100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4133

 

Introduced , by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-8-2  from Ch. 38, par. 1003-8-2
730 ILCS 5/3-8-4  from Ch. 38, par. 1003-8-4
730 ILCS 5/3-10-2  from Ch. 38, par. 1003-10-2
730 ILCS 5/3-10-4  from Ch. 38, par. 1003-10-4

    Amends the Unified Code of Corrections. Provides that a committed person to the Department of Corrections or the Department of Juvenile Justice shall be assigned to an institution or facility in so far as practicable in accordance with the committed person's social evaluation and nearest to his or her last known residence address. Provides that if a committed person is assigned to an institution or facility that is appropriate based upon his or her social evaluation but is not nearest to his or her last known residence address because the institution or facility does not have the capacity to house the committed person, the committed person shall be transferred to the institution or facility nearest to his or her last known residence address when the capacity to house him or her is available.


LRB100 15258 RLC 30164 b

 

 

A BILL FOR

 

HB4133LRB100 15258 RLC 30164 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-8-2, 3-8-4, 3-10-2, and 3-10-4 as follows:
 
6    (730 ILCS 5/3-8-2)  (from Ch. 38, par. 1003-8-2)
7    Sec. 3-8-2. Social Evaluation; physical examination;
8HIV/AIDS.
9    (a) A social evaluation shall be made of a committed
10person's medical, psychological, educational and vocational
11condition and history, including the use of alcohol and other
12drugs, the circumstances of his offense, and such other
13information as the Department may determine. The committed
14person shall be assigned to an institution or facility in so
15far as practicable in accordance with the social evaluation and
16nearest to his or her last known residence address.
17Recommendations shall be made for medical, dental,
18psychiatric, psychological and social service treatment.
19    (b) A record of the social evaluation shall be entered in
20the committed person's master record file and shall be
21forwarded to the institution or facility to which the person is
22assigned.
23    (c) Upon admission to a correctional institution each

 

 

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1committed person shall be given a physical examination. If he
2is suspected of having a communicable disease that in the
3judgment of the Department medical personnel requires medical
4isolation, the committed person shall remain in medical
5isolation until it is no longer deemed medically necessary.
6    (d) Upon arrival at a reception and classification center
7or an inmate's final destination, the Department must provide
8the committed person with appropriate information in writing,
9verbally, by video or other electronic means concerning HIV and
10AIDS. The Department shall develop the informational materials
11in consultation with the Department of Public Health. At the
12same time, the Department also must offer the committed person
13the option of being tested, with no copayment, for infection
14with human immunodeficiency virus (HIV). Pre-test information
15shall be provided to the committed person and informed consent
16obtained as required in subsection (q) of Section 3 and Section
175 of the AIDS Confidentiality Act. The Department may conduct
18opt-out HIV testing as defined in Section 4 of the AIDS
19Confidentiality Act. If the Department conducts opt-out HIV
20testing, the Department shall place signs in English, Spanish
21and other languages as needed in multiple, highly visible
22locations in the area where HIV testing is conducted informing
23inmates that they will be tested for HIV unless they refuse,
24and refusal or acceptance of testing shall be documented in the
25inmate's medical record. The Department shall follow
26procedures established by the Department of Public Health to

 

 

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1conduct HIV testing and testing to confirm positive HIV test
2results. All testing must be conducted by medical personnel,
3but pre-test and other information may be provided by committed
4persons who have received appropriate training. The
5Department, in conjunction with the Department of Public
6Health, shall develop a plan that complies with the AIDS
7Confidentiality Act to deliver confidentially all positive or
8negative HIV test results to inmates or former inmates. Nothing
9in this Section shall require the Department to offer HIV
10testing to an inmate who is known to be infected with HIV, or
11who has been tested for HIV within the previous 180 days and
12whose documented HIV test result is available to the Department
13electronically. The testing provided under this subsection (d)
14shall consist of a test approved by the Illinois Department of
15Public Health to determine the presence of HIV infection, based
16upon recommendations of the United States Centers for Disease
17Control and Prevention. If the test result is positive, a
18reliable supplemental test based upon recommendations of the
19United States Centers for Disease Control and Prevention shall
20be administered.
21(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11;
2297-813, eff. 7-13-12; 98-1046, eff. 1-1-15.)
 
