Full Text of HB0204 97th General Assembly
HB0204 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0204 Introduced 01/21/11, by Rep. LaShawn K. Ford SYNOPSIS AS INTRODUCED: |
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20 ILCS 505/22.3 | from Ch. 23, par. 5022.3 |
410 ILCS 315/2a | from Ch. 111 1/2, par. 22.12a |
720 ILCS 5/12-18 | from Ch. 38, par. 12-18 |
730 ILCS 5/3-6-2 | from Ch. 38, par. 1003-6-2 |
730 ILCS 5/3-8-2 | from Ch. 38, par. 1003-8-2 |
730 ILCS 5/3-10-2 | from Ch. 38, par. 1003-10-2 |
730 ILCS 125/17.10 | |
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Amends various Acts to eliminate references to the Western Blot Assay test as a confirmatory test for HIV. Provides that the confirmatory test for HIV shall be based upon recommendations of the United States Centers for Disease Control. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning HIV testing.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Children and Family Services Act is amended | 5 | | by changing Section 22.3 as follows:
| 6 | | (20 ILCS 505/22.3) (from Ch. 23, par. 5022.3)
| 7 | | Sec. 22.3.
To provide human immunodeficiency virus (HIV) | 8 | | testing for
any child in the custody of the Department being | 9 | | placed in adoptive care,
upon the request of the child's
| 10 | | prospective adoptive parent. Such test shall consist of an | 11 | | enzyme-linked
immunosorbent assay (ELISA) test to determine | 12 | | the presence of antibodies to
HIV, or such other test as may be | 13 | | approved by the Illinois Department of
Public Health; in the | 14 | | event of a positive result, a the Western Blot Assay or
a more | 15 | | reliable confirmatory test based upon recommendations of the | 16 | | United States Centers for Disease Control shall also be | 17 | | administered.
The prospective adoptive parent requesting the | 18 | | test shall be
confidentially notified of the test result, and | 19 | | if the test is positive,
the Department shall provide the | 20 | | prospective adoptive parents and child with treatment and
| 21 | | counseling, as appropriate.
The Department shall report | 22 | | positive HIV test results to the Illinois
Department of Public | 23 | | Health.
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| 1 | | (Source: P.A. 86-904.)
| 2 | | Section 10. The Communicable Disease Prevention Act is | 3 | | amended by changing Section 2a as follows:
| 4 | | (410 ILCS 315/2a) (from Ch. 111 1/2, par. 22.12a)
| 5 | | Sec. 2a.
Whenever a child of school age is reported to the | 6 | | Illinois
Department of Public Health or a local health | 7 | | department as having been
diagnosed as having acquired immune | 8 | | deficiency syndrome (AIDS) or
AIDS-related complex (ARC) or as | 9 | | having been shown to have been exposed to
human | 10 | | immunodeficiency virus (HIV) or any other identified causative | 11 | | agent
of AIDS by testing positive on a Western Blot Assay or | 12 | | more reliable test based upon recommendations of the United | 13 | | States Centers for Disease Control ,
such department shall give | 14 | | prompt and confidential notice of the identity
of the child to | 15 | | the principal of the school in which the child is enrolled.
If | 16 | | the child is enrolled in a public school, the
principal shall | 17 | | disclose the identity of the child to the
superintendent of the | 18 | | school district in which the child resides.
| 19 | | The principal may, as necessary, disclose the identity of | 20 | | an infected child
to:
| 21 | | (1) the school nurse at that school;
| 22 | | (2) the classroom
teachers in whose classes
the child is | 23 | | enrolled; and
| 24 | | (3) those persons who, pursuant to federal or state law, |
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| 1 | | are required to
decide the placement or educational program of | 2 | | the child.
| 3 | | In addition, the principal may inform such other
persons as | 4 | | may be necessary that an infected child is enrolled at that | 5 | | school,
so long as the child's identity is not revealed.
| 6 | | (Source: P.A. 85-1399.)
