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Judiciary II - Criminal Law Committee
Filed: 3/2/2007
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09500HB0231ham001 |
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LRB095 04121 RLC 32365 a |
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| AMENDMENT TO HOUSE BILL 231
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| AMENDMENT NO. ______. Amend House Bill 231 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Unified Code of Corrections is amended by |
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| changing Sections 3-1-2, 3-5-1, and 3-6-2 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. |
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| (a) "Chief Administrative Officer" means the
person |
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| designated by the Director to exercise the powers and duties of |
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| the
Department of Corrections in regard to committed persons |
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| within
a correctional institution or facility, and includes the
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| superintendent of any juvenile institution or facility.
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| (a-5) "Sex offense" for the purposes of paragraph (16) of |
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| subsection (a) of Section 3-3-7, paragraph (10) of subsection |
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| (a) of Section 5-6-3, and paragraph (18) of subsection (c) of |
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| Section 5-6-3.1 only means: |
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LRB095 04121 RLC 32365 a |
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| (i) A violation of any of the following Sections of the |
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| Criminal Code of
1961: 10-7 (aiding and abetting child |
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| abduction under Section 10-5(b)(10)),
10-5(b)(10) (child |
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| luring), 11-6 (indecent solicitation of a child), 11-6.5
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| (indecent solicitation of an adult),
11-15.1 (soliciting |
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| for a juvenile
prostitute), 11-17.1 (keeping a place of |
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| juvenile prostitution), 11-18.1
(patronizing a juvenile |
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| prostitute), 11-19.1 (juvenile pimping),
11-19.2 |
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| (exploitation of a child), 11-20.1 (child pornography), |
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| 12-14.1
(predatory criminal sexual assault of a child), or |
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| 12-33 (ritualized abuse of a
child). An attempt to commit |
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| any of
these offenses. |
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| (ii) A violation of any of the following Sections of |
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| the Criminal Code
of 1961: 12-13 (criminal
sexual assault), |
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| 12-14 (aggravated criminal sexual assault), 12-16 |
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| (aggravated criminal sexual abuse), and subsection (a) of |
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| Section 12-15
(criminal sexual abuse). An attempt to commit
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| any of these offenses. |
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| (iii) A violation of any of the following Sections of |
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| the Criminal Code
of 1961 when the defendant is
not a |
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| parent of the victim: |
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping), |
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint). |
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| An attempt to commit any of these offenses. |
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LRB095 04121 RLC 32365 a |
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| (iv) A violation of any former law of this State |
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| substantially
equivalent to any offense listed in this |
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| subsection (a-5). |
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| An offense violating federal law or the law of another |
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| state
that is substantially equivalent to any offense listed in |
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| this
subsection (a-5) shall constitute a sex offense for the |
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| purpose of
this subsection (a-5). A finding or adjudication as |
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| a sexually dangerous person under
any federal law or law of |
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| another state that is substantially equivalent to the
Sexually |
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| Dangerous Persons Act shall constitute an adjudication for a |
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| sex offense for the
purposes of this subsection (a-5).
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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
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| delinquency or conviction.
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| (c) "Committed Person" is a person committed to the |
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| Department,
however a committed person shall not be considered |
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| to be an employee of
the Department of Corrections for any |
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| purpose, including eligibility for
a pension, benefits, or any |
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| other compensation or rights or privileges which
may be |
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| provided to employees of the Department.
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| (d) "Correctional Institution or Facility" means any |
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| building or
part of a building where committed persons are kept |
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| in a secured manner.
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| (e) In the case of functions performed before the effective |
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| date of this amendatory Act of the 94th General Assembly, |
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| "Department" means the Department of Corrections of this State. |
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| In the case of functions performed on or after the effective |
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| date of this amendatory Act of the 94th General Assembly, |
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| "Department" has the meaning ascribed to it in subsection |
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| (f-5).
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| (f) In the case of functions performed before the effective |
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| date of this amendatory Act of the 94th General Assembly, |
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| "Director" means the Director of the Department of Corrections. |
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| In the case of functions performed on or after the effective |
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| date of this amendatory Act of the 94th General Assembly, |
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| "Director" has the meaning ascribed to it in subsection (f-5).
