Full Text of SB2844 097th General Assembly
SB2844enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning corrections.
| 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 3-2-2 and 3-6-2 as follows:
| 6 | | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| 7 | | Sec. 3-2-2. Powers and Duties of the Department.
| 8 | | (1) In addition to the powers, duties and responsibilities | 9 | | which are
otherwise provided by law, the Department shall have | 10 | | the following powers:
| 11 | | (a) To accept persons committed to it by the courts of | 12 | | this State for
care, custody, treatment and | 13 | | rehabilitation, and to accept federal prisoners and aliens | 14 | | over whom the Office of the Federal Detention Trustee is | 15 | | authorized to exercise the federal detention function for | 16 | | limited purposes and periods of time.
| 17 | | (b) To develop and maintain reception and evaluation | 18 | | units for purposes
of analyzing the custody and | 19 | | rehabilitation needs of persons committed to
it and to | 20 | | assign such persons to institutions and programs under its | 21 | | control
or transfer them to other appropriate agencies. In | 22 | | consultation with the
Department of Alcoholism and | 23 | | Substance Abuse (now the Department of Human
Services), the |
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| 1 | | Department of Corrections
shall develop a master plan for | 2 | | the screening and evaluation of persons
committed to its | 3 | | custody who have alcohol or drug abuse problems, and for
| 4 | | making appropriate treatment available to such persons; | 5 | | the Department
shall report to the General Assembly on such | 6 | | plan not later than April 1,
1987. The maintenance and | 7 | | implementation of such plan shall be contingent
upon the | 8 | | availability of funds.
| 9 | | (b-1) To create and implement, on January 1, 2002, a | 10 | | pilot
program to
establish the effectiveness of | 11 | | pupillometer technology (the measurement of the
pupil's
| 12 | | reaction to light) as an alternative to a urine test for | 13 | | purposes of screening
and evaluating
persons committed to | 14 | | its custody who have alcohol or drug problems. The
pilot | 15 | | program shall require the pupillometer technology to be | 16 | | used in at
least one Department of
Corrections facility. | 17 | | The Director may expand the pilot program to include an
| 18 | | additional facility or
facilities as he or she deems | 19 | | appropriate.
A minimum of 4,000 tests shall be included in | 20 | | the pilot program.
The
Department must report to the
| 21 | | General Assembly on the
effectiveness of the program by | 22 | | January 1, 2003.
| 23 | | (b-5) To develop, in consultation with the Department | 24 | | of State Police, a
program for tracking and evaluating each | 25 | | inmate from commitment through release
for recording his or | 26 | | her gang affiliations, activities, or ranks.
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| 1 | | (c) To maintain and administer all State correctional | 2 | | institutions and
facilities under its control and to | 3 | | establish new ones as needed. Pursuant
to its power to | 4 | | establish new institutions and facilities, the Department
| 5 | | may, with the written approval of the Governor, authorize | 6 | | the Department of
Central Management Services to enter into | 7 | | an agreement of the type
described in subsection (d) of | 8 | | Section 405-300 of the
Department
of Central Management | 9 | | Services Law (20 ILCS 405/405-300). The Department shall
| 10 | | designate those institutions which
shall constitute the | 11 | | State Penitentiary System.
| 12 | | Pursuant to its power to establish new institutions and | 13 | | facilities, the
Department may authorize the Department of | 14 | | Central Management Services to
accept bids from counties | 15 | | and municipalities for the construction,
remodeling or | 16 | | conversion of a structure to be leased to the Department of
| 17 | | Corrections for the purposes of its serving as a | 18 | | correctional institution
or facility. Such construction, | 19 | | remodeling or conversion may be financed
with revenue bonds | 20 | | issued pursuant to the Industrial Building Revenue Bond
Act | 21 | | by the municipality or county. The lease specified in a bid | 22 | | shall be
for a term of not less than the time needed to | 23 | | retire any revenue bonds
used to finance the project, but | 24 | | not to exceed 40 years. The lease may
grant to the State | 25 | | the option to purchase the structure outright.
| 26 | | Upon receipt of the bids, the Department may certify |
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| 1 | | one or more of the
bids and shall submit any such bids to | 2 | | the General Assembly for approval.