| 7 | | Section 15. The Criminal Code of 1961 is amended by | 8 | | changing Section 12-18 as follows:
| 9 | | (720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
| 10 | | Sec. 12-18. General Provisions.
| 11 | | (a) No person accused of violating Sections 12-13, 12-14, | 12 | | 12-15 or 12-16
of this Code shall be presumed to be incapable | 13 | | of committing an offense
prohibited by Sections 12-13, 12-14, | 14 | | 12-14.1, 12-15 or 12-16 of this Code
because of age, physical | 15 | | condition or relationship to the victim, except as
otherwise | 16 | | provided in subsection (c) of this Section. Nothing in this | 17 | | Section
shall be construed to modify or abrogate the | 18 | | affirmative defense of infancy
under Section 6-1 of this Code | 19 | | or the provisions of Section 5-805 of the
Juvenile Court Act of | 20 | | 1987.
| 21 | | (b) Any medical examination or procedure which is conducted | 22 | | by a physician,
nurse, medical or hospital personnel, parent, | 23 | | or caretaker for purposes
and in a manner consistent with | 24 | | reasonable medical standards is not an offense
under Sections |
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| 1 | | 12-13, 12-14, 12-14.1, 12-15 and 12-16 of this Code.
| 2 | | (c) (Blank).
| 3 | | (d) (Blank).
| 4 | | (e) After a finding at a preliminary hearing that there is | 5 | | probable
cause to believe that an accused has committed a | 6 | | violation of Section
12-13, 12-14, or 12-14.1 of this Code, or | 7 | | after an indictment is returned
charging an accused with a | 8 | | violation of Section 12-13, 12-14, or 12-14.1 of
this Code,
or | 9 | | after a finding that a defendant charged with a violation of | 10 | | Section
12-13, 12-14, or 12-14.1 of this Code is unfit to stand | 11 | | trial pursuant to
Section 104-16 of the Code of
Criminal | 12 | | Procedure of 1963 where the finding is made prior to | 13 | | preliminary
hearing,
at the request of the person who was the | 14 | | victim of the violation of
Section 12-13, 12-14, or 12-14.1, | 15 | | the prosecuting State's attorney shall seek
an order from the | 16 | | court to compel the accused to be tested within 48 hours for | 17 | | any sexually
transmissible disease, including a test for | 18 | | infection with
human immunodeficiency virus (HIV). The medical | 19 | | tests shall be
performed only
by appropriately licensed medical | 20 | | practitioners. The test for infection with
human | 21 | | immunodeficiency virus (HIV) shall consist of an
enzyme-linked | 22 | | immunosorbent assay (ELISA) test, or such other test as may
be | 23 | | approved by the Illinois Department of Public Health; in the | 24 | | event of a
positive result, a the Western Blot Assay or a more | 25 | | reliable confirmatory
test based upon recommendations of the | 26 | | United States Centers for Disease Control shall be |
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| 1 | | administered. The results of the tests and any follow-up tests | 2 | | shall be
kept
strictly confidential by all medical personnel | 3 | | involved in the testing and
must be personally delivered in a | 4 | | sealed envelope to the victim, to the defendant, to the State's | 5 | | Attorney, and to the
judge who entered the order, for the | 6 | | judge's inspection in camera. The judge shall provide to the | 7 | | victim a referral to the Illinois Department of Public Health | 8 | | HIV/AIDS toll-free hotline for counseling and information in | 9 | | connection with the test result. Acting
in accordance with the | 10 | | best interests of the victim and the public, the
judge shall | 11 | | have the discretion to determine to whom, if anyone, the result
| 12 | | of the testing may be revealed; however, in no case shall the | 13 | | identity of
the victim be disclosed. The court shall order that | 14 | | the cost of the tests
shall be paid by the county, and shall be | 15 | | taxed as costs against the accused
if convicted.
| 16 | | (f) Whenever any law enforcement officer has reasonable | 17 | | cause to believe
that a person has been delivered a controlled | 18 | | substance without his or her
consent, the law enforcement | 19 | | officer shall advise the victim about seeking
medical treatment | 20 | | and preserving evidence.
