Rep. Camille Y. Lilly

Filed: 4/20/2018





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2    AMENDMENT NO. ______. Amend House Bill 5308 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Public Aid Code is amended by
5changing Section 5-4.1 as follows:
6    (305 ILCS 5/5-4.1)  (from Ch. 23, par. 5-4.1)
7    Sec. 5-4.1. Co-payments. The Department may by rule provide
8that recipients under any Article of this Code shall pay a fee
9as a co-payment for services. Co-payments shall be maximized to
10the extent permitted by federal law, except that the Department
11shall impose a co-pay of $2 on generic drugs. Provided,
12however, that any such rule must provide that no co-payment
13requirement can exist for renal dialysis, radiation therapy,
14cancer chemotherapy, or insulin, and other products necessary
15on a recurring basis, the absence of which would be life
16threatening, or where co-payment expenditures for required



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1services and/or medications for chronic diseases that the
2Illinois Department shall by rule designate shall cause an
3extensive financial burden on the recipient, and provided no
4co-payment shall exist for emergency room encounters which are
5for medical emergencies. The Department shall seek approval of
6a State plan amendment that allows pharmacies to refuse to
7dispense drugs in circumstances where the recipient does not
8pay the required co-payment. Co-payments may not exceed $10 for
9emergency room use for a non-emergency situation as defined by
10the Department by rule and subject to federal approval.
11    Notwithstanding the other provisions of this Section or any
12other law, the Department shall not require any person
13committed to the custody of the Department of Corrections who
14is eligible for medical assistance under this Article to pay a
15fee as a co-payment for services.
16(Source: P.A. 96-1501, eff. 1-25-11; 97-74, eff. 6-30-11;
1797-689, eff. 6-14-12.)
18    Section 10. The Unified Code of Corrections is amended by
19changing Section 3-6-2 as follows:
20    (730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
21    Sec. 3-6-2. Institutions and Facility Administration.
22    (a) Each institution and facility of the Department shall
23be administered by a chief administrative officer appointed by
24the Director. A chief administrative officer shall be



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



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



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



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1surgical treatment is required to prevent death, damage, or
2impairment to bodily functions, the chief administrative
3officer may authorize such medical or surgical treatment.
4    (f) In the event that the person requires medical care and
5treatment at a place other than the institution or facility,
6the person may be removed therefrom under conditions prescribed
7by the Department. The Department shall not require any
8committed person receiving medical or dental treatment or
9services to pay a fee as a co-payment for such treatment or
10services. The Department shall require the committed person
11receiving medical or dental services on a non-emergency basis
12to pay a $5 co-payment to the Department for each visit for
13medical or dental services. The amount of each co-payment shall
14be deducted from the committed person's individual account. A
15committed person who has a chronic illness, as defined by
16Department rules and regulations, shall be exempt from the $5
17co-payment for treatment of the chronic illness. A committed
18person shall not be subject to a $5 co-payment for follow-up
19visits ordered by a physician, who is employed by, or contracts
20with, the Department. A committed person who is indigent is
21exempt from the $5 co-payment and is entitled to receive
22medical or dental services on the same basis as a committed
23person who is financially able to afford the co-payment. For
24purposes of this Section only, "indigent" means a committed
25person who has $20 or less in his or her Inmate Trust Fund at
26the time of such services and for the 30 days prior to such



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1services. Notwithstanding any other provision in this
2subsection (f) to the contrary, any person committed to any
3facility operated by the Department of Juvenile Justice, as set
4forth in Section 3-2.5-15 of this Code, is exempt from the
5co-payment requirement for the duration of confinement in those
7    (g) Any person having sole custody of a child at the time
8of commitment or any woman giving birth to a child after her
9commitment, may arrange through the Department of Children and
10Family Services for suitable placement of the child outside of
11the Department of Corrections. The Director of the Department
12of Corrections may determine that there are special reasons why
13the child should continue in the custody of the mother until
14the child is 6 years old.
15    (h) The Department may provide Family Responsibility
16Services which may consist of, but not be limited to the
18        (1) family advocacy counseling;
19        (2) parent self-help group;
20        (3) parenting skills training;
21        (4) parent and child overnight program;
22        (5) parent and child reunification counseling, either
23    separately or together, preceding the inmate's release;
24    and
25        (6) a prerelease reunification staffing involving the
26    family advocate, the inmate and the child's counselor, or



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1    both and the inmate.
2    (i) (Blank).
3    (j) Any person convicted of a sex offense as defined in the
4Sex Offender Management Board Act shall be required to receive
5a sex offender evaluation prior to release into the community
6from the Department of Corrections. The sex offender evaluation
7shall be conducted in conformance with the standards and
8guidelines developed under the Sex Offender Management Board
9Act and by an evaluator approved by the Board.
10    (k) Any minor committed to the Department of Juvenile
11Justice for a sex offense as defined by the Sex Offender
12Management Board Act shall be required to undergo sex offender
13treatment by a treatment provider approved by the Board and
14conducted in conformance with the Sex Offender Management Board
16    (l) Prior to the release of any inmate committed to a
17facility of the Department or the Department of Juvenile
18Justice, the Department must provide the inmate with
19appropriate information verbally, in writing, by video, or
20other electronic means, concerning HIV and AIDS. The Department
21shall develop the informational materials in consultation with
22the Department of Public Health. At the same time, the
23Department must also offer the committed person the option of
24testing for infection with human immunodeficiency virus (HIV),
25with no copayment for the test. Pre-test information shall be
26provided to the committed person and informed consent obtained



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



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1recommendations of the United States Centers for Disease
2Control and Prevention. If the test result is positive, a
3reliable supplemental test based upon recommendations of the
4United States Centers for Disease Control and Prevention shall
5be administered.
6    Prior to the release of an inmate who the Department knows
7has tested positive for infection with HIV, the Department in a
8timely manner shall offer the inmate transitional case
9management, including referrals to other support services.
10    (m) The chief administrative officer of each institution or
11facility of the Department shall make a room in the institution
12or facility available for addiction recovery services to be
13provided to committed persons on a voluntary basis. The
14services shall be provided for one hour once a week at a time
15specified by the chief administrative officer of the
16institution or facility if the following conditions are met:
17        (1) the addiction recovery service contacts the chief
18    administrative officer to arrange the meeting;
19        (2) the committed person may attend the meeting for
20    addiction recovery services only if the committed person
21    uses pre-existing free time already available to the
22    committed person;
23        (3) all disciplinary and other rules of the institution
24    or facility remain in effect;
25        (4) the committed person is not given any additional
26    privileges to attend addiction recovery services;



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1        (5) if the addiction recovery service does not arrange
2    for scheduling a meeting for that week, no addiction
3    recovery services shall be provided to the committed person
4    in the institution or facility for that week;
5        (6) the number of committed persons who may attend an
6    addiction recovery meeting shall not exceed 40 during any
7    session held at the correctional institution or facility;
8        (7) a volunteer seeking to provide addiction recovery
9    services under this subsection (m) must submit an
10    application to the Department of Corrections under
11    existing Department rules and the Department must review
12    the application within 60 days after submission of the
13    application to the Department; and
14        (8) each institution and facility of the Department
15    shall manage the addiction recovery services program
16    according to its own processes and procedures.
17    For the purposes of this subsection (m), "addiction
18recovery services" means recovery services for alcoholics and
19addicts provided by volunteers of recovery support services
20recognized by the Department of Human Services.
21(Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323,
22eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12;
2397-813, eff. 7-13-12.)".