Full Text of HB0255 94th General Assembly
HB0255ham003 94TH GENERAL ASSEMBLY
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Rep. Mary E. Flowers
Filed: 2/24/2005
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09400HB0255ham003 |
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LRB094 04960 RLC 41825 a |
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| AMENDMENT TO HOUSE BILL 255
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| AMENDMENT NO. ______. Amend House Bill 255, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Unified Code of Corrections is amended by | 6 |
| changing Sections 3-1-2, 3-5-1, 3-6-2, and 5-5-3 and by adding | 7 |
| Section 5-1-9.1 as follows:
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| (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
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| Sec. 3-1-2. Definitions. (a) "Chief Administrative | 10 |
| Officer" means the
person designated by the Director to | 11 |
| exercise the powers and duties of the
Department of Corrections | 12 |
| in regard to committed persons within
a correctional | 13 |
| institution or facility, and includes the
superintendent of any | 14 |
| juvenile institution or facility.
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| (b) "Commitment" means a judicially determined placement
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| in the custody of the Department of Corrections on the basis of
| 17 |
| delinquency or conviction.
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| (c) "Committed Person" is a person committed to the | 19 |
| Department,
however a committed person shall not be considered | 20 |
| to be an employee of
the Department of Corrections for any | 21 |
| purpose, including eligibility for
a pension, benefits, or any | 22 |
| other compensation or rights or privileges which
may be | 23 |
| provided to employees of the Department.
| 24 |
| (d) "Correctional Institution or Facility" means any |
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| building or
part of a building where committed persons are kept | 2 |
| in a secured manner.
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| (e) "Department" means the Department of Corrections of | 4 |
| this State.
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| (f) "Director" means the Director of the Department of | 6 |
| Corrections.
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| (g) "Discharge" means the final termination of a commitment
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| to the Department of Corrections.
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| (h) "Discipline" means the rules and regulations for the
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| maintenance of order and the protection of persons and property
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| within the institutions and facilities of the Department and
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| their enforcement.
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| (i) "Escape" means the intentional and unauthorized | 14 |
| absence
of a committed person from the custody of the | 15 |
| Department.
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| (j) "Furlough" means an authorized leave of absence from | 17 |
| the
Department of Corrections for a designated purpose and | 18 |
| period of time.
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| (j-5) "HIV/AIDS" means the human immunodeficiency virus or | 20 |
| any other
identified causative agent of acquired | 21 |
| immunodeficiency syndrome.
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| (k) "Parole" means the conditional and revocable release
of | 23 |
| a committed person under the supervision of a parole officer.
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| (l) "Prisoner Review Board" means the Board established in
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| Section 3-3-1(a), independent of the Department, to review
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| rules and regulations with respect to good time credits, to
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| hear charges brought by the Department against certain | 28 |
| prisoners
alleged to have violated Department rules with | 29 |
| respect to good
time credits, to set release dates for certain | 30 |
| prisoners
sentenced under the law in effect prior to the | 31 |
| effective
date of this Amendatory Act of 1977, to hear requests | 32 |
| and
make recommendations to the Governor with respect to | 33 |
| pardon,
reprieve or commutation, to set conditions for parole | 34 |
| and
mandatory supervised release and determine whether |
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| violations
of those conditions justify revocation of parole or | 2 |
| release,
and to assume all other functions previously exercised | 3 |
| by the
Illinois Parole and Pardon Board.
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| (m) Whenever medical treatment, service, counseling, or
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| care is referred to in this Unified Code of Corrections,
such | 6 |
| term may be construed by the Department or Court, within
its | 7 |
| discretion, to include treatment, service or counseling by
a | 8 |
| Christian Science practitioner or nursing care appropriate
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| therewith whenever request therefor is made by a person subject
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| to the provisions of this Act.
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| (n) "Victim" shall have the meaning ascribed to it in | 12 |
| subsection (a) of
Section 3 of the Bill of Rights for Victims | 13 |
| and Witnesses of Violent Crime Act.
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| (Source: P.A. 83-1433; 83-1499.)
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| (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
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| Sec. 3-5-1. Master Record File.
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| (a) The Department shall
maintain a master record file on | 18 |
| each person committed to it,
which shall contain the following | 19 |
| information:
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| (1) all information from the committing court;
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| (2) reception summary;
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| (3) evaluation and assignment reports and | 23 |
| recommendations;
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| (4) reports as to program assignment and progress;
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| (5) reports of disciplinary infractions and | 26 |
| disposition;
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| (6) any parole plan;
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| (7) any parole reports;
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| (8) the date and circumstances of final discharge; | 30 |
| (9) The results of an HIV/AIDS test administered under | 31 |
| subsection (i) of Section 3-6-2; and | 32 |
| (10) any
other pertinent data concerning the person's | 33 |
| background,
conduct, associations and family relationships |
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| as may be
required by the Department. | 2 |
| A current summary index shall be
maintained on each file | 3 |
| which shall include the person's known active and
past
gang | 4 |
| affiliations and ranks.
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| (b) All files shall be confidential and access shall be
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| limited to authorized personnel of the Department.
Personnel of | 7 |
| other correctional, welfare or law enforcement
agencies may | 8 |
| have access to files under rules and regulations
of the | 9 |
| Department. The Department shall keep a record of all
outside | 10 |
| personnel who have access to files, the files reviewed,
any | 11 |
| file material copied, and the purpose of access. If the
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| Department or the Prisoner Review Board makes a determination
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| under this Code which affects the length of the period of
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| confinement or commitment, the committed person and his counsel
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| shall be advised of factual information relied upon by the
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| Department or Board to make the determination, provided that
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| the Department or Board shall not be required to advise a
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| person committed to the Juvenile Division any such information
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| which in the opinion of the Department or Board would be
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| detrimental to his treatment or rehabilitation.
