Full Text of HB4100 100th General Assembly
HB4100enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Health | 5 | | Care Violence Prevention Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Committed person" means a person who is in the custody of | 8 | | or under the control of a custodial agency, including, but not | 9 | | limited to, a person who is incarcerated, under arrest, | 10 | | detained, or otherwise under the physical control of a | 11 | | custodial agency. | 12 | | "Custodial agency" means the Illinois Department of | 13 | | Corrections, the Illinois State Police, the sheriff of a | 14 | | county, a county jail, a correctional institution, or any other | 15 | | State agency, municipality, or unit of local government that | 16 | | employs personnel designated as police, peace officers, | 17 | | wardens, corrections officers, or guards or that employs | 18 | | personnel vested by law with the power to place or maintain a | 19 | | person in custody. | 20 | | "Health care provider" means a retail health care facility, | 21 | | a hospital subject to the Hospital Licensing Act or the | 22 | | University of Illinois Hospital Act, or a veterans home as | 23 | | defined in the Department of Veterans' Affairs Act. |
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| 1 | | "Health care worker" means nursing assistants and other | 2 | | support personnel, any individual licensed under the laws of | 3 | | this State to provide health services, including but not | 4 | | limited to: dentists licensed under the Illinois Dental | 5 | | Practice Act; dental hygienists licensed under the Illinois | 6 | | Dental Practice Act; nurses and advanced practice registered | 7 | | nurses licensed under the Nurse Practice Act; occupational | 8 | | therapists licensed under the Illinois Occupational Therapy | 9 | | Practice Act; optometrists licensed under the Illinois | 10 | | Optometric Practice Act of 1987; pharmacists licensed under the | 11 | | Pharmacy Practice Act; physical therapists licensed under the | 12 | | Illinois Physical Therapy Act; physicians licensed under the | 13 | | Medical Practice Act of 1987; physician assistants licensed | 14 | | under the Physician Assistant Practice Act of 1987; podiatric | 15 | | physicians licensed under the Podiatric Medical Practice Act of | 16 | | 1987; clinical psychologists licensed under the Clinical | 17 | | Psychologist Licensing Act; clinical social workers licensed | 18 | | under the Clinical Social Work and Social Work Practice Act; | 19 | | speech-language pathologists and audiologists licensed under | 20 | | the Illinois Speech-Language Pathology and Audiology Practice | 21 | | Act; or hearing instrument dispensers licensed under the | 22 | | Hearing Instrument Consumer Protection Act, or any of their | 23 | | successor Acts. | 24 | | "Nurse" means a person who is licensed to practice nursing | 25 | | under the Nurse Practice Act. | 26 | | "Retail health care facility" means an institution, place, |
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| 1 | | or building, or any portion thereof, that: | 2 | | (1) is devoted to the maintenance and operation of a | 3 | | facility for the performance of health care services and is | 4 | | located within a retail store at a specific location; | 5 | | (2) does not provide surgical services or any form of | 6 | | general anesthesia; | 7 | | (3) does not provide beds or other accommodations for | 8 | | either the long-term or overnight stay of patients; and | 9 | | (4) discharges individual patients in an ambulatory | 10 | | condition without danger to the continued well-being of the | 11 | | patients and transfers non-ambulatory patients to | 12 | | hospitals. | 13 | | "Retail health care facility" does not include hospitals, | 14 | | long-term care facilities, ambulatory treatment centers, blood | 15 | | banks, clinical laboratories, offices of physicians, advanced | 16 | | practice registered nurses, podiatrists, and physician | 17 | | assistants, and pharmacies that provide limited health care | 18 | | services. | 19 | | Section 10. Application. This Act applies to health care | 20 | | providers and custodial agencies as defined in Section 5. | 21 | | This Act does not apply to an owner of an institution, | 22 | | place, building, or any portion of the institution, place, or | 23 | | building, who directly or indirectly leases space that is used | 24 | | by the lessee to operate a retail health care facility. |
