Illinois General Assembly - Full Text of HB3453
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Full Text of HB3453  93rd General Assembly

HB3453 93rd General Assembly


093_HB3453

 
                                     LRB093 05071 RLC 05130 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Unified Code of Corrections is amended by
 5    changing Section 3-6-2 as follows:

 6        (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
 7        Sec. 3-6-2.  Institutions and Facility Administration.
 8        (a)  Each institution  and  facility  of  the  Department
 9    shall  be  administered  by  a  chief  administrative officer
10    appointed by the Director.  A  chief  administrative  officer
11    shall   be  responsible  for  all  persons  assigned  to  the
12    institution or facility.  The  chief  administrative  officer
13    shall  administer  the  programs  of  the  Department for the
14    custody and treatment of such persons.
15        (b)  The chief administrative  officer  shall  have  such
16    assistants as the Department may assign.
17        (c)  The  Director  or  Assistant Director shall have the
18    emergency powers to temporarily transfer individuals  without
19    formal procedures to any State, county, municipal or regional
20    correctional  or  detention  institution  or  facility in the
21    State,  subject  to  the   acceptance   of   such   receiving
22    institution  or  facility,  or  to  designate  any reasonably
23    secure place in the State as such an institution or  facility
24    and  to make transfers thereto. However, transfers made under
25    emergency powers shall be reviewed  as  soon  as  practicable
26    under Article 8, and shall be subject to Section 5-905 of the
27    Juvenile  Court Act of 1987.  This Section shall not apply to
28    transfers to the  Department  of  Human  Services  which  are
29    provided for under Section 3-8-5 or Section 3-10-5.
30        (d)  The  Department  shall  provide educational programs
31    for all  committed  persons  so  that  all  persons  have  an
 
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 1    opportunity to attain the achievement level equivalent to the
 2    completion  of  the twelfth grade in the public school system
 3    in this State. Other higher levels  of  attainment  shall  be
 4    encouraged  and  professional instruction shall be maintained
 5    wherever possible. The Department may establish  programs  of
 6    mandatory  education  and may establish rules and regulations
 7    for the administration of such programs. A  person  committed
 8    to  the  Department  who,  during  the  period  of his or her
 9    incarceration,  participates  in   an   educational   program
10    provided  by  or  through  the  Department  and  through that
11    program is awarded or earns the number  of  hours  of  credit
12    required  for  the  award  of an associate, baccalaureate, or
13    higher  degree  from  a  community   college,   college,   or
14    university  located  in  Illinois  shall reimburse the State,
15    through the Department, for the costs incurred by  the  State
16    in providing that person during his or her incarceration with
17    the education that qualifies him or her for the award of that
18    degree.   The costs for which reimbursement is required under
19    this subsection shall  be  determined  and  computed  by  the
20    Department   under   rules  and  regulations  that  it  shall
21    establish for that purpose.  However, interest at the rate of
22    6% per annum shall be charged on the balance of  those  costs
23    from  time  to  time  remaining  unpaid, from the date of the
24    person's parole, mandatory  supervised  release,  or  release
25    constituting  a final termination of his or her commitment to
26    the Department until paid.
27        (e)  A person committed to the Department who becomes  in
28    need  of  medical  or  surgical treatment but is incapable of
29    giving consent thereto shall receive such medical or surgical
30    treatment by the chief administrative officer  consenting  on
31    the  person's behalf. Before the chief administrative officer
32    consents, he or she shall obtain the advice of  one  or  more
33    physicians  licensed to practice medicine in all its branches
34    in this State.  If such physician or physicians advise:
 