23    (730 ILCS 5/3-8-4)  (from Ch. 38, par. 1003-8-4)
24    Sec. 3-8-4. Intradivisional Transfers.
25    (a) After the initial assignments under Sections 3-8-2 and

 

 

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13-8-3, all transfers of committed persons to another
2institution or facility shall be reviewed and approved by a
3person or persons designated by the Director. If a committed
4person is assigned to an institution or facility that is
5appropriate based upon his or her social evaluation but is not
6nearest to his or her last known residence address because the
7institution or facility does not have the capacity to house the
8committed person, the committed person shall be transferred to
9the institution or facility nearest to his or her last known
10residence address when the capacity to house him or her is
11available. A record of each transfer and the reasons therefor
12shall be included in the person's master record file.
13    (b) Transfers to facilities for psychiatric treatment and
14care within the Department shall be made only after prior
15psychiatric examination and certification to the Director that
16such transfer is required. Persons in facilities for
17psychiatric treatment and care within the Department shall be
18reexamined at least every 6 months. Persons found to no longer
19require psychiatric treatment and care shall be transferred to
20other facilities of the Department.
21(Source: P.A. 77-2097.)
 
22    (730 ILCS 5/3-10-2)  (from Ch. 38, par. 1003-10-2)
23    (Text of Section before amendment by P.A. 100-19)
24    Sec. 3-10-2. Examination of persons committed to the
25Department of Juvenile Justice.

 

 

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1    (a) A person committed to the Department of Juvenile
2Justice shall be examined in regard to his medical,
3psychological, social, educational and vocational condition
4and history, including the use of alcohol and other drugs, the
5circumstances of his offense and any other information as the
6Department of Juvenile Justice may determine.
7    (a-5) Upon admission of a person committed to the
8Department of Juvenile Justice, the Department of Juvenile
9Justice must provide the person with appropriate information
10concerning HIV and AIDS in writing, verbally, or by video or
11other electronic means. The Department of Juvenile Justice
12shall develop the informational materials in consultation with
13the Department of Public Health. At the same time, the
14Department of Juvenile Justice also must offer the person the
15option of being tested, at no charge to the person, for
16infection with human immunodeficiency virus (HIV). Pre-test
17information shall be provided to the committed person and
18informed consent obtained as required in subsection (q) of
19Section 3 and Section 5 of the AIDS Confidentiality Act. The
20Department of Juvenile Justice may conduct opt-out HIV testing
21as defined in Section 4 of the AIDS Confidentiality Act. If the
22Department conducts opt-out HIV testing, the Department shall
23place signs in English, Spanish and other languages as needed
24in multiple, highly visible locations in the area where HIV
25testing is conducted informing inmates that they will be tested
26for HIV unless they refuse, and refusal or acceptance of

 

 

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

 

 

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1person with medical care.
2    (b) Based on its examination, the Department of Juvenile
3Justice may exercise the following powers in developing a
4treatment program of any person committed to the Department of
5Juvenile Justice:
6        (1) Require participation by him in vocational,
7    physical, educational and corrective training and
8    activities to return him to the community.
9        (2) Place him in any institution or facility of the
10    Department of Juvenile Justice.
11        (3) Order replacement or referral to the Parole and
12    Pardon Board as often as it deems desirable. The Department
13    of Juvenile Justice shall refer the person to the Parole
14    and Pardon Board as required under Section 3-3-4.
15        (4) Enter into agreements with the Secretary of Human
16    Services and the Director of Children and Family Services,
17    with courts having probation officers, and with private
18    agencies or institutions for separate care or special
19    treatment of persons subject to the control of the
20    Department of Juvenile Justice.
21    (c) The Department of Juvenile Justice shall make periodic
22reexamination of all persons under the control of the
23Department of Juvenile Justice to determine whether existing
24orders in individual cases should be modified or continued.
25This examination shall be made with respect to every person at
26least once annually.

 

 

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1    (d) A record of the treatment decision including any
2modification thereof and the reason therefor, shall be part of
3the committed person's master record file.
4    (e) The Department of Juvenile Justice shall by certified
5mail and telephone or electronic message notify the parent,
6guardian or nearest relative of any person committed to the
7Department of Juvenile Justice of his or her physical location
8and any change thereof.
9(Source: P.A. 98-689, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78,
10eff. 7-20-15.)
 
11    (Text of Section after amendment by P.A. 100-19)
12    Sec. 3-10-2. Examination of persons committed to the
13Department of Juvenile Justice.
14    (a) A person committed to the Department of Juvenile
15Justice shall be examined in regard to his medical,
16psychological, social, educational and vocational condition
17and history, including the use of alcohol and other drugs, the
18circumstances of his offense and any other information as the
19Department of Juvenile Justice may determine.
20    (a-5) Upon admission of a person committed to the
21Department of Juvenile Justice, the Department of Juvenile
22Justice must provide the person with appropriate information
23concerning HIV and AIDS in writing, verbally, or by video or
24other electronic means. The Department of Juvenile Justice
25shall develop the informational materials in consultation with

 

 