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| 1 | | Section 15. Workplace safety. | 2 | | (a) A health care worker who contacts law enforcement or | 3 | | files a report with law enforcement against a patient or | 4 | | individual because of workplace violence shall provide notice | 5 | | to management of the health care provider by which he or she is | 6 | | employed within 3 days after contacting law enforcement or | 7 | | filing the report. | 8 | | (b) No management of a health care provider may discourage | 9 | | a health care worker from exercising his or her right to | 10 | | contact law enforcement or file a report with law enforcement | 11 | | because of workplace violence. | 12 | | (c) A health care provider that employs a health care | 13 | | worker shall display a notice stating that verbal aggression | 14 | | will not be tolerated and physical assault will be reported to | 15 | | law enforcement. | 16 | | (d) The health care provider shall offer immediate | 17 | | post-incident services for a health care worker directly | 18 | | involved in a workplace violence incident caused by patients or | 19 | | their visitors, including acute treatment and access to | 20 | | psychological evaluation. | 21 | | Section 20. Workplace violence prevention program. | 22 | | (a) A health care provider shall create a workplace | 23 | | violence prevention program that complies with the | 24 | | Occupational Safety and Health Administration guidelines for | 25 | | preventing workplace violence for health care and social |
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| 1 | | service workers as amended or updated by the Occupational | 2 | | Safety and Health Administration. | 3 | | (a-5) In addition, the workplace violence prevention | 4 | | program shall include: | 5 | | (1) the following classifications of workplace | 6 | | violence as one of 4 possible types:
| 7 | | (A) "Type 1 violence" means workplace violence | 8 | | committed by a person who has no legitimate business at | 9 | | the work site and includes violent acts by anyone who | 10 | | enters the workplace with the intent to commit a crime.
| 11 | | (B) "Type 2 violence" means workplace violence | 12 | | directed at employees by customers, clients, patients, | 13 | | students, inmates, visitors, or other individuals | 14 | | accompanying a patient.
| 15 | | (C) "Type 3 violence" means workplace violence | 16 | | against an employee by a present or former employee, | 17 | | supervisor, or manager.
| 18 | | (D) "Type 4 violence" means workplace violence | 19 | | committed in the workplace by someone who does not work | 20 | | there, but has or is known to have had a personal | 21 | | relationship with an employee.
| 22 | | (2) management commitment and worker participation, | 23 | | including, but not limited to, nurses;
| 24 | | (3) worksite analysis and identification of potential | 25 | | hazards;
| 26 | | (4) hazard prevention and control;
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| 1 | | (5) safety and health training with required hours | 2 | | determined by rule; and
| 3 | | (6) recordkeeping and evaluation of the violence | 4 | | prevention program. | 5 | | (b) The Department of Public Health may by rule adopt | 6 | | additional criteria for workplace violence prevention | 7 | | programs. | 8 | | Section 25. Whistleblower protection. The Whistleblower | 9 | | Act applies to health care providers and their employees with | 10 | | respect to actions taken to implement or enforce compliance | 11 | | with this Act.
| 12 | | Section 30. Medical care for committed persons.
