Full Text of HB3890 96th General Assembly
HB3890 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3890
Introduced 2/26/2009, by Rep. LaShawn K. Ford SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-6-2 |
from Ch. 38, par. 1003-6-2 |
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Amends the Unified Code of Corrections. Makes a technical change in the Section concerning the administration of institutions and facilities of the Department of Corrections.
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A BILL FOR
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HB3890 |
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LRB096 11732 RLC 22470 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 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.
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| (a) Each institution and facility of the Department shall | 9 |
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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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LRB096 11732 RLC 22470 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 |
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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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HB3890 |
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LRB096 11732 RLC 22470 b |
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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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| 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 Prior to the release of any inmate who has a | 10 |
| documented history
of intravenous drug use, and upon the | 11 |
| receipt of that inmate's written
informed consent, the | 12 |
| Department shall provide for the testing of such
inmate for | 13 |
| infection with human immunodeficiency virus (HIV) and any other
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| identified causative agent of acquired immunodeficiency | 15 |
| syndrome (AIDS). The
testing provided under this subsection | 16 |
| shall consist of an enzyme-linked
immunosorbent assay (ELISA) | 17 |
| test or such other test as may be approved by
the Illinois | 18 |
| Department of Public Health. If the test result is positive,
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| the Western Blot Assay or more reliable confirmatory test shall | 20 |
| be
administered. All inmates tested in accordance with the | 21 |
| provisions of this
subsection shall be provided with pre-test | 22 |
| and post-test counseling.
Notwithstanding any provision of | 23 |
| this subsection to the contrary, the
Department shall not be | 24 |
| required to conduct the testing and counseling
required by this | 25 |
| subsection unless sufficient funds to cover all costs of
such | 26 |
| testing and counseling are appropriated for that
purpose by the |
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LRB096 11732 RLC 22470 b |
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| General 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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LRB096 11732 RLC 22470 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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