Full Text of HB5104 100th General Assembly
HB5104 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5104 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-6-2 | from Ch. 38, par. 1003-6-2 | 730 ILCS 5/3-7-2a | from Ch. 38, par. 1003-7-2a | 730 ILCS 5/3-12-1 | from Ch. 38, par. 1003-12-1 | 730 ILCS 5/3-12-2 | from Ch. 38, par. 1003-12-2 | 730 ILCS 5/3-12-5 | from Ch. 38, par. 1003-12-5 |
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Amends the Unified Code of Corrections. Deletes provision that the Department of Corrections shall require the committed person receiving medical or dental
services on a non-emergency basis to pay a $5 co-payment to the Department for
each visit for medical or dental services. Provides that if a Department facility maintains a commissary or commissaries serving inmates, the
selling prices for all goods shall be sufficient to cover the costs of the
goods and an additional charge of up to 10% (rather than 35% for tobacco products and up to
25% for non-tobacco products). Deletes provisions that the Department shall notify the Attorney General of the
existence of any proceeds which it believes should be applied towards a
satisfaction, in whole or in part, of the person's incarceration costs. Deletes provision that of the compensation earned for work assignments, a portion, as
determined by the Department, shall be used to offset the cost of the committed
person's incarceration.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-6-2, 3-7-2a, 3-12-1, 3-12-2, and 3-12-5 as | 6 | | follows: | 7 | | (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | 8 | | Sec. 3-6-2. Institutions and Facility Administration.
| 9 | | (a) Each institution and facility of the Department shall | 10 | | be
administered by a chief administrative officer appointed by
| 11 | | the Director. A chief administrative officer shall be
| 12 | | responsible for all persons assigned to the institution or
| 13 | | facility. The chief administrative officer shall administer
| 14 | | the programs of the Department for the custody and treatment
of | 15 | | such persons.
| 16 | | (b) The chief administrative officer shall have such | 17 | | assistants
as the Department may assign.
| 18 | | (c) The Director or Assistant Director shall have the
| 19 | | emergency powers to temporarily transfer individuals without
| 20 | | formal procedures to any State, county, municipal or regional
| 21 | | correctional or detention institution or facility in the State,
| 22 | | subject to the acceptance of such receiving institution or
| 23 | | facility, or to designate any reasonably secure place in the
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| 1 | | State as such an institution or facility and to make transfers
| 2 | | thereto. However, transfers made under emergency powers shall
| 3 | | be reviewed as soon as practicable under Article 8, and shall
| 4 | | be subject to Section 5-905 of the Juvenile Court Act of
1987. | 5 | | This Section shall not apply to transfers to the Department of
| 6 | | Human Services which are provided for under
Section 3-8-5 or | 7 | | Section 3-10-5.
| 8 | | (d) The Department shall provide educational programs for | 9 | | all
committed persons so that all persons have an opportunity | 10 | | to
attain the achievement level equivalent to the completion of
| 11 | | the twelfth grade in the public school system in this State.
| 12 | | Other higher levels of attainment shall be encouraged and
| 13 | | professional instruction shall be maintained wherever | 14 | | possible.
The Department may establish programs of mandatory | 15 | | education and may
establish rules and regulations for the | 16 | | administration of such programs.
A person committed to the | 17 | | Department who, during the period of his or her
incarceration, | 18 | | participates in an educational program provided by or through
| 19 | | the Department and through that program is awarded or earns the | 20 | | number of
hours of credit required for the award of an | 21 | | associate, baccalaureate, or
higher degree from a community | 22 | | college, college, or university located in
Illinois shall | 23 | | reimburse the State, through the Department, for the costs
| 24 | | incurred by the State in providing that person during his or | 25 | | her incarceration
with the education that qualifies him or her | 26 | | for the award of that degree. The
costs for which reimbursement |
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| 1 | | is required under this subsection shall be
determined and | 2 | | computed by the Department under rules and regulations that
it | 3 | | shall establish for that purpose. However, interest at the rate | 4 | | of 6%
per annum shall be charged on the balance of those costs | 5 | | from time to time
remaining unpaid, from the date of the | 6 | | person's parole, mandatory supervised
release, or release | 7 | | constituting a final termination of his or her commitment
to | 8 | | the Department until paid.
| 9 | | (d-5) A person committed to the Department is entitled to | 10 | | confidential testing for infection with human immunodeficiency | 11 | | virus (HIV) and to counseling in connection with such testing, | 12 | | with no copay to the committed person. A person committed to | 13 | | the Department who has tested positive for infection with HIV | 14 | | is entitled to medical care while incarcerated, counseling, and | 15 | | referrals to support services, in connection with that positive | 16 | | test result. Implementation of this subsection (d-5) is subject | 17 | | to appropriation.
| 18 | | (e) A person committed to the Department who becomes in | 19 | | need
of medical or surgical treatment but is incapable of | 20 | | giving
consent thereto shall receive such medical or surgical | 21 | | treatment
by the chief administrative officer consenting on the | 22 | | person's behalf.
