Full Text of HB4100 100th General Assembly
HB4100ham003 100TH GENERAL ASSEMBLY | Rep. Stephanie A. Kifowit Filed: 5/16/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4100
| 2 | | AMENDMENT NO. ______. Amend House Bill 4100, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Health Care Violence Prevention Act. | 7 | | Section 5. Definitions. As used in this Act: | 8 | | "Committed person" means a person who is in the custody of | 9 | | or under the control of a custodial agency, including, but not | 10 | | limited to, a person who is incarcerated, under arrest, | 11 | | detained, or otherwise under the physical control of a | 12 | | custodial agency. | 13 | | "Custodial agency" means the Illinois Department of | 14 | | Corrections, the Illinois State Police, the sheriff of a | 15 | | county, a county jail, a correctional institution, or any other | 16 | | State agency, municipality, or unit of local government that |
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| 1 | | employs personnel designated as police, peace officers, | 2 | | wardens, corrections officers, or guards or that employs | 3 | | personnel vested by law with the power to place or maintain a | 4 | | person in custody. | 5 | | "Health care provider" means a retail health care facility, | 6 | | a hospital or facility subject to the Hospital Licensing Act, | 7 | | the University of Illinois Hospital Act, the MC/DD Act, or the | 8 | | ID/DD Community Care Act, or a veterans home as defined in the | 9 | | Department of Veterans' Affairs Act. | 10 | | "Health care worker" means nursing assistants and other | 11 | | support personnel, any individual licensed under the laws of | 12 | | this State to provide health services, including but not | 13 | | limited to: dentists licensed under the Illinois Dental | 14 | | Practice Act; dental hygienists licensed under the Illinois | 15 | | Dental Practice Act; nurses and advanced practice registered | 16 | | nurses licensed under the Nurse Practice Act; occupational | 17 | | therapists licensed under the Illinois Occupational Therapy | 18 | | Practice Act; optometrists licensed under the Illinois | 19 | | Optometric Practice Act of 1987; pharmacists licensed under the | 20 | | Pharmacy Practice Act; physical therapists licensed under the | 21 | | Illinois Physical Therapy Act; physicians licensed under the | 22 | | Medical Practice Act of 1987; physician assistants licensed | 23 | | under the Physician Assistant Practice Act of 1987; podiatric | 24 | | physicians licensed under the Podiatric Medical Practice Act of | 25 | | 1987; clinical psychologists licensed under the Clinical | 26 | | Psychologist Licensing Act; clinical social workers licensed |
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| 1 | | under the Clinical Social Work and Social Work Practice Act; | 2 | | speech-language pathologists and audiologists licensed under | 3 | | the Illinois Speech-Language Pathology and Audiology Practice | 4 | | Act; or hearing instrument dispensers licensed under the | 5 | | Hearing Instrument Consumer Protection Act, or any of their | 6 | | successor Acts. | 7 | | "Nurse" means a person who is licensed to practice nursing | 8 | | under the Nurse Practice Act. | 9 | | "Retail health care facility" means an institution, place, | 10 | | or building, or any portion thereof, that: | 11 | | (1) is devoted to the maintenance and operation of a | 12 | | facility for the performance of health care services and is | 13 | | located within a retail store at a specific location; | 14 | | (2) does not provide surgical services or any form of | 15 | | general anesthesia; | 16 | | (3) does not provide beds or other accommodations for | 17 | | either the long-term or overnight stay of patients; and | 18 | | (4) discharges individual patients in an ambulatory | 19 | | condition without danger to the continued well-being of the | 20 | | patients and transfers non-ambulatory patients to | 21 | | hospitals. | 22 | | "Retail health care facility" does not include hospitals, | 23 | | long-term care facilities, ambulatory treatment centers, blood | 24 | | banks, clinical laboratories, offices of physicians, advanced | 25 | | practice registered nurses, podiatrists, and physician | 26 | | assistants, and pharmacies that provide limited health care |