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1the Department of Public Health. At the same time, the
2Department of Juvenile Justice also must offer the person the
3option of being tested, at no charge to the person, for
4infection with human immunodeficiency virus (HIV). Pre-test
5information shall be provided to the committed person and
6informed consent obtained as required in subsection (q) of
7Section 3 and Section 5 of the AIDS Confidentiality Act. The
8Department of Juvenile Justice may conduct opt-out HIV testing
9as defined in Section 4 of the AIDS Confidentiality Act. If the
10Department conducts opt-out HIV testing, the Department shall
11place signs in English, Spanish and other languages as needed
12in multiple, highly visible locations in the area where HIV
13testing is conducted informing inmates that they will be tested
14for HIV unless they refuse, and refusal or acceptance of
15testing shall be documented in the inmate's medical record. The
16Department shall follow procedures established by the
17Department of Public Health to conduct HIV testing and testing
18to confirm positive HIV test results. All testing must be
19conducted by medical personnel, but pre-test and other
20information may be provided by committed persons who have
21received appropriate training. The Department, in conjunction
22with the Department of Public Health, shall develop a plan that
23complies with the AIDS Confidentiality Act to deliver
24confidentially all positive or negative HIV test results to
25inmates or former inmates. Nothing in this Section shall
26require the Department to offer HIV testing to an inmate who is

 

 

HB4133- 10 -LRB100 15258 RLC 30164 b

1known to be infected with HIV, or who has been tested for HIV
2within the previous 180 days and whose documented HIV test
3result is available to the Department electronically. The
4testing provided under this subsection (a-5) shall consist of a
5test approved by the Illinois Department of Public Health to
6determine the presence of HIV infection, based upon
7recommendations of the United States Centers for Disease
8Control and Prevention. If the test result is positive, a
9reliable supplemental test based upon recommendations of the
10United States Centers for Disease Control and Prevention shall
11be administered.
12    Also upon admission of a person committed to the Department
13of Juvenile Justice, the Department of Juvenile Justice must
14inform the person of the Department's obligation to provide the
15person with medical care.
16    (b) Based on its examination, the Department of Juvenile
17Justice may exercise the following powers in developing a
18treatment program of any person committed to the Department of
19Juvenile Justice:
20        (1) Require participation by him in vocational,
21    physical, educational and corrective training and
22    activities to return him to the community.
23        (2) Place him in any institution or facility of the
24    Department of Juvenile Justice nearest to his or her last
25    known residence address in so far as practicable.
26        (3) Order replacement or referral to the Parole and

 

 

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1    Pardon Board as often as it deems desirable. The Department
2    of Juvenile Justice shall refer the person to the Parole
3    and Pardon Board as required under Section 3-3-4.
4        (4) Enter into agreements with the Secretary of Human
5    Services and the Director of Children and Family Services,
6    with courts having probation officers, and with private
7    agencies or institutions for separate care or special
8    treatment of persons subject to the control of the
9    Department of Juvenile Justice.
10    (c) The Department of Juvenile Justice shall make periodic
11reexamination of all persons under the control of the
12Department of Juvenile Justice to determine whether existing
13orders in individual cases should be modified or continued.
14This examination shall be made with respect to every person at
15least once annually.
16    (d) A record of the treatment decision including any
17modification thereof and the reason therefor, shall be part of
18the committed person's master record file.
19    (e) The Department of Juvenile Justice shall by regular
20mail and telephone or electronic message notify the parent,
21guardian, or nearest relative of any person committed to the
22Department of Juvenile Justice of his or her physical location
23and any change of his or her physical location.
24(Source: P.A. 99-78, eff. 7-20-15; 100-19, eff. 1-1-18.)
 
25    (730 ILCS 5/3-10-4)  (from Ch. 38, par. 1003-10-4)

 

 

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1    Sec. 3-10-4. Intradivisional Transfers.
2    (a) The transfer of committed persons between institutions
3or facilities of the Department of Juvenile Justice shall be
4under this Section, except that emergency transfers shall be
5under Section 3-6-2.
6    (b) The chief administrative officer of an institution or
7facility desiring to transfer a committed person to another
8institution or facility shall notify the Director of Juvenile
9Justice or his delegate of the basis for the transfer. The
10Director or his delegate shall approve or deny such request.
11    If a committed person is assigned to an institution or
12facility of the Department of Juvenile Justice that is
13appropriate based upon his or her evaluation under Section
143-10-2 but is not nearest to his or her last known residence
15address because the institution or facility does not have the
16capacity to house the committed person, the committed person
17shall be transferred to the institution or facility of the
18Department of Juvenile Justice nearest to his or her last known
19residence address when the capacity to house him or her is
20available.
21    (c) If a transfer request is made by a committed person or
22his parent, guardian or nearest relative, the chief
23administrative officer of the institution or facility from
24which the transfer is requested shall notify the Director of
25Juvenile Justice or his delegate of the request, the reasons
26therefor and his recommendation. The Director of Juvenile

 

 

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1Justice or his delegate shall either grant the request or if he
2denies the request he shall advise the person or his parent,
3guardian or nearest relative of the basis for the denial.
4(Source: P.A. 94-696, eff. 6-1-06.)
 
5    Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.