| 21 | | (g) Every hospital providing emergency hospital services | 22 | | to an alleged
sexual assault survivor, when there is reasonable
| 23 | | cause to believe that a person has been delivered a controlled | 24 | | substance
without his or her consent, shall designate personnel | 25 | | to provide:
| 26 | | (1) An explanation to the victim about the nature and |
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| 1 | | effects of commonly
used controlled substances and how such | 2 | | controlled substances are administered.
| 3 | | (2) An offer to the victim of testing for the presence | 4 | | of such controlled
substances.
| 5 | | (3) A disclosure to the victim that all controlled | 6 | | substances or alcohol
ingested by the victim will be | 7 | | disclosed by the test.
| 8 | | (4) A statement that the test is completely voluntary.
| 9 | | (5) A form for written authorization for sample | 10 | | analysis of all controlled
substances and alcohol ingested | 11 | | by the victim.
| 12 | | A physician licensed to practice medicine in all its | 13 | | branches may agree to
be a designated person under this | 14 | | subsection.
| 15 | | No sample analysis may be performed unless the victim
| 16 | | returns a signed written authorization within 30 days
after the | 17 | | sample was
collected.
| 18 | | Any medical treatment or care under this subsection shall | 19 | | be only in
accordance with the order of a physician licensed to | 20 | | practice medicine in all
of its branches. Any testing under | 21 | | this subsection shall be only in accordance
with the order of a | 22 | | licensed individual authorized to order the testing.
| 23 | | (Source: P.A. 94-397, eff. 1-1-06; 95-926, eff. 8-26-08.)
| 24 | | Section 20. The Unified Code of Corrections is amended by | 25 | | changing Sections 3-6-2, 3-8-2, and 3-10-2 as follows: |
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| 1 | | (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | 2 | | Sec. 3-6-2. Institutions and Facility Administration.
| 3 | | (a) Each institution and facility of the Department shall | 4 | | be
administered by a chief administrative officer appointed by
| 5 | | the Director. A chief administrative officer shall be
| 6 | | responsible for all persons assigned to the institution or
| 7 | | facility. The chief administrative officer shall administer
| 8 | | the programs of the Department for the custody and treatment
of | 9 | | such persons.
| 10 | | (b) The chief administrative officer shall have such | 11 | | assistants
as the Department may assign.
| 12 | | (c) The Director or Assistant Director shall have the
| 13 | | emergency powers to temporarily transfer individuals without
| 14 | | formal procedures to any State, county, municipal or regional
| 15 | | correctional or detention institution or facility in the State,
| 16 | | subject to the acceptance of such receiving institution or
| 17 | | facility, or to designate any reasonably secure place in the
| 18 | | State as such an institution or facility and to make transfers
| 19 | | thereto. However, transfers made under emergency powers shall
| 20 | | be reviewed as soon as practicable under Article 8, and shall
| 21 | | be subject to Section 5-905 of the Juvenile Court Act of
1987. | 22 | | This Section shall not apply to transfers to the Department of
| 23 | | Human Services which are provided for under
Section 3-8-5 or | 24 | | Section 3-10-5.
| 25 | | (d) The Department shall provide educational programs for |
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| 1 | | all
committed persons so that all persons have an opportunity | 2 | | to
attain the achievement level equivalent to the completion of
| 3 | | the twelfth grade in the public school system in this State.
| 4 | | Other higher levels of attainment shall be encouraged and
| 5 | | professional instruction shall be maintained wherever | 6 | | possible.
The Department may establish programs of mandatory | 7 | | education and may
establish rules and regulations for the | 8 | | administration of such programs.
