Rep. Stephanie A. Kifowit

Filed: 4/6/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4100

2    AMENDMENT NO. ______. Amend House Bill 4100 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Health Care Violence Prevention Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Health care worker" means a person licensed under the
8Nurse Practice Act, the Medical Practice Act of 1987, the
9Pharmacy Practice Act, and the Physician Assistant Practice Act
10of 1987.
11    "Nurse" means a person who is licensed to practice nursing
12under the Nurse Practice Act.
13    "Retail health care facility" means an institution, place,
14or building, or any portion thereof, that:
15        (1) is devoted to the maintenance and operation of a
16    facility for the performance of health care services and is

 

 

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1    located within a retail store at a specific location;
2        (2) does not provide surgical services or any form of
3    general anesthesia;
4        (3) does not provide beds or other accommodations for
5    either the long-term or overnight stay of patients; and
6        (4) discharges individual patients in an ambulatory
7    condition without danger to the continued well-being of the
8    patients and transfers non-ambulatory patients to
9    hospitals.
10    "Retail health care facility" does not include hospitals,
11long-term care facilities, ambulatory treatment centers, blood
12banks, clinical laboratories, offices of physicians, advanced
13practice registered nurses, podiatrists, and physician
14assistants, and pharmacies that provide limited health care
15services.
 
16    Section 10. Application. This Act applies to a retail
17health care facility, a hospital or facility subject to the
18Hospital Licensing Act, the University of Illinois Hospital
19Act, the MC/DD Act, or the ID/DD Community Care Act, and a
20veterans home as defined in the Department of Veterans Affairs
21Act.
22    This Act does not apply to an owner of an institution,
23place, building, or any portion of the institution, place, or
24building, who directly or indirectly leases space that is used
25by the lessee to operate a retail health care facility.
 

 

 

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1    Section 15. Workplace safety.
2    (a) A nurse that contacts law enforcement or files a
3complaint against a patient or individual because of workplace
4violence shall provide notice to management of the retail
5health care facility, hospital, facility licensed under the
6MC/DD Act or ID/DD Community Care Act, or veterans home in
7which he or she is employed within 3 days after contacting law
8enforcement or filing the complaint.
9    (b) No management of a retail health care facility,
10hospital, facility licensed under the MC/DD Act or ID/DD
11Community Care Act, or veterans home may discourage a health
12care worker from exercising his or her right to contact law
13enforcement or file a complaint because of workplace violence.
14    (c) A retail health care facility, hospital, facility
15licensed under the MC/DD Act or ID/DD Community Care Act, or
16veterans home that employs a nurse licensed under the Nurse
17Practice Act shall display a notice stating that verbal
18aggression will not be tolerated and physical assault will be
19prosecuted to the fullest extent of the law.
20    (d) The retail health care facility, hospital, facility
21licensed under the MC/DD Act or ID/DD Community Care Act, or
22veterans home shall offer mental health services for a health
23care worker that is a victim of workplace violence.
 
24    Section 20. Workplace violence prevention program.

 

 

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1    (a) A retail health care facility, hospital, facility
2licensed under the MC/DD Act or ID/DD Community Care Act, or
3veterans home shall create a workplace violence prevention
4program that references Occupational Safety and Health
5Administration guidelines for preventing workplace violence
6for health care and social service workers and includes:
7        (1) the following text: "Workplace violence is any act
8    or threat of physical violence, harassment, intimidation,
9    or other threatening disruptive behavior that occurs at the
10    work site. It ranges from threats and verbal abuse to
11    physical assaults and even homicide. It can affect and
12    involve employees, clients, customers and visitors.";
13        (2) the following classifications of workplace
14    violence as one of 4 possible types:
15            (A) "Type 1 violence" means workplace violence
16        committed by a person who has no legitimate business at
17        the work site and includes violent acts by anyone who
18        enters the workplace with the intent to commit a crime.
19            (B) "Type 2 violence" means workplace violence
20        directed at employees by customers, clients, patients,
21        students, inmates, visitors, or other individuals
22        accompanying a patient.
23            (C) "Type 3 violence" means workplace violence
24        against an employee by a present or former employee,
25        supervisor, or manager.
26            (D) "Type 4 violence" means workplace violence

