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Public Act 093-0928
Public Act 0928 93RD GENERAL ASSEMBLY
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Public Act 093-0928 |
SB2653 Enrolled |
LRB093 18595 RLC 44318 b |
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| AN ACT concerning corrections.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Unified Code of Corrections is amended by | changing Section 3-6-2 as follows: | (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
| Sec. 3-6-2. Institutions and Facility Administration.
| (a) Each institution and facility of the Department shall | be
administered by a chief administrative officer appointed by
| the Director. A chief administrative officer shall be
| responsible for all persons assigned to the institution or
| facility. The chief administrative officer shall administer
| the programs of the Department for the custody and treatment
of | such persons.
| (b) The chief administrative officer shall have such | assistants
as the Department may assign.
| (c) The Director or Assistant Director shall have the
| emergency powers to temporarily transfer individuals without
| formal procedures to any State, county, municipal or regional
| correctional or detention institution or facility in the State,
| subject to the acceptance of such receiving institution or
| facility, or to designate any reasonably secure place in the
| State as such an institution or facility and to make transfers
| thereto. However, transfers made under emergency powers shall
| be reviewed as soon as practicable under Article 8, and shall
| be subject to Section 5-905 of the Juvenile Court Act of
1987. | This Section shall not apply to transfers to the Department of
| Human Services which are provided for under
Section 3-8-5 or | Section 3-10-5.
| (d) The Department shall provide educational programs for | all
committed persons so that all persons have an opportunity | to
attain the achievement level equivalent to the completion of
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| the twelfth grade in the public school system in this State.
| Other higher levels of attainment shall be encouraged and
| professional instruction shall be maintained wherever | possible.
The Department may establish programs of mandatory | education and may
establish rules and regulations for the | administration of such programs.
A person committed to the | Department who, during the period of his or her
incarceration, | participates in an educational program provided by or through
| the Department and through that program is awarded or earns the | number of
hours of credit required for the award of an | associate, baccalaureate, or
higher degree from a community | college, college, or university located in
Illinois shall | reimburse the State, through the Department, for the costs
| incurred by the State in providing that person during his or | her incarceration
with the education that qualifies him or her | for the award of that degree. The
costs for which reimbursement | is required under this subsection shall be
determined and | computed by the Department under rules and regulations that
it | shall establish for that purpose. However, interest at the rate | of 6%
per annum shall be charged on the balance of those costs | from time to time
remaining unpaid, from the date of the | person's parole, mandatory supervised
release, or release | constituting a final termination of his or her commitment
to | the Department until paid.
| (e) A person committed to the Department who becomes in | need
of medical or surgical treatment but is incapable of | giving
consent thereto shall receive such medical or surgical | treatment
by the chief administrative officer consenting on the | person's behalf.
Before the chief administrative officer | consents, he or she shall
obtain the advice of one or more | physicians licensed to practice medicine
in all its branches in | this State. If such physician or physicians advise:
| (1) that immediate medical or surgical treatment is | required
relative to a condition threatening to cause | death, damage or
impairment to bodily functions, or | disfigurement; and
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| (2) that the person is not capable of giving consent to | such treatment;
the chief administrative officer may give | consent for such
medical or surgical treatment, and such | consent shall be
deemed to be the consent of the person for | all purposes,
including, but not limited to, the authority | of a physician
to give such treatment. | (e-5) If a physician providing medical care to a committed | person on behalf of the Department advises the chief | administrative officer that the committed person's mental or | physical health has deteriorated as a result of the cessation | of ingestion of food or liquid to the point where medical or | surgical treatment is required to prevent death, damage, or | impairment to bodily functions, the chief administrative | officer may authorize such medical or surgical treatment.
| (f) In the event that the person requires medical care and
| treatment at a place other than the institution or facility,
| the person may be removed therefrom under conditions prescribed
| by the Department.
The Department shall require the committed | person receiving medical or dental
services on a non-emergency | basis to pay a $2 co-payment to the Department for
each visit | for medical or dental services. The amount of each co-payment | shall be deducted from the
committed person's individual | account.
A committed person who has a chronic illness, as | defined by Department rules
and regulations, shall be exempt | from the $2 co-payment for treatment of the
chronic illness. A | committed person shall not be subject to a $2 co-payment
for | follow-up visits ordered by a physician, who is employed by, or | contracts
with, the Department. A committed person who is | indigent is exempt from the
$2 co-payment
and is entitled to | receive medical or dental services on the same basis as a
| committed person who is financially able to afford the | co-payment.
Notwithstanding any other provision in this | subsection (f) to the contrary,
any person committed to any | facility operated by the Juvenile Division, as set
forth in | subsection (b) of Section 3-2-5 of this Code, is exempt from | the
co-payment requirement for the duration of confinement in |
| those facilities.
| (g) Any person having sole custody of a child at
the time | of commitment or any woman giving birth to a child after
her | commitment, may arrange through the Department of Children
and | Family Services for suitable placement of the child outside
of | the Department of Corrections. The Director of the Department
| of Corrections may determine that there are special reasons why
| the child should continue in the custody of the mother until | the
child is 6 years old.
| (h) The Department may provide Family Responsibility | Services which
may consist of, but not be limited to the | following:
| (1) family advocacy counseling;
| (2) parent self-help group;
| (3) parenting skills training;
| (4) parent and child overnight program;
| (5) parent and child reunification counseling, either | separately or
together, preceding the inmate's release; | and
| (6) a prerelease reunification staffing involving the | family advocate,
the inmate and the child's counselor, or | both and the inmate.
| (i) Prior to the release of any inmate who has a documented | history
of intravenous drug use, and upon the receipt of that | inmate's written
informed consent, the Department shall | provide for the testing of such
inmate for infection with human | immunodeficiency virus (HIV) and any other
identified | causative agent of acquired immunodeficiency syndrome (AIDS). | The
testing provided under this subsection shall consist of an | enzyme-linked
immunosorbent assay (ELISA) test or such other | test as may be approved by
the Illinois Department of Public | Health. If the test result is positive,
the Western Blot Assay | or more reliable confirmatory test shall be
administered. All | inmates tested in accordance with the provisions of this
| subsection shall be provided with pre-test and post-test | counseling.
Notwithstanding any provision of this subsection |
| to the contrary, the
Department shall not be required to | conduct the testing and counseling
required by this subsection | unless sufficient funds to cover all costs of
such testing and | counseling are appropriated for that
purpose by the General | Assembly.
| (j) Any person convicted of a sex offense as defined in the | Sex Offender
Management Board Act shall be required to receive | a sex offender evaluation
prior to release into the community | from the Department of Corrections. The
sex offender evaluation | shall be conducted in conformance with the standards
and | guidelines developed under
the Sex Offender Management Board | Act and by an evaluator approved by the
Board.
| (k) Any minor committed to the Department of | Corrections-Juvenile Division
for a sex offense as defined by | the Sex Offender Management Board Act shall be
required to | undergo sex offender treatment by a treatment provider approved | by
the Board and conducted in conformance with the Sex Offender | Management Board
Act.
| (Source: P.A. 92-292, eff. 8-9-01; 93-616, eff. 1-1-04.)
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Effective Date: 1/1/2005
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