A person committed to the | 9 | | Department who, during the period of his or her
incarceration, | 10 | | participates in an educational program provided by or through
| 11 | | the Department and through that program is awarded or earns the | 12 | | number of
hours of credit required for the award of an | 13 | | associate, baccalaureate, or
higher degree from a community | 14 | | college, college, or university located in
Illinois shall | 15 | | reimburse the State, through the Department, for the costs
| 16 | | incurred by the State in providing that person during his or | 17 | | her incarceration
with the education that qualifies him or her | 18 | | for the award of that degree. The
costs for which reimbursement | 19 | | is required under this subsection shall be
determined and | 20 | | computed by the Department under rules and regulations that
it | 21 | | shall establish for that purpose. However, interest at the rate | 22 | | of 6%
per annum shall be charged on the balance of those costs | 23 | | from time to time
remaining unpaid, from the date of the | 24 | | person's parole, mandatory supervised
release, or release | 25 | | constituting a final termination of his or her commitment
to | 26 | | the Department until paid.
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| 1 | | (d-5) A person committed to the Department is entitled to | 2 | | confidential testing for infection with human immunodeficiency | 3 | | virus (HIV) and to counseling in connection with such testing, | 4 | | with no copay to the committed person. A person committed to | 5 | | the Department who has tested positive for infection with HIV | 6 | | is entitled to medical care while incarcerated, counseling, and | 7 | | referrals to support services, in connection with that positive | 8 | | test result. Implementation of this subsection (d-5) is subject | 9 | | to appropriation.
| 10 | | (e) A person committed to the Department who becomes in | 11 | | need
of medical or surgical treatment but is incapable of | 12 | | giving
consent thereto shall receive such medical or surgical | 13 | | treatment
by the chief administrative officer consenting on the | 14 | | person's behalf.
Before the chief administrative officer | 15 | | consents, he or she shall
obtain the advice of one or more | 16 | | physicians licensed to practice medicine
in all its branches in | 17 | | this State. If such physician or physicians advise:
| 18 | | (1) that immediate medical or surgical treatment is | 19 | | required
relative to a condition threatening to cause | 20 | | death, damage or
impairment to bodily functions, or | 21 | | disfigurement; and
| 22 | | (2) that the person is not capable of giving consent to | 23 | | such treatment;
the chief administrative officer may give | 24 | | consent for such
medical or surgical treatment, and such | 25 | | consent shall be
deemed to be the consent of the person for | 26 | | all purposes,
including, but not limited to, the authority |
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| 1 | | of a physician
to give such treatment. | 2 | | (e-5) If a physician providing medical care to a committed | 3 | | person on behalf of the Department advises the chief | 4 | | administrative officer that the committed person's mental or | 5 | | physical health has deteriorated as a result of the cessation | 6 | | of ingestion of food or liquid to the point where medical or | 7 | | surgical treatment is required to prevent death, damage, or | 8 | | impairment to bodily functions, the chief administrative | 9 | | officer may authorize such medical or surgical treatment.
| 10 | | (f) In the event that the person requires medical care and
| 11 | | treatment at a place other than the institution or facility,
| 12 | | the person may be removed therefrom under conditions prescribed
| 13 | | by the Department.
The Department shall require the committed | 14 | | person receiving medical or dental
services on a non-emergency | 15 | | basis to pay a $2 co-payment to the Department for
each visit | 16 | | for medical or dental services. The amount of each co-payment | 17 | | shall be deducted from the
committed person's individual | 18 | | account.
A committed person who has a chronic illness, as | 19 | | defined by Department rules
and regulations, shall be exempt | 20 | | from the $2 co-payment for treatment of the
chronic illness. A | 21 | | committed person shall not be subject to a $2 co-payment
for | 22 | | follow-up visits ordered by a physician, who is employed by, or | 23 | | contracts
with, the Department. A committed person who is | 24 | | indigent is exempt from the
$2 co-payment
and is entitled to | 25 | | receive medical or dental services on the same basis as a
| 26 | | committed person who is financially able to afford the |
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| 1 | | co-payment.