Upon approval of a bid | 3 | | by a constitutional majority of both houses of the
General | 4 | | Assembly, pursuant to joint resolution, the Department of | 5 | | Central
Management Services may enter into an agreement | 6 | | with the county or
municipality pursuant to such bid.
| 7 | | (c-5) To build and maintain regional juvenile | 8 | | detention centers and to
charge a per diem to the counties | 9 | | as established by the Department to defray
the costs of | 10 | | housing each minor in a center. In this subsection (c-5),
| 11 | | "juvenile
detention center" means a facility to house | 12 | | minors during pendency of trial who
have been transferred | 13 | | from proceedings under the Juvenile Court Act of 1987 to
| 14 | | prosecutions under the criminal laws of this State in | 15 | | accordance with Section
5-805 of the Juvenile Court Act of | 16 | | 1987, whether the transfer was by operation
of
law or | 17 | | permissive under that Section. The Department shall | 18 | | designate the
counties to be served by each regional | 19 | | juvenile detention center.
| 20 | | (d) To develop and maintain programs of control, | 21 | | rehabilitation and
employment of committed persons within | 22 | | its institutions.
| 23 | | (d-5) To provide a pre-release job preparation program | 24 | | for inmates at Illinois adult correctional centers.
| 25 | | (e) To establish a system of supervision and guidance | 26 | | of committed persons
in the community.
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| 1 | | (f) To establish in cooperation with the Department of | 2 | | Transportation
to supply a sufficient number of prisoners | 3 | | for use by the Department of
Transportation to clean up the | 4 | | trash and garbage along State, county,
township, or | 5 | | municipal highways as designated by the Department of
| 6 | | Transportation. The Department of Corrections, at the | 7 | | request of the
Department of Transportation, shall furnish | 8 | | such prisoners at least
annually for a period to be agreed | 9 | | upon between the Director of
Corrections and the Director | 10 | | of Transportation. The prisoners used on this
program shall | 11 | | be selected by the Director of Corrections on whatever | 12 | | basis
he deems proper in consideration of their term, | 13 | | behavior and earned eligibility
to participate in such | 14 | | program - where they will be outside of the prison
facility | 15 | | but still in the custody of the Department of Corrections. | 16 | | Prisoners
convicted of first degree murder, or a Class X | 17 | | felony, or armed violence, or
aggravated kidnapping, or | 18 | | criminal sexual assault, aggravated criminal sexual
abuse | 19 | | or a subsequent conviction for criminal sexual abuse, or | 20 | | forcible
detention, or arson, or a prisoner adjudged a | 21 | | Habitual Criminal shall not be
eligible for selection to | 22 | | participate in such program. The prisoners shall
remain as | 23 | | prisoners in the custody of the Department of Corrections | 24 | | and such
Department shall furnish whatever security is | 25 | | necessary. The Department of
Transportation shall furnish | 26 | | trucks and equipment for the highway cleanup
program and |
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| 1 | | personnel to supervise and direct the program. Neither the
| 2 | | Department of Corrections nor the Department of | 3 | | Transportation shall replace
any regular employee with a | 4 | | prisoner.
| 5 | | (g) To maintain records of persons committed to it and | 6 | | to establish
programs of research, statistics and | 7 | | planning.
| 8 | | (h) To investigate the grievances of any person | 9 | | committed to the
Department, to inquire into any alleged | 10 | | misconduct by employees
or committed persons, and to | 11 | | investigate the assets
of committed persons to implement | 12 | | Section 3-7-6 of this Code; and for
these purposes it may | 13 | | issue subpoenas and compel the attendance of witnesses
and | 14 | | the production of writings and papers, and may examine | 15 | | under oath any
witnesses who may appear before it; to also | 16 | | investigate alleged violations
of a parolee's or | 17 | | releasee's conditions of parole or release; and for this
| 18 | | purpose it may issue subpoenas and compel the attendance of | 19 | | witnesses and
the production of documents only if there is | 20 | | reason to believe that such
procedures would provide | 21 | | evidence that such violations have occurred.
| 22 | | If any person fails to obey a subpoena issued under | 23 | | this subsection,
the Director may apply to any circuit | 24 | | court to secure compliance with the
subpoena. The failure | 25 | | to comply with the order of the court issued in
response | 26 | | thereto shall be punishable as contempt of court.