 

 

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1        committed in the workplace by someone who does not work
2        there, but has or is known to have had a personal
3        relationship with an employee.
4        (3) management commitment and worker participation,
5    including, but not limited to, nurses;
6        (4) worksite analysis and identification of potential
7    hazards;
8        (5) hazard prevention and control;
9        (6) safety and health training with required hours
10    determined by rule; and
11        (7) recordkeeping and evaluation of the violence
12    prevention program.
13    The development of a workplace violence prevention program
14shall include, but not be limited to, the recommendations of
15the Occupational Safety and Health Administration guidelines
16for preventing workplace violence for health care and social
17service workers. The Department of Public Health and the
18Department of Veterans' Affairs may by rule adopt additional
19criteria for workplace violence prevention programs.
 
20    Section 25. Whistleblower protection.
21    (a) In this Section, "retaliatory action" means the
22reprimand, discharge, suspension, demotion, denial of
23promotion or transfer, or change in the terms and conditions of
24employment of any nurse employed by a retail health care
25facility, hospital, facility licensed under the MC/DD Act or

 

 

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1ID/DD Community Care Act, or veterans home that is taken in
2retaliation for the nurse's involvement in a protected activity
3as set forth in paragraphs (1) through (4) of subsection (b).
4    (b) A retail health care facility, hospital, facility
5licensed under the MC/DD Act or ID/DD Community Care Act, or
6veterans home may not take any retaliatory action against a
7nurse employed by the retail health care facility, hospital,
8facility licensed under the MC/DD Act or ID/DD Community Care
9Act, or veterans home because the nurse does any of the
10following:
11        (1) discloses or threatens to disclose to a supervisor
12    or to a public body an activity, policy, or practice
13    implemented by or inaction by a retail health care
14    facility, hospital, facility licensed under the MC/DD Act
15    or ID/DD Community Care Act, or veterans home that the
16    nurse reasonably believes is in violation of a law, rule,
17    or regulation;
18        (2) provides information to or testifies before any
19    public body conducting an investigation, hearing, or
20    inquiry into any violation of a law, rule, or regulation by
21    a retail health care facility, hospital, facility licensed
22    under the MC/DD Act or ID/DD Community Care Act, or
23    veterans home;
24        (3) files a complaint against a patient or individual
25    for assault that took place while working as a nurse in the
26    retail health care facility, hospital, facility licensed

 

 

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1    under the MC/DD Act or ID/DD Community Care Act, or
2    veterans home; or
3        (4) assists or participates in a proceeding to enforce
4    the provisions of this Act.
5    (c) A violation of this Section may be established only
6upon a finding that (i) the nurse employed by the retail health
7care facility, hospital, facility licensed under the MC/DD Act
8or ID/DD Community Care Act, or veterans home engaged in
9conduct described in subsection (b) of this Section, and (ii)
10this conduct was a contributing factor in the retaliatory
11action alleged by the nurse. There is no violation of this
12Section, however, if the retail health care facility, hospital,
13facility licensed under the MC/DD Act or ID/DD Community Care
14Act, or veterans home demonstrates by clear and convincing
15evidence that it would have taken the same unfavorable
16personnel action in the absence of that conduct.
17    (d) The nurse employed by the retail health care facility,
18hospital, facility licensed under the MC/DD Act or ID/DD
19Community Care Act, or veterans home may be awarded all
20remedies necessary to make the nurse whole and to prevent
21future violations of this Section. Remedies imposed by the
22court may include, but are not limited to, all of the
23following:
24        (1) Reinstatement of the nurse to either the same
25    position held before the retaliatory action or to an
26    equivalent position.

 

 

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1        (2) Two times the amount of back pay.
2        (3) Interest on the back pay.
3        (4) Reinstatement of full fringe benefits and
4    seniority rights.
5        (5) Payment of reasonable costs and attorney's fees.
6    (f) Nothing in this Section shall be deemed to diminish the
7rights, privileges, or remedies of a nurse employed by a retail
8health care facility, hospital, facility licensed under the
9MC/DD Act or ID/DD Community Care Act, or veterans home under
10any other federal or State law, rule, or regulation or under
11any employment contract.
 
