Full Text of HB2256 96th General Assembly
HB2256 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2256
Introduced 2/18/2009, by Rep. Monique D. Davis SYNOPSIS AS INTRODUCED: |
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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 |
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Amends the Unified Code of Corrections. Subject to appropriation by the General Assembly, every inmate admitted to a correctional institution of the Department of Corrections and prior to release from the institution shall be tested for infection with human immunodeficiency virus (HIV) and any other
identified causative agent of acquired immunodeficiency syndrome (AIDS) (rather than the testing of an inmate prior to release who has a documented history
of intravenous drug use, and upon the receipt of that inmate's written
informed consent).
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A BILL FOR
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HB2256 |
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LRB096 09497 RLC 19654 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Sections 3-6-2 and 3-8-2 as follows: | 6 |
| (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | 7 |
| Sec. 3-6-2. Institutions and Facility Administration.
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| (a) Each institution and facility of the Department shall | 9 |
| be
administered by a chief administrative officer appointed by
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| the Director. A chief administrative officer shall be
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| responsible for all persons assigned to the institution or
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| facility. The chief administrative officer shall administer
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| the programs of the Department for the custody and treatment
of | 14 |
| such persons.
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| (b) The chief administrative officer shall have such | 16 |
| assistants
as the Department may assign.
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| (c) The Director or Assistant Director shall have the
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| emergency powers to temporarily transfer individuals without
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| formal procedures to any State, county, municipal or regional
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| correctional or detention institution or facility in the State,
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| subject to the acceptance of such receiving institution or
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| facility, or to designate any reasonably secure place in the
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| State as such an institution or facility and to make transfers
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HB2256 |
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LRB096 09497 RLC 19654 b |
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| thereto. However, transfers made under emergency powers shall
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| be reviewed as soon as practicable under Article 8, and shall
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| be subject to Section 5-905 of the Juvenile Court Act of
1987. | 4 |
| This Section shall not apply to transfers to the Department of
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| Human Services which are provided for under
Section 3-8-5 or | 6 |
| Section 3-10-5.
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| (d) The Department shall provide educational programs for | 8 |
| all
committed persons so that all persons have an opportunity | 9 |
| to
attain the achievement level equivalent to the completion of
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| the twelfth grade in the public school system in this State.
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| Other higher levels of attainment shall be encouraged and
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| professional instruction shall be maintained wherever | 13 |
| possible.
The Department may establish programs of mandatory | 14 |
| education and may
establish rules and regulations for the | 15 |
| administration of such programs.
A person committed to the | 16 |
| Department who, during the period of his or her
incarceration, | 17 |
| participates in an educational program provided by or through
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| the Department and through that program is awarded or earns the | 19 |
| number of
hours of credit required for the award of an | 20 |
| associate, baccalaureate, or
higher degree from a community | 21 |
| college, college, or university located in
Illinois shall | 22 |
| reimburse the State, through the Department, for the costs
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| incurred by the State in providing that person during his or | 24 |
| her incarceration
with the education that qualifies him or her | 25 |
| for the award of that degree. The
costs for which reimbursement | 26 |
| is required under this subsection shall be
determined and |
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| computed by the Department under rules and regulations that
it | 2 |
| shall establish for that purpose. However, interest at the rate | 3 |
| of 6%
per annum shall be charged on the balance of those costs | 4 |
| from time to time
remaining unpaid, from the date of the | 5 |
| person's parole, mandatory supervised
release, or release | 6 |
| constituting a final termination of his or her commitment
to | 7 |
| the Department until paid.
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| (d-5) A person committed to the Department is entitled to | 9 |
| confidential testing for infection with human immunodeficiency | 10 |
| virus (HIV) and to counseling in connection with such testing, | 11 |
| with no copay to the committed person. A person committed to | 12 |
| the Department who has tested positive for infection with HIV | 13 |
| is entitled to medical care while incarcerated, counseling, and | 14 |
| referrals to support services, in connection with that positive | 15 |
| test result. Implementation of this subsection (d-5) is subject | 16 |
| to appropriation.
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| (e) A person committed to the Department who becomes in | 18 |
| need
of medical or surgical treatment but is incapable of | 19 |
| giving
consent thereto shall receive such medical or surgical | 20 |
| treatment
by the chief administrative officer consenting on the | 21 |
| person's behalf.