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| 1 | | (i) To appoint and remove the chief administrative | 2 | | officers, and
administer
programs of training and | 3 | | development of personnel of the Department. Personnel
| 4 | | assigned by the Department to be responsible for the
| 5 | | custody and control of committed persons or to investigate | 6 | | the alleged
misconduct of committed persons or employees or | 7 | | alleged violations of a
parolee's or releasee's conditions | 8 | | of parole shall be conservators of the peace
for those | 9 | | purposes, and shall have the full power of peace officers | 10 | | outside
of the facilities of the Department in the | 11 | | protection, arrest, retaking
and reconfining of committed | 12 | | persons or where the exercise of such power
is necessary to | 13 | | the investigation of such misconduct or violations.
| 14 | | (j) To cooperate with other departments and agencies | 15 | | and with local
communities for the development of standards | 16 | | and programs for better
correctional services in this | 17 | | State.
| 18 | | (k) To administer all moneys and properties of the | 19 | | Department.
| 20 | | (l) To report annually to the Governor on the committed
| 21 | | persons, institutions and programs of the Department.
| 22 | | (l-5) In a confidential annual report to the Governor, | 23 | | the Department
shall
identify all inmate gangs by | 24 | | specifying each current gang's name, population
and allied | 25 | | gangs. The Department shall further specify the number of | 26 | | top
leaders identified by the Department for each gang |
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| 1 | | during the past year, and
the measures taken by the | 2 | | Department to segregate each leader from his or her
gang | 3 | | and allied gangs. The Department shall further report the | 4 | | current status
of leaders identified and segregated in | 5 | | previous years. All leaders described
in the report shall | 6 | | be identified by inmate number or other designation to
| 7 | | enable tracking, auditing, and verification without | 8 | | revealing the names of the
leaders. Because this report | 9 | | contains law enforcement intelligence information
| 10 | | collected by the Department, the report is confidential and | 11 | | not subject to
public disclosure.
| 12 | | (m) To make all rules and regulations and exercise all | 13 | | powers and duties
vested by law in the Department.
| 14 | | (n) To establish rules and regulations for | 15 | | administering a system of
good conduct credits, | 16 | | established in accordance with Section 3-6-3, subject
to | 17 | | review by the Prisoner Review Board.
| 18 | | (o) To administer the distribution of funds
from the | 19 | | State Treasury to reimburse counties where State penal
| 20 | | institutions are located for the payment of assistant | 21 | | state's attorneys'
salaries under Section 4-2001 of the | 22 | | Counties Code.
| 23 | | (p) To exchange information with the Department of | 24 | | Human Services and the
Department of Healthcare and Family | 25 | | Services
for the purpose of verifying living arrangements | 26 | | and for other purposes
directly connected with the |
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| 1 | | administration of this Code and the Illinois
Public Aid | 2 | | Code.
| 3 | | (q) To establish a diversion program.
| 4 | | The program shall provide a structured environment for | 5 | | selected
technical parole or mandatory supervised release | 6 | | violators and committed
persons who have violated the rules | 7 | | governing their conduct while in work
release. This program | 8 | | shall not apply to those persons who have committed
a new | 9 | | offense while serving on parole or mandatory supervised | 10 | | release or
while committed to work release.
| 11 | | Elements of the program shall include, but shall not be | 12 | | limited to, the
following:
| 13 | | (1) The staff of a diversion facility shall provide | 14 | | supervision in
accordance with required objectives set | 15 | | by the facility.
| 16 | | (2) Participants shall be required to maintain | 17 | | employment.
| 18 | | (3) Each participant shall pay for room and board | 19 | | at the facility on a
sliding-scale basis according to | 20 | | the participant's income.
| 21 | | (4) Each participant shall:
| 22 | | (A) provide restitution to victims in | 23 | | accordance with any court order;
| 24 | | (B) provide financial support to his | 25 | | dependents; and
| 26 | | (C) make appropriate payments toward any other |
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| 1 | | court-ordered
obligations.
| 2 | | (5) Each participant shall complete community | 3 | | service in addition to
employment.
| 4 | | (6) Participants shall take part in such | 5 | | counseling, educational and
other programs as the | 6 | | Department may deem appropriate.
| 7 | | (7) Participants shall submit to drug and alcohol | 8 | | screening.
| 9 | | (8) The Department shall promulgate rules | 10 | | governing the administration
of the program.