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| 1 | | services. | 2 | | Section 10. Application. This Act applies to health care | 3 | | providers and custodial agencies as defined in Section 5. | 4 | | This Act does not apply to an owner of an institution, | 5 | | place, building, or any portion of the institution, place, or | 6 | | building, who directly or indirectly leases space that is used | 7 | | by the lessee to operate a retail health care facility. | 8 | | Section 15. Workplace safety. | 9 | | (a) A health care worker who contacts law enforcement or | 10 | | files a report with law enforcement against a patient or | 11 | | individual because of workplace violence shall provide notice | 12 | | to management of the health care provider by which he or she is | 13 | | employed within 3 days after contacting law enforcement or | 14 | | filing the report. | 15 | | (b) No management of a health care provider may discourage | 16 | | a health care worker from exercising his or her right to | 17 | | contact law enforcement or file a report with law enforcement | 18 | | because of workplace violence. | 19 | | (c) A health care provider that employs a health care | 20 | | worker shall display a notice stating that verbal aggression | 21 | | will not be tolerated and physical assault will be reported to | 22 | | law enforcement. | 23 | | (d) The health care provider shall offer immediate | 24 | | post-incident services for a health care worker directly |
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| 1 | | involved in a workplace violence incident caused by patients or | 2 | | their visitors, including acute treatment and access to | 3 | | psychological evaluation. | 4 | | Section 20. Workplace violence prevention program. | 5 | | (a) A health care provider shall create a workplace | 6 | | violence prevention program that complies with the | 7 | | Occupational Safety and Health Administration guidelines for | 8 | | preventing workplace violence for health care and social | 9 | | service workers as amended or updated by the Occupational | 10 | | Safety and Health Administration. | 11 | | (a-5) In addition, the workplace violence prevention | 12 | | program shall include: | 13 | | (1) the following classifications of workplace | 14 | | violence as one of 4 possible types:
| 15 | | (A) "Type 1 violence" means workplace violence | 16 | | committed by a person who has no legitimate business at | 17 | | the work site and includes violent acts by anyone who | 18 | | enters the workplace with the intent to commit a crime.
| 19 | | (B) "Type 2 violence" means workplace violence | 20 | | directed at employees by customers, clients, patients, | 21 | | students, inmates, visitors, or other individuals | 22 | | accompanying a patient.
| 23 | | (C) "Type 3 violence" means workplace violence | 24 | | against an employee by a present or former employee, | 25 | | supervisor, or manager.
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| 1 | | (D) "Type 4 violence" means workplace violence | 2 | | committed in the workplace by someone who does not work | 3 | | there, but has or is known to have had a personal | 4 | | relationship with an employee.
| 5 | | (2) management commitment and worker participation, | 6 | | including, but not limited to, nurses;
| 7 | | (3) worksite analysis and identification of potential | 8 | | hazards;
| 9 | | (4) hazard prevention and control;
| 10 | | (5) safety and health training with required hours | 11 | | determined by rule; and
| 12 | | (6) recordkeeping and evaluation of the violence | 13 | | prevention program. | 14 | | (b) The Department of Public Health may by rule adopt | 15 | | additional criteria for workplace violence prevention | 16 | | programs. | 17 | | Section 25. Whistleblower protection. The Whistleblower | 18 | | Act applies to health care providers and their employees with | 19 | | respect to actions taken to implement or enforce compliance | 20 | | with this Act.
| 21 | | Section 30. Medical care for committed persons.