12    Section 90. The Department of Veterans Affairs Act is
13amended by changing Section 2.07 as follows:
 
14    (20 ILCS 2805/2.07)  (from Ch. 126 1/2, par. 67.07)
15    Sec. 2.07. The Department shall employ and maintain
16sufficient and qualified staff at the veterans' homes (i) to
17fill all beds, subject to appropriation, and (ii) to fulfill
18the requirements of this Act. The Department shall report to
19the General Assembly, by January 1 and July 1 of each year, the
20number of staff employed in providing direct patient care at
21their veterans' homes, the compliance or noncompliance with
22staffing standards established by the United States Department
23of Veterans Affairs for such care, and in the event of
24noncompliance with such standards, the number of staff required

 

 

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1for compliance. For purposes of this Section, a nurse who has a
2license application pending with the State shall not be deemed
3unqualified by the Department if the nurse is in compliance
4with Section 50-15 of the Nurse Practice Act.
5    A veterans home is subject to the Health Care Violence
6Prevention Act.
7(Source: P.A. 96-699, eff. 8-25-09; 97-297, eff. 1-1-12.)
 
8    Section 95. The University of Illinois Hospital Act is
9amended by adding Section 10 as follows:
 
10    (110 ILCS 330/10 new)
11    Sec. 10. Compliance with the Health Care Violence
12Prevention Act. The University of Illinois Hospital shall
13comply with the Health Care Violence Prevention Act.
 
14    Section 100. The MC/DD Act is amended by adding Section
152-219 as follows:
 
16    (210 ILCS 46/2-219 new)
17    Sec. 2-219. Compliance with the Health Care Violence
18Prevention Act. A facility licensed under this Act shall comply
19with the Health Care Violence Prevention Act.
 
20    Section 105. The ID/DD Community Care Act is amended by
21adding Section 2-219 as follows:
 

 

 

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1    (210 ILCS 47/2-219 new)
2    Sec. 2-219. Compliance with the Health Care Violence
3Prevention Act. A facility licensed under this Act shall comply
4with the Health Care Violence Prevention Act.
 
5    Section 110. The Hospital Licensing Act is amended by
6adding Section 9.8 as follows:
 
7    (210 ILCS 85/9.8 new)
8    Sec. 9.8. Compliance with the Health Care Violence
9Prevention Act. A hospital licensed under this Act shall comply
10with the Health Care Violence Prevention Act.
 
11    Section 115. The Unified Code of Corrections is amended by
12changing Section 3-6-2 as follows:
 
13    (730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
14    Sec. 3-6-2. Institutions and Facility Administration.
15    (a) Each institution and facility of the Department shall
16be administered by a chief administrative officer appointed by
17the Director. A chief administrative officer shall be
18responsible for all persons assigned to the institution or
19facility. The chief administrative officer shall administer
20the programs of the Department for the custody and treatment of
21such persons.

 

 

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1    (b) The chief administrative officer shall have such
2assistants as the Department may assign.
3    (c) The Director or Assistant Director shall have the
4emergency powers to temporarily transfer individuals without
5formal procedures to any State, county, municipal or regional
6correctional or detention institution or facility in the State,
7subject to the acceptance of such receiving institution or
8facility, or to designate any reasonably secure place in the
9State as such an institution or facility and to make transfers
10thereto. However, transfers made under emergency powers shall
11be reviewed as soon as practicable under Article 8, and shall
12be subject to Section 5-905 of the Juvenile Court Act of 1987.
13This Section shall not apply to transfers to the Department of
14Human Services which are provided for under Section 3-8-5 or
15Section 3-10-5.
16    (d) The Department shall provide educational programs for
17all committed persons so that all persons have an opportunity
18to attain the achievement level equivalent to the completion of
19the twelfth grade in the public school system in this State.
20Other higher levels of attainment shall be encouraged and
21professional instruction shall be maintained wherever
22possible. The Department may establish programs of mandatory
23education and may establish rules and regulations for the
24administration of such programs. A person committed to the
25Department who, during the period of his or her incarceration,
26participates in an educational program provided by or through