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| (c) The master file shall be maintained at a place
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| convenient to its use by personnel of the Department in
charge | 23 |
| of the person. When custody of a person is transferred
from the | 24 |
| Department to another department or agency, a
summary of the | 25 |
| file shall be forwarded to the receiving
agency with such other | 26 |
| information required by law or
requested by the agency under | 27 |
| rules and regulations of the
Department.
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| (d) The master file of a person no longer in the custody
of | 29 |
| the Department shall be placed on inactive status and its
use | 30 |
| shall be restricted subject to rules and regulations of
the | 31 |
| Department.
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| (e) All public agencies may make available to the
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| Department on request any factual data not otherwise
privileged | 34 |
| as a matter of law in their possession in respect
to |
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| individuals committed to the Department.
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| (Source: P.A. 89-688, eff. 6-1-97; 89-689, eff. 12-31-96.)
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| (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
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| Sec. 3-6-2. Institutions and Facility Administration.
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| (a) Each institution and facility of the Department shall | 6 |
| be
administered by a chief administrative officer appointed by
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| the Director. A chief administrative officer shall be
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| responsible for all persons assigned to the institution or
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| facility. The chief administrative officer shall administer
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| the programs of the Department for the custody and treatment
of | 11 |
| such persons.
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| (b) The chief administrative officer shall have such | 13 |
| assistants
as the Department may assign.
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| (c) The Director or Assistant Director shall have the
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| emergency powers to temporarily transfer individuals without
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| formal procedures to any State, county, municipal or regional
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| correctional or detention institution or facility in the State,
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| subject to the acceptance of such receiving institution or
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| facility, or to designate any reasonably secure place in the
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| State as such an institution or facility and to make transfers
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| thereto. However, transfers made under emergency powers shall
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| be reviewed as soon as practicable under Article 8, and shall
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| be subject to Section 5-905 of the Juvenile Court Act of
1987. | 24 |
| This Section shall not apply to transfers to the Department of
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| Human Services which are provided for under
Section 3-8-5 or | 26 |
| Section 3-10-5.
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| (d) The Department shall provide educational programs for | 28 |
| all
committed persons so that all persons have an opportunity | 29 |
| to
attain the achievement level equivalent to the completion of
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| the twelfth grade in the public school system in this State.
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| Other higher levels of attainment shall be encouraged and
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| professional instruction shall be maintained wherever | 33 |
| possible.
The Department may establish programs of mandatory |
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| education and may
establish rules and regulations for the | 2 |
| administration of such programs.
A person committed to the | 3 |
| Department who, during the period of his or her
incarceration, | 4 |
| participates in an educational program provided by or through
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| the Department and through that program is awarded or earns the | 6 |
| number of
hours of credit required for the award of an | 7 |
| associate, baccalaureate, or
higher degree from a community | 8 |
| college, college, or university located in
Illinois shall | 9 |
| reimburse the State, through the Department, for the costs
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| incurred by the State in providing that person during his or | 11 |
| her incarceration
with the education that qualifies him or her | 12 |
| for the award of that degree. The
costs for which reimbursement | 13 |
| is required under this subsection shall be
determined and | 14 |
| computed by the Department under rules and regulations that
it | 15 |
| shall establish for that purpose. However, interest at the rate | 16 |
| of 6%
per annum shall be charged on the balance of those costs | 17 |
| from time to time
remaining unpaid, from the date of the | 18 |
| person's parole, mandatory supervised
release, or release | 19 |
| constituting a final termination of his or her commitment
to | 20 |
| the Department until paid.
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| (e) A person committed to the Department who becomes in | 22 |
| need
of medical or surgical treatment but is incapable of | 23 |
| giving
consent thereto shall receive such medical or surgical | 24 |
| treatment
by the chief administrative officer consenting on the | 25 |
| person's behalf.
Before the chief administrative officer | 26 |
| consents, he or she shall
obtain the advice of one or more | 27 |
| physicians licensed to practice medicine
in all its branches in | 28 |
| this State. If such physician or physicians advise:
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| (1) that immediate medical or surgical treatment is | 30 |
| required
relative to a condition threatening to cause | 31 |
| death, damage or
impairment to bodily functions, or | 32 |
| disfigurement; and
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| (2) that the person is not capable of giving consent to | 34 |
| such treatment;
the chief administrative officer may give |
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| consent for such
medical or surgical treatment, and such | 2 |
| consent shall be
deemed to be the consent of the person for | 3 |
| all purposes,
including, but not limited to, the authority | 4 |
| of a physician
to give such treatment. | 5 |
| (e-5) If a physician providing medical care to a committed | 6 |
| person on behalf of the Department advises the chief | 7 |
| administrative officer that the committed person's mental or | 8 |
| physical health has deteriorated as a result of the cessation | 9 |
| of ingestion of food or liquid to the point where medical or | 10 |
| surgical treatment is required to prevent death, damage, or | 11 |
| impairment to bodily functions, the chief administrative | 12 |
| officer may authorize such medical or surgical treatment.
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| (f) In the event that the person requires medical care and
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| treatment at a place other than the institution or facility,
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| the person may be removed therefrom under conditions prescribed
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| by the Department.
The Department shall require the committed | 17 |
| person receiving medical or dental
services on a non-emergency | 18 |
| basis to pay a $2 co-payment to the Department for
each visit | 19 |
| for medical or dental services. The amount of each co-payment | 20 |
| shall be deducted from the
committed person's individual | 21 |
| account.
A committed person who has a chronic illness, as | 22 |
| defined by Department rules
and regulations, shall be exempt | 23 |
| from the $2 co-payment for treatment of the
chronic illness. A | 24 |
| committed person shall not be subject to a $2 co-payment
for | 25 |
| follow-up visits ordered by a physician, who is employed by, or | 26 |
| contracts
with, the Department. A committed person who is | 27 |
| indigent is exempt from the
$2 co-payment
and is entitled to | 28 |
| receive medical or dental services on the same basis as a
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| committed person who is financially able to afford the | 30 |
| co-payment.