| 22 | | (a) If a committed person receives medical care and | 23 | | treatment at a place other than an institution or facility of | 24 | | the Department of Corrections, a county, or a municipality, |
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| 1 | | then the institution or facility shall:
| 2 | | (1) to the greatest extent practicable, notify the | 3 | | hospital or medical facility that is treating the committed | 4 | | person prior to the committed person's visit and notify the | 5 | | hospital or medical facility of any significant medical, | 6 | | mental health, potentially violent actions, or other | 7 | | safety concerns regarding the patient;
| 8 | | (2) to the greatest extent practicable, ensure the | 9 | | transferred committed person is accompanied by all | 10 | | available medical records;
| 11 | | (3) provide at least one guard trained in custodial | 12 | | escort and custody of high-risk committed persons to | 13 | | accompany any committed person, and the committed person | 14 | | shall be restrained during the visit to the hospital or | 15 | | medical facility. The custodial agency shall attest to such | 16 | | training for custodial escort and custody of high-risk | 17 | | committed persons through the training of the Department of | 18 | | Corrections or Department of Juvenile Justice or the | 19 | | training described in Section 35. However, under no | 20 | | circumstances may a pregnant female be restrained as | 21 | | provided in this paragraph, unless otherwise required by | 22 | | law. Additionally, restraints shall not be used on a | 23 | | committed person if a medical professional determines that | 24 | | the restraints would impede medical treatment; and | 25 | | (4) ensure that only medical personnel, Department of | 26 | | Corrections, county, or municipality personnel, and |
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| 1 | | visitors on the committed person's approved institutional | 2 | | visitors list may visit the committed person. Visitation by | 3 | | a person on the committed person's approved institutional | 4 | | visitors list shall be subject to the rules and procedures | 5 | | of the hospital or medical facility and the Department of | 6 | | Corrections, county, or municipality. In any situation in | 7 | | which a committed person is being visited: | 8 | | (A) the name of the visitor must be listed per the | 9 | | facility's or institution's documentation; | 10 | | (B) the visitor shall submit to the search of his | 11 | | or her person or any personal property under his or her | 12 | | control at any time; and | 13 | | (C) the custodial agency may deny the committed | 14 | | person access to a telephone or limit the number of | 15 | | visitors the committed person may receive for purposes | 16 | | of safety. | 17 | | The committed person shall remain restrained in accordance | 18 | | with the rules and procedures of the Department of Corrections, | 19 | | county, or municipality, unless the Department of Corrections, | 20 | | county, or municipality determines that restraints are | 21 | | unnecessary: (i) because there is no risk of the committed | 22 | | person causing physical harm to the committed person or another | 23 | | person; (ii) because the committed person has no history of | 24 | | disruptive behavior that has placed others in potentially | 25 | | harmful situations or presents a substantial risk of inflicting | 26 | | physical harm on himself or herself or others as evidenced by |
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| 1 | | recent behavior; and (iii) there is no well-founded belief that | 2 | | the committed person presents a substantial risk of flight. In | 3 | | order to provide the second guard in this Section, it is | 4 | | permissible for the custodial agency to enter into a mutual aid | 5 | | agreement with the hospital and any other entity of law | 6 | | enforcement. Under no circumstances may a pregnant female be | 7 | | restrained as provided this paragraph, unless otherwise | 8 | | required by law. | 9 | | The hospital or medical facility may establish protocols | 10 | | for the receipt of committed persons in collaboration with the | 11 | | Department of Corrections, county, or municipality, | 12 | | specifically with regard to potentially violent persons.
| 13 | | (b) If a committed person receives medical care and | 14 | | treatment at a place other than an institution or facility of | 15 | | the Department of Juvenile Justice, then the institution or | 16 | | facility shall:
| 17 | | (1) to the greatest extent practicable, notify the | 18 | | hospital or medical facility that is treating the committed | 19 | | person prior to the committed person's visit, and notify | 20 | | the hospital or medical facility of any significant | 21 | | medical, mental health, potentially violent actions, or | 22 | | other safety concerns regarding the patient;
| 23 | | (2) to the greatest extent practicable, ensure the | 24 | | transferred committed person is accompanied by all | 25 | | available medical records;
| 26 | | (3) provide: (i) at least one guard trained in |
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| 1 | | custodial escort and custody of high-risk committed | 2 | | persons to accompany any committed person, and the | 3 | | committed person shall be restrained during the visit to | 4 | | the hospital or medical facility. The custodial agency | 5 | | shall attest to such training for custodial escort and | 6 | | custody of high-risk committed persons through the | 7 | | training of the Department of Corrections or the Department | 8 | | of Juvenile Justice or the training described in Section | 9 | | 35; or (ii) 2 guards to accompany the committed person at | 10 | | all times during the visit to the hospital or medical | 11 | | facility; and