| 13 | | (a) If a committed person receives medical care and | 14 | | treatment at a place other than an institution or facility of | 15 | | the Department of Corrections, a county, or a municipality, | 16 | | then the institution or facility shall:
| 17 | | (1) to the greatest extent practicable, notify the | 18 | | hospital or medical facility that is treating the committed | 19 | | person prior to the committed person's visit and notify the | 20 | | hospital or medical facility of any significant medical, | 21 | | mental health, recent violent actions, or other safety | 22 | | concerns regarding the patient;
| 23 | | (2) to the greatest extent practicable, ensure the | 24 | | transferred committed person is accompanied by the most |
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| 1 | | comprehensive medical records possible;
| 2 | | (3) provide at least one guard trained in custodial | 3 | | escort and custody of high-risk committed persons to | 4 | | accompany any committed person. The custodial agency shall | 5 | | attest to such training for custodial escort and custody of | 6 | | high-risk committed persons through: (A) the training of | 7 | | the Department of Corrections or Department of Juvenile | 8 | | Justice; (B) law enforcement training that is | 9 | | substantially equivalent to the training of the Department | 10 | | of Corrections or Department of Juvenile Justice; or (C) | 11 | | the training described in Section 35. Under no | 12 | | circumstances may leg irons or shackles or waist shackles | 13 | | be used on any pregnant female prisoner who is in labor. In | 14 | | addition, restraint of a pregnant female prisoner in the | 15 | | custody of the Cook County shall comply with Section | 16 | | 3-15003.6 of the Counties Code. Additionally, restraints | 17 | | shall not be used on a committed person if medical | 18 | | personnel determine that the restraints would impede | 19 | | medical treatment; and | 20 | | (4) ensure that only medical personnel, Department of | 21 | | Corrections, county, or municipality personnel, and | 22 | | visitors on the committed person's approved institutional | 23 | | visitors list may visit the committed person. Visitation by | 24 | | a person on the committed person's approved institutional | 25 | | visitors list shall be subject to the rules and procedures | 26 | | of the hospital or medical facility and the Department of |
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| 1 | | Corrections, county, or municipality. In any situation in | 2 | | which a committed person is being visited: | 3 | | (A) the name of the visitor must be listed per the | 4 | | facility's or institution's documentation; | 5 | | (B) the visitor shall submit to the search of his | 6 | | or her person or any personal property under his or her | 7 | | control at any time; and | 8 | | (C) the custodial agency may deny the committed | 9 | | person access to a telephone or limit the number of | 10 | | visitors the committed person may receive for purposes | 11 | | of safety. | 12 | | If a committed person receives medical care and treatment | 13 | | at a place other than an institution or facility of the | 14 | | Department of Corrections, county, or municipality, then the | 15 | | custodial agency shall ensure that the committed person is | 16 | | wearing security restraints in accordance with the custodial | 17 | | agency's rules and procedures if the custodial agency | 18 | | determines that restraints are necessary for the following | 19 | | reasons: (i) to prevent physical harm to the committed person | 20 | | or another person; (ii) because the committed person has a | 21 | | history of disruptive behavior that has placed others in | 22 | | potentially harmful situations or presents a substantial risk | 23 | | of inflicting physical harm on himself or herself or others as | 24 | | evidenced by recent behavior; or (iii) there is a well-founded | 25 | | belief that the committed person presents a substantial risk of | 26 | | flight. Under no circumstances may leg irons or shackles or |
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| 1 | | waist shackles be used on any pregnant female prisoner who is | 2 | | in labor. In addition, restraint of a pregnant female prisoner | 3 | | in the custody of the Cook County shall comply with Section | 4 | | 3-15003.6 of the Counties Code. | 5 | | The hospital or medical facility may establish protocols | 6 | | for the receipt of committed persons in collaboration with the | 7 | | Department of Corrections, county, or municipality, | 8 | | specifically with regard to potentially violent persons.
| 9 | | (b) If a committed person receives medical care and | 10 | | treatment at a place other than an institution or facility of | 11 | | the Department of Juvenile Justice, then the institution or | 12 | | facility shall:
| 13 | | (1) to the greatest extent practicable, notify the | 14 | | hospital or medical facility that is treating the committed | 15 | | person prior to the committed person's visit, and notify | 16 | | the hospital or medical facility of any significant | 17 | | medical, mental health, recent violent actions, or other | 18 | | safety concerns regarding the patient;
| 19 | | (2) to the greatest extent practicable, ensure the | 20 | | transferred committed person is accompanied by the most | 21 | | comprehensive medical records possible;
| 22 | | (3) provide: (A) at least one guard trained in | 23 | | custodial escort and custody of high-risk committed | 24 | | persons to accompany any committed person. The custodial | 25 | | agency shall attest to such training for custodial escort | 26 | | and custody of high-risk committed persons through: (i) the |
