Full Text of HB0231 95th General Assembly
HB0231ham001 95TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 3/2/2007
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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 | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Unified Code of Corrections is amended by | 5 |
| 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. | 8 |
| (a) "Chief Administrative Officer" means the
person | 9 |
| designated by the Director to exercise the powers and duties of | 10 |
| the
Department of Corrections in regard to committed persons | 11 |
| 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 | 14 |
| subsection (a) of Section 3-3-7, paragraph (10) of subsection | 15 |
| (a) of Section 5-6-3, and paragraph (18) of subsection (c) of | 16 |
| Section 5-6-3.1 only means: |
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| (i) A violation of any of the following Sections of the | 2 |
| Criminal Code of
1961: 10-7 (aiding and abetting child | 3 |
| abduction under Section 10-5(b)(10)),
10-5(b)(10) (child | 4 |
| luring), 11-6 (indecent solicitation of a child), 11-6.5
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| (indecent solicitation of an adult),
11-15.1 (soliciting | 6 |
| for a juvenile
prostitute), 11-17.1 (keeping a place of | 7 |
| juvenile prostitution), 11-18.1
(patronizing a juvenile | 8 |
| prostitute), 11-19.1 (juvenile pimping),
11-19.2 | 9 |
| (exploitation of a child), 11-20.1 (child pornography), | 10 |
| 12-14.1
(predatory criminal sexual assault of a child), or | 11 |
| 12-33 (ritualized abuse of a
child). An attempt to commit | 12 |
| any of
these offenses. | 13 |
| (ii) A violation of any of the following Sections of | 14 |
| the Criminal Code
of 1961: 12-13 (criminal
sexual assault), | 15 |
| 12-14 (aggravated criminal sexual assault), 12-16 | 16 |
| (aggravated criminal sexual abuse), and subsection (a) of | 17 |
| Section 12-15
(criminal sexual abuse). An attempt to commit
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| any of these offenses. | 19 |
| (iii) A violation of any of the following Sections of | 20 |
| the Criminal Code
of 1961 when the defendant is
not a | 21 |
| parent of the victim: | 22 |
| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping), | 24 |
| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint). | 26 |
| An attempt to commit any of these offenses. |
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| (iv) A violation of any former law of this State | 2 |
| substantially
equivalent to any offense listed in this | 3 |
| subsection (a-5). | 4 |
| An offense violating federal law or the law of another | 5 |
| state
that is substantially equivalent to any offense listed in | 6 |
| this
subsection (a-5) shall constitute a sex offense for the | 7 |
| purpose of
this subsection (a-5). A finding or adjudication as | 8 |
| a sexually dangerous person under
any federal law or law of | 9 |
| another state that is substantially equivalent to the
Sexually | 10 |
| Dangerous Persons Act shall constitute an adjudication for a | 11 |
| 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 | 16 |
| Department,
however a committed person shall not be considered | 17 |
| to be an employee of
the Department of Corrections for any | 18 |
| purpose, including eligibility for
a pension, benefits, or any | 19 |
| other compensation or rights or privileges which
may be | 20 |
| provided to employees of the Department.
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| (d) "Correctional Institution or Facility" means any | 22 |
| building or
part of a building where committed persons are kept | 23 |
| in a secured manner.
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| (e) In the case of functions performed before the effective | 25 |
| date of this amendatory Act of the 94th General Assembly, | 26 |
| "Department" means the Department of Corrections of this State. |
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| In the case of functions performed on or after the effective | 2 |
| date of this amendatory Act of the 94th General Assembly, | 3 |
| "Department" has the meaning ascribed to it in subsection | 4 |
| (f-5).
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| (f) In the case of functions performed before the effective | 6 |
| date of this amendatory Act of the 94th General Assembly, | 7 |
| "Director" means the Director of the Department of Corrections. | 8 |
| In the case of functions performed on or after the effective | 9 |
| date of this amendatory Act of the 94th General Assembly, | 10 |
| "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 | 12 |
| effective date of this amendatory Act of the 94th General | 13 |
| Assembly, references to "Department" or "Director" refer to | 14 |
| either the Department of Corrections or the Director of | 15 |
| Corrections or to the Department of Juvenile Justice or the | 16 |
| Director of Juvenile Justice unless the context is specific to | 17 |
| the Department of Juvenile Justice or the Director of Juvenile | 18 |
| 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 | 26 |
| 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 | 3 |
| the
Department of Corrections for a designated purpose and | 4 |
| period of time.
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| (j-5) "HIV/AIDS" means the human immunodeficiency virus or | 6 |
| any other
identified causative agent of acquired | 7 |
| immunodeficiency syndrome.