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| (f-5) In the case of functions performed on or after the |
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| effective date of this amendatory Act of the 94th General |
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| Assembly, references to "Department" or "Director" refer to |
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| either the Department of Corrections or the Director of |
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| Corrections or to the Department of Juvenile Justice or the |
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| Director of Juvenile Justice unless the context is specific to |
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| the Department of Juvenile Justice or the Director of Juvenile |
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| Justice.
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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 |
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| absence
of a committed person from the custody of the |
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| Department.
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| (j) "Furlough" means an authorized leave of absence from |
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| the
Department of Corrections for a designated purpose and |
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| period of time.
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| (j-5) "HIV/AIDS" means the human immunodeficiency virus or |
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| any other
identified causative agent of acquired |
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| immunodeficiency syndrome.
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| (k) "Parole" means the conditional and revocable release
of |
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| 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 |
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| prisoners
alleged to have violated Department rules with |
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| respect to good
time credits, to set release dates for certain |
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| prisoners
sentenced under the law in effect prior to the |
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| effective
date of this Amendatory Act of 1977, to hear requests |
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| and
make recommendations to the Governor with respect to |
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| pardon,
reprieve or commutation, to set conditions for parole |
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| and
mandatory supervised release and determine whether |
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| violations
of those conditions justify revocation of parole or |
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| release,
and to assume all other functions previously exercised |
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| 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 |
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| term may be construed by the Department or Court, within
its |
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LRB095 04121 RLC 32365 a |
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| discretion, to include treatment, service or counseling by
a |
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| 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 |
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| subsection (a) of
Section 3 of the Bill of Rights for Victims |
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| and Witnesses of Violent Crime Act.
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| (Source: P.A. 94-159, eff. 7-11-05; 94-696, eff. 6-1-06 .)
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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 of Corrections and the Department of |
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| Juvenile Justice shall
maintain a master record file on each |
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| person committed to it,
which shall contain the following |
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| 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 |
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| recommendations;
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| (4) reports as to program assignment and progress;
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| (5) reports of disciplinary infractions and |
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| 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; |
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| (9) The results of an HIV/AIDS test administered under |
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LRB095 04121 RLC 32365 a |
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| subsection (i) of Section 3-6-2; and |
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| (10) any
other pertinent data concerning the person's |
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| background,
conduct, associations and family relationships |
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| as may be
required by the respective Department. |
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| A current summary index shall be
maintained on each file |
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| which shall include the person's known active and
past
gang |
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| 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 respective Department.
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| Personnel of other correctional, welfare or law enforcement
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| agencies may have access to files under rules and regulations
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| of the respective Department. The respective Department shall |
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| keep a record of all
outside personnel who have access to |
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| files, the files reviewed,
any file material copied, and the |
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| purpose of access. If the
respective Department or the Prisoner |
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| Review Board makes a determination
under this Code which |
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| affects the length of the period of
confinement or commitment, |
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| the committed person and his counsel
shall be advised of |
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| factual information relied upon by the
respective Department or |
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| Board to make the determination, provided that
the Department |
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| or Board shall not be required to advise a
person committed to |
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| the Department of Juvenile Justice any such information
which |
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| in the opinion of the Department of Juvenile Justice or Board |
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| would be
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 respective Department |
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LRB095 04121 RLC 32365 a |
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| in
charge of the person. When custody of a person is |
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| transferred
from the Department to another department or |
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| agency, a
summary of the file shall be forwarded to the |
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| receiving
agency with such other information required by law or
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| requested by the agency under rules and regulations of the
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| respective Department.
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| (d) The master file of a person no longer in the custody
of |
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| the respective Department shall be placed on inactive status |
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| and its
use shall be restricted subject to rules and |
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| regulations of
the Department.
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| (e) All public agencies may make available to the
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| respective Department on request any factual data not otherwise
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| privileged as a matter of law in their possession in respect
to |
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| individuals committed to the respective Department.
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| (Source: P.A. 94-696, eff. 6-1-06 .)
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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 |
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| 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 |
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| such persons.