Notwithstanding any other provision in this | 2 | | subsection (f) to the contrary,
any person committed to any | 3 | | facility operated by the Department of Juvenile Justice, as set
| 4 | | forth in Section 3-2.5-15 of this Code, is exempt from the
| 5 | | co-payment requirement for the duration of confinement in those | 6 | | facilities.
| 7 | | (g) Any person having sole custody of a child at
the time | 8 | | of commitment or any woman giving birth to a child after
her | 9 | | commitment, may arrange through the Department of Children
and | 10 | | Family Services for suitable placement of the child outside
of | 11 | | the Department of Corrections. The Director of the Department
| 12 | | of Corrections may determine that there are special reasons why
| 13 | | the child should continue in the custody of the mother until | 14 | | the
child is 6 years old.
| 15 | | (h) The Department may provide Family Responsibility | 16 | | Services which
may consist of, but not be limited to the | 17 | | following:
| 18 | | (1) family advocacy counseling;
| 19 | | (2) parent self-help group;
| 20 | | (3) parenting skills training;
| 21 | | (4) parent and child overnight program;
| 22 | | (5) parent and child reunification counseling, either | 23 | | separately or
together, preceding the inmate's release; | 24 | | and
| 25 | | (6) a prerelease reunification staffing involving the | 26 | | family advocate,
the inmate and the child's counselor, or |
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| 1 | | both and the inmate.
| 2 | | (i) Prior to the release of any inmate who has a documented | 3 | | history
of intravenous drug use, and upon the receipt of that | 4 | | inmate's written
informed consent, the Department shall | 5 | | provide for the testing of such
inmate for infection with human | 6 | | immunodeficiency virus (HIV) and any other
identified | 7 | | causative agent of acquired immunodeficiency syndrome (AIDS). | 8 | | The
testing provided under this subsection shall consist of an | 9 | | enzyme-linked
immunosorbent assay (ELISA) test or such other | 10 | | test as may be approved by
the Illinois Department of Public | 11 | | Health. If the test result is positive,
a the Western Blot | 12 | | Assay or more reliable confirmatory test based upon | 13 | | recommendations of the United States Centers for Disease | 14 | | Control shall be
administered. All inmates tested in accordance | 15 | | with the provisions of this
subsection shall be provided with | 16 | | pre-test and post-test counseling.
Notwithstanding any | 17 | | provision of this subsection to the contrary, the
Department | 18 | | shall not be required to conduct the testing and counseling
| 19 | | required by this subsection unless sufficient funds to cover | 20 | | all costs of
such testing and counseling are appropriated for | 21 | | that
purpose by the General Assembly.
| 22 | | (j) Any person convicted of a sex offense as defined in the | 23 | | Sex Offender
Management Board Act shall be required to receive | 24 | | a sex offender evaluation
prior to release into the community | 25 | | from the Department of Corrections. The
sex offender evaluation | 26 | | shall be conducted in conformance with the standards
and |
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| 1 | | guidelines developed under
the Sex Offender Management Board | 2 | | Act and by an evaluator approved by the
Board.
| 3 | | (k) Any minor committed to the Department of Juvenile | 4 | | Justice
for a sex offense as defined by the Sex Offender | 5 | | Management Board Act shall be
required to undergo sex offender | 6 | | treatment by a treatment provider approved by
the Board and | 7 | | conducted in conformance with the Sex Offender Management Board
| 8 | | Act.
| 9 | | (l) Prior to the release of any inmate, the Department must | 10 | | provide the inmate with the option of testing for infection | 11 | | with human immunodeficiency virus (HIV), as well as counseling | 12 | | in connection with such testing, with no copayment for the | 13 | | test. At the same time, the Department shall require each such | 14 | | inmate to sign a form stating that the inmate has been informed | 15 | | of his or her rights with respect to the testing required to be | 16 | | offered under this subsection (l) and providing the inmate with | 17 | | an opportunity to indicate either that he or she wants to be | 18 | | tested or that he or she does not want to be tested. The | 19 | | Department, in consultation with the Department of Public | 20 | | Health, shall prescribe the contents of the form. The
testing | 21 | | provided under this subsection (l) shall consist of an | 22 | | enzyme-linked
immunosorbent assay (ELISA) test or any other | 23 | | test approved by
the Department of Public Health. If the test | 24 | | result is positive,
a the Western Blot Assay or more reliable | 25 | | confirmatory test based upon recommendations of the United | 26 | | States Centers for Disease Control shall be
administered. |
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| 1 | | Prior to the release of an inmate who the Department knows | 2 | | has tested positive for infection with HIV, the Department in a | 3 | | timely manner shall offer the inmate transitional case | 4 | | management, including referrals to other support services.