Notwithstanding any other provision in this | 31 |
| subsection (f) to the contrary,
any person committed to any | 32 |
| facility operated by the Juvenile Division, as set
forth in | 33 |
| subsection (b) of Section 3-2-5 of this Code, is exempt from | 34 |
| the
co-payment requirement for the duration of confinement in |
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| those facilities.
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| (g) Any person having sole custody of a child at
the time | 3 |
| of commitment or any woman giving birth to a child after
her | 4 |
| commitment, may arrange through the Department of Children
and | 5 |
| Family Services for suitable placement of the child outside
of | 6 |
| the Department of Corrections. The Director of the Department
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| of Corrections may determine that there are special reasons why
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| the child should continue in the custody of the mother until | 9 |
| the
child is 6 years old.
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| (h) The Department may provide Family Responsibility | 11 |
| Services which
may consist of, but not be limited to the | 12 |
| following:
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| (1) family advocacy counseling;
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| (2) parent self-help group;
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| (3) parenting skills training;
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| (4) parent and child overnight program;
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| (5) parent and child reunification counseling, either | 18 |
| separately or
together, preceding the inmate's release; | 19 |
| and
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| (6) a prerelease reunification staffing involving the | 21 |
| family advocate,
the inmate and the child's counselor, or | 22 |
| both and the inmate.
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| (i) The Department of Corrections, in consultation with the | 24 |
| Department of Public Health, shall develop and implement an
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| HIV/AIDS
prevention education program targeted to
offenders | 26 |
| incarcerated in Department of Corrections facilities, | 27 |
| significant
others, and family of adult and juvenile prison | 28 |
| inmates.
Through this program, the Illinois Department of | 29 |
| Corrections shall: (1)
provide, in all public places of | 30 |
| detention facilities
and prisons, printed information on the | 31 |
| transmission and prevention of
HIV/AIDS, hepatitis C, and other | 32 |
| sexually transmitted
diseases and referral
information to | 33 |
| community-based providers of
HIV/AIDS prevention, HIV/AIDS | 34 |
| treatment, and HIV/AIDS counseling and
testing services |
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| throughout Illinois; (2) display in all public places
of | 2 |
| detention facilities and prisons in which video equipment is | 3 |
| available an HIV/AIDS informational
video, produced by a | 4 |
| national organization with expertise in HIV/AIDS
prevention; | 5 |
| (3) provide written information on the
transmission and | 6 |
| prevention of HIV/AIDS, hepatitis C, and other sexually
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| transmitted diseases to all inmates upon entrance to a
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| detention center or prison and offer voluntary HIV/AIDS testing | 9 |
| to all inmates;
and
(4) provide written information on the | 10 |
| transmission
and prevention of HIV/AIDS, hepatitis C, and other | 11 |
| sexually transmitted
diseases to all inmates just prior to | 12 |
| their release from
custody and referral to appropriate | 13 |
| community based organizations that provide
HIV/AIDS services | 14 |
| and HIV/AIDS counseling and
testing. | 15 |
| Upon admission of a committed person to a Department of | 16 |
| Corrections facility as part of his or her comprehensive | 17 |
| physical examination and immediately prior to release of that | 18 |
| person, the committed person shall be required to take a test | 19 |
| for HIV/AIDS administered by the Department.
Prior to the | 20 |
| release of any inmate who has a documented history
of | 21 |
| intravenous drug use, and upon the receipt of that inmate's | 22 |
| written
informed consent, the Department shall provide for the | 23 |
| testing of such
inmate for infection with human | 24 |
| immunodeficiency virus (HIV) and any other
identified | 25 |
| causative agent of acquired immunodeficiency syndrome (AIDS).
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| The
testing provided under this subsection shall consist of an | 27 |
| enzyme-linked
immunosorbent assay (ELISA) test or such other | 28 |
| test as may be approved by
the Illinois Department of Public | 29 |
| Health. If the test result is positive,
the Western Blot Assay | 30 |
| or more reliable confirmatory test shall be
administered. Each | 31 |
| committed person
All inmates tested in accordance with the | 32 |
| provisions of this
subsection shall
be provided with HIV/AIDS
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| pre-test and post-test counseling.
If the test result is | 34 |
| positive, the committed person shall receive medical care for |
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| the infection paid by the Department. The Department shall | 2 |
| develop a specialized discharge plan for a committed person who | 3 |
| tests positive for HIV/AIDS. The Department, in consultation | 4 |
| with the Department of Public Health and Prisoner Review Board, | 5 |
| shall provide community reentry services for committed persons | 6 |
| who test positive for HIV/AIDS. | 7 |
| One year after the implementation of this amendatory Act of | 8 |
| the 94th General Assembly, the Department of Corrections shall | 9 |
| report to the General Assembly on the effectiveness of the | 10 |
| program created by this amendatory Act in preventing HIV/AIDS.
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| Notwithstanding any provision of this subsection to the | 12 |
| contrary, the
Department shall not be required to conduct the | 13 |
| testing and counseling
required by this subsection unless | 14 |
| sufficient funds to cover all costs of
such testing and | 15 |
| counseling are appropriated for that
purpose by the General | 16 |
| Assembly.
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| (j) Any person convicted of a sex offense as defined in the | 18 |
| Sex Offender
Management Board Act shall be required to receive | 19 |
| a sex offender evaluation
prior to release into the community | 20 |
| from the Department of Corrections. The
sex offender evaluation | 21 |
| shall be conducted in conformance with the standards
and | 22 |
| guidelines developed under
the Sex Offender Management Board | 23 |
| Act and by an evaluator approved by the
Board.