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| (b) The chief administrative officer shall have such |
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LRB095 04121 RLC 32365 a |
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| 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. |
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| 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 |
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| Section 3-10-5.
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| (d) The Department shall provide educational programs for |
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| all
committed persons so that all persons have an opportunity |
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| 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 |
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| possible.
The Department may establish programs of mandatory |
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| education and may
establish rules and regulations for the |
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| administration of such programs.
A person committed to the |
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| Department who, during the period of his or her
incarceration, |
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| participates in an educational program provided by or through
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| the Department and through that program is awarded or earns the |
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| number of
hours of credit required for the award of an |
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| associate, baccalaureate, or
higher degree from a community |
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| college, college, or university located in
Illinois shall |
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| reimburse the State, through the Department, for the costs
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| incurred by the State in providing that person during his or |
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| her incarceration
with the education that qualifies him or her |
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| for the award of that degree. The
costs for which reimbursement |
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| is required under this subsection shall be
determined and |
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| computed by the Department under rules and regulations that
it |
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| shall establish for that purpose. However, interest at the rate |
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| of 6%
per annum shall be charged on the balance of those costs |
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| from time to time
remaining unpaid, from the date of the |
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| person's parole, mandatory supervised
release, or release |
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| constituting a final termination of his or her commitment
to |
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| the Department until paid.
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| (d-5) A person committed to the Department is entitled to |
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| confidential testing for infection with human immunodeficiency |
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| virus (HIV) and to counseling in connection with such testing, |
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| with no copay to the committed person. A person committed to |
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| the Department who has tested positive for infection with HIV |
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| is entitled to medical care while incarcerated, counseling, and |
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| referrals to support services, in connection with that positive |
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| test result. Implementation of this subsection (d-5) is subject |
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| to appropriation.
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| (e) A person committed to the Department who becomes in |
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| need
of medical or surgical treatment but is incapable of |
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LRB095 04121 RLC 32365 a |
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| giving
consent thereto shall receive such medical or surgical |
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| treatment
by the chief administrative officer consenting on the |
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| person's behalf.
Before the chief administrative officer |
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| consents, he or she shall
obtain the advice of one or more |
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| physicians licensed to practice medicine
in all its branches in |
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| this State. If such physician or physicians advise:
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| (1) that immediate medical or surgical treatment is |
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| required
relative to a condition threatening to cause |
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| death, damage or
impairment to bodily functions, or |
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| disfigurement; and
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| (2) that the person is not capable of giving consent to |
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| such treatment;
the chief administrative officer may give |
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| consent for such
medical or surgical treatment, and such |
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| consent shall be
deemed to be the consent of the person for |
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| all purposes,
including, but not limited to, the authority |
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| of a physician
to give such treatment. |
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| (e-5) If a physician providing medical care to a committed |
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| person on behalf of the Department advises the chief |
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| administrative officer that the committed person's mental or |
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| physical health has deteriorated as a result of the cessation |
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| of ingestion of food or liquid to the point where medical or |
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| surgical treatment is required to prevent death, damage, or |
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| impairment to bodily functions, the chief administrative |
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| 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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LRB095 04121 RLC 32365 a |
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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 |
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| person receiving medical or dental
services on a non-emergency |
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| basis to pay a $2 co-payment to the Department for
each visit |
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| for medical or dental services. The amount of each co-payment |
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| shall be deducted from the
committed person's individual |
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| account.
A committed person who has a chronic illness, as |
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| defined by Department rules
and regulations, shall be exempt |
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| from the $2 co-payment for treatment of the
chronic illness. A |
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| committed person shall not be subject to a $2 co-payment
for |
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| follow-up visits ordered by a physician, who is employed by, or |
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| contracts
with, the Department. A committed person who is |
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| indigent is exempt from the
$2 co-payment
and is entitled to |
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| receive medical or dental services on the same basis as a
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| committed person who is financially able to afford the |
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| co-payment.
Notwithstanding any other provision in this |
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| subsection (f) to the contrary,
any person committed to any |
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| facility operated by the Department of Juvenile Justice, as set
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| forth in Section 3-2.5-15 of this Code, is exempt from the
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| co-payment requirement for the duration of confinement in those |
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| facilities.
