed person and informed consent obtained as
8required in subsection (d) of Section 3 and Section 5 of the
9AIDS Confidentiality Act. The Department may conduct opt-out
10HIV testing as defined in Section 4 of the AIDS Confidentiality
11Act. If the Department conducts opt-out HIV testing, the
12Department shall place signs in English, Spanish and other
13languages as needed in multiple, highly visible locations in
14the area where HIV testing is conducted informing inmates that
15they will be tested for HIV unless they refuse, and refusal or
16acceptance of testing shall be documented in the inmate's
17medical record. The Department shall follow procedures
18established by the Department of Public Health to conduct HIV
19testing and testing to confirm positive HIV test results. All
20testing must be conducted by medical personnel, but pre-test
21and other information may be provided by committed persons who
22have received appropriate training. The Department, in
23conjunction with the Department of Public Health, shall develop
24a plan that complies with the AIDS Confidentiality Act to
25deliver confidentially all positive or negative HIV test
26results to inmates or former inmates. Nothing in this Section

 

 

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1shall require the Department to offer HIV testing to an inmate
2who is known to be infected with HIV, or who has been tested
3for HIV within the previous 180 days and whose documented HIV
4test result is available to the Department electronically. At
5the same time, the Department shall require each such inmate to
6sign a form stating that the inmate has been informed of his or
7her rights with respect to the testing required to be offered
8under this subsection (l) and providing the inmate with an
9opportunity to indicate either that he or she wants to be
10tested or that he or she does not want to be tested. The
11Department, in consultation with the Department of Public
12Health, shall prescribe the contents of the form. The testing
13provided under this subsection (l) shall consist of an
14enzyme-linked immunosorbent assay (ELISA) test or any other
15test approved by the Department of Public Health. If the test
16result is positive, the Western Blot Assay or more reliable
17confirmatory test shall be administered.
18    Prior to the release of an inmate who the Department knows
19has tested positive for infection with HIV, the Department in a
20timely manner shall offer the inmate transitional case
21management, including referrals to other support services.
22    Implementation of this subsection (l) is subject to
23appropriation.
24    (m) The chief administrative officer of each institution or
25facility of the Department shall make a room in the institution
26or facility available for addiction recovery services to be

 

 

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1provided to committed persons on a voluntary basis. The
2services shall be provided for one hour once a week at a time
3specified by the chief administrative officer of the
4institution or facility if the following conditions are met:
5        (1) the addiction recovery service contacts the chief
6    administrative officer to arrange the meeting;
7        (2) the committed person may attend the meeting for
8    addiction recovery services only if the committed person
9    uses pre-existing free time already available to the
10    committed person;
11        (3) all disciplinary and other rules of the institution
12    or facility remain in effect;
13        (4) the committed person is not given any additional
14    privileges to attend addiction recovery services;
15        (5) if the addiction recovery service does not arrange
16    for scheduling a meeting for that week, no addiction
17    recovery services shall be provided to the committed person
18    in the institution or facility for that week;
19        (6) the number of committed persons who may attend an
20    addiction recovery meeting shall not exceed 40 during any
21    session held at the correctional institution or facility;
22        (7) a volunteer seeking to provide addiction recovery
23    services under this subsection (m) must submit an
24    application to the Department of Corrections under
25    existing Department rules and the Department must review
26    the application within 60 days after submission of the

 

 

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1    application to the Department; and
2        (8) each institution and facility of the Department
3    shall manage the addiction recovery services program
4    according to its own processes and procedures.
5    For the purposes of this subsection (m), "addiction
6recovery services" means recovery services for alcoholics and
7addicts provided by volunteers of recovery support services
8recognized by the Department of Human Services.
9(Source: P.A. 96-284, eff. 1-1-10.)
 
10    (730 ILCS 5/3-8-2)  (from Ch. 38, par. 1003-8-2)
11    Sec. 3-8-2. Social Evaluation; physical examination;
12HIV/AIDS.
13    (a) A social evaluation shall be made of a committed
14person's medical, psychological, educational and vocational
15condition and history, including the use of alcohol and other
16drugs, the circumstances of his offense, and such other
17information as the Department may determine. The committed
18person shall be assigned to an institution or facility in so
19far as practicable in accordance with the social evaluation.
20Recommendations shall be made for medical, dental,
21psychiatric, psychological and social service treatment.
22    (b) A record of the social evaluation shall be entered in
23the committed person's master record file and shall be
24forwarded to the institution or facility to which the person is
25assigned.

