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91_HB2561
LRB9104941RCks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 3-6-2 and adding Section 3-7-2.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Section 3-6-2 and adding Section 3-7-2.5 as follows:
7 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
8 Sec. 3-6-2. Institutions and Facility Administration.
9 (a) Each institution and facility of the Department
10 shall be administered by a chief administrative officer
11 appointed by the Director. A chief administrative officer
12 shall be responsible for all persons assigned to the
13 institution or facility. The chief administrative officer
14 shall administer the programs of the Department for the
15 custody and treatment of such persons.
16 (b) The chief administrative officer shall have such
17 assistants as the Department may assign.
18 (c) The Director or Assistant Director shall have the
19 emergency powers to temporarily transfer individuals without
20 formal procedures to any State, county, municipal or regional
21 correctional or detention institution or facility in the
22 State, subject to the acceptance of such receiving
23 institution or facility, or to designate any reasonably
24 secure place in the State as such an institution or facility
25 and to make transfers thereto. However, transfers made under
26 emergency powers shall be reviewed as soon as practicable
27 under Article 8, and shall be subject to Section 5-905 of the
28 Juvenile Court Act of 1987. This Section shall not apply to
29 transfers to the Department of Human Services which are
30 provided for under Section 3-8-5 or Section 3-10-5.
31 (d) The Department shall provide educational programs
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1 for all committed persons so that all persons have an
2 opportunity to attain the achievement level equivalent to the
3 completion of the twelfth grade in the public school system
4 in this State. Other higher levels of attainment shall be
5 encouraged and professional instruction shall be maintained
6 wherever possible. The Department may establish programs of
7 mandatory education and may establish rules and regulations
8 for the administration of such programs. A person committed
9 to the Department who, during the period of his or her
10 incarceration, participates in an educational program
11 provided by or through the Department and through that
12 program is awarded or earns the number of hours of credit
13 required for the award of an associate, baccalaureate, or
14 higher degree from a community college, college, or
15 university located in Illinois shall reimburse the State,
16 through the Department, for the costs incurred by the State
17 in providing that person during his or her incarceration with
18 the education that qualifies him or her for the award of that
19 degree. The costs for which reimbursement is required under
20 this subsection shall be determined and computed by the
21 Department under rules and regulations that it shall
22 establish for that purpose. However, interest at the rate of
23 6% per annum shall be charged on the balance of those costs
24 from time to time remaining unpaid, from the date of the
25 person's parole, mandatory supervised release, or release
26 constituting a final termination of his or her commitment to
27 the Department until paid.
28 (e) A person committed to the Department who becomes in
29 need of medical or surgical treatment but is incapable of
30 giving consent thereto shall receive such medical or surgical
31 treatment by the chief administrative officer consenting on
32 the person's behalf. Before the chief administrative officer
33 consents, he or she shall obtain the advice of one or more
34 physicians licensed to practice medicine in all its branches
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1 in this State. If such physician or physicians advise:
2 (1) that immediate medical or surgical treatment is
3 required relative to a condition threatening to cause
4 death, damage or impairment to bodily functions, or
5 disfigurement; and
6 (2) that the person is not capable of giving
7 consent to such treatment; the chief administrative
8 officer may give consent for such medical or surgical
9 treatment, and such consent shall be deemed to be the
10 consent of the person for all purposes, including, but
11 not limited to, the authority of a physician to give such
12 treatment.
13 (f) In the event that the person requires medical care
14 and treatment at a place other than the institution or
15 facility, the person may be removed therefrom under
16 conditions prescribed by the Department. The Department shall
17 require the committed person receiving medical or dental
18 services on a non-emergency basis to pay a $2 co-payment to
19 the Department for each visit for medical or dental services
20 at a place other than the institution or facility. The
21 amount of each co-payment shall be deducted from the
22 committed person's individual account. A committed person who
23 is indigent is exempt from the $2 co-payment and is entitled
24 to receive medical or dental services on the same basis as a
25 committed person who is financially able to afford the
26 co-payment.
