Full Text of HB5104 100th General Assembly
HB5104enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing 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.
| 8 | | (a) Each institution and facility of the Department shall | 9 | | be
administered by a chief administrative officer appointed by
| 10 | | the Director. A chief administrative officer shall be
| 11 | | responsible for all persons assigned to the institution or
| 12 | | facility. The chief administrative officer shall administer
| 13 | | the programs of the Department for the custody and treatment
of | 14 | | such persons.
| 15 | | (b) The chief administrative officer shall have such | 16 | | assistants
as the Department may assign.
| 17 | | (c) The Director or Assistant Director shall have the
| 18 | | emergency powers to temporarily transfer individuals without
| 19 | | formal procedures to any State, county, municipal or regional
| 20 | | correctional or detention institution or facility in the State,
| 21 | | subject to the acceptance of such receiving institution or
| 22 | | facility, or to designate any reasonably secure place in the
| 23 | | State as such an institution or facility and to make transfers
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| 1 | | thereto. However, transfers made under emergency powers shall
| 2 | | be reviewed as soon as practicable under Article 8, and shall
| 3 | | 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
| 5 | | Human Services which are provided for under
Section 3-8-5 or | 6 | | Section 3-10-5.
| 7 | | (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
| 10 | | the twelfth grade in the public school system in this State.
| 11 | | Other higher levels of attainment shall be encouraged and
| 12 | | 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
| 18 | | 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
| 23 | | 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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| 1 | | 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.
| 8 | | (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.
| 17 | | (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:
| 25 | | (1) that immediate medical or surgical treatment is | 26 | | required
relative to a condition threatening to cause |
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| 1 | | death, damage or
impairment to bodily functions, or | 2 | | disfigurement; and
| 3 | | (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.
| 17 | | (f) In the event that the person requires medical care and
| 18 | | treatment at a place other than the institution or facility,
| 19 | | the person may be removed therefrom under conditions prescribed
| 20 | | by the Department.
Neither the Department of Corrections nor | 21 | | the Department of Juvenile Justice may require a committed | 22 | | person or person committed to any facility operated by the | 23 | | Department of Juvenile Justice, as set
forth in Section | 24 | | 3-2.5-15 of this Code, to pay any co-payment for receiving | 25 | | medical or dental services. The Department shall require the | 26 | | committed person receiving medical or dental
services on a |
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| 1 | | non-emergency basis to pay a $5 co-payment to the Department | 2 | | for
each visit for medical or dental services. The amount of | 3 | | each co-payment shall be deducted from the
committed person's | 4 | | individual account.
A committed person who has a chronic | 5 | | illness, as defined by Department rules
and regulations, shall | 6 | | be exempt from the $5 co-payment for treatment of the
chronic | 7 | | illness. A committed person shall not be subject to a $5 | 8 | | co-payment
for follow-up visits ordered by a physician, who is | 9 | | employed by, or contracts
with, the Department. A committed | 10 | | person who is indigent is exempt from the
$5 co-payment
and is | 11 | | entitled to receive medical or dental services on the same | 12 | | basis as a
committed person who is financially able to afford | 13 | | the co-payment.
For purposes of this Section only, "indigent" | 14 | | means a committed person who has $20 or less in his or her | 15 | | Inmate Trust Fund at the time of such services and for the 30 | 16 | | days prior to such services. Notwithstanding any other | 17 | | provision in this subsection (f) to the contrary,
any person | 18 | | committed to any facility operated by the Department of | 19 | | Juvenile Justice, as set
forth in Section 3-2.5-15 of this | 20 | | Code, is exempt from the
co-payment requirement for the | 21 | | duration of confinement in those facilities.
| 22 | | (g) Any person having sole custody of a child at
the time | 23 | | of commitment or any woman giving birth to a child after
her | 24 | | commitment, may arrange through the Department of Children
and | 25 | | Family Services for suitable placement of the child outside
of | 26 | | the Department of Corrections. The Director of the Department
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| 1 | | of Corrections may determine that there are special reasons why
| 2 | | the child should continue in the custody of the mother until | 3 | | the
child is 6 years old.
| 4 | | (h) The Department may provide Family Responsibility | 5 | | Services which
may consist of, but not be limited to the | 6 | | following:
| 7 | | (1) family advocacy counseling;
| 8 | | (2) parent self-help group;
| 9 | | (3) parenting skills training;
| 10 | | (4) parent and child overnight program;
| 11 | | (5) parent and child reunification counseling, either | 12 | | separately or
together, preceding the inmate's release; | 13 | | and
| 14 | | (6) a prerelease reunification staffing involving the | 15 | | family advocate,
the inmate and the child's counselor, or | 16 | | both and the inmate.
| 17 | | (i) (Blank).
| 18 | | (j) Any person convicted of a sex offense as defined in the | 19 | | Sex Offender
Management Board Act shall be required to receive | 20 | | a sex offender evaluation
prior to release into the community | 21 | | from the Department of Corrections. The
sex offender evaluation | 22 | | shall be conducted in conformance with the standards
and | 23 | | guidelines developed under
the Sex Offender Management Board | 24 | | Act and by an evaluator approved by the
Board.