| 5 | | Implementation of this subsection (l) is subject to | 6 | | appropriation.
| 7 | | (m) The chief administrative officer of each institution or | 8 | | facility of the Department shall make a room in the institution | 9 | | or facility available for addiction recovery services to be | 10 | | provided to committed persons on a voluntary basis. The | 11 | | services shall be provided for one hour once a week at a time | 12 | | specified by the chief administrative officer of the | 13 | | institution or facility if the following conditions are met: | 14 | | (1) the addiction recovery service contacts the chief | 15 | | administrative officer to arrange the meeting; | 16 | | (2) the committed person may attend the meeting for | 17 | | addiction recovery services only if the committed person | 18 | | uses pre-existing free time already available to the | 19 | | committed person; | 20 | | (3) all disciplinary and other rules of the institution | 21 | | or facility remain in effect; | 22 | | (4) the committed person is not given any additional | 23 | | privileges to attend addiction recovery services; | 24 | | (5) if the addiction recovery service does not arrange | 25 | | for scheduling a meeting for that week, no addiction | 26 | | recovery services shall be provided to the committed person |
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| 1 | | in the institution or facility for that week; | 2 | | (6) the number of committed persons who may attend an | 3 | | addiction recovery meeting shall not exceed 40 during any | 4 | | session held at the correctional institution or facility; | 5 | | (7) a volunteer seeking to provide addiction recovery | 6 | | services under this subsection (m) must submit an | 7 | | application to the Department of Corrections under | 8 | | existing Department rules and the Department must review | 9 | | the application within 60 days after submission of the | 10 | | application to the Department; and | 11 | | (8) each institution and facility of the Department | 12 | | shall manage the addiction recovery services program | 13 | | according to its own processes and procedures. | 14 | | For the purposes of this subsection (m), "addiction | 15 | | recovery services" means recovery services for alcoholics and | 16 | | addicts provided by volunteers of recovery support services | 17 | | recognized by the Department of Human Services. | 18 | | (Source: P.A. 96-284, eff. 1-1-10.)
| 19 | | (730 ILCS 5/3-8-2) (from Ch. 38, par. 1003-8-2)
| 20 | | Sec. 3-8-2. Social Evaluation; physical examination; | 21 | | HIV/AIDS. | 22 | | (a) A social evaluation shall be made of a
committed | 23 | | person's medical, psychological, educational and vocational | 24 | | condition
and history, including the use of alcohol and other | 25 | | drugs, the
circumstances of his offense, and such other |
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| 1 | | information as the Department
may determine. The committed | 2 | | person shall be assigned to an institution or
facility in so | 3 | | far as practicable in accordance with the social evaluation.
| 4 | | Recommendations shall be made for medical, dental, | 5 | | psychiatric,
psychological and social service treatment.
| 6 | | (b) A record of the social evaluation shall be entered in | 7 | | the committed
person's master record file and shall be | 8 | | forwarded to the institution or
facility to which the person is | 9 | | assigned.