| 12 | | (4) ensure that only medical personnel, Department of | 13 | | Juvenile Justice personnel, and visitors on the committed | 14 | | person's approved institutional visitors list may visit | 15 | | the committed person. Visitation by a person on the | 16 | | committed person's approved institutional visitors list | 17 | | shall be subject to the rules and procedures of the | 18 | | hospital or medical facility and the Department of Juvenile | 19 | | Justice. In any situation in which a committed person is | 20 | | being visited:
| 21 | | (A) the name of the visitor must be listed per the | 22 | | facility's or institution's documentation;
| 23 | | (B) the visitor shall submit to the search of his | 24 | | or her person or any personal property under his or her | 25 | | control at any time;
and | 26 | | (C) the custodial agency may deny the committed |
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| 1 | | person access to a telephone or limit the number of | 2 | | visitors the committed person may receive for purposes | 3 | | of safety. | 4 | | If a committed person receives medical care and treatment | 5 | | at a place other than an institution or facility of the | 6 | | Department of Juvenile Justice, then the institution or | 7 | | facility shall ensure that the committed person is wearing | 8 | | security restraints on either his or her wrists or ankles in | 9 | | accordance with the Department of Juvenile Justice's rules and | 10 | | procedures unless the Department of Juvenile Justice | 11 | | determines that restraints are unnecessary: (i) because there | 12 | | is no risk of the committed person causing physical harm to the | 13 | | committed person or another person; (ii) because the committed | 14 | | person has no history of disruptive behavior that has placed | 15 | | others in potentially harmful situations or presents a | 16 | | substantial risk of inflicting physical harm on himself or | 17 | | herself or others as evidenced by recent behavior; and (iii) | 18 | | there is no well-founded belief that the committed person | 19 | | presents a substantial risk of flight. Any restraints used on a | 20 | | committed person under this paragraph shall be the least | 21 | | restrictive restraints necessary to prevent flight or physical | 22 | | harm to the committed person or another person. Restraints | 23 | | shall not be used on the committed person as provided in this | 24 | | paragraph if a medical professional determines that the | 25 | | restraints would impede medical treatment. Under no | 26 | | circumstances may a pregnant female be restrained as provided |
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| 1 | | in this paragraph, unless otherwise required by law. | 2 | | The hospital or medical facility may establish protocols | 3 | | for the receipt of committed persons in collaboration with the | 4 | | Department of Juvenile Justice, specifically with regard to | 5 | | potentially violent persons. | 6 | | Section 35. Custodial agency training. The Illinois Law | 7 | | Enforcement Training Standards Board shall establish a | 8 | | curriculum for custodial escort and custody of high-risk | 9 | | committed persons certification, which shall include, but not | 10 | | be limited to, the following:
| 11 | | (1) handcuffing or shackling of a high-risk committed | 12 | | person;
| 13 | | (2) mobile transportation of a committed person with | 14 | | defense from the committed person's attack;
| 15 | | (3) outside facility threat assessment; | 16 | | (4) hands-on weapons retention training; and | 17 | | (5) custodial considerations for a high-risk committed | 18 | | person in outside facilities. | 19 | | Section 90. The State Police Act is amended by adding | 20 | | Section 45 as follows: | 21 | | (20 ILCS 2610/45 new) | 22 | | Sec. 45. Compliance with the Health Care Violence | 23 | | Prevention Act. The Department shall comply with the Health |
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| 1 | | Care Violence Prevention Act. | 2 | | Section 95. The Department of Veterans' Affairs Act is | 3 | | amended by changing Section 2.07 as follows:
| 4 | | (20 ILCS 2805/2.07) (from Ch. 126 1/2, par. 67.07)
| 5 | | Sec. 2.07. The Department shall employ and maintain | 6 | | sufficient and
qualified staff at the veterans' homes (i) to | 7 | | fill all beds, subject to appropriation, and (ii) to
fulfill | 8 | | the requirements of this Act. The Department shall report to
| 9 | | the General Assembly, by January 1 and July 1 of each year, the | 10 | | number of
staff employed in providing direct patient care at | 11 | | their veterans' homes,
the compliance or noncompliance with | 12 | | staffing standards established by the
United States Department | 13 | | of Veterans Affairs for
such care, and in the event of
| 14 | | noncompliance with such standards, the number of staff required | 15 | | for compliance. For purposes of this Section, a nurse who has a | 16 | | license application pending with the State shall not be deemed | 17 | | unqualified by the Department if the nurse is in compliance | 18 | | with Section 50-15 of the Nurse Practice Act.