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| 1 | | training of the Department of Corrections or Department of | 2 | | Juvenile Justice, (ii) law enforcement training that is | 3 | | substantially equivalent to the training of the Department | 4 | | of Corrections or Department of Juvenile Justice, or (iii) | 5 | | the training described in Section 35; or (B) 2 guards to | 6 | | accompany the committed person at all times during the | 7 | | visit to the hospital or medical facility; and
| 8 | | (4) ensure that only medical personnel, Department of | 9 | | Juvenile Justice personnel, and visitors on the committed | 10 | | person's approved institutional visitors list may visit | 11 | | the committed person. Visitation by a person on the | 12 | | committed person's approved institutional visitors list | 13 | | shall be subject to the rules and procedures of the | 14 | | hospital or medical facility and the Department of Juvenile | 15 | | Justice. In any situation in which a committed person is | 16 | | being visited:
| 17 | | (A) the name of the visitor must be listed per the | 18 | | facility's or institution's documentation;
| 19 | | (B) the visitor shall submit to the search of his | 20 | | or her person or any personal property under his or her | 21 | | control at any time;
and | 22 | | (C) the custodial agency may deny the committed | 23 | | person access to a telephone or limit the number of | 24 | | visitors the committed person may receive for purposes | 25 | | of safety. | 26 | | If a committed person receives medical care and treatment |
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| 1 | | at a place other than an institution or facility of the | 2 | | Department of Juvenile Justice, then the Department of Juvenile | 3 | | Justice shall ensure that the committed person is wearing | 4 | | security restraints on either his or her wrists or ankles in | 5 | | accordance with the rules and procedures of the Department of | 6 | | Juvenile Justice if the Department of Juvenile Justice | 7 | | determines that restraints are necessary for the following | 8 | | reasons: (i) to prevent physical harm to the committed person | 9 | | or another person; (ii) because the committed person has a | 10 | | history of disruptive behavior that has placed others in | 11 | | potentially harmful situations or presents a substantial risk | 12 | | of inflicting physical harm on himself or herself or others as | 13 | | evidenced by recent behavior; or (iii) there is a well-founded | 14 | | belief that the committed person presents a substantial risk of | 15 | | flight. Any restraints used on a committed person under this | 16 | | paragraph shall be the least restrictive restraints necessary | 17 | | to prevent flight or physical harm to the committed person or | 18 | | another person. Restraints shall not be used on the committed | 19 | | person as provided in this paragraph if medical personnel | 20 | | determine that the restraints would impede medical treatment. | 21 | | Under no circumstances may leg irons or shackles or waist | 22 | | shackles be used on any pregnant female prisoner who is in | 23 | | labor. In addition, restraint of a pregnant female prisoner in | 24 | | the custody of the Cook County shall comply with Section | 25 | | 3-15003.6 of the Counties Code. | 26 | | The hospital or medical facility may establish protocols |
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| 1 | | for the receipt of committed persons in collaboration with the | 2 | | Department of Juvenile Justice, specifically with regard to | 3 | | persons recently exhibiting violence. | 4 | | Section 35. Custodial agency training. The Illinois Law | 5 | | Enforcement Training Standards Board shall establish a | 6 | | curriculum for custodial escort and custody of high-risk | 7 | | committed persons certification, which shall include, but not | 8 | | be limited to, the following:
| 9 | | (1) handcuffing or shackling of a high-risk committed | 10 | | person;
| 11 | | (2) mobile transportation of a committed person with | 12 | | defense from the committed person's attack;
| 13 | | (3) outside facility threat assessment; | 14 | | (4) hands-on weapons retention training; and | 15 | | (5) custodial considerations for a high-risk committed | 16 | | person in outside facilities. | 17 | | Section 90. The State Police Act is amended by adding | 18 | | Section 45 as follows: | 19 | | (20 ILCS 2610/45 new) | 20 | | Sec. 45. Compliance with the Health Care Violence | 21 | | Prevention Act. The Department shall comply with the Health | 22 | | Care Violence Prevention Act. |
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| 1 | | Section 95. The Department of Veterans' Affairs Act is | 2 | | amended by changing Section 2.07 as follows:
| 3 | | (20 ILCS 2805/2.07) (from Ch. 126 1/2, par. 67.07)
| 4 | | Sec. 2.07. The Department shall employ and maintain | 5 | | sufficient and
qualified staff at the veterans' homes (i) to | 6 | | fill all beds, subject to appropriation, and (ii) to
fulfill | 7 | | the requirements of this Act. The Department shall report to
| 8 | | the General Assembly, by January 1 and July 1 of each year, the | 9 | | number of
staff employed in providing direct patient care at | 10 | | their veterans' homes,
the compliance or noncompliance with | 11 | | staffing standards established by the
United States Department | 12 | | of Veterans Affairs for
such care, and in the event of
| 13 | | noncompliance with such standards, the number of staff required | 14 | | for compliance. For purposes of this Section, a nurse who has a | 15 | | license application pending with the State shall not be deemed | 16 | | unqualified by the Department if the nurse is in compliance | 17 | | with Section 50-15 of the Nurse Practice Act.
