Full Text of HB2574 96th General Assembly
HB2574ham001 96TH GENERAL ASSEMBLY
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State Government Administration Committee
Filed: 3/11/2009
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LRB096 09529 RLC 23344 a |
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| AMENDMENT TO HOUSE BILL 2574
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| AMENDMENT NO. ______. Amend House Bill 2574 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 Section 3-6-2 as follows: | 6 |
| (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | 7 |
| Sec. 3-6-2. Institutions and Facility Administration.
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| (a) Each institution and facility of the Department shall | 9 |
| 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 | 14 |
| such persons.
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| (b) The chief administrative officer shall have such | 16 |
| 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. | 11 |
| 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 | 13 |
| Section 3-10-5.
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| (d) The Department shall provide educational programs for | 15 |
| all
committed persons so that all persons have an opportunity | 16 |
| 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 | 20 |
| possible.
The Department may establish programs of mandatory | 21 |
| education and may
establish rules and regulations for the | 22 |
| administration of such programs.
A person committed to the | 23 |
| Department who, during the period of his or her
incarceration, | 24 |
| participates in an educational program provided by or through
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| the Department and through that program is awarded or earns the | 26 |
| number of
hours of credit required for the award of an |
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| associate, baccalaureate, or
higher degree from a community | 2 |
| college, college, or university located in
Illinois shall | 3 |
| reimburse the State, through the Department, for the costs
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| incurred by the State in providing that person during his or | 5 |
| her incarceration
with the education that qualifies him or her | 6 |
| for the award of that degree. The
costs for which reimbursement | 7 |
| is required under this subsection shall be
determined and | 8 |
| computed by the Department under rules and regulations that
it | 9 |
| shall establish for that purpose. However, interest at the rate | 10 |
| of 6%
per annum shall be charged on the balance of those costs | 11 |
| from time to time
remaining unpaid, from the date of the | 12 |
| person's parole, mandatory supervised
release, or release | 13 |
| constituting a final termination of his or her commitment
to | 14 |
| the Department until paid.
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| (d-5) A person committed to the Department is entitled to | 16 |
| confidential testing for infection with human immunodeficiency | 17 |
| virus (HIV) and to counseling in connection with such testing, | 18 |
| with no copay to the committed person. A person committed to | 19 |
| the Department who has tested positive for infection with HIV | 20 |
| is entitled to medical care while incarcerated, counseling, and | 21 |
| referrals to support services, in connection with that positive | 22 |
| test result. Implementation of this subsection (d-5) is subject | 23 |
| to appropriation.
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| (e) A person committed to the Department who becomes in | 25 |
| need
of medical or surgical treatment but is incapable of | 26 |
| giving
consent thereto shall receive such medical or surgical |
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| treatment
by the chief administrative officer consenting on the | 2 |
| person's behalf.
Before the chief administrative officer | 3 |
| consents, he or she shall
obtain the advice of one or more | 4 |
| physicians licensed to practice medicine
in all its branches in | 5 |
| this State. If such physician or physicians advise:
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| (1) that immediate medical or surgical treatment is | 7 |
| required
relative to a condition threatening to cause | 8 |
| death, damage or
impairment to bodily functions, or | 9 |
| disfigurement; and
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| (2) that the person is not capable of giving consent to | 11 |
| such treatment;
the chief administrative officer may give | 12 |
| consent for such
medical or surgical treatment, and such | 13 |
| consent shall be
deemed to be the consent of the person for | 14 |
| all purposes,
including, but not limited to, the authority | 15 |
| of a physician
to give such treatment. | 16 |
| (e-5) If a physician providing medical care to a committed | 17 |
| person on behalf of the Department advises the chief | 18 |
| administrative officer that the committed person's mental or | 19 |
| physical health has deteriorated as a result of the cessation | 20 |
| of ingestion of food or liquid to the point where medical or | 21 |
| surgical treatment is required to prevent death, damage, or | 22 |
| impairment to bodily functions, the chief administrative | 23 |
| 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 | 2 |
| person receiving medical or dental
services on a non-emergency | 3 |
| basis to pay a $2 co-payment to the Department for
each visit | 4 |
| for medical or dental services. The amount of each co-payment | 5 |
| shall be deducted from the
committed person's individual | 6 |
| account.
A committed person who has a chronic illness, as | 7 |
| defined by Department rules
and regulations, shall be exempt | 8 |
| from the $2 co-payment for treatment of the
chronic illness. A | 9 |
| committed person shall not be subject to a $2 co-payment
for | 10 |
| follow-up visits ordered by a physician, who is employed by, or | 11 |
| contracts
with, the Department. A committed person who is | 12 |
| indigent is exempt from the
$2 co-payment
and is entitled to | 13 |
| receive medical or dental services on the same basis as a
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| committed person who is financially able to afford the | 15 |
| co-payment.
Notwithstanding any other provision in this | 16 |
| subsection (f) to the contrary,
any person committed to any | 17 |
| 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 | 20 |
| facilities.
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| (g) Any person having sole custody of a child at
the time | 22 |
| of commitment or any woman giving birth to a child after
her | 23 |
| commitment, may arrange through the Department of Children
and | 24 |
| Family Services for suitable placement of the child outside
of | 25 |
| 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 | 2 |
| the
child is 6 years old.