Before the chief administrative officer | 22 |
| consents, he or she shall
obtain the advice of one or more | 23 |
| physicians licensed to practice medicine
in all its branches in | 24 |
| this State. If such physician or physicians advise:
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| (1) that immediate medical or surgical treatment is | 26 |
| required
relative to a condition threatening to cause |
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LRB096 09497 RLC 19654 b |
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| death, damage or
impairment to bodily functions, or | 2 |
| disfigurement; and
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| (2) that the person is not capable of giving consent to | 4 |
| such treatment;
the chief administrative officer may give | 5 |
| consent for such
medical or surgical treatment, and such | 6 |
| consent shall be
deemed to be the consent of the person for | 7 |
| all purposes,
including, but not limited to, the authority | 8 |
| of a physician
to give such treatment. | 9 |
| (e-5) If a physician providing medical care to a committed | 10 |
| person on behalf of the Department advises the chief | 11 |
| administrative officer that the committed person's mental or | 12 |
| physical health has deteriorated as a result of the cessation | 13 |
| of ingestion of food or liquid to the point where medical or | 14 |
| surgical treatment is required to prevent death, damage, or | 15 |
| impairment to bodily functions, the chief administrative | 16 |
| officer may authorize such medical or surgical treatment.
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| (f) In the event that the person requires medical care and
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| treatment at a place other than the institution or facility,
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| the person may be removed therefrom under conditions prescribed
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| by the Department.
The Department shall require the committed | 21 |
| person receiving medical or dental
services on a non-emergency | 22 |
| basis to pay a $2 co-payment to the Department for
each visit | 23 |
| for medical or dental services. The amount of each co-payment | 24 |
| shall be deducted from the
committed person's individual | 25 |
| account.
A committed person who has a chronic illness, as | 26 |
| defined by Department rules
and regulations, shall be exempt |
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| from the $2 co-payment for treatment of the
chronic illness. A | 2 |
| committed person shall not be subject to a $2 co-payment
for | 3 |
| follow-up visits ordered by a physician, who is employed by, or | 4 |
| contracts
with, the Department. A committed person who is | 5 |
| indigent is exempt from the
$2 co-payment
and is entitled to | 6 |
| receive medical or dental services on the same basis as a
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| committed person who is financially able to afford the | 8 |
| co-payment.
Notwithstanding any other provision in this | 9 |
| subsection (f) to the contrary,
any person committed to any | 10 |
| facility operated by the Department of Juvenile Justice, as set
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| forth in Section 3-2.5-15 of this Code, is exempt from the
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| co-payment requirement for the duration of confinement in those | 13 |
| facilities.
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| (g) Any person having sole custody of a child at
the time | 15 |
| of commitment or any woman giving birth to a child after
her | 16 |
| commitment, may arrange through the Department of Children
and | 17 |
| Family Services for suitable placement of the child outside
of | 18 |
| the Department of Corrections. The Director of the Department
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| of Corrections may determine that there are special reasons why
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| the child should continue in the custody of the mother until | 21 |
| the
child is 6 years old.
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| (h) The Department may provide Family Responsibility | 23 |
| Services which
may consist of, but not be limited to the | 24 |
| following:
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| (1) family advocacy counseling;
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| (2) parent self-help group;
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| (3) parenting skills training;
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| (4) parent and child overnight program;
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| (5) parent and child reunification counseling, either | 4 |
| separately or
together, preceding the inmate's release; | 5 |
| and
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| (6) a prerelease reunification staffing involving the | 7 |
| family advocate,
the inmate and the child's counselor, or | 8 |
| both and the inmate.
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| (i) Prior to the release of any inmate who has a documented | 10 |
| history
of intravenous drug use, and upon the receipt of that | 11 |
| inmate's written
informed consent , the Department shall | 12 |
| provide for the testing of such
inmate for infection with human | 13 |
| immunodeficiency virus (HIV) and any other
identified | 14 |
| causative agent of acquired immunodeficiency syndrome (AIDS). | 15 |
| The
testing provided under this subsection shall consist of an | 16 |
| enzyme-linked
immunosorbent assay (ELISA) test or such other | 17 |
| test as may be approved by
the Illinois Department of Public | 18 |
| Health. If the test result is positive,
the Western Blot Assay | 19 |
| or more reliable confirmatory test shall be
administered. All | 20 |
| inmates tested in accordance with the provisions of this
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| subsection shall be provided with pre-test and post-test | 22 |
| counseling.
Notwithstanding any provision of this subsection | 23 |
| to the contrary, the
Department shall not be required to | 24 |
| conduct the testing and counseling
required by this subsection | 25 |
| unless sufficient funds to cover all costs of
such testing and | 26 |
| counseling are appropriated for that
purpose by the General |
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LRB096 09497 RLC 19654 b |
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| Assembly.
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| (j) Any person convicted of a sex offense as defined in the | 3 |
| Sex Offender
Management Board Act shall be required to receive | 4 |
| a sex offender evaluation
prior to release into the community | 5 |
| from the Department of Corrections. The
sex offender evaluation | 6 |
| shall be conducted in conformance with the standards
and | 7 |
| guidelines developed under
the Sex Offender Management Board | 8 |
| Act and by an evaluator approved by the
Board.
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| (k) Any minor committed to the Department of Juvenile | 10 |
| Justice
for a sex offense as defined by the Sex Offender | 11 |
| Management Board Act shall be
required to undergo sex offender | 12 |
| treatment by a treatment provider approved by
the Board and | 13 |
| conducted in conformance with the Sex Offender Management Board
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| Act.