27 (g) Any person having sole custody of a child at the
28 time of commitment or any woman giving birth to a child after
29 her commitment, may arrange through the Department of
30 Children and Family Services for suitable placement of the
31 child outside of the Department of Corrections. The Director
32 of the Department of Corrections may determine that there are
33 special reasons why the child should continue in the custody
34 of the mother until the child is 6 years old.
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1 (h) The Department may provide Family Responsibility
2 Services which may consist of, but not be limited to the
3 following:
4 (1) family advocacy counseling;
5 (2) parent self-help group;
6 (3) parenting skills training;
7 (4) parent and child overnight program;
8 (5) parent and child reunification counseling,
9 either separately or together, preceding the inmate's
10 release; and
11 (6) a prerelease reunification staffing involving
12 the family advocate, the inmate and the child's
13 counselor, or both and the inmate.
14 (i) Prior to the release of any inmate who has a
15 documented history of intravenous drug use, and upon the
16 receipt of that inmate's written informed consent, the
17 Department shall provide for the testing of such inmate for
18 infection with human immunodeficiency virus (HIV) and any
19 other identified causative agent of acquired immunodeficiency
20 syndrome (AIDS). The testing provided under this subsection
21 shall consist of an enzyme-linked immunosorbent assay (ELISA)
22 test or such other test as may be approved by the Illinois
23 Department of Public Health. If the test result is positive,
24 the Western Blot Assay or more reliable confirmatory test
25 shall be administered. All inmates tested in accordance with
26 the provisions of this subsection shall be provided with
27 pre-test and post-test counseling. Notwithstanding any
28 provision of this subsection to the contrary, the Department
29 shall not be required to conduct the testing and counseling
30 required by this subsection unless sufficient funds to cover
31 all costs of such testing and counseling are appropriated for
32 that purpose by the General Assembly.
33 (j) When a narcotic drug in pill form is administered to
34 a committed person by the Department or by an employee or
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1 agent of or person under contract with the Department, the
2 pill containing the narcotic drug must be crushed before its
3 administration to the committed person. As used in this
4 subsection (j), "narcotic drug" has the meaning ascribed to
5 it in subsection (a)(a) of Section 102 of the Illinois
6 Controlled Substances Act.
7 (k) The Department must establish rules providing for
8 the inspection of the consumption of all drugs, including
9 nonprescription drugs, administered to committed persons by
10 the Department or by agents or employees of or persons under
11 contract with the Department.
12 (l) Every committed person must be randomly tested for
13 the presence of drugs once per year.
14 (Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97;
15 90-14, eff. 7-1-97; 90-590, eff. 1-1-99.)
16 (730 ILCS 5/3-7-2.5 new)
17 Sec. 3-7-2.5. Drug testing in Department facilities.
18 (a) Every employee and administrative officer of a
19 Department facility must be randomly tested for the presence
20 of drugs once per year.
21 (1) Any refusal to take a drug test results in the
22 employee or officer's suspension without pay for one
23 month for the first offense.
24 (2) Any refusal to take a drug test results in a
25 dismissal from the Department of Corrections for a second
26 offense.
27 (3) Any positive drug test results in a dismissal
28 from the Department of Corrections.
29 (4) Any employee dismissed from the Department for
30 failure to take a test or for a positive test result may
31 not be rehired for a period of 4 years and must provide
32 proof of completion of a drug rehabilitation program.
33 (b) Every person, including a correctional officer or
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1 administrative officer, entering a Department facility must
2 be searched for drugs and contraband.
3 (c) A person observed committing a crime must be
4 referred to the State's Attorney's Office for prosecution.
5 Every violation must be reported to the Director.
6 (d) A notice must be posted at each Department facility
7 that anyone entering the facility can be subject to a body
8 cavity search.
9 (e) Any person who refuses to be searched may not be
10 allowed to enter the Department facility until he or she is
11 searched.