Public Act 097-0244
 
HB0204 EnrolledLRB097 05526 RLC 45587 b


  
    AN ACT concerning HIV testing.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Children and Family Services Act is amended  
by changing Section 22.3 as follows:
 



    (20 ILCS 505/22.3)  (from Ch. 23, par. 5022.3)



    Sec. 22.3. 
To provide human immunodeficiency virus (HIV) 
testing for
any child in the custody of the Department being 
placed in adoptive care,
upon the request of the child's

prospective adoptive parent.  Such testing test shall consist of 
a test approved by the Illinois Department of Public Health to 
determine the presence of HIV infection, based upon the 
recommendations of the United States Centers for Disease 
Control and Prevention an enzyme-linked
immunosorbent assay 
(ELISA) test to determine the presence of antibodies to
HIV, or 
such other test as may be approved by the Illinois Department 
of
Public Health; in the event of a positive result, a the 
Western Blot Assay or
a more reliable supplemental confirmatory 
test based upon recommendations of the United States Centers 
for Disease Control and Prevention shall also be administered.

The prospective adoptive parent requesting the test shall be

confidentially notified of the test result, and if the test is 
positive,
the Department shall provide the prospective 
adoptive parents and child with treatment and
counseling, as 
appropriate.
The Department shall report positive HIV test 
results to the Illinois
Department of Public Health.

(Source: P.A. 86-904.)

 
    Section 10. The Communicable Disease Prevention Act is 
amended  by changing Section 2a as follows:
 



    (410 ILCS 315/2a)  (from Ch. 111 1/2, par. 22.12a)



    Sec. 2a. 
Whenever a child of school age is reported to the 
Illinois
Department of Public Health or a local health 
department as having been
diagnosed as having acquired immune 
deficiency syndrome (AIDS) or
human immunodeficiency virus 
(HIV) based upon case definitions established by the United 
States Centers for Disease Control and Prevention AIDS-related 
complex (ARC) or as having been shown to have been exposed to

human immunodeficiency virus (HIV) or any other identified 
causative agent
of AIDS by testing positive on a Western Blot 
Assay or more reliable test based upon recommendations of the 
United States Centers for Disease Control and Prevention,
such 
department shall give prompt and confidential notice of the 
identity
of the child to the principal of the school in which 
the child is enrolled.
If the child is enrolled in a public 
school, the
principal shall disclose the identity of the child 
to the
superintendent of the school district in which the child 
resides.

    The principal may, as necessary, disclose the identity of 
an infected child
to:

    (1) the school nurse at that school;

    (2) the classroom
teachers in whose classes
the child is 
enrolled; and

    (3) those persons who, pursuant to federal or state law, 
are required to
decide the placement or educational program of 
the child.

    In addition, the principal may inform such other
persons as 
may be necessary that an infected child is enrolled at that 
school,
so long as the child's identity is not revealed.

(Source: P.A. 85-1399.)

 
    Section 15. The Criminal Code of 1961 is amended  by 
changing Section 12-18 as follows:
 



    (720 ILCS 5/12-18)  (from Ch. 38, par. 12-18)


    Sec. 12-18. General Provisions. 

    (a) No person accused of violating Sections 12-13, 12-14, 
12-15 or 12-16
of this Code shall be presumed to be incapable 
of committing an offense
prohibited by Sections 12-13, 12-14, 
12-14.1, 12-15 or 12-16 of this Code
because of age, physical 
condition or relationship to the victim, except as
otherwise 
provided in subsection (c) of this Section.  Nothing in this 
Section
shall be construed to modify or abrogate the 
affirmative defense of infancy
under Section 6-1 of this Code 
or the provisions of Section 5-805 of the
Juvenile Court Act of 
1987.

    (b) Any medical examination or procedure which is conducted 
by a physician,
nurse, medical or hospital personnel, parent, 
or caretaker for purposes
and in a manner consistent with 
reasonable medical standards is not an offense
under Sections 
12-13, 12-14, 12-14.1, 12-15 and 12-16 of this Code.

    (c) (Blank).

    (d) (Blank).