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| (k) Any minor committed to the Department of | 25 |
| Corrections-Juvenile Division
for a sex offense as defined by | 26 |
| the Sex Offender Management Board Act shall be
required to | 27 |
| undergo sex offender treatment by a treatment provider approved | 28 |
| by
the Board and conducted in conformance with the Sex Offender | 29 |
| Management Board
Act.
| 30 |
| (Source: P.A. 92-292, eff. 8-9-01; 93-616, eff. 1-1-04; 93-928, | 31 |
| eff. 1-1-05.)
| 32 |
| (730 ILCS 5/5-1-9.1 new)
| 33 |
| Sec. 5-1-9.1. HIV/AIDS. "HIV/AIDS" has the meaning |
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| ascribed to it in subsection (j-5) of Section 3-1-2 of this | 2 |
| Code.
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| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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| Sec. 5-5-3. Disposition.
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| (a) Except as provided in Section 11-501 of the Illinois | 6 |
| Vehicle Code, every person convicted of an offense shall be | 7 |
| sentenced as provided
in this Section.
| 8 |
| (b) The following options shall be appropriate | 9 |
| dispositions, alone
or in combination, for all felonies and | 10 |
| misdemeanors other than those
identified in subsection (c) of | 11 |
| this Section:
| 12 |
| (1) A period of probation.
| 13 |
| (2) A term of periodic imprisonment.
| 14 |
| (3) A term of conditional discharge.
| 15 |
| (4) A term of imprisonment.
| 16 |
| (5) An order directing the offender to clean up and | 17 |
| repair the
damage, if the offender was convicted under | 18 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961 | 19 |
| (now repealed).
| 20 |
| (6) A fine.
| 21 |
| (7) An order directing the offender to make restitution | 22 |
| to the
victim under Section 5-5-6 of this Code.
| 23 |
| (8) A sentence of participation in a county impact | 24 |
| incarceration
program under Section 5-8-1.2 of this Code. | 25 |
| (9) A term of imprisonment in combination with a term | 26 |
| of probation when the offender has been admitted into a | 27 |
| drug court program under Section 20 of the Drug Court | 28 |
| Treatment Act.
| 29 |
| Neither a fine nor restitution shall be the sole | 30 |
| disposition
for a felony and either or both may be imposed only | 31 |
| in conjunction with
another disposition.
| 32 |
| (c) (1) When a defendant is found guilty of first degree | 33 |
| murder the
State may either seek a sentence of imprisonment |
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| under Section 5-8-1 of
this Code, or where appropriate seek | 2 |
| a sentence of death under Section 9-1
of the Criminal Code | 3 |
| of 1961.
| 4 |
| (2) A period of probation, a term of periodic | 5 |
| imprisonment or
conditional discharge shall not be imposed | 6 |
| for the following offenses.
The court shall sentence the | 7 |
| offender to not less than the minimum term
of imprisonment | 8 |
| set forth in this Code for the following offenses, and
may | 9 |
| order a fine or restitution or both in conjunction with | 10 |
| such term of
imprisonment:
| 11 |
| (A) First degree murder where the death penalty is | 12 |
| not imposed.
| 13 |
| (B) Attempted first degree murder.
| 14 |
| (C) A Class X felony.
| 15 |
| (D) A violation of Section 401.1 or 407 of the
| 16 |
| Illinois Controlled Substances Act, or a violation of | 17 |
| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | 18 |
| which relates to more than 5 grams of a substance
| 19 |
| containing heroin or cocaine or an analog thereof.
| 20 |
| (E) A violation of Section 5.1 or 9 of the Cannabis | 21 |
| Control
Act.
| 22 |
| (F) A Class 2 or greater felony if the offender had | 23 |
| been convicted
of a Class 2 or greater felony within 10 | 24 |
| years of the date on which the
offender
committed the | 25 |
| offense for which he or she is being sentenced, except | 26 |
| as
otherwise provided in Section 40-10 of the | 27 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
| 28 |
| (G) Residential burglary, except as otherwise | 29 |
| provided in Section 40-10
of the Alcoholism and Other | 30 |
| Drug Abuse and Dependency Act.
| 31 |
| (H) Criminal sexual assault.
| 32 |
| (I) Aggravated battery of a senior citizen.
| 33 |
| (J) A forcible felony if the offense was related to | 34 |
| the activities of an
organized gang.
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| Before July 1, 1994, for the purposes of this | 2 |
| paragraph, "organized
gang" means an association of 5 | 3 |
| or more persons, with an established hierarchy,
that | 4 |
| encourages members of the association to perpetrate | 5 |
| crimes or provides
support to the members of the | 6 |
| association who do commit crimes.
| 7 |
| Beginning July 1, 1994, for the purposes of this | 8 |
| paragraph,
"organized gang" has the meaning ascribed | 9 |
| to it in Section 10 of the Illinois
Streetgang | 10 |
| Terrorism Omnibus Prevention Act.
| 11 |
| (K) Vehicular hijacking.
| 12 |
| (L) A second or subsequent conviction for the | 13 |
| offense of hate crime
when the underlying offense upon | 14 |
| which the hate crime is based is felony
aggravated
| 15 |
| assault or felony mob action.
| 16 |
| (M) A second or subsequent conviction for the | 17 |
| offense of institutional
vandalism if the damage to the | 18 |
| property exceeds $300.
| 19 |
| (N) A Class 3 felony violation of paragraph (1) of | 20 |
| subsection (a) of
Section 2 of the Firearm Owners | 21 |
| Identification Card Act.
| 22 |
| (O) A violation of Section 12-6.1 of the Criminal | 23 |
| Code of 1961.
| 24 |
| (P) A violation of paragraph (1), (2), (3), (4), | 25 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 26 |
| Criminal Code of 1961.
| 27 |
| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 28 |
| Criminal Code of
1961.