| 11 | | (r) To enter into intergovernmental cooperation | 12 | | agreements under which
persons in the custody of the | 13 | | Department may participate in a county impact
| 14 | | incarceration program established under Section 3-6038 or | 15 | | 3-15003.5 of the
Counties Code.
| 16 | | (r-5) (Blank).
| 17 | | (r-10) To systematically and routinely identify with | 18 | | respect to each
streetgang active within the correctional | 19 | | system: (1) each active gang; (2)
every existing inter-gang | 20 | | affiliation or alliance; and (3) the current leaders
in | 21 | | each gang. The Department shall promptly segregate leaders | 22 | | from inmates who
belong to their gangs and allied gangs. | 23 | | "Segregate" means no physical contact
and, to the extent | 24 | | possible under the conditions and space available at the
| 25 | | correctional facility, prohibition of visual and sound | 26 | | communication. For the
purposes of this paragraph (r-10), |
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| 1 | | "leaders" means persons who:
| 2 | | (i) are members of a criminal streetgang;
| 3 | | (ii) with respect to other individuals within the | 4 | | streetgang, occupy a
position of organizer, | 5 | | supervisor, or other position of management or
| 6 | | leadership; and
| 7 | | (iii) are actively and personally engaged in | 8 | | directing, ordering,
authorizing, or requesting | 9 | | commission of criminal acts by others, which are
| 10 | | punishable as a felony, in furtherance of streetgang | 11 | | related activity both
within and outside of the | 12 | | Department of Corrections.
| 13 | | "Streetgang", "gang", and "streetgang related" have the | 14 | | meanings ascribed to
them in Section 10 of the Illinois | 15 | | Streetgang Terrorism Omnibus Prevention
Act.
| 16 | | (s) To operate a super-maximum security institution, | 17 | | in order to
manage and
supervise inmates who are disruptive | 18 | | or dangerous and provide for the safety
and security of the | 19 | | staff and the other inmates.
| 20 | | (t) To monitor any unprivileged conversation or any | 21 | | unprivileged
communication, whether in person or by mail, | 22 | | telephone, or other means,
between an inmate who, before | 23 | | commitment to the Department, was a member of an
organized | 24 | | gang and any other person without the need to show cause or | 25 | | satisfy
any other requirement of law before beginning the | 26 | | monitoring, except as
constitutionally required. The |
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| 1 | | monitoring may be by video, voice, or other
method of | 2 | | recording or by any other means. As used in this | 3 | | subdivision (1)(t),
"organized gang" has the meaning | 4 | | ascribed to it in Section 10 of the Illinois
Streetgang | 5 | | Terrorism Omnibus Prevention Act.
| 6 | | As used in this subdivision (1)(t), "unprivileged | 7 | | conversation" or
"unprivileged communication" means a | 8 | | conversation or communication that is not
protected by any | 9 | | privilege recognized by law or by decision, rule, or order | 10 | | of
the Illinois Supreme Court.
| 11 | | (u) To establish a Women's and Children's Pre-release | 12 | | Community
Supervision
Program for the purpose of providing | 13 | | housing and services to eligible female
inmates, as | 14 | | determined by the Department, and their newborn and young
| 15 | | children.
| 16 | | (u-5) To issue an order, whenever a person committed to | 17 | | the Department absconds or absents himself or herself, | 18 | | without authority to do so, from any facility or program to | 19 | | which he or she is assigned. The order shall be certified | 20 | | by the Director, the Supervisor of the Apprehension Unit, | 21 | | or any person duly designated by the Director, with the | 22 | | seal of the Department affixed. The order shall be directed | 23 | | to all sheriffs, coroners, and police officers, or to any | 24 | | particular person named in the order. Any order issued | 25 | | pursuant to this subdivision (1) (u-5) shall be sufficient | 26 | | warrant for the officer or person named in the order to |
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| 1 | | arrest and deliver the committed person to the proper | 2 | | correctional officials and shall be executed the same as | 3 | | criminal process.
| 4 | | (v) To do all other acts necessary to carry out the | 5 | | provisions
of this Chapter.
| 6 | | (2) The Department of Corrections shall by January 1, 1998, | 7 | | consider
building and operating a correctional facility within | 8 | | 100 miles of a county of
over 2,000,000 inhabitants, especially | 9 | | a facility designed to house juvenile
participants in the | 10 | | impact incarceration program.