    (e) After a finding at a preliminary hearing that there is 
probable
cause to believe that an accused has committed a 
violation of Section
12-13, 12-14, or 12-14.1 of this Code, or 
after an indictment is returned
charging an accused with a 
violation of Section 12-13, 12-14, or 12-14.1 of
this Code,
or 
after a finding that a defendant charged with a violation of 
Section
12-13, 12-14, or 12-14.1 of this Code is unfit to stand 
trial pursuant to
Section 104-16 of the Code of
Criminal 
Procedure of 1963 where the finding is made prior to 
preliminary
hearing,
at the request of the person who was the 
victim of the violation of
Section 12-13, 12-14, or 12-14.1, 
the prosecuting State's attorney shall seek
an order from the 
court to compel the accused to be tested within 48 hours for 
any sexually
transmissible disease, including a test for 
infection with
human immunodeficiency virus (HIV).  The medical 
tests shall be
performed only
by appropriately licensed medical 
practitioners.  Such testing shall consist of a test approved by 
the Illinois Department of Public Health to determine the 
presence of HIV infection, based upon recommendations of the 
United States Centers for Disease Control and Prevention The 
test for infection with
human immunodeficiency virus (HIV) 
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; in the event of a
positive result, 
a the Western Blot Assay or a more reliable supplemental 
confirmatory
test based upon recommendations of the United 
States Centers for Disease Control and Prevention shall be 
administered.  The results of the tests and any follow-up tests 
shall be
kept
strictly confidential by all medical personnel 
involved in the testing and
must be personally delivered in a 
sealed envelope to the victim, to the defendant, to the State's 
Attorney, and to the
judge who entered the order, for the 
judge's inspection in camera.  The judge shall provide to the 
victim a referral to the Illinois Department of Public Health 
HIV/AIDS toll-free hotline for counseling and information in 
connection with the test result. Acting
in accordance with the 
best interests of the victim and the public, the
judge shall 
have the discretion to determine to whom, if anyone, the result

of the testing may be revealed; however, in no case shall the 
identity of
the victim be disclosed.  The court shall order that 
the cost of the tests
shall be paid by the county, and shall be 
taxed as costs against the accused
if convicted.

    (f) Whenever any law enforcement officer has reasonable 
cause to believe
that a person has been delivered a controlled 
substance without his or her
consent, the law enforcement 
officer shall advise the victim about seeking
medical treatment 
and preserving evidence.

    (g) Every hospital providing emergency hospital services 
to an alleged
sexual assault survivor, when there is reasonable

cause to believe that a person has been delivered a controlled 
substance
without his or her consent, shall designate personnel 
to provide:

        (1) An explanation to the victim about the nature and 
    effects of commonly
used controlled substances and how such 
    controlled substances are administered.

        (2) An offer to the victim of testing for the presence 
    of such controlled
substances.

        (3) A disclosure to the victim that all controlled 
    substances or alcohol
ingested by the victim will be 
    disclosed by the test.

        (4) A statement that the test is completely voluntary.

        (5) A form for written authorization for sample 
    analysis of all controlled
substances and alcohol ingested 
    by the victim.

    A physician licensed to practice medicine in all its 
branches may agree to
be a designated person under this 
subsection.

    No sample analysis may be performed unless the victim

returns a signed written authorization within 30 days

after the 
sample was
collected.

    Any medical treatment or care under this subsection shall 
be only in
accordance with the order of a physician licensed to 
practice medicine in all
of its branches.  Any testing under 
this subsection shall be only in accordance
with the order of a 
licensed individual authorized to order the testing.

(Source: P.A. 94-397, eff. 1-1-06; 95-926, eff. 8-26-08.)

 
    Section 20. The Unified Code of Corrections is amended  by 
changing Sections 3-6-2, 3-8-2, and 3-10-2 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

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.

    (d-5) A person committed to the Department is entitled to 
confidential testing for infection with human immunodeficiency 
virus (HIV) and to counseling in connection with such testing, 
with no copay to the committed person. A person committed to 
the Department who has tested positive for infection with HIV 
is entitled to medical care while incarcerated, counseling, and 
referrals to support services, in connection with that positive 
test result.  Implementation of this subsection (d-5) is subject 
to appropriation.