| 29 |
| (R) A violation of Section 24-3A of the Criminal | 30 |
| Code of
1961.
| 31 |
| (S) (Blank).
| 32 |
| (T) A second or subsequent violation of paragraph | 33 |
| (6.6) of subsection
(a), subsection (c-5), or | 34 |
| subsection (d-5) of Section 401 of the Illinois
|
|
|
|
09400HB0255ham003 |
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LRB094 04960 RLC 41825 a |
|
| 1 |
| Controlled Substances Act.
| 2 |
| (3) (Blank).
| 3 |
| (4) A minimum term of imprisonment of not less than 10
| 4 |
| consecutive days or 30 days of community service shall be | 5 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 6 |
| of the Illinois Vehicle Code.
| 7 |
| (4.1) (Blank).
| 8 |
| (4.2) Except as provided in paragraph (4.3) of this | 9 |
| subsection (c), a
minimum of
100 hours of community service | 10 |
| shall be imposed for a second violation of
Section 6-303
of | 11 |
| the Illinois Vehicle Code.
| 12 |
| (4.3) A minimum term of imprisonment of 30 days or 300 | 13 |
| hours of community
service, as determined by the court, | 14 |
| shall
be imposed for a second violation of subsection (c) | 15 |
| of Section 6-303 of the
Illinois Vehicle Code.
| 16 |
| (4.4) Except as provided in paragraph (4.5) and | 17 |
| paragraph (4.6) of this
subsection (c), a
minimum term of | 18 |
| imprisonment of 30 days or 300 hours of community service, | 19 |
| as
determined by the court, shall
be imposed
for a third or | 20 |
| subsequent violation of Section 6-303 of the Illinois | 21 |
| Vehicle
Code.
| 22 |
| (4.5) A minimum term of imprisonment of 30 days
shall | 23 |
| be imposed for a third violation of subsection (c) of
| 24 |
| Section 6-303 of the Illinois Vehicle Code.
| 25 |
| (4.6) A minimum term of imprisonment of 180 days shall | 26 |
| be imposed for a
fourth or subsequent violation of | 27 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 28 |
| Code.
| 29 |
| (5) The court may sentence an offender convicted of a | 30 |
| business
offense or a petty offense or a corporation or | 31 |
| unincorporated
association convicted of any offense to:
| 32 |
| (A) a period of conditional discharge;
| 33 |
| (B) a fine;
| 34 |
| (C) make restitution to the victim under Section |
|
|
|
09400HB0255ham003 |
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LRB094 04960 RLC 41825 a |
|
| 1 |
| 5-5-6 of this Code.
| 2 |
| (5.1) In addition to any penalties imposed under | 3 |
| paragraph (5) of this
subsection (c), and except as | 4 |
| provided in paragraph (5.2) or (5.3), a person
convicted of | 5 |
| violating subsection (c) of Section 11-907 of the Illinois
| 6 |
| Vehicle Code shall have his or her driver's license, | 7 |
| permit, or privileges
suspended for at least 90 days but | 8 |
| not more than one year, if the violation
resulted in damage | 9 |
| to the property of another person.
| 10 |
| (5.2) In addition to any penalties imposed under | 11 |
| paragraph (5) of this
subsection (c), and except as | 12 |
| provided in paragraph (5.3), a person convicted
of | 13 |
| violating subsection (c) of Section 11-907 of the Illinois | 14 |
| Vehicle Code
shall have his or her driver's license, | 15 |
| permit, or privileges suspended for at
least 180 days but | 16 |
| not more than 2 years, if the violation resulted in injury
| 17 |
| to
another person.
| 18 |
| (5.3) In addition to any penalties imposed under | 19 |
| paragraph (5) of
this
subsection (c), a person convicted of | 20 |
| violating subsection (c) of Section
11-907 of the Illinois | 21 |
| Vehicle Code shall have his or her driver's license,
| 22 |
| permit, or privileges suspended for 2 years, if the | 23 |
| violation resulted in the
death of another person.
| 24 |
| (6) In no case shall an offender be eligible for a | 25 |
| disposition of
probation or conditional discharge for a | 26 |
| Class 1 felony committed while
he was serving a term of | 27 |
| probation or conditional discharge for a felony.
| 28 |
| (7) When a defendant is adjudged a habitual criminal | 29 |
| under Article
33B of the Criminal Code of 1961, the court | 30 |
| shall sentence
the defendant to a term of natural life | 31 |
| imprisonment.
| 32 |
| (8) When a defendant, over the age of 21 years, is | 33 |
| convicted of a
Class 1 or Class 2 felony, after having | 34 |
| twice been convicted
in any state or
federal court of an |
|
|
|
09400HB0255ham003 |
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LRB094 04960 RLC 41825 a |
|
| 1 |
| offense that contains the same elements as an offense now
| 2 |
| classified in Illinois as a Class 2 or greater Class felony
| 3 |
| and such charges are
separately brought and tried and arise | 4 |
| out of different series of acts,
such defendant shall be | 5 |
| sentenced as a Class X offender. This paragraph
shall not | 6 |
| apply unless (1) the first felony was committed after the
| 7 |
| effective date of this amendatory Act of 1977; and (2) the | 8 |
| second felony
was committed after conviction on the first; | 9 |
| and (3) the third felony
was committed after conviction on | 10 |
| the second.