 

 

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1the Department and through that program is awarded or earns the
2number of hours of credit required for the award of an
3associate, baccalaureate, or higher degree from a community
4college, college, or university located in Illinois shall
5reimburse the State, through the Department, for the costs
6incurred by the State in providing that person during his or
7her incarceration with the education that qualifies him or her
8for the award of that degree. The costs for which reimbursement
9is required under this subsection shall be determined and
10computed by the Department under rules and regulations that it
11shall establish for that purpose. However, interest at the rate
12of 6% per annum shall be charged on the balance of those costs
13from time to time remaining unpaid, from the date of the
14person's parole, mandatory supervised release, or release
15constituting a final termination of his or her commitment to
16the Department until paid.
17    (d-5) A person committed to the Department is entitled to
18confidential testing for infection with human immunodeficiency
19virus (HIV) and to counseling in connection with such testing,
20with no copay to the committed person. A person committed to
21the Department who has tested positive for infection with HIV
22is entitled to medical care while incarcerated, counseling, and
23referrals to support services, in connection with that positive
24test result. Implementation of this subsection (d-5) is subject
25to appropriation.
26    (e) A person committed to the Department who becomes in

 

 

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1need of medical or surgical treatment but is incapable of
2giving consent thereto shall receive such medical or surgical
3treatment by the chief administrative officer consenting on the
4person's behalf. Before the chief administrative officer
5consents, he or she shall obtain the advice of one or more
6physicians licensed to practice medicine in all its branches in
7this State. If such physician or physicians advise:
8        (1) that immediate medical or surgical treatment is
9    required relative to a condition threatening to cause
10    death, damage or impairment to bodily functions, or
11    disfigurement; and
12        (2) that the person is not capable of giving consent to
13    such treatment; the chief administrative officer may give
14    consent for such medical or surgical treatment, and such
15    consent shall be deemed to be the consent of the person for
16    all purposes, including, but not limited to, the authority
17    of a physician to give such treatment.
18    (e-5) If a physician providing medical care to a committed
19person on behalf of the Department advises the chief
20administrative officer that the committed person's mental or
21physical health has deteriorated as a result of the cessation
22of ingestion of food or liquid to the point where medical or
23surgical treatment is required to prevent death, damage, or
24impairment to bodily functions, the chief administrative
25officer may authorize such medical or surgical treatment.
26    (f) In the event that the person requires medical care and

 

 

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1treatment at a place other than the institution or facility,
2the person may be removed therefrom under conditions prescribed
3by the Department. The Department shall require the committed
4person receiving medical or dental services on a non-emergency
5basis to pay a $5 co-payment to the Department for each visit
6for medical or dental services. The amount of each co-payment
7shall be deducted from the committed person's individual
8account. A committed person who has a chronic illness, as
9defined by Department rules and regulations, shall be exempt
10from the $5 co-payment for treatment of the chronic illness. A
11committed person shall not be subject to a $5 co-payment for
12follow-up visits ordered by a physician, who is employed by, or
13contracts with, the Department. A committed person who is
14indigent is exempt from the $5 co-payment and is entitled to
15receive medical or dental services on the same basis as a
16committed person who is financially able to afford the
17co-payment. For purposes of this Section only, "indigent" means
18a committed person who has $20 or less in his or her Inmate
19Trust Fund at the time of such services and for the 30 days
20prior to such services. Notwithstanding any other provision in
21this subsection (f) to the contrary, any person committed to
22any facility operated by the Department of Juvenile Justice, as
23set forth in Section 3-2.5-15 of this Code, is exempt from the
24co-payment requirement for the duration of confinement in those
25facilities.
26    (f-5) If a person receives medical care and treatment at a

 

 