| 18 | | A veterans home is subject to the Health Care Violence | 19 | | Prevention Act. | 20 | | (Source: P.A. 96-699, eff. 8-25-09; 97-297, eff. 1-1-12.)
| 21 | | Section 100. The University of Illinois Hospital Act is | 22 | | amended by adding Section 10 as follows: | 23 | | (110 ILCS 330/10 new) |
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| 1 | | Sec. 10. Compliance with the Health Care Violence | 2 | | Prevention Act. The University of Illinois Hospital shall | 3 | | comply with the Health Care Violence Prevention Act. | 4 | | Section 105. The Hospital Licensing Act is amended by | 5 | | adding Section 9.8 as follows: | 6 | | (210 ILCS 85/9.8 new) | 7 | | Sec. 9.8. Compliance with the Health Care Violence | 8 | | Prevention Act. A hospital licensed under this Act shall comply | 9 | | with the Health Care Violence Prevention Act. | 10 | | Section 110. The Unified Code of Corrections is amended by | 11 | | changing Section 3-6-2 as follows: | 12 | | (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | 13 | | Sec. 3-6-2. Institutions and Facility Administration.
| 14 | | (a) Each institution and facility of the Department shall | 15 | | be
administered by a chief administrative officer appointed by
| 16 | | the Director. A chief administrative officer shall be
| 17 | | responsible for all persons assigned to the institution or
| 18 | | facility. The chief administrative officer shall administer
| 19 | | the programs of the Department for the custody and treatment
of | 20 | | such persons.
| 21 | | (b) The chief administrative officer shall have such | 22 | | assistants
as the Department may assign.
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| 1 | | (c) The Director or Assistant Director shall have the
| 2 | | emergency powers to temporarily transfer individuals without
| 3 | | formal procedures to any State, county, municipal or regional
| 4 | | correctional or detention institution or facility in the State,
| 5 | | subject to the acceptance of such receiving institution or
| 6 | | facility, or to designate any reasonably secure place in the
| 7 | | State as such an institution or facility and to make transfers
| 8 | | thereto. However, transfers made under emergency powers shall
| 9 | | be reviewed as soon as practicable under Article 8, and shall
| 10 | | be subject to Section 5-905 of the Juvenile Court Act of
1987. | 11 | | This Section shall not apply to transfers to the Department of
| 12 | | Human Services which are provided for under
Section 3-8-5 or | 13 | | Section 3-10-5.
| 14 | | (d) The Department shall provide educational programs for | 15 | | all
committed persons so that all persons have an opportunity | 16 | | to
attain the achievement level equivalent to the completion of
| 17 | | the twelfth grade in the public school system in this State.
| 18 | | Other higher levels of attainment shall be encouraged and
| 19 | | professional instruction shall be maintained wherever | 20 | | possible.
The Department may establish programs of mandatory | 21 | | education and may
establish rules and regulations for the | 22 | | administration of such programs.