    (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


        (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 Department of Juvenile Justice, as set

forth in Section 3-2.5-15 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 a 
test approved by the Illinois Department of Public Health to 
determine the presence of HIV infection, based upon 
recommendations of the United States Centers for Disease 
Control and Prevention 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,
a reliable supplemental the Western Blot Assay or 
more reliable confirmatory test based upon recommendations of 
the United States Centers for Disease Control and Prevention 
shall be
administered. All inmates tested in accordance with 
the provisions of this
subsection shall be provided with 
pre-test information 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 Juvenile 
Justice

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.

    (l) Prior to the release of any inmate, the Department must 
provide the inmate with the option of testing for infection 
with human immunodeficiency virus (HIV), as well as counseling 
in connection with such testing, with no copayment for the 
test. At the same time, the Department shall require each such 
inmate to sign a form stating that the inmate has been informed 
of his or her rights with respect to the testing required to be 
offered under this subsection (l) and providing the inmate with 
an opportunity to indicate either that he or she wants to be 
tested or that he or she does not want to be tested. The 
Department, in consultation with the Department of Public 
Health, shall prescribe the contents of the form. The
testing 
provided under this subsection (l) shall consist of a test 
approved by the Illinois Department of Public Health to 
determine the presence of HIV infection, based upon 
recommendations of the United States Centers for Disease 
Control and Prevention an enzyme-linked
immunosorbent assay 
(ELISA) test or any other test approved by
the Department of 
Public Health. If the test result is positive,
a the Western 
Blot Assay or more reliable supplemental confirmatory test 
based upon recommendations of the United States Centers for 
Disease Control and Prevention shall be
administered.
    Prior to the release of an inmate who the Department knows 
has tested positive for infection with HIV, the Department in a 
timely manner shall offer the inmate transitional case 
management, including referrals to other support services.


    Implementation of this subsection (l) is subject to 
appropriation.

    (m)  The chief administrative officer of each institution or 
facility of the Department shall make a room in the institution 
or facility available for addiction recovery services to be 
provided to committed persons on a voluntary basis. The 
services shall be provided for one hour once a week at a time 
specified by the chief administrative officer of the 
institution or facility if the following conditions are met:
        (1)  the addiction recovery service contacts the chief 
    administrative officer to arrange the meeting;
        (2) the committed person may attend the meeting for 
    addiction recovery services only if the committed person 
    uses pre-existing free time already available to the 
    committed person;
        (3)  all disciplinary and other rules of the institution 
    or facility remain in effect;
        (4) the committed person is not given any additional 
    privileges to attend addiction recovery services;
        (5)  if the addiction recovery service does not arrange 
    for scheduling a meeting for that week, no addiction 
    recovery services shall be provided to the committed person 
    in the institution or facility for that week;
        (6)  the number of committed persons who may attend an 
    addiction recovery meeting shall not exceed 40 during any 
    session held at the correctional institution or facility;
        (7)  a volunteer seeking to provide addiction recovery 
    services under this subsection (m) must submit an 
    application to the Department of Corrections under 
    existing Department rules and the Department must review 
    the application within 60 days after submission of the 
    application to the Department; and
        (8)  each institution and facility of the Department 
    shall manage the addiction recovery services program 
    according to its own processes and procedures.
    For the purposes of this subsection (m), "addiction 
recovery services" means recovery services for alcoholics and 
addicts provided by volunteers of recovery support services 
recognized by  the Department of Human Services. 
(Source: P.A. 96-284, eff. 1-1-10.)

 



    (730 ILCS 5/3-8-2)  (from Ch. 38, par. 1003-8-2)



    Sec. 3-8-2. Social Evaluation; physical examination; 
HIV/AIDS. 
    (a) A social evaluation shall be made of a
committed 
person's medical, psychological, educational and vocational 
condition
and history, including the use of alcohol and other 
drugs, the
circumstances of his offense, and such other 
information as the Department
may determine. The committed 
person shall be assigned to an institution or
facility in so 
far as practicable in accordance with the social evaluation.

