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90_SB0402
730 ILCS 5/3-6-2 from Ch. 38, par. 1003-6-2
730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
Amends the Unified Code of Corrections. Provides that a
prisoner committed to the Illinois Department of Corrections
shall not receive free of charge health care or the use of
telephones. Prohibits prisoners in Department facilities from
having access to cable television service and exercise
equipment.
LRB9002740RCksA
LRB9002740RCksA
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 3-6-2 and 3-7-2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Sections 3-6-2 and 3-7-2 as follows:
7 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 3-6-2. Institutions and Facility Administration.
10 (a) Each institution and facility of the Department
11 shall be administered by a chief administrative officer
12 appointed by the Director. A chief administrative officer
13 shall be responsible for all persons assigned to the
14 institution or facility. The chief administrative officer
15 shall administer the programs of the Department for the
16 custody and treatment of such persons.
17 (b) The chief administrative officer shall have such
18 assistants as the Department may assign.
19 (c) The Director or Assistant Director shall have the
20 emergency powers to temporarily transfer individuals without
21 formal procedures to any State, county, municipal or regional
22 correctional or detention institution or facility in the
23 State, subject to the acceptance of such receiving
24 institution or facility, or to designate any reasonably
25 secure place in the State as such an institution or facility
26 and to make transfers thereto. However, transfers made under
27 emergency powers shall be reviewed as soon as practicable
28 under Article 8, and shall be subject to Section 1-7 of the
29 Juvenile Court Act of 1987. This Section shall not apply to
30 transfers to the Department of Mental Health and
31 Developmental Disabilities which are provided for under
-2- LRB9002740RCksA
1 Section 3-8-5 or Section 3-10-5.
2 (d) The Department shall provide educational programs
3 for all committed persons so that all persons have an
4 opportunity to attain the achievement level equivalent to the
5 completion of the twelfth grade in the public school system
6 in this State. Other higher levels of attainment shall be
7 encouraged and professional instruction shall be maintained
8 wherever possible. The Department may establish programs of
9 mandatory education and may establish rules and regulations
10 for the administration of such programs. A person committed
11 to the Department who, during the period of his or her
12 incarceration, participates in an educational program
13 provided by or through the Department and through that
14 program is awarded or earns the number of hours of credit
15 required for the award of an associate, baccalaureate, or
16 higher degree from a community college, college, or
17 university located in Illinois shall reimburse the State,
18 through the Department, for the costs incurred by the State
19 in providing that person during his or her incarceration with
20 the education that qualifies him or her for the award of that
21 degree. The costs for which reimbursement is required under
22 this subsection shall be determined and computed by the
23 Department under rules and regulations that it shall
24 establish for that purpose. However, interest at the rate of
25 6% per annum shall be charged on the balance of those costs
26 from time to time remaining unpaid, from the date of the
27 person's parole, mandatory supervised release, or release
28 constituting a final termination of his or her commitment to
29 the Department until paid.
30 (e) A person committed to the Department who becomes in
31 need of medical or surgical treatment but is incapable of
32 giving consent thereto shall receive such medical or surgical
33 treatment by the chief administrative officer consenting on
34 the person's behalf. Before the chief administrative officer
-3- LRB9002740RCksA
1 consents, he or she shall obtain the advice of one or more
2 physicians licensed to practice medicine in all its branches
3 in this State. If such physician or physicians advise:
4 (1) that immediate medical or surgical treatment is
5 required relative to a condition threatening to cause
6 death, damage or impairment to bodily functions, or
7 disfigurement; and
8 (2) that the person is not capable of giving
9 consent to such treatment; the chief administrative
10 officer may give consent for such medical or surgical
11 treatment, and such consent shall be deemed to be the
12 consent of the person for all purposes, including, but
13 not limited to, the authority of a physician to give such
14 treatment. The full costs of the medical or surgical
15 treatment shall be deducted from the committed person's
16 individual account.
17 (f) In the event that the person requires medical care
18 and treatment at a place other than the institution or
19 facility, the person may be removed therefrom under
20 conditions prescribed by the Department. The Department shall
21 require the committed person receiving medical or dental
22 services on a non-emergency basis to pay the full cost of
23 those services a $2 co-payment to the Department for each
24 visit for medical or dental services at a place other than
25 the institution or facility. The full costs of the services
26 shall be deducted from the committed person's individual
27 account. The amount of each co-payment shall be deducted from
28 the committed person's individual account. A committed person
29 who is indigent is exempt from the $2 co-payment and is
30 entitled to receive medical or dental services on the same
31 basis as a committed person who is financially able to afford
32 the co-payment.
33 (g) Any person having sole custody of a child at the
34 time of commitment or any woman giving birth to a child after
-4- LRB9002740RCksA
1 her commitment, may arrange through the Department of
2 Children and Family Services for suitable placement of the
3 child outside of the Department of Corrections. The Director
4 of the Department of Corrections may determine that there are
5 special reasons why the child should continue in the custody
6 of the mother until the child is 6 years old.
7 (h) The Department may provide Family Responsibility
8 Services which may consist of, but not be limited to the
9 following:
10 (1) family advocacy counseling;
11 (2) parent self-help group;
12 (3) parenting skills training;
13 (4) parent and child overnight program;
14 (5) parent and child reunification counseling,
15 either separately or together, preceding the inmate's
16 release; and
17 (6) a prerelease reunification staffing involving
18 the family advocate, the inmate and the child's
19 counselor, or both and the inmate.