| 10 | | (c) Upon admission to a correctional institution each | 11 | | committed person
shall be given a physical examination. If he | 12 | | is suspected of having a
communicable disease that in the | 13 | | judgment of the Department medical
personnel requires medical | 14 | | isolation, the committed person shall remain in
medical | 15 | | isolation until it is no longer deemed medically necessary. | 16 | | (d) Upon arrival at an inmate's final destination, the | 17 | | Department must provide the committed person with appropriate | 18 | | written information and counseling concerning HIV and AIDS. The | 19 | | Department shall develop the written materials in consultation | 20 | | with the Department of Public Health. At the same time, the | 21 | | Department also must offer the
committed person the option of | 22 | | being tested, with no copayment, for infection with human | 23 | | immunodeficiency virus (HIV). The Department shall require | 24 | | each committed person to sign a form stating that the committed | 25 | | person has been informed of his or her rights with respect to | 26 | | the testing required to be offered under this subsection (d) |
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| 1 | | and providing the committed person with an opportunity to | 2 | | indicate either that he or she wants to be tested or that he or | 3 | | she does not want to be tested. The Department, in consultation | 4 | | with the Department of Public Health, shall prescribe the | 5 | | contents of the form. The
testing provided under this | 6 | | subsection (d) shall consist of an enzyme-linked
immunosorbent | 7 | | assay (ELISA) test or any other test approved by
the Department | 8 | | of Public Health. If the test result is positive,
a the Western | 9 | | Blot Assay or more reliable confirmatory test based upon | 10 | | recommendations of the United States Centers for Disease | 11 | | Control shall be
administered. Implementation of this | 12 | | subsection (d) is subject to appropriation.
| 13 | | (Source: P.A. 94-629, eff. 1-1-06.)
| 14 | | (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| 15 | | Sec. 3-10-2. Examination of Persons Committed to the | 16 | | Department of Juvenile Justice.
| 17 | | (a) A person committed to the Department of Juvenile | 18 | | Justice shall be examined in
regard to his medical, | 19 | | psychological, social, educational and vocational
condition | 20 | | and history, including the use of alcohol and other drugs,
the | 21 | | circumstances of his offense and any other
information as the | 22 | | Department of Juvenile Justice may determine.
| 23 | | (a-5) Upon admission of a person committed to the | 24 | | Department of Juvenile Justice, the Department of Juvenile | 25 | | Justice must provide the person with appropriate written |
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| 1 | | information and counseling concerning HIV and AIDS. The | 2 | | Department of Juvenile Justice shall develop the written | 3 | | materials in consultation with the Department of Public Health. | 4 | | At the same time, the Department of Juvenile Justice also must | 5 | | offer the person the option of being tested, at no charge to | 6 | | the person, for infection with human immunodeficiency virus | 7 | | (HIV) or any other identified causative agent of acquired | 8 | | immunodeficiency syndrome (AIDS). The Department of Juvenile | 9 | | Justice shall require each person committed to the Department | 10 | | of Juvenile Justice to sign a form stating that the person has | 11 | | been informed of his or her rights with respect to the testing | 12 | | required to be offered under this subsection (a-5) and | 13 | | providing the person with an opportunity to indicate either | 14 | | that he or she wants to be tested or that he or she does not | 15 | | want to be tested. The Department of Juvenile Justice, in | 16 | | consultation with the Department of Public Health, shall | 17 | | prescribe the contents of the form. The testing provided under | 18 | | this subsection (a-5) shall consist of an enzyme-linked | 19 | | immunosorbent assay (ELISA) test or any other test approved by | 20 | | the Department of Public Health. If the test result is | 21 | | positive, a the Western Blot Assay or more reliable | 22 | | confirmatory test based upon recommendations of the United | 23 | | States Centers for Disease Control shall be administered. | 24 | | Also upon admission of a person committed to the Department | 25 | | of Juvenile Justice, the Department of Juvenile Justice must | 26 | | inform the person of the Department's obligation to provide the |
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| 1 | | person with medical care.
| 2 | | Implementation of this subsection (a-5) is subject to | 3 | | appropriation.
| 4 | | (b) Based on its examination, the Department of Juvenile | 5 | | Justice may exercise the following
powers in developing a | 6 | | treatment program of any person committed to the Department of | 7 | | Juvenile Justice:
| 8 | | (1) Require participation by him in vocational, | 9 | | physical, educational
and corrective training and | 10 | | activities to return him to the community.
| 11 | | (2) Place him in any institution or facility of the | 12 | | Department of Juvenile Justice.
| 13 | | (3) Order replacement or referral to the Parole and | 14 | | Pardon Board as
often as it deems desirable. The Department | 15 | | of Juvenile Justice shall refer the person to the
Parole | 16 | | and Pardon Board as required under Section 3-3-4.