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| (k) "Parole" means the conditional and revocable release
of | 9 |
| 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 | 14 |
| prisoners
alleged to have violated Department rules with | 15 |
| respect to good
time credits, to set release dates for certain | 16 |
| prisoners
sentenced under the law in effect prior to the | 17 |
| effective
date of this Amendatory Act of 1977, to hear requests | 18 |
| and
make recommendations to the Governor with respect to | 19 |
| pardon,
reprieve or commutation, to set conditions for parole | 20 |
| and
mandatory supervised release and determine whether | 21 |
| violations
of those conditions justify revocation of parole or | 22 |
| release,
and to assume all other functions previously exercised | 23 |
| 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 | 26 |
| term may be construed by the Department or Court, within
its |
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| discretion, to include treatment, service or counseling by
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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 | 6 |
| subsection (a) of
Section 3 of the Bill of Rights for Victims | 7 |
| 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 | 12 |
| Juvenile Justice shall
maintain a master record file on each | 13 |
| person committed to it,
which shall contain the following | 14 |
| 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 | 18 |
| recommendations;
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| (4) reports as to program assignment and progress;
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| (5) reports of disciplinary infractions and | 21 |
| 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; | 25 |
| (9) The results of an HIV/AIDS test administered under |
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| subsection (i) of Section 3-6-2; and | 2 |
| (10) any
other pertinent data concerning the person's | 3 |
| background,
conduct, associations and family relationships | 4 |
| as may be
required by the respective Department. | 5 |
| A current summary index shall be
maintained on each file | 6 |
| which shall include the person's known active and
past
gang | 7 |
| 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 | 13 |
| keep a record of all
outside personnel who have access to | 14 |
| files, the files reviewed,
any file material copied, and the | 15 |
| purpose of access. If the
respective Department or the Prisoner | 16 |
| Review Board makes a determination
under this Code which | 17 |
| affects the length of the period of
confinement or commitment, | 18 |
| the committed person and his counsel
shall be advised of | 19 |
| factual information relied upon by the
respective Department or | 20 |
| Board to make the determination, provided that
the Department | 21 |
| or Board shall not be required to advise a
person committed to | 22 |
| the Department of Juvenile Justice any such information
which | 23 |
| in the opinion of the Department of Juvenile Justice or Board | 24 |
| 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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| in
charge of the person. When custody of a person is | 2 |
| transferred
from the Department to another department or | 3 |
| agency, a
summary of the file shall be forwarded to the | 4 |
| 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 | 8 |
| the respective Department shall be placed on inactive status | 9 |
| and its
use shall be restricted subject to rules and | 10 |
| 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 | 14 |
| 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) | 17 |
| Sec. 3-6-2. Institutions and Facility Administration.
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| (a) Each institution and facility of the Department shall | 19 |
| 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 | 24 |
| such persons.
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| (b) The chief administrative officer shall have such |
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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. | 12 |
| 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 | 14 |
| Section 3-10-5.
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| (d) The Department shall provide educational programs for | 16 |
| all
committed persons so that all persons have an opportunity | 17 |
| 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 | 21 |
| possible.
The Department may establish programs of mandatory | 22 |
| education and may
establish rules and regulations for the | 23 |
| administration of such programs.
A person committed to the | 24 |
| Department who, during the period of his or her
incarceration, | 25 |
| 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 | 2 |
| associate, baccalaureate, or
higher degree from a community | 3 |
| college, college, or university located in
Illinois shall | 4 |
| reimburse the State, through the Department, for the costs
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| incurred by the State in providing that person during his or | 6 |
| her incarceration
with the education that qualifies him or her | 7 |
| for the award of that degree. The
costs for which reimbursement | 8 |
| is required under this subsection shall be
determined and | 9 |
| computed by the Department under rules and regulations that
it | 10 |
| shall establish for that purpose. However, interest at the rate | 11 |
| of 6%
per annum shall be charged on the balance of those costs | 12 |
| from time to time
remaining unpaid, from the date of the | 13 |
| person's parole, mandatory supervised
release, or release | 14 |
| constituting a final termination of his or her commitment
to | 15 |
| the Department until paid.
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| (d-5) A person committed to the Department is entitled to | 17 |
| confidential testing for infection with human immunodeficiency | 18 |
| virus (HIV) and to counseling in connection with such testing, | 19 |
| with no copay to the committed person. A person committed to | 20 |
| the Department who has tested positive for infection with HIV | 21 |
| is entitled to medical care while incarcerated, counseling, and | 22 |
| referrals to support services, in connection with that positive | 23 |
| test result. Implementation of this subsection (d-5) is subject | 24 |
| to appropriation.
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| (e) A person committed to the Department who becomes in | 26 |
| need
of medical or surgical treatment but is incapable of |
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| giving
consent thereto shall receive such medical or surgical | 2 |
| treatment
by the chief administrative officer consenting on the | 3 |
| person's behalf.