A person sentenced as a Class X offender under | 11 |
| this paragraph is not
eligible to apply for treatment as a | 12 |
| condition of probation as provided by
Section 40-10 of the | 13 |
| Alcoholism and Other Drug Abuse and Dependency Act.
| 14 |
| (9) A defendant convicted of a second or subsequent | 15 |
| offense of ritualized
abuse of a child may be sentenced to | 16 |
| a term of natural life imprisonment.
| 17 |
| (10) (Blank).
| 18 |
| (11) The court shall impose a minimum fine of $1,000 | 19 |
| for a first offense
and $2,000 for a second or subsequent | 20 |
| offense upon a person convicted of or
placed on supervision | 21 |
| for battery when the individual harmed was a sports
| 22 |
| official or coach at any level of competition and the act | 23 |
| causing harm to the
sports
official or coach occurred | 24 |
| within an athletic facility or within the immediate | 25 |
| vicinity
of the athletic facility at which the sports | 26 |
| official or coach was an active
participant
of the athletic | 27 |
| contest held at the athletic facility. For the purposes of
| 28 |
| this paragraph (11), "sports official" means a person at an | 29 |
| athletic contest
who enforces the rules of the contest, | 30 |
| such as an umpire or referee; "athletic facility" means an | 31 |
| indoor or outdoor playing field or recreational area where | 32 |
| sports activities are conducted;
and "coach" means a person | 33 |
| recognized as a coach by the sanctioning
authority that | 34 |
| conducted the sporting event. |
|
|
|
09400HB0255ham003 |
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LRB094 04960 RLC 41825 a |
|
| 1 |
| (12)
(11) A person may not receive a disposition of | 2 |
| court supervision for a
violation of Section 5-16 of the | 3 |
| Boat Registration and Safety Act if that
person has | 4 |
| previously received a disposition of court supervision for | 5 |
| a
violation of that Section.
| 6 |
| (d) In any case in which a sentence originally imposed is | 7 |
| vacated,
the case shall be remanded to the trial court. The | 8 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 9 |
| Unified Code of Corrections
which may include evidence of the | 10 |
| defendant's life, moral character and
occupation during the | 11 |
| time since the original sentence was passed. The
trial court | 12 |
| shall then impose sentence upon the defendant. The trial
court | 13 |
| may impose any sentence which could have been imposed at the
| 14 |
| original trial subject to Section 5-5-4 of the Unified Code of | 15 |
| Corrections.
If a sentence is vacated on appeal or on | 16 |
| collateral attack due to the
failure of the trier of fact at | 17 |
| trial to determine beyond a reasonable doubt
the
existence of a | 18 |
| fact (other than a prior conviction) necessary to increase the
| 19 |
| punishment for the offense beyond the statutory maximum | 20 |
| otherwise applicable,
either the defendant may be re-sentenced | 21 |
| to a term within the range otherwise
provided or, if the State | 22 |
| files notice of its intention to again seek the
extended | 23 |
| sentence, the defendant shall be afforded a new trial.
| 24 |
| (e) In cases where prosecution for
aggravated criminal | 25 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 26 |
| results in conviction of a defendant
who was a family member of | 27 |
| the victim at the time of the commission of the
offense, the | 28 |
| court shall consider the safety and welfare of the victim and
| 29 |
| may impose a sentence of probation only where:
| 30 |
| (1) the court finds (A) or (B) or both are appropriate:
| 31 |
| (A) the defendant is willing to undergo a court | 32 |
| approved counseling
program for a minimum duration of 2 | 33 |
| years; or
| 34 |
| (B) the defendant is willing to participate in a |
|
|
|
09400HB0255ham003 |
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LRB094 04960 RLC 41825 a |
|
| 1 |
| court approved plan
including but not limited to the | 2 |
| defendant's:
| 3 |
| (i) removal from the household;
| 4 |
| (ii) restricted contact with the victim;
| 5 |
| (iii) continued financial support of the | 6 |
| family;
| 7 |
| (iv) restitution for harm done to the victim; | 8 |
| and
| 9 |
| (v) compliance with any other measures that | 10 |
| the court may
deem appropriate; and
| 11 |
| (2) the court orders the defendant to pay for the | 12 |
| victim's counseling
services, to the extent that the court | 13 |
| finds, after considering the
defendant's income and | 14 |
| assets, that the defendant is financially capable of
paying | 15 |
| for such services, if the victim was under 18 years of age | 16 |
| at the
time the offense was committed and requires | 17 |
| counseling as a result of the
offense.
| 18 |
| Probation may be revoked or modified pursuant to Section | 19 |
| 5-6-4; except
where the court determines at the hearing that | 20 |
| the defendant violated a
condition of his or her probation | 21 |
| restricting contact with the victim or
other family members or | 22 |
| commits another offense with the victim or other
family | 23 |
| members, the court shall revoke the defendant's probation and
| 24 |
| impose a term of imprisonment.
| 25 |
| For the purposes of this Section, "family member" and | 26 |
| "victim" shall have
the meanings ascribed to them in Section | 27 |
| 12-12 of the Criminal Code of
1961.
| 28 |
| (f) This Article shall not deprive a court in other | 29 |
| proceedings to
order a forfeiture of property, to suspend or | 30 |
| cancel a license, to
remove a person from office, or to impose | 31 |
| any other civil penalty.
| 32 |
| (g) Whenever a defendant is convicted of an offense under | 33 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 34 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 |
|
|
|
09400HB0255ham003 |
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LRB094 04960 RLC 41825 a |
|
| 1 |
| of the Criminal Code of 1961,
the defendant shall undergo | 2 |
| medical testing to
determine whether the defendant has any | 3 |
| sexually transmissible disease,
including a test for infection | 4 |
| with human immunodeficiency virus (HIV) or
any other identified | 5 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 6 |
| Any such medical test shall be performed only by appropriately
| 7 |
| licensed medical practitioners and may include an analysis of | 8 |
| any bodily
fluids as well as an examination of the defendant's | 9 |
| person.