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| (l) Prior to the release of any inmate, the Department must | 16 |
| provide the inmate with the option of testing for infection | 17 |
| with human immunodeficiency virus (HIV), as well as counseling | 18 |
| in connection with such testing, with no copayment for the | 19 |
| test. At the same time, the Department shall require each such | 20 |
| inmate to sign a form stating that the inmate has been informed | 21 |
| of his or her rights with respect to the testing required to be | 22 |
| offered under this subsection (l) and providing the inmate with | 23 |
| an opportunity to indicate either that he or she wants to be | 24 |
| tested or that he or she does not want to be tested. The | 25 |
| Department, in consultation with the Department of Public | 26 |
| Health, shall prescribe the contents of the form. The
testing |
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HB2256 |
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LRB096 09497 RLC 19654 b |
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| provided under this subsection (l) shall consist of an | 2 |
| enzyme-linked
immunosorbent assay (ELISA) test or any other | 3 |
| test approved by
the Department of Public Health. If the test | 4 |
| result is positive,
the Western Blot Assay or more reliable | 5 |
| confirmatory test shall be
administered. | 6 |
| Prior to the release of an inmate who the Department knows | 7 |
| has tested positive for infection with HIV, the Department in a | 8 |
| timely manner shall offer the inmate transitional case | 9 |
| management, including referrals to other support services.
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| Implementation of this subsection (l) is subject to | 11 |
| appropriation.
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| (Source: P.A. 93-616, eff. 1-1-04; 93-928, eff. 1-1-05; 94-629, | 13 |
| eff. 1-1-06; 94-696, eff. 6-1-06 .)
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| (730 ILCS 5/3-8-2) (from Ch. 38, par. 1003-8-2)
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| Sec. 3-8-2. Social Evaluation; physical examination; | 16 |
| HIV/AIDS. | 17 |
| (a) A social evaluation shall be made of a
committed | 18 |
| person's medical, psychological, educational and vocational | 19 |
| condition
and history, including the use of alcohol and other | 20 |
| drugs, the
circumstances of his offense, and such other | 21 |
| information as the Department
may determine. The committed | 22 |
| person shall be assigned to an institution or
facility in so | 23 |
| far as practicable in accordance with the social evaluation.
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| Recommendations shall be made for medical, dental, | 25 |
| psychiatric,
psychological and social service treatment.
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LRB096 09497 RLC 19654 b |
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| (b) A record of the social evaluation shall be entered in | 2 |
| the committed
person's master record file and shall be | 3 |
| forwarded to the institution or
facility to which the person is | 4 |
| assigned.
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| (c) Upon admission to a correctional institution each | 6 |
| committed person
shall be given a physical examination and | 7 |
| shall be tested for infection with human immunodeficiency virus | 8 |
| (HIV) and any other
identified causative agent of acquired | 9 |
| immunodeficiency syndrome (AIDS). The
testing provided under | 10 |
| this subsection (c) shall consist of an enzyme-linked
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| immunosorbent assay (ELISA) test or any other test approved by
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| the Department of Public Health. If the test result is | 13 |
| positive,
the Western Blot Assay or more reliable confirmatory | 14 |
| test shall be
administered. Implementation of the HIV testing | 15 |
| is subject to appropriation . If he is suspected of having a
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| communicable disease that in the judgment of the Department | 17 |
| medical
personnel requires medical isolation, the committed | 18 |
| person shall remain in
medical isolation until it is no longer | 19 |
| deemed medically necessary. | 20 |
| (d) Upon arrival at an inmate's final destination, the | 21 |
| Department must provide the committed person with appropriate | 22 |
| written information and counseling concerning HIV and AIDS. The | 23 |
| Department shall develop the written materials in consultation | 24 |
| with the Department of Public Health. At the same time, the | 25 |
| Department also must offer the
committed person the option of | 26 |
| being tested, with no copayment, for infection with human |
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LRB096 09497 RLC 19654 b |
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| immunodeficiency virus (HIV). The Department shall require | 2 |
| each committed person to sign a form stating that the committed | 3 |
| person has been informed of his or her rights with respect to | 4 |
| the testing required to be offered under this subsection (d) | 5 |
| and providing the committed person with an opportunity to | 6 |
| indicate either that he or she wants to be tested or that he or | 7 |
| she does not want to be tested. The Department, in consultation | 8 |
| with the Department of Public Health, shall prescribe the | 9 |
| contents of the form. The
testing provided under this | 10 |
| subsection (d) shall consist of an enzyme-linked
immunosorbent | 11 |
| assay (ELISA) test or any other test approved by
the Department | 12 |
| of Public Health. If the test result is positive,
the Western | 13 |
| Blot Assay or more reliable confirmatory test shall be
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| administered. Implementation of this subsection (d) is subject | 15 |
| to appropriation.
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| (Source: P.A. 94-629, eff. 1-1-06.)
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