A person committed to the | 23 | | Department who, during the period of his or her
incarceration, | 24 | | participates in an educational program provided by or through
| 25 | | the Department and through that program is awarded or earns the | 26 | | number of
hours of credit required for the award of an |
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| 1 | | associate, baccalaureate, or
higher degree from a community | 2 | | college, college, or university located in
Illinois shall | 3 | | reimburse the State, through the Department, for the costs
| 4 | | incurred by the State in providing that person during his or | 5 | | her incarceration
with the education that qualifies him or her | 6 | | for the award of that degree. The
costs for which reimbursement | 7 | | is required under this subsection shall be
determined and | 8 | | computed by the Department under rules and regulations that
it | 9 | | shall establish for that purpose. However, interest at the rate | 10 | | of 6%
per annum shall be charged on the balance of those costs | 11 | | from time to time
remaining unpaid, from the date of the | 12 | | person's parole, mandatory supervised
release, or release | 13 | | constituting a final termination of his or her commitment
to | 14 | | the Department until paid.
| 15 | | (d-5) A person committed to the Department is entitled to | 16 | | confidential testing for infection with human immunodeficiency | 17 | | virus (HIV) and to counseling in connection with such testing, | 18 | | with no copay to the committed person. A person committed to | 19 | | the Department who has tested positive for infection with HIV | 20 | | is entitled to medical care while incarcerated, counseling, and | 21 | | referrals to support services, in connection with that positive | 22 | | test result. Implementation of this subsection (d-5) is subject | 23 | | to appropriation.
| 24 | | (e) A person committed to the Department who becomes in | 25 | | need
of medical or surgical treatment but is incapable of | 26 | | giving
consent thereto shall receive such medical or surgical |
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| 1 | | treatment
by the chief administrative officer consenting on the | 2 | | person's behalf.
Before the chief administrative officer | 3 | | consents, he or she shall
obtain the advice of one or more | 4 | | physicians licensed to practice medicine
in all its branches in | 5 | | this State. If such physician or physicians advise:
| 6 | | (1) that immediate medical or surgical treatment is | 7 | | required
relative to a condition threatening to cause | 8 | | death, damage or
impairment to bodily functions, or | 9 | | disfigurement; and
| 10 | | (2) that the person is not capable of giving consent to | 11 | | such treatment;
the chief administrative officer may give | 12 | | consent for such
medical or surgical treatment, and such | 13 | | consent shall be
deemed to be the consent of the person for | 14 | | all purposes,
including, but not limited to, the authority | 15 | | of a physician
to give such treatment. | 16 | | (e-5) If a physician providing medical care to a committed | 17 | | person on behalf of the Department advises the chief | 18 | | administrative officer that the committed person's mental or | 19 | | physical health has deteriorated as a result of the cessation | 20 | | of ingestion of food or liquid to the point where medical or | 21 | | surgical treatment is required to prevent death, damage, or | 22 | | impairment to bodily functions, the chief administrative | 23 | | officer may authorize such medical or surgical treatment.
| 24 | | (f) In the event that the person requires medical care and
| 25 | | treatment at a place other than the institution or facility,
| 26 | | the person may be removed therefrom under conditions prescribed
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| 1 | | by the Department.
The Department shall require the committed | 2 | | person receiving medical or dental
services on a non-emergency | 3 | | basis to pay a $5 co-payment to the Department for
each visit | 4 | | for medical or dental services. The amount of each co-payment | 5 | | shall be deducted from the
committed person's individual | 6 | | account.
A committed person who has a chronic illness, as | 7 | | defined by Department rules
and regulations, shall be exempt | 8 | | from the $5 co-payment for treatment of the
chronic illness. A | 9 | | committed person shall not be subject to a $5 co-payment
for | 10 | | follow-up visits ordered by a physician, who is employed by, or | 11 | | contracts
with, the Department. A committed person who is | 12 | | indigent is exempt from the
$5 co-payment
and is entitled to | 13 | | receive medical or dental services on the same basis as a
| 14 | | committed person who is financially able to afford the | 15 | | co-payment.
For purposes of this Section only, "indigent" means | 16 | | a committed person who has $20 or less in his or her Inmate | 17 | | Trust Fund at the time of such services and for the 30 days | 18 | | prior to such services. Notwithstanding any other provision in | 19 | | this subsection (f) to the contrary,
any person committed to | 20 | | any facility operated by the Department of Juvenile Justice, as | 21 | | set
forth in Section 3-2.5-15 of this Code, is exempt from the
| 22 | | co-payment requirement for the duration of confinement in those | 23 | | facilities.
