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Public Act 100-1186 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Police Act is amended by changing | ||||
Section 45 as follows: | ||||
(20 ILCS 2610/45) | ||||
(This Section may contain text from a Public Act with a | ||||
delayed effective date ) | ||||
Sec. 45. Compliance with the Health Care Violence | ||||
Prevention Act ; training . The Department shall comply with the | ||||
Health Care Violence Prevention Act and shall provide an | ||||
appropriate level of training for its officers concerning the | ||||
Health Care Violence Prevention Act .
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(Source: P.A. 100-1051, eff. 1-1-19.) | ||||
Section 10. The Health Care Violence Prevention Act is | ||||
amended by changing Section 30 as follows: | ||||
(210 ILCS 160/30) | ||||
(This Section may contain text from a Public Act with a | ||||
delayed effective date )
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Sec. 30. Medical care for committed persons.
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(a) If a committed person receives medical care and |
treatment at a place other than an institution or facility of | ||
the Department of Corrections, a county, or a municipality, | ||
then the institution or facility shall:
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(1) to the greatest extent practicable, notify the | ||
hospital or medical facility that is treating the committed | ||
person prior to the committed person's visit and notify the | ||
hospital or medical facility of any significant medical, | ||
mental health, recent violent actions, or other safety | ||
concerns regarding the patient;
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(2) to the greatest extent practicable, ensure the | ||
transferred committed person is accompanied by the most | ||
comprehensive medical records possible;
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(3) provide at least one guard trained in custodial | ||
escort and custody of high-risk committed persons to | ||
accompany any committed person. The custodial agency shall | ||
attest to such training for custodial escort and custody of | ||
high-risk committed persons through: (A) the training of | ||
the Department of Corrections , or Department of Juvenile | ||
Justice , or Department of State Police ; (B) law enforcement | ||
training that is substantially equivalent to the training | ||
of the Department of Corrections , or Department of Juvenile | ||
Justice , or Department of State Police ; or (C) the training | ||
described in Section 35. Under no circumstances may leg | ||
irons or shackles or waist shackles be used on any pregnant | ||
female prisoner who is in labor. In addition, restraint of | ||
a pregnant female prisoner in the custody of the Cook |
County shall comply with Section 3-15003.6 of the Counties | ||
Code. Additionally, restraints shall not be used on a | ||
committed person if medical personnel determine that the | ||
restraints would impede medical treatment; and | ||
(4) ensure that only medical personnel, Department of | ||
Corrections, county, or municipality personnel, and | ||
visitors on the committed person's approved institutional | ||
visitors list may visit the committed person. Visitation by | ||
a person on the committed person's approved institutional | ||
visitors list shall be subject to the rules and procedures | ||
of the hospital or medical facility and the Department of | ||
Corrections, county, or municipality. In any situation in | ||
which a committed person is being visited: | ||
(A) the name of the visitor must be listed per the | ||
facility's or institution's documentation; | ||
(B) the visitor shall submit to the search of his | ||
or her person or any personal property under his or her | ||
control at any time; and | ||
(C) the custodial agency may deny the committed | ||
person access to a telephone or limit the number of | ||
visitors the committed person may receive for purposes | ||
of safety. | ||
If a committed person receives medical care and treatment | ||
at a place other than an institution or facility of the | ||
Department of Corrections, county, or municipality, then the | ||
custodial agency shall ensure that the committed person is |
wearing security restraints in accordance with the custodial | ||
agency's rules and procedures if the custodial agency | ||
determines that restraints are necessary for the following | ||
reasons: (i) to prevent physical harm to the committed person | ||
or another person; (ii) because the committed person has a | ||
history of disruptive behavior that has placed others in | ||
potentially harmful situations or presents a substantial risk | ||
of inflicting physical harm on himself or herself or others as | ||
evidenced by recent behavior; or (iii) there is a well-founded | ||
belief that the committed person presents a substantial risk of | ||
flight. Under no circumstances may leg irons or shackles or | ||
waist shackles be used on any pregnant female prisoner who is | ||
in labor. In addition, restraint of a pregnant female prisoner | ||
in the custody of the Cook County shall comply with Section | ||
3-15003.6 of the Counties Code. | ||
The hospital or medical facility may establish protocols | ||
for the receipt of committed persons in collaboration with the | ||
Department of Corrections, county, or municipality, | ||
specifically with regard to potentially violent persons.