Before the chief administrative officer | 4 |
| consents, he or she shall
obtain the advice of one or more | 5 |
| physicians licensed to practice medicine
in all its branches in | 6 |
| this State. If such physician or physicians advise:
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| (1) that immediate medical or surgical treatment is | 8 |
| required
relative to a condition threatening to cause | 9 |
| death, damage or
impairment to bodily functions, or | 10 |
| disfigurement; and
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| (2) that the person is not capable of giving consent to | 12 |
| such treatment;
the chief administrative officer may give | 13 |
| consent for such
medical or surgical treatment, and such | 14 |
| consent shall be
deemed to be the consent of the person for | 15 |
| all purposes,
including, but not limited to, the authority | 16 |
| of a physician
to give such treatment. | 17 |
| (e-5) If a physician providing medical care to a committed | 18 |
| person on behalf of the Department advises the chief | 19 |
| administrative officer that the committed person's mental or | 20 |
| physical health has deteriorated as a result of the cessation | 21 |
| of ingestion of food or liquid to the point where medical or | 22 |
| surgical treatment is required to prevent death, damage, or | 23 |
| impairment to bodily functions, the chief administrative | 24 |
| 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 | 3 |
| person receiving medical or dental
services on a non-emergency | 4 |
| basis to pay a $2 co-payment to the Department for
each visit | 5 |
| for medical or dental services. The amount of each co-payment | 6 |
| shall be deducted from the
committed person's individual | 7 |
| account.
A committed person who has a chronic illness, as | 8 |
| defined by Department rules
and regulations, shall be exempt | 9 |
| from the $2 co-payment for treatment of the
chronic illness. A | 10 |
| committed person shall not be subject to a $2 co-payment
for | 11 |
| follow-up visits ordered by a physician, who is employed by, or | 12 |
| contracts
with, the Department. A committed person who is | 13 |
| indigent is exempt from the
$2 co-payment
and is entitled to | 14 |
| receive medical or dental services on the same basis as a
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| committed person who is financially able to afford the | 16 |
| co-payment.
Notwithstanding any other provision in this | 17 |
| subsection (f) to the contrary,
any person committed to any | 18 |
| 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 | 21 |
| facilities.
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| (g) Any person having sole custody of a child at
the time | 23 |
| of commitment or any woman giving birth to a child after
her | 24 |
| commitment, may arrange through the Department of Children
and | 25 |
| Family Services for suitable placement of the child outside
of | 26 |
| 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 | 3 |
| the
child is 6 years old.
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| (h) The Department may provide Family Responsibility | 5 |
| Services which
may consist of, but not be limited to the | 6 |
| 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 | 12 |
| separately or
together, preceding the inmate's release; | 13 |
| and
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| (6) a prerelease reunification staffing involving the | 15 |
| family advocate,
the inmate and the child's counselor, or | 16 |
| both and the inmate.
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| (i) Upon admission of a committed person to a Department of | 18 |
| Corrections facility as part of his or her comprehensive | 19 |
| physical examination and immediately prior to release of that | 20 |
| person, the committed person shall be offered to take a test | 21 |
| for HIV/AIDS administered by the Department.
Prior to the | 22 |
| release of any inmate who has a documented history
of | 23 |
| intravenous drug use, and upon the receipt of that inmate's | 24 |
| written
informed consent, the Department shall provide for the | 25 |
| testing of such
inmate for infection with human | 26 |
| immunodeficiency virus (HIV) and any other
identified |
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| causative agent of acquired immunodeficiency syndrome (AIDS). | 2 |
| The
testing provided under this subsection shall consist of an | 3 |
| enzyme-linked
immunosorbent assay (ELISA) test or such other | 4 |
| test as may be approved by
the Illinois Department of Public | 5 |
| Health. If the test result is positive,
the Western Blot Assay | 6 |
| or more reliable confirmatory test shall be
administered.
All | 7 |
| inmates tested in accordance with the provisions of this
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| subsection shall be provided with HIV/AIDS
pre-test and | 9 |
| post-test counseling.
If the test result is positive, the | 10 |
| committed person shall receive medical care for the infection | 11 |
| paid by the Department during the committed person's | 12 |
| incarceration. | 13 |
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Notwithstanding any provision of this subsection to the | 14 |
| contrary, the
Department shall not be required to conduct the | 15 |
| testing and counseling
required by this subsection unless | 16 |
| sufficient funds to cover all costs of
such testing and | 17 |
| counseling are appropriated for that
purpose by the General | 18 |
| Assembly.
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| (j) Any person convicted of a sex offense as defined in the | 20 |
| Sex Offender
Management Board Act shall be required to receive | 21 |
| a sex offender evaluation
prior to release into the community | 22 |
| from the Department of Corrections. The
sex offender evaluation | 23 |
| shall be conducted in conformance with the standards
and | 24 |
| guidelines developed under
the Sex Offender Management Board | 25 |
| 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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| Justice
for a sex offense as defined by the Sex Offender | 2 |
| Management Board Act shall be
required to undergo sex offender | 3 |
| treatment by a treatment provider approved by
the Board and | 4 |
| 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 | 7 |
| provide the inmate with the option of testing for infection | 8 |
| with human immunodeficiency virus (HIV), as well as counseling | 9 |
| in connection with such testing, with no copayment for the | 10 |
| test. At the same time, the Department shall require each such | 11 |
| inmate to sign a form stating that the inmate has been informed | 12 |
| of his or her rights with respect to the testing required to be | 13 |
| offered under this subsection (l) and providing the inmate with | 14 |
| 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.
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| Implementation of this subsection (l) is subject to | 2 |
| appropriation.
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| (Source: P.A. 93-616, eff. 1-1-04; 93-928, eff. 1-1-05; 94-629, | 4 |
| eff. 1-1-06; 94-696, eff. 6-1-06 .)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.".
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