Except as otherwise provided by law, the results of | 10 |
| such test shall be kept
strictly confidential by all medical | 11 |
| personnel involved in the testing and must
be personally | 12 |
| delivered in a sealed envelope to the judge of the court in | 13 |
| which
the conviction was entered for the judge's inspection in | 14 |
| camera. Acting in
accordance with the best interests of the | 15 |
| victim and the public, the judge
shall have the discretion to | 16 |
| determine to whom, if anyone, the results of the
testing may be | 17 |
| revealed. The court shall notify the defendant
of the test | 18 |
| results. The court shall
also notify the victim if requested by | 19 |
| the victim, and if the victim is under
the age of 15 and if | 20 |
| requested by the victim's parents or legal guardian, the
court | 21 |
| shall notify the victim's parents or legal guardian of the test
| 22 |
| results.
The court shall provide information on the | 23 |
| availability of HIV testing
and counseling at Department of | 24 |
| Public Health facilities to all parties to
whom the results of | 25 |
| the testing are revealed and shall direct the State's
Attorney | 26 |
| to provide the information to the victim when possible.
A | 27 |
| State's Attorney may petition the court to obtain the results | 28 |
| of any HIV test
administered under this Section, and the court | 29 |
| shall grant the disclosure if
the State's Attorney shows it is | 30 |
| relevant in order to prosecute a charge of
criminal | 31 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 32 |
| of 1961
against the defendant. The court shall order that the | 33 |
| cost of any such test
shall be paid by the county and may be | 34 |
| taxed as costs against the convicted
defendant.
|
|
|
|
09400HB0255ham003 |
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LRB094 04960 RLC 41825 a |
|
| 1 |
| (g-5) When an inmate is tested for an airborne communicable | 2 |
| disease, as
determined by the Illinois Department of Public | 3 |
| Health including but not
limited to tuberculosis, the results | 4 |
| of the test shall be
personally delivered by the warden or his | 5 |
| or her designee in a sealed envelope
to the judge of the court | 6 |
| in which the inmate must appear for the judge's
inspection in | 7 |
| camera if requested by the judge. Acting in accordance with the
| 8 |
| best interests of those in the courtroom, the judge shall have | 9 |
| the discretion
to determine what if any precautions need to be | 10 |
| taken to prevent transmission
of the disease in the courtroom.
| 11 |
| (h) Whenever a defendant is convicted of an offense under | 12 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 13 |
| defendant shall undergo
medical testing to determine whether | 14 |
| the defendant has been exposed to human
immunodeficiency virus | 15 |
| (HIV) or any other identified causative agent of
acquired | 16 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 17 |
| by
law, the results of such test shall be kept strictly | 18 |
| confidential by all
medical personnel involved in the testing | 19 |
| and must be personally delivered in a
sealed envelope to the | 20 |
| judge of the court in which the conviction was entered
for the | 21 |
| judge's inspection in camera. Acting in accordance with the | 22 |
| best
interests of the public, the judge shall have the | 23 |
| discretion to determine to
whom, if anyone, the results of the | 24 |
| testing may be revealed. The court shall
notify the defendant | 25 |
| of a positive test showing an infection with the human
| 26 |
| immunodeficiency virus (HIV). The court shall provide | 27 |
| information on the
availability of HIV testing and counseling | 28 |
| at Department of Public Health
facilities to all parties to | 29 |
| whom the results of the testing are revealed and
shall direct | 30 |
| the State's Attorney to provide the information to the victim | 31 |
| when
possible. A State's Attorney may petition the court to | 32 |
| obtain the results of
any HIV test administered under this | 33 |
| Section, and the court shall grant the
disclosure if the | 34 |
| State's Attorney shows it is relevant in order to prosecute a
|
|
|
|
09400HB0255ham003 |
- 21 - |
LRB094 04960 RLC 41825 a |
|
| 1 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 2 |
| the Criminal
Code of 1961 against the defendant. The court | 3 |
| shall order that the cost of any
such test shall be paid by the | 4 |
| county and may be taxed as costs against the
convicted | 5 |
| defendant.
| 6 |
| (i) All fines and penalties imposed under this Section for | 7 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 8 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 9 |
| any violation
of the Child Passenger Protection Act, or a | 10 |
| similar provision of a local
ordinance, shall be collected and | 11 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 12 |
| of the Clerks of Courts Act.
| 13 |
| (j) In cases when prosecution for any violation of Section | 14 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 15 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 16 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 17 |
| Code of 1961, any violation of the Illinois Controlled | 18 |
| Substances Act,
or any violation of the Cannabis Control Act | 19 |
| results in conviction, a
disposition of court supervision, or | 20 |
| an order of probation granted under
Section 10 of the Cannabis | 21 |
| Control Act or Section 410 of the Illinois
Controlled Substance | 22 |
| Act of a defendant, the court shall determine whether the
| 23 |
| defendant is employed by a facility or center as defined under | 24 |
| the Child Care
Act of 1969, a public or private elementary or | 25 |
| secondary school, or otherwise
works with children under 18 | 26 |
| years of age on a daily basis. When a defendant
is so employed, | 27 |
| the court shall order the Clerk of the Court to send a copy of
| 28 |
| the judgment of conviction or order of supervision or probation | 29 |
| to the
defendant's employer by certified mail.
If the employer | 30 |
| of the defendant is a school, the Clerk of the Court shall
| 31 |
| direct the mailing of a copy of the judgment of conviction or | 32 |
| order of
supervision or probation to the appropriate regional | 33 |
| superintendent of schools.