| 11 | | (3) When the Department lets bids for contracts for medical
| 12 | | services to be provided to persons committed to Department | 13 | | facilities by
a health maintenance organization, medical | 14 | | service corporation, or other
health care provider, the bid may | 15 | | only be let to a health care provider
that has obtained an | 16 | | irrevocable letter of credit or performance bond
issued by a | 17 | | company whose bonds have an investment grade or higher rating | 18 | | are rated AAA by a bond rating
organization.
| 19 | | (4) When the Department lets bids for
contracts for food or | 20 | | commissary services to be provided to
Department facilities, | 21 | | the bid may only be let to a food or commissary
services | 22 | | provider that has obtained an irrevocable letter of
credit or | 23 | | performance bond issued by a company whose bonds have an | 24 | | investment grade or higher rating are rated
AAA by a bond | 25 | | rating organization.
| 26 | | (Source: P.A. 96-1265, eff. 7-26-10.)
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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 $5 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 $5 co-payment for treatment of the
chronic illness. A | 21 | | committed person shall not be subject to a $5 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
$5 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.
For purposes of this Section only, "indigent" means | 2 | | a committed person who has $20 or less in his or her Inmate | 3 | | Trust Fund at the time of such services and or for the 30 days | 4 | | prior to such services. Notwithstanding any other provision in | 5 | | this subsection (f) to the contrary,
any person committed to | 6 | | any facility operated by the Department of Juvenile Justice, as | 7 | | set
forth in Section 3-2.5-15 of this Code, is exempt from the
| 8 | | co-payment requirement for the duration of confinement in those | 9 | | facilities.
| 10 | | (g) Any person having sole custody of a child at
the time | 11 | | of commitment or any woman giving birth to a child after
her | 12 | | commitment, may arrange through the Department of Children
and | 13 | | Family Services for suitable placement of the child outside
of | 14 | | the Department of Corrections. The Director of the Department
| 15 | | of Corrections may determine that there are special reasons why
| 16 | | the child should continue in the custody of the mother until | 17 | | the
child is 6 years old.
| 18 | | (h) The Department may provide Family Responsibility | 19 | | Services which
may consist of, but not be limited to the | 20 | | following:
| 21 | | (1) family advocacy counseling;
| 22 | | (2) parent self-help group;
| 23 | | (3) parenting skills training;
| 24 | | (4) parent and child overnight program;
| 25 | | (5) parent and child reunification counseling, either | 26 | | separately or
together, preceding the inmate's release; |
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| 1 | | and
| 2 | | (6) a prerelease reunification staffing involving the | 3 | | family advocate,
the inmate and the child's counselor, or | 4 | | both and the inmate.
| 5 | | (i) (Blank). a test approved by the Illinois Department of | 6 | | Public Health to determine the presence of HIV infection, based | 7 | | upon recommendations of United States Centers for Disease | 8 | | Control and Prevention a reliable supplemental based upon | 9 | | recommendations of the United States Centers for Disease | 10 | | Control and Prevention information
| 11 | | (j) Any person convicted of a sex offense as defined in the | 12 | | Sex Offender
Management Board Act shall be required to receive | 13 | | a sex offender evaluation
prior to release into the community | 14 | | from the Department of Corrections. The
sex offender evaluation | 15 | | shall be conducted in conformance with the standards
and | 16 | | guidelines developed under
the Sex Offender Management Board | 17 | | Act and by an evaluator approved by the
Board.
| 18 | | (k) Any minor committed to the Department of Juvenile | 19 | | Justice
for a sex offense as defined by the Sex Offender | 20 | | Management Board Act shall be
required to undergo sex offender | 21 | | treatment by a treatment provider approved by
the Board and | 22 | | conducted in conformance with the Sex Offender Management Board
| 23 | | Act.