| 25 | | (k) Any minor committed to the Department of Juvenile | 26 | | Justice
for a sex offense as defined by the Sex Offender |
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| 1 | | Management Board Act shall be
required to undergo sex offender | 2 | | treatment by a treatment provider approved by
the Board and | 3 | | conducted in conformance with the Sex Offender Management Board
| 4 | | Act.
| 5 | | (l) Prior to the release of any inmate committed to a | 6 | | facility of the Department or the Department of Juvenile | 7 | | Justice, the Department must provide the inmate with | 8 | | appropriate information verbally, in writing, by video, or | 9 | | other electronic means, concerning HIV and AIDS. The Department | 10 | | shall develop the informational materials in consultation with | 11 | | the Department of Public Health. At the same time, the | 12 | | Department must also offer the committed person the option of | 13 | | testing for infection with human immunodeficiency virus (HIV), | 14 | | with no copayment for the test. Pre-test information shall be | 15 | | provided to the committed person and informed consent obtained | 16 | | as required in subsection (d) of Section 3 and Section 5 of the | 17 | | AIDS Confidentiality Act. The Department may conduct opt-out | 18 | | HIV testing as defined in Section 4 of the AIDS Confidentiality | 19 | | Act. If the Department conducts opt-out HIV testing, the | 20 | | Department shall place signs in English, Spanish and other | 21 | | languages as needed in multiple, highly visible locations in | 22 | | the area where HIV testing is conducted informing inmates that | 23 | | they will be tested for HIV unless they refuse, and refusal or | 24 | | acceptance of testing shall be documented in the inmate's | 25 | | medical record. The Department shall follow procedures | 26 | | established by the Department of Public Health to conduct HIV |
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| 1 | | testing and testing to confirm positive HIV test results. All | 2 | | testing must be conducted by medical personnel, but pre-test | 3 | | and other information may be provided by committed persons who | 4 | | have received appropriate training. The Department, in | 5 | | conjunction with the Department of Public Health, shall develop | 6 | | a plan that complies with the AIDS Confidentiality Act to | 7 | | deliver confidentially all positive or negative HIV test | 8 | | results to inmates or former inmates. Nothing in this Section | 9 | | shall require the Department to offer HIV testing to an inmate | 10 | | who is known to be infected with HIV, or who has been tested | 11 | | for HIV within the previous 180 days and whose documented HIV | 12 | | test result is available to the Department electronically. The
| 13 | | testing provided under this subsection (l) shall consist of a | 14 | | test approved by the Illinois Department of Public Health to | 15 | | determine the presence of HIV infection, based upon | 16 | | recommendations of the United States Centers for Disease | 17 | | Control and Prevention. If the test result is positive, a | 18 | | reliable supplemental test based upon recommendations of the | 19 | | United States Centers for Disease Control and Prevention shall | 20 | | be
administered.
| 21 | | Prior to the release of an inmate who the Department knows | 22 | | has tested positive for infection with HIV, the Department in a | 23 | | timely manner shall offer the inmate transitional case | 24 | | management, including referrals to other support services.
| 25 | | (m) The chief administrative officer of each institution or | 26 | | facility of the Department shall make a room in the institution |
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| 1 | | or facility available for addiction recovery services to be | 2 | | provided to committed persons on a voluntary basis. The | 3 | | services shall be provided for one hour once a week at a time | 4 | | specified by the chief administrative officer of the | 5 | | institution or facility if the following conditions are met: | 6 | | (1) the addiction recovery service contacts the chief | 7 | | administrative officer to arrange the meeting; | 8 | | (2) the committed person may attend the meeting for | 9 | | addiction recovery services only if the committed person | 10 | | uses pre-existing free time already available to the | 11 | | committed person; | 12 | | (3) all disciplinary and other rules of the institution | 13 | | or facility remain in effect; | 14 | | (4) the committed person is not given any additional | 15 | | privileges to attend addiction recovery services; | 16 | | (5) if the addiction recovery service does not arrange | 17 | | for scheduling a meeting for that week, no addiction | 18 | | recovery services shall be provided to the committed person | 19 | | in the institution or facility for that week; | 20 | | (6) the number of committed persons who may attend an | 21 | | addiction recovery meeting shall not exceed 40 during any | 22 | | session held at the correctional institution or facility; | 23 | | (7) a volunteer seeking to provide addiction recovery | 24 | | services under this subsection (m) must submit an | 25 | | application to the Department of Corrections under | 26 | | existing Department rules and the Department must review |
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| 1 | | the application within 60 days after submission of the | 2 | | application to the Department; and | 3 | | (8) each institution and facility of the Department | 4 | | shall manage the addiction recovery services program | 5 | | according to its own processes and procedures. | 6 | | For the purposes of this subsection (m), "addiction | 7 | | recovery services" means recovery services for alcoholics and | 8 | | addicts provided by volunteers of recovery support services | 9 | | recognized by the Department of Human Services. | 10 | | (Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323, | 11 | | eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12; | 12 | | 97-813, eff. 7-13-12.)
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