| 19 | | A veterans home is subject to the Health Care Violence | 20 | | Prevention Act. | 21 | | (Source: P.A. 96-699, eff. 8-25-09; 97-297, eff. 1-1-12.)
| 22 | | Section 100. The University of Illinois Hospital Act is | 23 | | amended by adding Section 10 as follows: |
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| 1 | | (110 ILCS 330/10 new) | 2 | | Sec. 10. Compliance with the Health Care Violence | 3 | | Prevention Act. The University of Illinois Hospital shall | 4 | | comply with the Health Care Violence Prevention Act. | 5 | | Section 105. The MC/DD Act is amended by adding Section | 6 | | 2-219 as follows: | 7 | | (210 ILCS 46/2-219 new) | 8 | | Sec. 2-219. Compliance with the Health Care Violence | 9 | | Prevention Act. A facility licensed under this Act shall comply | 10 | | with the Health Care Violence Prevention Act. | 11 | | Section 110. The ID/DD Community Care Act is amended by | 12 | | adding Section 2-219 as follows: | 13 | | (210 ILCS 47/2-219 new) | 14 | | Sec. 2-219. Compliance with the Health Care Violence | 15 | | Prevention Act. A facility licensed under this Act shall comply | 16 | | with the Health Care Violence Prevention Act. | 17 | | Section 115. The Hospital Licensing Act is amended by | 18 | | adding Section 9.8 as follows: | 19 | | (210 ILCS 85/9.8 new) |
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| 1 | | Sec. 9.8. Compliance with the Health Care Violence | 2 | | Prevention Act. A hospital licensed under this Act shall comply | 3 | | with the Health Care Violence Prevention Act. | 4 | | Section 120. 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.
| 8 | | (a) Each institution and facility of the Department shall | 9 | | be
administered by a chief administrative officer appointed by
| 10 | | the Director. A chief administrative officer shall be
| 11 | | responsible for all persons assigned to the institution or
| 12 | | facility. The chief administrative officer shall administer
| 13 | | the programs of the Department for the custody and treatment
of | 14 | | such persons.
| 15 | | (b) The chief administrative officer shall have such | 16 | | assistants
as the Department may assign.
| 17 | | (c) The Director or Assistant Director shall have the
| 18 | | emergency powers to temporarily transfer individuals without
| 19 | | formal procedures to any State, county, municipal or regional
| 20 | | correctional or detention institution or facility in the State,
| 21 | | subject to the acceptance of such receiving institution or
| 22 | | facility, or to designate any reasonably secure place in the
| 23 | | State as such an institution or facility and to make transfers
| 24 | | thereto. However, transfers made under emergency powers shall
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| 1 | | be reviewed as soon as practicable under Article 8, and shall
| 2 | | be subject to Section 5-905 of the Juvenile Court Act of
1987. | 3 | | This Section shall not apply to transfers to the Department of
| 4 | | Human Services which are provided for under
Section 3-8-5 or | 5 | | Section 3-10-5.
| 6 | | (d) The Department shall provide educational programs for | 7 | | all
committed persons so that all persons have an opportunity | 8 | | to
attain the achievement level equivalent to the completion of
| 9 | | the twelfth grade in the public school system in this State.
| 10 | | Other higher levels of attainment shall be encouraged and
| 11 | | professional instruction shall be maintained wherever | 12 | | possible.
The Department may establish programs of mandatory | 13 | | education and may
establish rules and regulations for the | 14 | | administration of such programs.