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1place other than an institution or facility of the Department
2of Corrections, a county, or a municipality, then the
3institution or facility shall:
4        (1) to the greatest extent practicable, notify the
5    hospital or medical facility that is treating the person
6    prior to the person's visit, particularly if the person is
7    a potentially violent individual;
8        (2) to the greatest extent practicable, ensure the
9    transferred person is accompanied by all available medical
10    records;
11        (3) provide 2 guards to accompany any person determined
12    by a law enforcement agency to be potentially violent or
13    who has been arrested for a violent crime at all times
14    during the visit to the hospital or medical facility; and
15        (4) prevent anyone, except medical personnel, from
16    visiting the person unless death is imminent. If death is
17    imminent:
18            (A) the hospital or medical facility shall follow
19        the rules required by the facility or institution for
20        visitation;
21            (B) the name of the visitor must be listed per the
22        facility's or institution's documentation;
23            (C) the visitor shall submit to the search of his
24        or her person or any personal property under his or her
25        control at any time;
26            (D) the visitor and person shall not have access to

 

 

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1        a telephone; and
2            (E) only one visitor may be allowed to meet with
3        the person at a time.
4    If a person receives medical care and treatment at a place
5other than an institution or facility of the Department of
6Corrections, a county, or a municipality, then the institution
7or facility shall ensure the person is wearing security
8restraints on wrists and ankles at all times.
9    The hospital or medical facility shall establish protocols
10for the receipt of incarcerated persons, particularly with
11regard to potentially violent individuals.
12    (f-10) If a person receives medical care and treatment at a
13place other than an institution or facility of the Department
14of Juvenile Justice, then the institution or facility shall:
15        (1) to the greatest extent practicable, notify the
16    hospital or medical facility that is treating the person
17    prior to the person's visit, particularly if the person is
18    a potentially violent individual;
19        (2) to the greatest extent practicable, ensure the
20    transferred person is accompanied by all available medical
21    records;
22        (3) to the greatest extent practicable, provide 2
23    guards to accompany the person at all times during the
24    visit to the hospital or medical facility; and
25        (4) prevent anyone, except medical personnel, parents,
26    and legal guardians, from visiting the person if death is

 

 

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1    not imminent. If death is imminent, anyone may visit the
2    person. In any situation in which a person is being
3    visited:
4            (A) the hospital or medical facility shall follow
5        the rules required by the facility or institution for
6        visitation;
7            (B) the name of the visitor must be listed per the
8        facility's or institution's documentation;
9            (C) the visitor shall submit to the search of his
10        or her person or any personal property under his or her
11        control at any time;
12            (D) the visitor and person shall not have access to
13        a telephone; and
14            (E) only one visitor may be allowed to meet with
15        the person at a time.
16    If a person receives medical care and treatment at a place
17other than an institution or facility of the Department of
18Juvenile Justice, then the institution or facility shall ensure
19the person is wearing security restraints on wrists and ankles.
20The decision to restrain a juvenile by wrists and ankles shall
21be collaboratively made by the medical team and the security
22personnel, but the medical team shall make the final decision.
23    The hospital or medical facility shall establish protocols
24for the receipt of incarcerated persons, particularly with
25regard to potentially violent individuals.
26    (g) Any person having sole custody of a child at the time

 

 

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1of commitment or any woman giving birth to a child after her
2commitment, may arrange through the Department of Children and
3Family Services for suitable placement of the child outside of
4the Department of Corrections. The Director of the Department
5of Corrections may determine that there are special reasons why
6the child should continue in the custody of the mother until
7the child is 6 years old.
8    (h) The Department may provide Family Responsibility
9Services which may consist of, but not be limited to the
10following:
11        (1) family advocacy counseling;
12        (2) parent self-help group;
13        (3) parenting skills training;
14        (4) parent and child overnight program;
15        (5) parent and child reunification counseling, either
16    separately or together, preceding the inmate's release;
17    and
18        (6) a prerelease reunification staffing involving the
19    family advocate, the inmate and the child's counselor, or
20    both and the inmate.
21    (i) (Blank).
22    (j) Any person convicted of a sex offense as defined in the
23Sex Offender Management Board Act shall be required to receive
24a sex offender evaluation prior to release into the community
25from the Department of Corrections. The sex offender evaluation
26shall be conducted in conformance with the standards and

 

 