 

 

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1    (c) Upon admission to a correctional institution each
2committed person shall be given a physical examination. If he
3is suspected of having a communicable disease that in the
4judgment of the Department medical personnel requires medical
5isolation, the committed person shall remain in medical
6isolation until it is no longer deemed medically necessary.
7    (d) Upon arrival at a reception and classification center
8or an inmate's final destination, the Department must provide
9the committed person with appropriate information in writing,
10verbally, by video or other electronic means written
11information and counseling concerning HIV and AIDS. The
12Department shall develop the informational written materials
13in consultation with the Department of Public Health. At the
14same time, the Department also must offer the committed person
15the option of being tested, with no copayment, for infection
16with human immunodeficiency virus (HIV). Pre-test information
17shall be provided to the committed person and informed consent
18obtained as required in subsection (d) of Section 3 and Section
195 of the AIDS Confidentiality Act. The Department may conduct
20opt-out HIV testing as defined in Section 4 of the AIDS
21Confidentiality Act. If the Department conducts opt-out HIV
22testing, the Department shall place signs in English, Spanish
23and other languages as needed in multiple, highly visible
24locations in the area where HIV testing is conducted informing
25inmates that they will be tested for HIV unless they refuse,
26and refusal or acceptance of testing shall be documented in the

 

 

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1inmate's medical record. The Department shall follow
2procedures established by the Department of Public Health to
3conduct HIV testing and testing to confirm positive HIV test
4results. All testing must be conducted by medical personnel,
5but pre-test and other information may be provided by committed
6persons who have received appropriate training. The
7Department, in conjunction with the Department of Public
8Health, shall develop a plan that complies with the AIDS
9Confidentiality Act to deliver confidentially all positive or
10negative HIV test results to inmates or former inmates. Nothing
11in this Section shall require the Department to offer HIV
12testing to an inmate who is known to be infected with HIV, or
13who has been tested for HIV within the previous 180 days and
14whose documented HIV test result is available to the Department
15electronically. The Department shall require each committed
16person to sign a form stating that the committed person has
17been informed of his or her rights with respect to the testing
18required to be offered under this subsection (d) and providing
19the committed person with an opportunity to indicate either
20that he or she wants to be tested or that he or she does not
21want to be tested. The Department, in consultation with the
22Department of Public Health, shall prescribe the contents of
23the form. The testing provided under this subsection (d) shall
24consist of an enzyme-linked immunosorbent assay (ELISA) test or
25any other test approved by the Department of Public Health. If
26the test result is positive, the Western Blot Assay or more

 

 

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1reliable confirmatory test shall be administered.
2Implementation of this subsection (d) is subject to
3appropriation.
4(Source: P.A. 94-629, eff. 1-1-06.)
 
5    (730 ILCS 5/3-10-2)  (from Ch. 38, par. 1003-10-2)
6    Sec. 3-10-2. Examination of Persons Committed to the
7Department of Juvenile Justice.
8    (a) A person committed to the Department of Juvenile
9Justice shall be examined in regard to his medical,
10psychological, social, educational and vocational condition
11and history, including the use of alcohol and other drugs, the
12circumstances of his offense and any other information as the
13Department of Juvenile Justice may determine.
14    (a-5) Upon admission of a person committed to the
15Department of Juvenile Justice, the Department of Juvenile
16Justice must provide the person with appropriate information
17written information and counseling concerning HIV and AIDS in
18writing, verbally, or by video or other electronic means. The
19Department of Juvenile Justice shall develop the informational
20written materials in consultation with the Department of Public
21Health. At the same time, the Department of Juvenile Justice
22also must offer the person the option of being tested, at no
23charge to the person, for infection with human immunodeficiency
24virus (HIV). Pre-test information shall be provided to the
25committed 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 of Juvenile Justice may
3conduct opt-out HIV testing as defined in Section 4 of the AIDS
4Confidentiality Act. If the Department conducts opt-out HIV
5testing, the Department shall place signs in English, Spanish
6and other languages as needed in multiple, highly visible
7locations in the area where HIV testing is conducted informing
8inmates that they will be tested for HIV unless they refuse,
9and refusal or acceptance of testing shall be documented in the
10inmate's medical record. The Department shall follow
11procedures established by the Department of Public Health to
12conduct HIV testing and testing to confirm positive HIV test
13results. All testing must be conducted by medical personnel,
14but pre-test and other information may be provided by committed
15persons who have received appropriate training. The
16Department, in conjunction with the Department of Public
17Health, shall develop a plan that complies with the AIDS
18Confidentiality Act to deliver confidentially all positive or
19negative HIV test results to inmates or former inmates. Nothing
20in this Section shall require the Department to offer HIV
21testing to an inmate who is known to be infected with HIV, or
22who has been tested for HIV within the previous 180 days and
23whose documented HIV test result is available to the Department
24electronically. or any other identified causative agent of
25acquired immunodeficiency syndrome (AIDS). The Department of
26Juvenile Justice shall require each person committed to the

 

 