Recommendations shall be made for medical, dental, 
psychiatric,
psychological and social service treatment.

    (b) A record of the social evaluation shall be entered in 
the committed
person's master record file and shall be 
forwarded to the institution or
facility to which the person is 
assigned.

    (c) Upon admission to a correctional institution each 
committed person
shall be given a physical examination. If he 
is suspected of having a
communicable disease that in the 
judgment of the Department medical
personnel requires medical 
isolation, the committed person shall remain in
medical 
isolation until it is no longer deemed medically necessary.
    (d) Upon arrival at an inmate's final destination, the 
Department must provide the committed person with appropriate 
written information and counseling concerning HIV and AIDS. The 
Department shall develop the written materials in consultation 
with the Department of Public Health. At the same time, the 
Department also must offer the
committed person the option of 
being tested, with no copayment, for infection with human 
immunodeficiency virus (HIV). The Department shall require 
each committed person to sign a form stating that the committed 
person has been informed of his or her rights with respect to 
the testing required to be offered under this subsection (d) 
and providing the committed person with an opportunity to 
indicate either that he or she wants to be tested or that he or 
she does not want to be tested. The Department, in consultation 
with the Department of Public Health, shall prescribe the 
contents of the form. The
testing provided under this 
subsection (d) shall consist of a test approved by the Illinois 
Department of Public Health to determine the presence of HIV 
infection, based upon recommendations of the United States 
Centers for Disease Control and Prevention an enzyme-linked

immunosorbent assay (ELISA) test or any other test approved by

the Department of Public Health. If the test result is 
positive,
a the Western Blot Assay or more reliable 
supplemental confirmatory test based upon recommendations of 
the United States Centers for Disease Control and Prevention 
shall be
administered. Implementation of this subsection (d) is 
subject to appropriation.

(Source: P.A. 94-629, eff. 1-1-06.)

 


    (730 ILCS 5/3-10-2)  (from Ch. 38, par. 1003-10-2)




    Sec. 3-10-2. Examination of Persons Committed to the 
Department of Juvenile Justice. 

    (a) A person committed to the Department of Juvenile 
Justice shall be examined in
regard to his medical, 
psychological, social, educational and vocational
condition 
and history, including the use of alcohol and other drugs,
the 
circumstances of his offense and any other
information as the 
Department of Juvenile Justice may determine.

    (a-5) Upon admission of a person committed to the 
Department of Juvenile Justice, the Department of Juvenile 
Justice must provide the person with appropriate written 
information and counseling concerning HIV and AIDS. The 
Department of Juvenile Justice shall develop the written 
materials in consultation with the Department of Public Health. 
At the same time, the Department of Juvenile Justice also must 
offer the person the option of being tested, at no charge to 
the person, for infection with human immunodeficiency virus 
(HIV) or any other identified causative agent of acquired 
immunodeficiency syndrome (AIDS). The Department of Juvenile 
Justice shall require each person committed to the Department 
of Juvenile Justice to sign a form stating that the person has 
been informed of his or her rights with respect to the testing 
required to be offered under this subsection (a-5) and 
providing the person with an opportunity to indicate either 
that he or she wants to be tested or that he or she does not 
want to be tested. The Department of Juvenile Justice, in 
consultation with the Department of Public Health, shall 
prescribe the contents of the form. The testing provided under 
this subsection (a-5) shall consist of a test approved by the 
Illinois Department of Public Health to determine the presence 
of HIV infection, based upon recommendations of the United 
States Centers for Disease Control and Prevention an 
enzyme-linked immunosorbent assay (ELISA) test or any other 
test approved by the Department of Public Health. If the test 
result is positive, a the Western Blot Assay or more reliable 
supplemental confirmatory test based upon recommendations of 
the United States Centers for Disease Control and Prevention 
shall be administered.
    Also upon admission of a person committed to the Department 
of Juvenile Justice, the Department of Juvenile Justice must  
inform the person of the Department's obligation to provide the 
person with medical care.