                            -3-      LRB093 05071 RLC 05130 b
 1             (1)  that immediate medical or surgical treatment is
 2        required relative to a  condition  threatening  to  cause
 3        death,  damage  or  impairment  to  bodily  functions, or
 4        disfigurement; and
 5             (2)  that  the  person  is  not  capable  of  giving
 6        consent  to  such  treatment;  the  chief  administrative
 7        officer may give consent for  such  medical  or  surgical
 8        treatment,  and  such  consent  shall be deemed to be the
 9        consent of the person for all  purposes,  including,  but
10        not limited to, the authority of a physician to give such
11        treatment.
12        (f)  In  the  event that the person requires medical care
13    and treatment at  a  place  other  than  the  institution  or
14    facility,   the   person   may  be  removed  therefrom  under
15    conditions prescribed by the Department. The Department shall
16    require the committed  person  receiving  medical  or  dental
17    services  to  pay  the  total  cost  of  those  services on a
18    non-emergency basis to pay a $2 co-payment to the  Department
19    for each visit for medical or dental services.  The amount of
20    the  payment  each  co-payment  shall  be  deducted  from the
21    committed person's individual account. A committed person who
22    has a chronic illness, as defined  by  Department  rules  and
23    regulations,  shall  be  exempt  from  the  $2 co-payment for
24    treatment of the chronic illness.  A committed  person  shall
25    not  be  subject  to  a  $2  co-payment  for follow-up visits
26    ordered by a physician, who  is  employed  by,  or  contracts
27    with,  the Department.  A committed person who is indigent is
28    exempt from the $2 co-payment  and  is  entitled  to  receive
29    medical  or  dental services on the same basis as a committed
30    person who is financially  able  to  afford  the  co-payment.
31    Notwithstanding any other provision in this subsection (f) to
32    the  contrary,  any person committed to any facility operated
33    by the Juvenile Division, as set forth in subsection  (b)  of
34    Section  3-2-5  of  this  Code,  is  exempt  from the payment
 
                            -4-      LRB093 05071 RLC 05130 b
 1    co-payment requirement for the  duration  of  confinement  in
 2    those facilities.
 3        (f-5)  If a victim of an offense incurs medical or dental
 4    expenses  as  a  result of the committed person's offense and
 5    the victim's  injuries  are  covered  by  medical  or  dental
 6    insurance, the victim's insurance company shall be reimbursed
 7    by  the committed person for those medical or dental expenses
 8    paid by the insurance company under the policy of insurance.
 9        (g)  Any person having sole custody of  a  child  at  the
10    time of commitment or any woman giving birth to a child after
11    her   commitment,  may  arrange  through  the  Department  of
12    Children and Family Services for suitable  placement  of  the
13    child  outside of the Department of Corrections. The Director
14    of the Department of Corrections may determine that there are
15    special reasons why the child should continue in the  custody
16    of the mother until the child is 6 years old.
17        (h)  The  Department  may  provide  Family Responsibility
18    Services which may consist of, but  not  be  limited  to  the
19    following:
20             (1)  family advocacy counseling;
21             (2)  parent self-help group;
22             (3)  parenting skills training;
23             (4)  parent and child overnight program;
24             (5)  parent   and  child  reunification  counseling,
25        either separately or  together,  preceding  the  inmate's
26        release; and
27             (6)  a  prerelease  reunification staffing involving
28        the  family   advocate,  the  inmate  and   the   child's
29        counselor, or both and the inmate.
30        (i)  Prior  to  the  release  of  any  inmate  who  has a
31    documented history of intravenous  drug  use,  and  upon  the
32    receipt  of  that  inmate's  written  informed  consent,  the
33    Department  shall  provide for the testing of such inmate for
34    infection with human immunodeficiency  virus  (HIV)  and  any
 
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 1    other identified causative agent of acquired immunodeficiency
 2    syndrome  (AIDS).  The testing provided under this subsection
 3    shall consist of an enzyme-linked immunosorbent assay (ELISA)
 4    test or such other test as may be approved  by  the  Illinois
 5    Department  of Public Health. If the test result is positive,
 6    the Western Blot Assay or  more  reliable  confirmatory  test
 7    shall  be administered. All inmates tested in accordance with
 8    the provisions of this  subsection  shall  be  provided  with
 9    pre-test   and   post-test  counseling.  Notwithstanding  any
10    provision of this subsection to the contrary, the  Department
11    shall  not  be required to conduct the testing and counseling
12    required by this subsection unless sufficient funds to  cover
13    all costs of such testing and counseling are appropriated for
14    that purpose by the General Assembly.
15    (Source: P.A. 91-912, eff. 7-7-00; 92-292, eff. 8-9-01.)