| 24 | | (l) Prior to the release of any inmate committed to a | 25 | | facility of the Department or the Department of Juvenile | 26 | | Justice, the Department must provide the inmate with |
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| 1 | | appropriate information verbally, in writing, by video, or | 2 | | other electronic means, concerning HIV and AIDS. The Department | 3 | | shall develop the informational materials in consultation with | 4 | | the Department of Public Health. At the same time, the | 5 | | Department must also offer the committed person the option of | 6 | | testing for infection with human immunodeficiency virus (HIV), | 7 | | with no copayment for the test. Pre-test information shall be | 8 | | provided to the committed person and informed consent obtained | 9 | | as required in subsection (d) of Section 3 and Section 5 of the | 10 | | AIDS Confidentiality Act. The Department may conduct opt-out | 11 | | HIV testing as defined in Section 4 of the AIDS Confidentiality | 12 | | Act. If the Department conducts opt-out HIV testing, the | 13 | | Department shall place signs in English, Spanish and other | 14 | | languages as needed in multiple, highly visible locations in | 15 | | the area where HIV testing is conducted informing inmates that | 16 | | they will be tested for HIV unless they refuse, and refusal or | 17 | | acceptance of testing shall be documented in the inmate's | 18 | | medical record. The Department shall follow procedures | 19 | | established by the Department of Public Health to conduct HIV | 20 | | testing and testing to confirm positive HIV test results. All | 21 | | testing must be conducted by medical personnel, but pre-test | 22 | | and other information may be provided by committed persons who | 23 | | have received appropriate training. The Department, in | 24 | | conjunction with the Department of Public Health, shall develop | 25 | | a plan that complies with the AIDS Confidentiality Act to | 26 | | deliver confidentially all positive or negative HIV test |
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| 1 | | results to inmates or former inmates. Nothing in this Section | 2 | | shall require the Department to offer HIV testing to an inmate | 3 | | who is known to be infected with HIV, or who has been tested | 4 | | for HIV within the previous 180 days and whose documented HIV | 5 | | test result is available to the Department electronically. The
| 6 | | testing provided under this subsection (l) shall consist of a | 7 | | test approved by the Illinois Department of Public Health to | 8 | | determine the presence of HIV infection, based upon | 9 | | recommendations of the United States Centers for Disease | 10 | | Control and Prevention . If the test result is positive, a | 11 | | reliable supplemental test based upon recommendations of the | 12 | | United States Centers for Disease Control and Prevention shall | 13 | | be
administered .
| 14 | | Prior to the release of an inmate who the Department knows | 15 | | has tested positive for infection with HIV, the Department in a | 16 | | timely manner shall offer the inmate transitional case | 17 | | management, including referrals to other support services.
| 18 | | (m) The chief administrative officer of each institution or | 19 | | facility of the Department shall make a room in the institution | 20 | | or facility available for addiction recovery services to be | 21 | | provided to committed persons on a voluntary basis. The | 22 | | services shall be provided for one hour once a week at a time | 23 | | specified by the chief administrative officer of the | 24 | | institution or facility if the following conditions are met: | 25 | | (1) the addiction recovery service contacts the chief | 26 | | administrative officer to arrange the meeting; |
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| 1 | | (2) the committed person may attend the meeting for | 2 | | addiction recovery services only if the committed person | 3 | | uses pre-existing free time already available to the | 4 | | committed person; | 5 | | (3) all disciplinary and other rules of the institution | 6 | | or facility remain in effect; | 7 | | (4) the committed person is not given any additional | 8 | | privileges to attend addiction recovery services; | 9 | | (5) if the addiction recovery service does not arrange | 10 | | for scheduling a meeting for that week, no addiction | 11 | | recovery services shall be provided to the committed person | 12 | | in the institution or facility for that week; | 13 | | (6) the number of committed persons who may attend an | 14 | | addiction recovery meeting shall not exceed 40 during any | 15 | | session held at the correctional institution or facility; | 16 | | (7) a volunteer seeking to provide addiction recovery | 17 | | services under this subsection (m) must submit an | 18 | | application to the Department of Corrections under | 19 | | existing Department rules and the Department must review | 20 | | the application within 60 days after submission of the | 21 | | application to the Department; and | 22 | | (8) each institution and facility of the Department | 23 | | shall manage the addiction recovery services program | 24 | | according to its own processes and procedures. | 25 | | For the purposes of this subsection (m), "addiction | 26 | | recovery services" means recovery services for alcoholics and |
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| 1 | | addicts provided by volunteers of recovery support services | 2 | | recognized by the Department of Human Services. | 3 | | (Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323, | 4 | | eff. 8-12-11; 97-562, eff. 1-1-12; revised 9-14-11.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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