The regional superintendent of | 34 |
| schools shall notify the State Board of
Education of any |
|
|
|
09400HB0255ham003 |
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LRB094 04960 RLC 41825 a |
|
| 1 |
| notification under this subsection.
| 2 |
| (j-5) A defendant at least 17 years of age who is convicted | 3 |
| of a felony and
who has not been previously convicted of a | 4 |
| misdemeanor or felony and who is
sentenced to a term of | 5 |
| imprisonment in the Illinois Department of Corrections
shall as | 6 |
| a condition of his or her sentence be required by the court to | 7 |
| attend
educational courses designed to prepare the defendant | 8 |
| for a high school diploma
and to work toward a high school | 9 |
| diploma or to work toward passing the high
school level Test of | 10 |
| General Educational Development (GED) or to work toward
| 11 |
| completing a vocational training program offered by the | 12 |
| Department of
Corrections. The education courses shall also | 13 |
| consist of HIV/AIDS and hepatitis C prevention education. The | 14 |
| costs of the educational courses shall be paid by the | 15 |
| Department. If a defendant fails to complete the educational | 16 |
| training
required by his or her sentence during the term of | 17 |
| incarceration, the Prisoner
Review Board shall, as a condition | 18 |
| of mandatory supervised release, require the
defendant , at his | 19 |
| or her own expense, to pursue a course of study toward a high
| 20 |
| school diploma or passage of the GED test. The costs of the | 21 |
| educational courses shall be paid by the Department. The | 22 |
| Prisoner Review Board shall
revoke the mandatory supervised | 23 |
| release of a defendant who wilfully fails to
comply with this | 24 |
| subsection (j-5) upon his or her release from confinement in a
| 25 |
| penal institution while serving a mandatory supervised release | 26 |
| term ; however,
the inability of the defendant after making a | 27 |
| good faith effort to obtain
financial aid or pay for the | 28 |
| educational training shall not be deemed a wilful
failure to | 29 |
| comply . The Prisoner Review Board shall recommit the defendant
| 30 |
| whose mandatory supervised release term has been revoked under | 31 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 32 |
| subsection (j-5) does not apply to a
defendant who has a high | 33 |
| school diploma or has successfully passed the GED
test. This | 34 |
| subsection (j-5) does not apply to a defendant who is |
|
|
|
09400HB0255ham003 |
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LRB094 04960 RLC 41825 a |
|
| 1 |
| determined by
the court to be developmentally disabled or | 2 |
| otherwise mentally incapable of
completing the educational or | 3 |
| vocational program.
| 4 |
| (k) A court may not impose a sentence or disposition for a
| 5 |
| felony or misdemeanor that requires the defendant to be | 6 |
| implanted or injected
with or to use any form of birth control.
| 7 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 8 |
| (l), whenever a defendant,
who is an alien as defined by | 9 |
| the Immigration and Nationality Act, is convicted
of any | 10 |
| felony or misdemeanor offense, the court after sentencing | 11 |
| the defendant
may, upon motion of the State's Attorney, | 12 |
| hold sentence in abeyance and remand
the defendant to the | 13 |
| custody of the Attorney General of
the United States or his | 14 |
| or her designated agent to be deported when:
| 15 |
| (1) a final order of deportation has been issued | 16 |
| against the defendant
pursuant to proceedings under | 17 |
| the Immigration and Nationality Act, and
| 18 |
| (2) the deportation of the defendant would not | 19 |
| deprecate the seriousness
of the defendant's conduct | 20 |
| and would not be inconsistent with the ends of
justice.
| 21 |
| Otherwise, the defendant shall be sentenced as | 22 |
| provided in this Chapter V.
| 23 |
| (B) If the defendant has already been sentenced for a | 24 |
| felony or
misdemeanor
offense, or has been placed on | 25 |
| probation under Section 10 of the Cannabis
Control Act or | 26 |
| Section 410 of the Illinois Controlled Substances Act, the | 27 |
| court
may, upon motion of the State's Attorney to suspend | 28 |
| the
sentence imposed, commit the defendant to the custody | 29 |
| of the Attorney General
of the United States or his or her | 30 |
| designated agent when:
| 31 |
| (1) a final order of deportation has been issued | 32 |
| against the defendant
pursuant to proceedings under | 33 |
| the Immigration and Nationality Act, and
| 34 |
| (2) the deportation of the defendant would not |
|
|
|
09400HB0255ham003 |
- 24 - |
LRB094 04960 RLC 41825 a |
|
| 1 |
| deprecate the seriousness
of the defendant's conduct | 2 |
| and would not be inconsistent with the ends of
justice.
| 3 |
| (C) This subsection (l) does not apply to offenders who | 4 |
| are subject to the
provisions of paragraph (2) of | 5 |
| subsection (a) of Section 3-6-3.
| 6 |
| (D) Upon motion of the State's Attorney, if a defendant | 7 |
| sentenced under
this Section returns to the jurisdiction of | 8 |
| the United States, the defendant
shall be recommitted to | 9 |
| the custody of the county from which he or she was
| 10 |
| sentenced.
Thereafter, the defendant shall be brought | 11 |
| before the sentencing court, which
may impose any sentence | 12 |
| that was available under Section 5-5-3 at the time of
| 13 |
| initial sentencing. In addition, the defendant shall not be | 14 |
| eligible for
additional good conduct credit for | 15 |
| meritorious service as provided under
Section 3-6-6.
| 16 |
| (m) A person convicted of criminal defacement of property | 17 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 18 |
| property damage exceeds $300
and the property damaged is a | 19 |
| school building, shall be ordered to perform
community service | 20 |
| that may include cleanup, removal, or painting over the
| 21 |
| defacement.
| 22 |
| (n) The court may sentence a person convicted of a | 23 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 24 |
| Code of 1961 (i) to an impact
incarceration program if the | 25 |
| person is otherwise eligible for that program
under Section | 26 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 27 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 28 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 29 |
| program licensed under that
Act.
| 30 |
| (Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; | 31 |
| 92-283, eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. | 32 |
| 8-17-01; 92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698, | 33 |
| eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | 34 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, |
|
|
|
09400HB0255ham003 |
- 25 - |
LRB094 04960 RLC 41825 a |
|
| 1 |
| eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | 2 |
| eff. 1-1-05; 93-1014, eff. 1-1-05; revised 10-25-04.)
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.".
|
|