| 24 | | (f-5) The Department shall comply with the Health Care | 25 | | Violence Prevention Act. | 26 | | (g) Any person having sole custody of a child at
the time |
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| 1 | | of commitment or any woman giving birth to a child after
her | 2 | | commitment, may arrange through the Department of Children
and | 3 | | Family Services for suitable placement of the child outside
of | 4 | | the Department of Corrections. The Director of the Department
| 5 | | of Corrections may determine that there are special reasons why
| 6 | | the child should continue in the custody of the mother until | 7 | | the
child is 6 years old.
| 8 | | (h) The Department may provide Family Responsibility | 9 | | Services which
may consist of, but not be limited to the | 10 | | following:
| 11 | | (1) family advocacy counseling;
| 12 | | (2) parent self-help group;
| 13 | | (3) parenting skills training;
| 14 | | (4) parent and child overnight program;
| 15 | | (5) parent and child reunification counseling, either | 16 | | separately or
together, preceding the inmate's release; | 17 | | and
| 18 | | (6) a prerelease reunification staffing involving the | 19 | | family advocate,
the inmate and the child's counselor, or | 20 | | both and the inmate.
| 21 | | (i) (Blank).
| 22 | | (j) Any person convicted of a sex offense as defined in the | 23 | | Sex Offender
Management Board Act shall be required to receive | 24 | | a sex offender evaluation
prior to release into the community | 25 | | from the Department of Corrections. The
sex offender evaluation | 26 | | shall be conducted in conformance with the standards
and |
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| 1 | | guidelines developed under
the Sex Offender Management Board | 2 | | Act and by an evaluator approved by the
Board.
| 3 | | (k) Any minor committed to the Department of Juvenile | 4 | | Justice
for a sex offense as defined by the Sex Offender | 5 | | Management Board Act shall be
required to undergo sex offender | 6 | | treatment by a treatment provider approved by
the Board and | 7 | | conducted in conformance with the Sex Offender Management Board
| 8 | | Act.
| 9 | | (l) Prior to the release of any inmate committed to a | 10 | | facility of the Department or the Department of Juvenile | 11 | | Justice, the Department must provide the inmate with | 12 | | appropriate information verbally, in writing, by video, or | 13 | | other electronic means, concerning HIV and AIDS. The Department | 14 | | shall develop the informational materials in consultation with | 15 | | the Department of Public Health. At the same time, the | 16 | | Department must also offer the committed person the option of | 17 | | testing for infection with human immunodeficiency virus (HIV), | 18 | | with no copayment for the test. Pre-test information shall be | 19 | | provided to the committed person and informed consent obtained | 20 | | as required in subsection (d) of Section 3 and Section 5 of the | 21 | | AIDS Confidentiality Act. The Department may conduct opt-out | 22 | | HIV testing as defined in Section 4 of the AIDS Confidentiality | 23 | | Act. If the Department conducts opt-out HIV testing, the | 24 | | Department shall place signs in English, Spanish and other | 25 | | languages as needed in multiple, highly visible locations in | 26 | | the area where HIV testing is conducted informing inmates that |
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| 1 | | they will be tested for HIV unless they refuse, and refusal or | 2 | | acceptance of testing shall be documented in the inmate's | 3 | | medical record. The Department shall follow procedures | 4 | | established by the Department of Public Health to conduct HIV | 5 | | testing and testing to confirm positive HIV test results. All | 6 | | testing must be conducted by medical personnel, but pre-test | 7 | | and other information may be provided by committed persons who | 8 | | have received appropriate training. The Department, in | 9 | | conjunction with the Department of Public Health, shall develop | 10 | | a plan that complies with the AIDS Confidentiality Act to | 11 | | deliver confidentially all positive or negative HIV test | 12 | | results to inmates or former inmates. Nothing in this Section | 13 | | shall require the Department to offer HIV testing to an inmate | 14 | | who is known to be infected with HIV, or who has been tested | 15 | | for HIV within the previous 180 days and whose documented HIV | 16 | | test result is available to the Department electronically. The
| 17 | | testing provided under this subsection (l) shall consist of a | 18 | | test approved by the Illinois Department of Public Health to | 19 | | determine the presence of HIV infection, based upon | 20 | | recommendations of the United States Centers for Disease | 21 | | Control and Prevention. If the test result is positive, a | 22 | | reliable supplemental test based upon recommendations of the | 23 | | United States Centers for Disease Control and Prevention shall | 24 | | be
administered.