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1Department of Juvenile Justice to sign a form stating that the
2person has been informed of his or her rights with respect to
3the testing required to be offered under this subsection (a-5)
4and providing the person with an opportunity to indicate either
5that he or she wants to be tested or that he or she does not
6want to be tested. The Department of Juvenile Justice, in
7consultation with the Department of Public Health, shall
8prescribe the contents of the form. The testing provided under
9this subsection (a-5) shall consist of an enzyme-linked
10immunosorbent assay (ELISA) test or any other test approved by
11the Department of Public Health. If the test result is
12positive, the Western Blot Assay or more reliable confirmatory
13test shall be administered.
14    Also upon admission of a person committed to the Department
15of Juvenile Justice, the Department of Juvenile Justice must
16inform the person of the Department's obligation to provide the
17person with medical care.
18    Implementation of this subsection (a-5) is subject to
19appropriation.
20    (b) Based on its examination, the Department of Juvenile
21Justice may exercise the following powers in developing a
22treatment program of any person committed to the Department of
23Juvenile Justice:
24        (1) Require participation by him in vocational,
25    physical, educational and corrective training and
26    activities to return him to the community.

 

 

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

 

 

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1(Source: P.A. 94-629, eff. 1-1-06; 94-696, eff. 6-1-06.)
 
2    Section 10. The County Jail Act is amended by changing
3Section 17.10 as follows:
 
4    (730 ILCS 125/17.10)
5    Sec. 17.10. Requirements in connection with HIV/AIDS.
6    (a) In each county other than Cook, during the medical
7admissions exam, the warden of the jail, a correctional officer
8at the jail, or a member of the jail medical staff must provide
9the prisoner with appropriate written information concerning
10human immunodeficiency virus (HIV) and acquired
11immunodeficiency syndrome (AIDS). The Department of Public
12Health and community-based organizations certified to provide
13HIV/AIDS testing must provide these informational materials to
14the warden at no cost to the county. The warden, a correctional
15officer, or a member of the jail medical staff must inform the
16prisoner of the option of being tested for infection with HIV
17by a certified local community-based agency or other available
18medical provider at no charge to the prisoner.
19    (b) In Cook County, during the medical admissions exam, an
20employee of the Cook County Health & Hospitals System Bureau of
21Health Services must provide the prisoner with appropriate
22written information in writing, verbally or by video or other
23electronic means concerning human immunodeficiency virus (HIV)
24and acquired immunodeficiency syndrome (AIDS) and must also

 

 

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1provide the prisoner with option of testing for infection with
2HIV or any other identified causative agent of AIDS, as well as
3counseling in connection with such testing. The Cook County
4Health & Hospitals System may provide the inmate with opt-out
5human immunodeficiency virus (HIV) testing, as defined in
6Section 4 of the AIDS Confidentiality Act, unless the inmate
7refuses. If opt-out HIV testing is conducted, the Cook County
8Health & Hospitals System shall place signs in English,
9Spanish, and other languages as needed in multiple, highly
10visible locations in the area where HIV testing is conducted
11informing inmates that they will be tested for HIV unless they
12refuse, and refusal or acceptance of testing shall be
13documented in the inmate's medical record. Pre-test
14information shall be provided to the inmate and informed
15consent obtained from the inmate as required in subsection (d)
16of Section 3 and Section 5 of the AIDS Confidentiality Act. The
17Cook County Health & Hospitals System shall follow procedures
18established by the Department of Public Health to conduct HIV
19testing and testing to confirm positive HIV test results. All
20aspects of HIV testing shall comply with the requirements of
21the AIDS Confidentiality Act, including delivery of test
22results, as determined by the Cook County Health & Hospitals
23System in consultation with the Illinois Department of Public
24Health. Nothing in this Section shall require the Cook County
25Health & Hospitals System to offer HIV testing to inmates who
26are known to be infected with HIV. The Department of Public

 

 

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1Health and community-based organizations certified to provide
2HIV/AIDS testing may must provide these informational
3materials to the Bureau at no cost to the county. The testing
4provided under this subsection (b) shall be conducted by the
5Cook County Bureau of Health Services and shall consist of an
6enzyme-linked immunosorbent assay (ELISA) test or any other
7test approved by the Department of Public Health. If the test
8result is positive, the Western Blot Assay or more reliable
9confirmatory test shall be administered.
10    (c) In each county, the warden of the jail must make
11appropriate written information concerning HIV/AIDS available
12to every visitor to the jail. This information must include
13information concerning persons or entities to contact for local
14counseling and testing. The Department of Public Health and
15community-based organizations certified to provide HIV/AIDS
16testing must provide these informational materials to the
17warden at no cost to the office of the county sheriff.
18    (d) Implementation of this Section is subject to
19appropriation.
20(Source: P.A. 94-629, eff. 1-1-06.)
 
21    Section 99. Effective date. This Act takes effect August 1,
222011.".