A person committed to the | 15 | | Department who, during the period of his or her
incarceration, | 16 | | participates in an educational program provided by or through
| 17 | | the Department and through that program is awarded or earns the | 18 | | number of
hours of credit required for the award of an | 19 | | associate, baccalaureate, or
higher degree from a community | 20 | | college, college, or university located in
Illinois shall | 21 | | reimburse the State, through the Department, for the costs
| 22 | | incurred by the State in providing that person during his or | 23 | | her incarceration
with the education that qualifies him or her | 24 | | for the award of that degree. The
costs for which reimbursement | 25 | | is required under this subsection shall be
determined and | 26 | | computed by the Department under rules and regulations that
it |
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| 1 | | shall establish for that purpose. However, interest at the rate | 2 | | of 6%
per annum shall be charged on the balance of those costs | 3 | | from time to time
remaining unpaid, from the date of the | 4 | | person's parole, mandatory supervised
release, or release | 5 | | constituting a final termination of his or her commitment
to | 6 | | the Department until paid.
| 7 | | (d-5) A person committed to the Department is entitled to | 8 | | confidential testing for infection with human immunodeficiency | 9 | | virus (HIV) and to counseling in connection with such testing, | 10 | | with no copay to the committed person. A person committed to | 11 | | the Department who has tested positive for infection with HIV | 12 | | is entitled to medical care while incarcerated, counseling, and | 13 | | referrals to support services, in connection with that positive | 14 | | test result. Implementation of this subsection (d-5) is subject | 15 | | to appropriation.
| 16 | | (e) A person committed to the Department who becomes in | 17 | | need
of medical or surgical treatment but is incapable of | 18 | | giving
consent thereto shall receive such medical or surgical | 19 | | treatment
by the chief administrative officer consenting on the | 20 | | person's behalf.
Before the chief administrative officer | 21 | | consents, he or she shall
obtain the advice of one or more | 22 | | physicians licensed to practice medicine
in all its branches in | 23 | | this State. If such physician or physicians advise:
| 24 | | (1) that immediate medical or surgical treatment is | 25 | | required
relative to a condition threatening to cause | 26 | | death, damage or
impairment to bodily functions, or |
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| 1 | | disfigurement; and
| 2 | | (2) that the person is not capable of giving consent to | 3 | | such treatment;
the chief administrative officer may give | 4 | | consent for such
medical or surgical treatment, and such | 5 | | consent shall be
deemed to be the consent of the person for | 6 | | all purposes,
including, but not limited to, the authority | 7 | | of a physician
to give such treatment. | 8 | | (e-5) If a physician providing medical care to a committed | 9 | | person on behalf of the Department advises the chief | 10 | | administrative officer that the committed person's mental or | 11 | | physical health has deteriorated as a result of the cessation | 12 | | of ingestion of food or liquid to the point where medical or | 13 | | surgical treatment is required to prevent death, damage, or | 14 | | impairment to bodily functions, the chief administrative | 15 | | officer may authorize such medical or surgical treatment.
| 16 | | (f) In the event that the person requires medical care and
| 17 | | treatment at a place other than the institution or facility,
| 18 | | the person may be removed therefrom under conditions prescribed
| 19 | | by the Department.
The Department shall require the committed | 20 | | person receiving medical or dental
services on a non-emergency | 21 | | basis to pay a $5 co-payment to the Department for
each visit | 22 | | for medical or dental services. The amount of each co-payment | 23 | | shall be deducted from the
committed person's individual | 24 | | account.
A committed person who has a chronic illness, as | 25 | | defined by Department rules
and regulations, shall be exempt | 26 | | from the $5 co-payment for treatment of the
chronic illness. A |
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| 1 | | committed person shall not be subject to a $5 co-payment
for | 2 | | follow-up visits ordered by a physician, who is employed by, or | 3 | | contracts
with, the Department. A committed person who is | 4 | | indigent is exempt from the
$5 co-payment
and is entitled to | 5 | | receive medical or dental services on the same basis as a
| 6 | | committed person who is financially able to afford the | 7 | | co-payment.