| 17 | | (4) Enter into agreements with the Secretary of Human | 18 | | Services and
the Director of Children and Family
Services, | 19 | | with courts having probation officers, and with private | 20 | | agencies
or institutions for separate care or special | 21 | | treatment of persons subject
to the control of the | 22 | | Department of Juvenile Justice.
| 23 | | (c) The Department of Juvenile Justice shall make periodic | 24 | | reexamination of all persons
under the control of the | 25 | | Department of Juvenile Justice to determine whether existing
| 26 | | orders in individual cases should be modified or continued. |
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| 1 | | This
examination shall be made with respect to every person at | 2 | | least once
annually.
| 3 | | (d) A record of the treatment decision including any | 4 | | modification
thereof and the reason therefor, shall be part of | 5 | | the committed person's
master record file.
| 6 | | (e) The Department of Juvenile Justice shall by certified | 7 | | mail, return receipt requested,
notify the parent, guardian or | 8 | | nearest relative of any person committed to
the Department of | 9 | | Juvenile Justice of his physical location and any change | 10 | | thereof.
| 11 | | (Source: P.A. 94-629, eff. 1-1-06; 94-696, eff. 6-1-06 .)
| 12 | | Section 25. The County Jail Act is amended by changing | 13 | | Section 17.10 as follows: | 14 | | (730 ILCS 125/17.10) | 15 | | Sec. 17.10. Requirements in connection with HIV/AIDS. | 16 | | (a) In each county other than Cook, during the medical | 17 | | admissions exam, the warden of the jail, a correctional officer | 18 | | at the jail, or a member of the jail medical staff must provide | 19 | | the prisoner with appropriate written information concerning | 20 | | human immunodeficiency virus (HIV) and acquired | 21 | | immunodeficiency syndrome (AIDS). The Department of Public | 22 | | Health and community-based organizations certified to provide | 23 | | HIV/AIDS testing must provide these informational materials to | 24 | | the warden at no cost to the county. The warden, a correctional |
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| 1 | | officer, or a member of the jail medical staff must inform the | 2 | | prisoner of the option of being tested for infection with HIV | 3 | | by a certified local community-based agency or other available | 4 | | medical provider at no charge to the prisoner. | 5 | | (b) In Cook County, during the medical admissions exam, an | 6 | | employee of the Cook County Bureau of Health Services must | 7 | | provide the prisoner with appropriate written information | 8 | | concerning human immunodeficiency virus (HIV) and acquired | 9 | | immunodeficiency syndrome (AIDS) and must also provide the | 10 | | prisoner with option of testing for infection with HIV or any | 11 | | other identified causative agent of AIDS, as well as counseling | 12 | | in connection with such testing. The Department of Public | 13 | | Health and community-based organizations certified to provide | 14 | | HIV/AIDS testing must provide these informational materials to | 15 | | the Bureau at no cost to the county. The
testing provided under | 16 | | this subsection (b) shall be conducted by the Cook County | 17 | | Bureau of Health Services and shall consist of an enzyme-linked
| 18 | | immunosorbent assay (ELISA) test or any other test approved by
| 19 | | the Department of Public Health. If the test result is | 20 | | positive,
a the Western Blot Assay or more reliable | 21 | | confirmatory test based upon recommendations of the United | 22 | | States Centers for Disease Control shall be
administered. | 23 | | (c) In each county, the warden of the jail must make | 24 | | appropriate written information concerning HIV/AIDS available | 25 | | to every visitor to the jail. This information must include | 26 | | information concerning persons or entities to contact for local |
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| 1 | | counseling and testing. The Department of Public Health and | 2 | | community-based organizations certified to provide HIV/AIDS | 3 | | testing must provide these informational materials to the | 4 | | warden at no cost to the office of the county sheriff. | 5 | | (d) Implementation of this Section is subject to | 6 | | appropriation.
| 7 | | (Source: P.A. 94-629, eff. 1-1-06.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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