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| (g) Any person having sole custody of a child at
the time |
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| of commitment or any woman giving birth to a child after
her |
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| commitment, may arrange through the Department of Children
and |
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| Family Services for suitable placement of the child outside
of |
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| the Department of Corrections. The Director of the Department
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LRB095 04121 RLC 32365 a |
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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 |
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| the
child is 6 years old.
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| (h) The Department may provide Family Responsibility |
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| Services which
may consist of, but not be limited to the |
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| 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 |
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| separately or
together, preceding the inmate's release; |
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| and
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| (6) a prerelease reunification staffing involving the |
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| family advocate,
the inmate and the child's counselor, or |
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| both and the inmate.
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| (i) Upon admission of a committed person to a Department of |
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| Corrections facility as part of his or her comprehensive |
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| physical examination and immediately prior to release of that |
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| person, the committed person shall be offered to take a test |
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| for HIV/AIDS administered by the Department.
Prior to the |
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| release of any inmate who has a documented history
of |
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| intravenous drug use, and upon the receipt of that inmate's |
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| written
informed consent, the Department shall provide for the |
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| testing of such
inmate for infection with human |
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| immunodeficiency virus (HIV) and any other
identified |
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| causative agent of acquired immunodeficiency syndrome (AIDS). |
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| The
testing provided under this subsection shall consist of an |
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| enzyme-linked
immunosorbent assay (ELISA) test or such other |
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| test as may be approved by
the Illinois Department of Public |
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| Health. If the test result is positive,
the Western Blot Assay |
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| or more reliable confirmatory test shall be
administered.
All |
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| inmates tested in accordance with the provisions of this
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| subsection shall be provided with HIV/AIDS
pre-test and |
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| post-test counseling.
If the test result is positive, the |
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| committed person shall receive medical care for the infection |
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| paid by the Department during the committed person's |
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| incarceration. |
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Notwithstanding any provision of this subsection to the |
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| contrary, the
Department shall not be required to conduct the |
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| testing and counseling
required by this subsection unless |
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| sufficient funds to cover all costs of
such testing and |
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| counseling are appropriated for that
purpose by the General |
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| Assembly.
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| (j) Any person convicted of a sex offense as defined in the |
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| Sex Offender
Management Board Act shall be required to receive |
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| a sex offender evaluation
prior to release into the community |
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| from the Department of Corrections. The
sex offender evaluation |
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| shall be conducted in conformance with the standards
and |
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| guidelines developed under
the Sex Offender Management Board |
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| Act and by an evaluator approved by the
Board.
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| (k) Any minor committed to the Department of Juvenile |
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09500HB0231ham001 |
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LRB095 04121 RLC 32365 a |
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| Justice
for a sex offense as defined by the Sex Offender |
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| Management Board Act shall be
required to undergo sex offender |
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| treatment by a treatment provider approved by
the Board and |
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| conducted in conformance with the Sex Offender Management Board
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| Act.
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| (l) Prior to the release of any inmate, the Department must |
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| provide the inmate with the option of testing for infection |
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| with human immunodeficiency virus (HIV), as well as counseling |
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| in connection with such testing, with no copayment for the |
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| test. At the same time, the Department shall require each such |
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| inmate to sign a form stating that the inmate has been informed |
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| of his or her rights with respect to the testing required to be |
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| offered under this subsection (l) and providing the inmate with |
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| an opportunity to indicate either that he or she wants to be |
15 |
| tested or that he or she does not want to be tested. The |
16 |
| Department, in consultation with the Department of Public |
17 |
| Health, shall prescribe the contents of the form. The
testing |
18 |
| provided under this subsection (l) shall consist of an |
19 |
| enzyme-linked
immunosorbent assay (ELISA) test or any other |
20 |
| test approved by
the Department of Public Health. If the test |
21 |
| result is positive,
the Western Blot Assay or more reliable |
22 |
| confirmatory test shall be
administered. |
23 |
| Prior to the release of an inmate who the Department knows |
24 |
| has tested positive for infection with HIV, the Department in a |
25 |
| timely manner shall offer the inmate transitional case |
26 |
| management, including referrals to other support services.
|