| 25 | | Prior to the release of an inmate who the Department knows | 26 | | has tested positive for infection with HIV, the Department in a |
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| 1 | | timely manner shall offer the inmate transitional case | 2 | | management, including referrals to other support services.
| 3 | | (m) The chief administrative officer of each institution or | 4 | | facility of the Department shall make a room in the institution | 5 | | or facility available for addiction recovery services to be | 6 | | provided to committed persons on a voluntary basis. The | 7 | | services shall be provided for one hour once a week at a time | 8 | | specified by the chief administrative officer of the | 9 | | institution or facility if the following conditions are met: | 10 | | (1) the addiction recovery service contacts the chief | 11 | | administrative officer to arrange the meeting; | 12 | | (2) the committed person may attend the meeting for | 13 | | addiction recovery services only if the committed person | 14 | | uses pre-existing free time already available to the | 15 | | committed person; | 16 | | (3) all disciplinary and other rules of the institution | 17 | | or facility remain in effect; | 18 | | (4) the committed person is not given any additional | 19 | | privileges to attend addiction recovery services; | 20 | | (5) if the addiction recovery service does not arrange | 21 | | for scheduling a meeting for that week, no addiction | 22 | | recovery services shall be provided to the committed person | 23 | | in the institution or facility for that week; | 24 | | (6) the number of committed persons who may attend an | 25 | | addiction recovery meeting shall not exceed 40 during any | 26 | | session held at the correctional institution or facility; |
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| 1 | | (7) a volunteer seeking to provide addiction recovery | 2 | | services under this subsection (m) must submit an | 3 | | application to the Department of Corrections under | 4 | | existing Department rules and the Department must review | 5 | | the application within 60 days after submission of the | 6 | | application to the Department; and | 7 | | (8) each institution and facility of the Department | 8 | | shall manage the addiction recovery services program | 9 | | according to its own processes and procedures. | 10 | | For the purposes of this subsection (m), "addiction | 11 | | recovery services" means recovery services for alcoholics and | 12 | | addicts provided by volunteers of recovery support services | 13 | | recognized by the Department of Human Services. | 14 | | (Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323, | 15 | | eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12; | 16 | | 97-813, eff. 7-13-12.)
| 17 | | Section 115. The County Jail Act is amended by changing | 18 | | Section 17.5 and by adding Section 17.15 as follows:
| 19 | | (730 ILCS 125/17.5)
| 20 | | Sec. 17.5. Pregnant female prisoners. Notwithstanding any | 21 | | other
statute,
directive, or administrative
regulation, when a | 22 | | pregnant female prisoner is brought to a hospital
from a county | 23 | | jail
for the purpose of delivering her baby, no handcuffs,
| 24 | | shackles, or restraints of any kind may be used during her |
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| 1 | | transport to a
medical facility for the purpose of delivering | 2 | | her baby. Under no
circumstances may leg irons or shackles or | 3 | | waist shackles be used on any
pregnant female prisoner who is | 4 | | in labor. In addition, restraint of a pregnant female prisoner | 5 | | in the custody of the Cook County shall comply with Section | 6 | | 3-15003.6 of the Counties Code. Upon the pregnant female
| 7 | | prisoner's entry to the hospital
delivery room, 2 a county | 8 | | correctional officers officer must be posted immediately | 9 | | outside
the
delivery room. The Sheriff must provide for | 10 | | adequate personnel to monitor
the pregnant female prisoner | 11 | | during her transport to and from the
hospital and during her
| 12 | | stay at the hospital.
| 13 | | (Source: P.A. 91-253, eff. 1-1-00.)
| 14 | | (730 ILCS 125/17.15 new) | 15 | | Sec. 17.15. Compliance with the Health Care Violence | 16 | | Prevention Act. The sheriff or warden of the jail shall comply | 17 | | with the Health Care Violence Prevention Act. |
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