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(b) If a committed person receives medical care and | ||
treatment at a place other than an institution or facility of | ||
the Department of Juvenile Justice, then the institution or | ||
facility shall:
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(1) to the greatest extent practicable, notify the | ||
hospital or medical facility that is treating the committed | ||
person prior to the committed person's visit, and notify |
the hospital or medical facility of any significant | ||
medical, mental health, recent violent actions, or other | ||
safety concerns regarding the patient;
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(2) to the greatest extent practicable, ensure the | ||
transferred committed person is accompanied by the most | ||
comprehensive medical records possible;
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(3) provide: (A) at least one guard trained in | ||
custodial escort and custody of high-risk committed | ||
persons to accompany any committed person. The custodial | ||
agency shall attest to such training for custodial escort | ||
and custody of high-risk committed persons through: (i) the | ||
training of the Department of Corrections , or Department of | ||
Juvenile Justice, or Department of State Police, (ii) law | ||
enforcement training that is substantially equivalent to | ||
the training of the Department of Corrections , or | ||
Department of Juvenile Justice, or Department of State | ||
Police, or (iii) the training described in Section 35; or | ||
(B) 2 guards to accompany the committed person at all times | ||
during the visit to the hospital or medical facility; and
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(4) ensure that only medical personnel, Department of | ||
Juvenile Justice personnel, and visitors on the committed | ||
person's approved institutional visitors list may visit | ||
the committed person. Visitation by a person on the | ||
committed person's approved institutional visitors list | ||
shall be subject to the rules and procedures of the | ||
hospital or medical facility and the Department of Juvenile |
Justice. In any situation in which a committed person is | ||
being visited:
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(A) the name of the visitor must be listed per the | ||
facility's or institution's documentation;
| ||
(B) the visitor shall submit to the search of his | ||
or her person or any personal property under his or her | ||
control at any time;
and | ||
(C) the custodial agency may deny the committed | ||
person access to a telephone or limit the number of | ||
visitors the committed person may receive for purposes | ||
of safety. | ||
If a committed person receives medical care and treatment | ||
at a place other than an institution or facility of the | ||
Department of Juvenile Justice, then the Department of Juvenile | ||
Justice shall ensure that the committed person is wearing | ||
security restraints on either his or her wrists or ankles in | ||
accordance with the rules and procedures of the Department of | ||
Juvenile Justice if the Department of Juvenile Justice | ||
determines that restraints are necessary for the following | ||
reasons: (i) to prevent physical harm to the committed person | ||
or another person; (ii) because the committed person has a | ||
history of disruptive behavior that has placed others in | ||
potentially harmful situations or presents a substantial risk | ||
of inflicting physical harm on himself or herself or others as | ||
evidenced by recent behavior; or (iii) there is a well-founded | ||
belief that the committed person presents a substantial risk of |
flight. Any restraints used on a committed person under this | ||
paragraph shall be the least restrictive restraints necessary | ||
to prevent flight or physical harm to the committed person or | ||
another person. Restraints shall not be used on the committed | ||
person as provided in this paragraph if medical personnel | ||
determine that the restraints would impede medical treatment. | ||
Under no circumstances may leg irons or shackles or waist | ||
shackles be used on any pregnant female prisoner who is in | ||
labor. In addition, restraint of a pregnant female prisoner in | ||
the custody of the Cook County shall comply with Section | ||
3-15003.6 of the Counties Code. | ||
The hospital or medical facility may establish protocols | ||
for the receipt of committed persons in collaboration with the | ||
Department of Juvenile Justice, specifically with regard to | ||
persons recently exhibiting violence.
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(Source: P.A. 100-1051, eff. 1-1-19.) | ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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