For purposes of this Section only, "indigent" means | 8 | | a committed person who has $20 or less in his or her Inmate | 9 | | Trust Fund at the time of such services and for the 30 days | 10 | | prior to such services. Notwithstanding any other provision in | 11 | | this subsection (f) to the contrary,
any person committed to | 12 | | any facility operated by the Department of Juvenile Justice, as | 13 | | set
forth in Section 3-2.5-15 of this Code, is exempt from the
| 14 | | co-payment requirement for the duration of confinement in those | 15 | | facilities.
| 16 | | (f-5) The Department shall comply with the Health Care | 17 | | Violence Prevention Act. | 18 | | (g) Any person having sole custody of a child at
the time | 19 | | of commitment or any woman giving birth to a child after
her | 20 | | commitment, may arrange through the Department of Children
and | 21 | | Family Services for suitable placement of the child outside
of | 22 | | the Department of Corrections. The Director of the Department
| 23 | | of Corrections may determine that there are special reasons why
| 24 | | the child should continue in the custody of the mother until | 25 | | the
child is 6 years old.
| 26 | | (h) The Department may provide Family Responsibility |
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| 1 | | Services which
may consist of, but not be limited to the | 2 | | following:
| 3 | | (1) family advocacy counseling;
| 4 | | (2) parent self-help group;
| 5 | | (3) parenting skills training;
| 6 | | (4) parent and child overnight program;
| 7 | | (5) parent and child reunification counseling, either | 8 | | separately or
together, preceding the inmate's release; | 9 | | and
| 10 | | (6) a prerelease reunification staffing involving the | 11 | | family advocate,
the inmate and the child's counselor, or | 12 | | both and the inmate.
| 13 | | (i) (Blank).
| 14 | | (j) Any person convicted of a sex offense as defined in the | 15 | | Sex Offender
Management Board Act shall be required to receive | 16 | | a sex offender evaluation
prior to release into the community | 17 | | from the Department of Corrections. The
sex offender evaluation | 18 | | shall be conducted in conformance with the standards
and | 19 | | guidelines developed under
the Sex Offender Management Board | 20 | | Act and by an evaluator approved by the
Board.
| 21 | | (k) Any minor committed to the Department of Juvenile | 22 | | Justice
for a sex offense as defined by the Sex Offender | 23 | | Management Board Act shall be
required to undergo sex offender | 24 | | treatment by a treatment provider approved by
the Board and | 25 | | conducted in conformance with the Sex Offender Management Board
| 26 | | Act.
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| 1 | | (l) Prior to the release of any inmate committed to a | 2 | | facility of the Department or the Department of Juvenile | 3 | | Justice, the Department must provide the inmate with | 4 | | appropriate information verbally, in writing, by video, or | 5 | | other electronic means, concerning HIV and AIDS. The Department | 6 | | shall develop the informational materials in consultation with | 7 | | the Department of Public Health. At the same time, the | 8 | | Department must also offer the committed person the option of | 9 | | testing for infection with human immunodeficiency virus (HIV), | 10 | | with no copayment for the test. Pre-test information shall be | 11 | | provided to the committed person and informed consent obtained | 12 | | as required in subsection (d) of Section 3 and Section 5 of the | 13 | | AIDS Confidentiality Act. The Department may conduct opt-out | 14 | | HIV testing as defined in Section 4 of the AIDS Confidentiality | 15 | | Act. If the Department conducts opt-out HIV testing, the | 16 | | Department shall place signs in English, Spanish and other | 17 | | languages as needed in multiple, highly visible locations in | 18 | | the area where HIV testing is conducted informing inmates that | 19 | | they will be tested for HIV unless they refuse, and refusal or | 20 | | acceptance of testing shall be documented in the inmate's | 21 | | medical record. The Department shall follow procedures | 22 | | established by the Department of Public Health to conduct HIV | 23 | | testing and testing to confirm positive HIV test results. All | 24 | | testing must be conducted by medical personnel, but pre-test | 25 | | and other information may be provided by committed persons who | 26 | | have received appropriate training. The Department, in |
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| 1 | | conjunction with the Department of Public Health, shall develop | 2 | | a plan that complies with the AIDS Confidentiality Act to | 3 | | deliver confidentially all positive or negative HIV test | 4 | | results to inmates or former inmates. Nothing in this Section | 5 | | shall require the Department to offer HIV testing to an inmate | 6 | | who is known to be infected with HIV, or who has been tested | 7 | | for HIV within the previous 180 days and whose documented HIV | 8 | | test result is available to the Department electronically. The
| 9 | | testing provided under this subsection (l) shall consist of a | 10 | | test approved by the Illinois Department of Public Health to | 11 | | determine the presence of HIV infection, based upon | 12 | | recommendations of the United States Centers for Disease | 13 | | Control and Prevention. If the test result is positive, a | 14 | | reliable supplemental test based upon recommendations of the | 15 | | United States Centers for Disease Control and Prevention shall | 16 | | be
administered.