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1guidelines developed under the Sex Offender Management Board
2Act and by an evaluator approved by the Board.
3    (k) Any minor committed to the Department of Juvenile
4Justice for a sex offense as defined by the Sex Offender
5Management Board Act shall be required to undergo sex offender
6treatment by a treatment provider approved by the Board and
7conducted in conformance with the Sex Offender Management Board
8Act.
9    (l) Prior to the release of any inmate committed to a
10facility of the Department or the Department of Juvenile
11Justice, the Department must provide the inmate with
12appropriate information verbally, in writing, by video, or
13other electronic means, concerning HIV and AIDS. The Department
14shall develop the informational materials in consultation with
15the Department of Public Health. At the same time, the
16Department must also offer the committed person the option of
17testing for infection with human immunodeficiency virus (HIV),
18with no copayment for the test. Pre-test information shall be
19provided to the committed person and informed consent obtained
20as required in subsection (d) of Section 3 and Section 5 of the
21AIDS Confidentiality Act. The Department may conduct opt-out
22HIV testing as defined in Section 4 of the AIDS Confidentiality
23Act. If the Department conducts opt-out HIV testing, the
24Department shall place signs in English, Spanish and other
25languages as needed in multiple, highly visible locations in
26the area where HIV testing is conducted informing inmates that

 

 

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1they will be tested for HIV unless they refuse, and refusal or
2acceptance of testing shall be documented in the inmate's
3medical record. The Department shall follow procedures
4established by the Department of Public Health to conduct HIV
5testing and testing to confirm positive HIV test results. All
6testing must be conducted by medical personnel, but pre-test
7and other information may be provided by committed persons who
8have received appropriate training. The Department, in
9conjunction with the Department of Public Health, shall develop
10a plan that complies with the AIDS Confidentiality Act to
11deliver confidentially all positive or negative HIV test
12results to inmates or former inmates. Nothing in this Section
13shall require the Department to offer HIV testing to an inmate
14who is known to be infected with HIV, or who has been tested
15for HIV within the previous 180 days and whose documented HIV
16test result is available to the Department electronically. The
17testing provided under this subsection (l) shall consist of a
18test approved by the Illinois Department of Public Health to
19determine the presence of HIV infection, based upon
20recommendations of the United States Centers for Disease
21Control and Prevention. If the test result is positive, a
22reliable supplemental test based upon recommendations of the
23United States Centers for Disease Control and Prevention shall
24be administered.
25    Prior to the release of an inmate who the Department knows
26has tested positive for infection with HIV, the Department in a

 

 

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1timely manner shall offer the inmate transitional case
2management, including referrals to other support services.
3    (m) The chief administrative officer of each institution or
4facility of the Department shall make a room in the institution
5or facility available for addiction recovery services to be
6provided to committed persons on a voluntary basis. The
7services shall be provided for one hour once a week at a time
8specified by the chief administrative officer of the
9institution or facility if the following conditions are met:
10        (1) the addiction recovery service contacts the chief
11    administrative officer to arrange the meeting;
12        (2) the committed person may attend the meeting for
13    addiction recovery services only if the committed person
14    uses pre-existing free time already available to the
15    committed person;
16        (3) all disciplinary and other rules of the institution
17    or facility remain in effect;
18        (4) the committed person is not given any additional
19    privileges to attend addiction recovery services;
20        (5) if the addiction recovery service does not arrange
21    for scheduling a meeting for that week, no addiction
22    recovery services shall be provided to the committed person
23    in the institution or facility for that week;
24        (6) the number of committed persons who may attend an
25    addiction recovery meeting shall not exceed 40 during any
26    session held at the correctional institution or facility;

 

 

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1        (7) a volunteer seeking to provide addiction recovery
2    services under this subsection (m) must submit an
3    application to the Department of Corrections under
4    existing Department rules and the Department must review
5    the application within 60 days after submission of the
6    application to the Department; and
7        (8) each institution and facility of the Department
8    shall manage the addiction recovery services program
9    according to its own processes and procedures.
10    For the purposes of this subsection (m), "addiction
11recovery services" means recovery services for alcoholics and
12addicts provided by volunteers of recovery support services
13recognized by the Department of Human Services.
14(Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323,
15eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12;
1697-813, eff. 7-13-12.)".