Before the chief administrative officer | 23 | | consents, he or she shall
obtain the advice of one or more | 24 | | physicians licensed to practice medicine
in all its branches in | 25 | | this State. If such physician or physicians advise:
| 26 | | (1) that immediate medical or surgical treatment is |
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| 1 | | required
relative to a condition threatening to cause | 2 | | death, damage or
impairment to bodily functions, or | 3 | | disfigurement; and
| 4 | | (2) that the person is not capable of giving consent to | 5 | | such treatment;
the chief administrative officer may give | 6 | | consent for such
medical or surgical treatment, and such | 7 | | consent shall be
deemed to be the consent of the person for | 8 | | all purposes,
including, but not limited to, the authority | 9 | | of a physician
to give such treatment. | 10 | | (e-5) If a physician providing medical care to a committed | 11 | | person on behalf of the Department advises the chief | 12 | | administrative officer that the committed person's mental or | 13 | | physical health has deteriorated as a result of the cessation | 14 | | of ingestion of food or liquid to the point where medical or | 15 | | surgical treatment is required to prevent death, damage, or | 16 | | impairment to bodily functions, the chief administrative | 17 | | officer may authorize such medical or surgical treatment.
| 18 | | (f) In the event that the person requires medical care and
| 19 | | treatment at a place other than the institution or facility,
| 20 | | the person may be removed therefrom under conditions prescribed
| 21 | | by the Department.
The Department shall require the committed | 22 | | person receiving medical or dental
services on a non-emergency | 23 | | basis to pay a $5 co-payment to the Department for
each visit | 24 | | for medical or dental services. The amount of each co-payment | 25 | | shall be deducted from the
committed person's individual | 26 | | account.
A committed person who has a chronic illness, as |
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| 1 | | defined by Department rules
and regulations, shall be exempt | 2 | | from the $5 co-payment for treatment of the
chronic illness. A | 3 | | committed person shall not be subject to a $5 co-payment
for | 4 | | follow-up visits ordered by a physician, who is employed by, or | 5 | | contracts
with, the Department. A committed person who is | 6 | | indigent is exempt from the
$5 co-payment
and is entitled to | 7 | | receive medical or dental services on the same basis as a
| 8 | | committed person who is financially able to afford the | 9 | | co-payment.
For purposes of this Section only, "indigent" means | 10 | | a committed person who has $20 or less in his or her Inmate | 11 | | Trust Fund at the time of such services and for the 30 days | 12 | | prior to such services. Notwithstanding any other provision in | 13 | | this subsection (f) to the contrary,
any person committed to | 14 | | any facility operated by the Department of Juvenile Justice, as | 15 | | set
forth in Section 3-2.5-15 of this Code, is exempt from the
| 16 | | co-payment requirement for the duration of confinement in those | 17 | | facilities.
| 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 | | (730 ILCS 5/3-7-2a) (from Ch. 38, par. 1003-7-2a)
| 10 | | Sec. 3-7-2a. If a facility maintains a commissary or | 11 | | commissaries serving inmates, the
selling prices for all goods | 12 | | shall be sufficient to cover the costs of the
goods and an | 13 | | additional charge of up to 10% 35% for tobacco products and up | 14 | | to
25% for non-tobacco products . The amount of the additional | 15 | | charges for goods
sold at commissaries serving inmates shall be | 16 | | based upon the amount necessary to pay for the
wages and | 17 | | benefits of commissary employees who are employed in any
| 18 | | commissary
facilities of
the Department. The Department shall | 19 | | determine the additional charges upon any
changes in wages and | 20 | | benefits of commissary employees as negotiated in the
| 21 | | collective bargaining agreement. If a facility maintains a | 22 | | commissary or commissaries serving employees, the selling | 23 | | price for all goods shall be sufficient to cover the costs of | 24 | | the goods and an additional charge of up to 10%. A compliance
| 25 | | audit
of all commissaries and the distribution of commissary |
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| 1 | | funds shall
be included in the regular compliance audit of the | 2 | | Department conducted
by the Auditor General in accordance with | 3 | | the Illinois State Auditing Act.