| 17 | | Prior to the release of an inmate who the Department knows | 18 | | has tested positive for infection with HIV, the Department in a | 19 | | timely manner shall offer the inmate transitional case | 20 | | management, including referrals to other support services.
| 21 | | (m) The chief administrative officer of each institution or | 22 | | facility of the Department shall make a room in the institution | 23 | | or facility available for addiction recovery services to be | 24 | | provided to committed persons on a voluntary basis. The | 25 | | services shall be provided for one hour once a week at a time | 26 | | specified by the chief administrative officer of the |
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| 1 | | institution or facility if the following conditions are met: | 2 | | (1) the addiction recovery service contacts the chief | 3 | | administrative officer to arrange the meeting; | 4 | | (2) the committed person may attend the meeting for | 5 | | addiction recovery services only if the committed person | 6 | | uses pre-existing free time already available to the | 7 | | committed person; | 8 | | (3) all disciplinary and other rules of the institution | 9 | | or facility remain in effect; | 10 | | (4) the committed person is not given any additional | 11 | | privileges to attend addiction recovery services; | 12 | | (5) if the addiction recovery service does not arrange | 13 | | for scheduling a meeting for that week, no addiction | 14 | | recovery services shall be provided to the committed person | 15 | | in the institution or facility for that week; | 16 | | (6) the number of committed persons who may attend an | 17 | | addiction recovery meeting shall not exceed 40 during any | 18 | | session held at the correctional institution or facility; | 19 | | (7) a volunteer seeking to provide addiction recovery | 20 | | services under this subsection (m) must submit an | 21 | | application to the Department of Corrections under | 22 | | existing Department rules and the Department must review | 23 | | the application within 60 days after submission of the | 24 | | application to the Department; and | 25 | | (8) each institution and facility of the Department | 26 | | shall manage the addiction recovery services program |
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| 1 | | according to its own processes and procedures. | 2 | | For the purposes of this subsection (m), "addiction | 3 | | recovery services" means recovery services for alcoholics and | 4 | | addicts provided by volunteers of recovery support services | 5 | | recognized by the Department of Human Services. | 6 | | (Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323, | 7 | | eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12; | 8 | | 97-813, eff. 7-13-12.)
| 9 | | Section 125. The County Jail Act is amended by changing | 10 | | Section 17.5 and by adding Section 17.15 as follows:
| 11 | | (730 ILCS 125/17.5)
| 12 | | Sec. 17.5. Pregnant female prisoners. Notwithstanding any | 13 | | other
statute,
directive, or administrative
regulation, when a | 14 | | pregnant female prisoner is brought to a hospital
from a county | 15 | | jail
for the purpose of delivering her baby, no handcuffs,
| 16 | | shackles, or restraints of any kind may be used during her | 17 | | transport to a
medical facility for the purpose of delivering | 18 | | her baby. Under no
circumstances may leg irons or shackles or | 19 | | waist shackles be used on any
pregnant female prisoner who is | 20 | | in labor. Upon the pregnant female
prisoner's entry to the | 21 | | hospital
delivery room, 2 a county correctional officers | 22 | | officer must be posted immediately outside
the
delivery room. | 23 | | The Sheriff must provide for adequate personnel to monitor
the | 24 | | pregnant female prisoner during her transport to and from the
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| 1 | | hospital and during her
stay at the hospital.
| 2 | | (Source: P.A. 91-253, eff. 1-1-00.)
| 3 | | (730 ILCS 125/17.15 new) | 4 | | Sec. 17.15. Compliance with the Health Care Violence | 5 | | Prevention Act. The sheriff or warden of the jail shall comply | 6 | | with the Health Care Violence Prevention Act. ".
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