    Implementation of this subsection (a-5) is subject to 
appropriation.

    (b) Based on its examination, the Department of Juvenile 
Justice may exercise the following
powers in developing a 
treatment program of any person committed to the Department of 
Juvenile Justice:


        (1) Require participation by him in vocational, 
    physical, educational
and corrective training and 
    activities to return him to the community.


        (2) Place him in any institution or facility of the 
    Department of Juvenile Justice.


        (3) Order replacement or referral to the Parole and 
    Pardon Board as
often as it deems desirable. The Department 
    of Juvenile Justice shall refer the person to the
Parole 
    and Pardon Board as required under Section 3-3-4.


        (4) Enter into agreements with the Secretary of Human 
    Services and
the Director of Children and Family
Services, 
    with courts having probation officers, and with private 
    agencies
or institutions for separate care or special 
    treatment of persons subject
to the control of the 
    Department of Juvenile Justice.

    (c) The Department of Juvenile Justice shall make periodic 
reexamination of all persons
under the control of the 
Department of Juvenile Justice to determine whether existing

orders in individual cases should be modified or continued. 
This
examination shall be made with respect to every person at 
least once
annually.

    (d) A record of the treatment decision including any 
modification
thereof and the reason therefor, shall be part of 
the committed person's
master record file.

    (e) The Department of Juvenile Justice shall by certified 
mail, return receipt requested,
notify the parent, guardian or 
nearest relative of any person committed to
the Department of 
Juvenile Justice of his physical location and any change 
thereof.

(Source: P.A. 94-629, eff. 1-1-06; 94-696, eff. 6-1-06.)

 
    Section 25. The County Jail Act is amended  by changing 
Section 17.10 as follows:
 
    (730 ILCS 125/17.10)
    Sec. 17.10. Requirements in connection with HIV/AIDS.
    (a) In each county other than Cook, during the medical 
admissions exam, the warden of the jail, a correctional officer 
at the jail, or a member of the jail medical staff must provide 
the prisoner with appropriate written information concerning 
human immunodeficiency virus (HIV) and acquired 
immunodeficiency syndrome (AIDS). The Department of Public 
Health and community-based organizations certified to provide 
HIV/AIDS testing must provide these informational materials to 
the warden at no cost to the county. The warden, a correctional 
officer, or a member of the jail medical staff must inform the 
prisoner of the option of being tested for infection with HIV 
by a certified local community-based agency or other available 
medical provider at no charge to the prisoner.
    (b) In Cook County, during the medical admissions exam, an 
employee of the Cook County Bureau of Health Services must 
provide the prisoner with appropriate written information 
concerning human immunodeficiency virus (HIV) and acquired 
immunodeficiency syndrome (AIDS) and must also provide the 
prisoner with option of testing for infection with HIV or any 
other identified causative agent of AIDS, as well as counseling 
in connection with such testing. The Department of Public 
Health and community-based organizations certified to provide 
HIV/AIDS testing must provide these informational materials to 
the Bureau at no cost to the county. The
testing provided under 
this subsection (b) shall be conducted by the Cook County 
Bureau of Health Services and shall consist of a test approved 
by the Illinois Department of Public Health to determine the 
presence of HIV infection, based upon recommendations of the 
United States Centers for Disease Control and Prevention an 
enzyme-linked
immunosorbent assay (ELISA) test or any other 
test approved by
the Department of Public Health. If the test 
result is positive,
a the Western Blot Assay or more reliable 
supplemental confirmatory test based upon recommendations of 
the United States Centers for Disease Control and Prevention 
shall be
administered.
    (c) In each county, the warden of the jail must make 
appropriate written information concerning HIV/AIDS available 
to every visitor to the jail. This information must include 
information concerning persons or entities to contact for local 
counseling and testing. The Department of Public Health and 
community-based organizations certified to provide HIV/AIDS 
testing must provide these informational materials to the 
warden at no cost to the office of the county sheriff.
    (d) Implementation of this Section is subject to 
appropriation.

(Source: P.A. 94-629, eff. 1-1-06.)
  
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.

Effective Date:  8/4/2011