| 4 | | Items purchased for sale at any such commissary shall be | 5 | | purchased, wherever
possible, at wholesale costs. If a facility | 6 | | maintains a commissary or
commissaries as of the effective
date | 7 | | of this amendatory Act of the 93rd General Assembly, the | 8 | | Department may
not contract with a private contractor or vendor | 9 | | to operate, manage, or
perform any portion of the commissary | 10 | | services. The Department may not enter
into any such contract | 11 | | for commissary services at a facility that opens
subsequent to | 12 | | the effective date of this amendatory Act of the 93rd General
| 13 | | Assembly.
| 14 | | (Source: P.A. 93-607, eff. 1-1-04; 94-913, eff. 6-23-06.)
| 15 | | (730 ILCS 5/3-12-1) (from Ch. 38, par. 1003-12-1)
| 16 | | Sec. 3-12-1. Useful Employment. The Department shall, in so | 17 | | far as
possible, employ at useful work
committed persons | 18 | | confined in institutions and facilities of the
Department, who | 19 | | are over the age of compulsory school attendance,
physically | 20 | | capable of such employment, and not otherwise occupied in
| 21 | | programs of the Department. Such employment shall
equip such | 22 | | persons with
marketable skills and , promote habits of work and | 23 | | responsibility and contribute
to the expense of the employment | 24 | | program and the committed person's cost
of incarceration .
| 25 | | (Source: P.A. 86-450.)
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| 1 | | (730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)
| 2 | | Sec. 3-12-2. Types of employment.
| 3 | | (a) The Department shall provide inmate workers for | 4 | | Illinois Correctional Industries to work in programs | 5 | | established to train and employ committed
persons in the | 6 | | production of food stuffs and finished goods and any articles, | 7 | | materials or supplies for
resale to State agencies and | 8 | | authorized purchasers. It may also employ committed persons on | 9 | | public
works, buildings and property, the conservation of | 10 | | natural resources of the
State, anti-pollution or | 11 | | environmental control projects, or for other public
purposes, | 12 | | for the maintenance of the Department's buildings and | 13 | | properties and
for the production of food or other necessities | 14 | | for its programs. The
Department may establish, maintain and | 15 | | employ committed persons in the
production of vehicle | 16 | | registration plates. A committed person's labor shall
not be | 17 | | sold, contracted or hired out by the Department except under | 18 | | this
Article.
| 19 | | (b) Works of art, literature, handicraft or other items | 20 | | produced by
committed persons as an avocation and not as a | 21 | | product of a work program of the
Department may be sold to the | 22 | | public under rules and regulations established by
the | 23 | | Department. The cost of selling such products may be deducted | 24 | | from the
proceeds, and the balance shall be credited to the | 25 | | person's account under
Section 3-4-3. The Department shall |
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| 1 | | notify the Attorney General of the
existence of any proceeds | 2 | | which it believes should be applied towards a
satisfaction, in | 3 | | whole or in part, of the person's incarceration costs.
| 4 | | (Source: P.A. 96-877, eff. 7-1-10; 96-943, eff. 7-1-10.)
| 5 | | (730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)
| 6 | | Sec. 3-12-5. Compensation. Persons performing a work | 7 | | assignment under
subsection (a) of Section 3-12-2 may receive | 8 | | wages under rules and regulations
of the Department. In | 9 | | determining rates of compensation, the Department shall
| 10 | | consider the effort, skill and economic value of the work | 11 | | performed.
Compensation may be given to persons who participate | 12 | | in other programs of the
Department. Of the compensation earned | 13 | | pursuant to this Section, a portion, as
determined by the | 14 | | Department, shall be used to offset the cost of the committed
| 15 | | person's incarceration. If the committed person files a lawsuit | 16 | | determined
frivolous
under Article XXII of the Code of Civil | 17 | | Procedure, 50% of the
compensation shall be used to offset the | 18 | | filing fees and costs of the lawsuit
as provided in
that | 19 | | Article until all fees and costs are paid in full. All other | 20 | | wages shall
be deposited in the individual's
account under | 21 | | rules and regulations of the Department. The Department shall
| 22 | | notify the Attorney General of any compensation applied towards | 23 | | a satisfaction,
in whole or in part, of the person's | 24 | | incarceration costs.
| 25 | | (Source: P.A. 94-1017, eff. 7-7-06.)
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