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| (h) The Department may provide Family Responsibility | 4 |
| Services which
may consist of, but not be limited to the | 5 |
| 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 | 11 |
| separately or
together, preceding the inmate's release; | 12 |
| and
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| (6) a prerelease reunification staffing involving the | 14 |
| family advocate,
the inmate and the child's counselor, or | 15 |
| both and the inmate.
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| (i) Prior to the release of any inmate who has a documented | 17 |
| history
of intravenous drug use, and upon the receipt of that | 18 |
| inmate's written
informed consent, the Department shall | 19 |
| provide for the testing of such
inmate for infection with human | 20 |
| immunodeficiency virus (HIV) and any other
identified | 21 |
| causative agent of acquired immunodeficiency syndrome (AIDS). | 22 |
| The
testing provided under this subsection shall consist of an | 23 |
| enzyme-linked
immunosorbent assay (ELISA) test or such other | 24 |
| test as may be approved by
the Illinois Department of Public | 25 |
| Health. If the test result is positive,
the Western Blot Assay | 26 |
| 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 pre-test and post-test | 3 |
| counseling.
Notwithstanding any provision of this subsection | 4 |
| to the contrary, the
Department shall not be required to | 5 |
| conduct the testing and counseling
required by this subsection | 6 |
| unless sufficient funds to cover all costs of
such testing and | 7 |
| counseling are appropriated for that
purpose by the General | 8 |
| Assembly.
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| (j) Any person convicted of a sex offense as defined in the | 10 |
| Sex Offender
Management Board Act shall be required to receive | 11 |
| a sex offender evaluation
prior to release into the community | 12 |
| from the Department of Corrections. The
sex offender evaluation | 13 |
| shall be conducted in conformance with the standards
and | 14 |
| guidelines developed under
the Sex Offender Management Board | 15 |
| Act and by an evaluator approved by the
Board.
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| (k) Any minor committed to the Department of Juvenile | 17 |
| Justice
for a sex offense as defined by the Sex Offender | 18 |
| Management Board Act shall be
required to undergo sex offender | 19 |
| treatment by a treatment provider approved by
the Board and | 20 |
| 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 | 23 |
| provide the inmate with the option of testing for infection | 24 |
| with human immunodeficiency virus (HIV), as well as counseling | 25 |
| in connection with such testing, with no copayment for the | 26 |
| 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 | 2 |
| of his or her rights with respect to the testing required to be | 3 |
| offered under this subsection (l) and providing the inmate with | 4 |
| an opportunity to indicate either that he or she wants to be | 5 |
| tested or that he or she does not want to be tested. The | 6 |
| Department, in consultation with the Department of Public | 7 |
| Health, shall prescribe the contents of the form. The
testing | 8 |
| provided under this subsection (l) shall consist of an | 9 |
| enzyme-linked
immunosorbent assay (ELISA) test or any other | 10 |
| test approved by
the Department of Public Health. If the test | 11 |
| result is positive,
the Western Blot Assay or more reliable | 12 |
| confirmatory test shall be
administered. | 13 |
| Prior to the release of an inmate who the Department knows | 14 |
| has tested positive for infection with HIV, the Department in a | 15 |
| timely manner shall offer the inmate transitional case | 16 |
| management, including referrals to other support services.
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| Implementation of this subsection (l) is subject to | 18 |
| appropriation.
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| (m) The chief administrative officer of each institution or | 20 |
| facility of the Department shall make a room in the institution | 21 |
| or facility available for addiction recovery services to be | 22 |
| provided to committed persons on a voluntary basis. The | 23 |
| services shall be provided for one hour once a week at a time | 24 |
| specified by the chief administrative officer of the | 25 |
| institution or facility if the following conditions are met: | 26 |
| (1) the addiction recovery service contacts the chief |
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| administrative officer to arrange the meeting; | 2 |
| (2) the committed person may attend the meeting for | 3 |
| addiction recovery services only if the committed person | 4 |
| uses pre-existing free time already available to the | 5 |
| committed person; | 6 |
| (3) all disciplinary and other rules of the institution | 7 |
| or facility remain in effect; | 8 |
| (4) the committed person is not given any additional | 9 |
| privileges to attend addiction recovery services; | 10 |
| (5) if the addiction recovery service does not arrange | 11 |
| for scheduling a meeting for that week, no addiction | 12 |
| recovery services shall be provided to the committed person | 13 |
| in the institution or facility for that week; | 14 |
| (6) the number of committed persons who may attend an | 15 |
| addiction recovery meeting shall not exceed 40 during any | 16 |
| session held at the correctional institution or facility; | 17 |
| (7) a volunteer seeking to provide addiction recovery | 18 |
| services under this subsection (m) must submit an | 19 |
| application to the Department of Corrections under | 20 |
| existing Department rules and the Department must review | 21 |
| the application within 60 days after submission of the | 22 |
| application to the Department; and | 23 |
| (8) each institution and facility of the Department | 24 |
| shall manage the addiction recovery services program | 25 |
| according to its own processes and procedures. | 26 |
| For the purposes of this subsection (m), "addiction |
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| recovery services" means recovery services for alcoholics and | 2 |
| addicts provided by volunteers of recovery support services | 3 |
| recognized by the Department of Human Services. | 4 |
| (Source: P.A. 93-616, eff. 1-1-04; 93-928, eff. 1-1-05; 94-629, | 5 |
| eff. 1-1-06; 94-696, eff. 6-1-06 .)
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| Section 99. Effective date. This Act takes effect January | 7 |
| 1, 2010.".
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