20 (i) Prior to the release of any inmate who has a
21 documented history of intravenous drug use, and upon the
22 receipt of that inmate's written informed consent, the
23 Department shall provide for the testing of such inmate for
24 infection with human immunodeficiency virus (HIV) and any
25 other identified causative agent of acquired immunodeficiency
26 syndrome (AIDS). The testing provided under this subsection
27 shall consist of an enzyme-linked immunosorbent assay (ELISA)
28 test or such other test as may be approved by the Illinois
29 Department of Public Health. If the test result is positive,
30 the Western Blot Assay or more reliable confirmatory test
31 shall be administered. All inmates tested in accordance with
32 the provisions of this subsection shall be provided with
33 pre-test and post-test counseling. Notwithstanding any
34 provision of this subsection to the contrary, the Department
-5- LRB9002740RCksA
1 shall not be required to conduct the testing and counseling
2 required by this subsection unless sufficient funds to cover
3 all costs of such testing and counseling are appropriated for
4 that purpose by the General Assembly.
5 (Source: P.A. 89-659, eff. 1-1-97; revised 9-12-96.)
6 (Text of Section after amendment by P.A. 89-507)
7 Sec. 3-6-2. Institutions and Facility Administration.
8 (a) Each institution and facility of the Department
9 shall be administered by a chief administrative officer
10 appointed by the Director. A chief administrative officer
11 shall be responsible for all persons assigned to the
12 institution or facility. The chief administrative officer
13 shall administer the programs of the Department for the
14 custody and treatment of such persons.
15 (b) The chief administrative officer shall have such
16 assistants as the Department may assign.
17 (c) The Director or Assistant Director shall have the
18 emergency powers to temporarily transfer individuals without
19 formal procedures to any State, county, municipal or regional
20 correctional or detention institution or facility in the
21 State, subject to the acceptance of such receiving
22 institution or facility, or to designate any reasonably
23 secure place in the State as such an institution or facility
24 and to make transfers thereto. However, transfers made under
25 emergency powers shall be reviewed as soon as practicable
26 under Article 8, and shall be subject to Section 1-7 of the
27 Juvenile Court Act of 1987. This Section shall not apply to
28 transfers to the Department of Human Services which are
29 provided for under Section 3-8-5 or Section 3-10-5.
30 (d) The Department shall provide educational programs
31 for all committed persons so that all persons have an
32 opportunity to attain the achievement level equivalent to the
33 completion of the twelfth grade in the public school system
34 in this State. Other higher levels of attainment shall be
-6- LRB9002740RCksA
1 encouraged and professional instruction shall be maintained
2 wherever possible. The Department may establish programs of
3 mandatory education and may establish rules and regulations
4 for the administration of such programs. A person committed
5 to the Department who, during the period of his or her
6 incarceration, participates in an educational program
7 provided by or through the Department and through that
8 program is awarded or earns the number of hours of credit
9 required for the award of an associate, baccalaureate, or
10 higher degree from a community college, college, or
11 university located in Illinois shall reimburse the State,
12 through the Department, for the costs incurred by the State
13 in providing that person during his or her incarceration with
14 the education that qualifies him or her for the award of that
15 degree. The costs for which reimbursement is required under
16 this subsection shall be determined and computed by the
17 Department under rules and regulations that it shall
18 establish for that purpose. However, interest at the rate of
19 6% per annum shall be charged on the balance of those costs
20 from time to time remaining unpaid, from the date of the
21 person's parole, mandatory supervised release, or release
22 constituting a final termination of his or her commitment to
23 the Department until paid.
24 (e) A person committed to the Department who becomes in
25 need of medical or surgical treatment but is incapable of
26 giving consent thereto shall receive such medical or surgical
27 treatment by the chief administrative officer consenting on
28 the person's behalf. Before the chief administrative officer
29 consents, he or she shall obtain the advice of one or more
30 physicians licensed to practice medicine in all its branches
31 in this State. If such physician or physicians advise:
32 (1) that immediate medical or surgical treatment is
33 required relative to a condition threatening to cause
34 death, damage or impairment to bodily functions, or
-7- LRB9002740RCksA
1 disfigurement; and
2 (2) that the person is not capable of giving
3 consent to such treatment; the chief administrative
4 officer may give consent for such medical or surgical
5 treatment, and such consent shall be deemed to be the
6 consent of the person for all purposes, including, but
7 not limited to, the authority of a physician to give such
8 treatment. The full costs of the medical or surgical
9 treatment shall be deducted from the committed person's
10 individual account.
11 (f) In the event that the person requires medical care
12 and treatment at a place other than the institution or
13 facility, the person may be removed therefrom under
14 conditions prescribed by the Department. The Department shall
15 require the committed person receiving medical or dental
16 services on a non-emergency basis to pay the full cost of
17 those services a $2 co-payment to the Department for each
18 visit for medical or dental services at a place other than
19 the institution or facility. The full costs of the services
20 shall be deducted from the committed person's individual
21 account. The amount of each co-payment shall be deducted from
22 the committed person's individual account. A committed person
23 who is indigent is exempt from the $2 co-payment and is
24 entitled to receive medical or dental services on the same
25 basis as a committed person who is financially able to afford
26 the co-payment.
27 (g) Any person having sole custody of a child at the
28 time of commitment or any woman giving birth to a child after
29 her commitment, may arrange through the Department of
30 Children and Family Services for suitable placement of the
31 child outside of the Department of Corrections. The Director
32 of the Department of Corrections may determine that there are
33 special reasons why the child should continue in the custody
34 of the mother until the child is 6 years old.
-8- LRB9002740RCksA
1 (h) The Department may provide Family Responsibility
2 Services which may consist of, but not be limited to the
3 following:
4 (1) family advocacy counseling;
5 (2) parent self-help group;
6 (3) parenting skills training;
7 (4) parent and child overnight program;
8 (5) parent and child reunification counseling,
9 either separately or together, preceding the inmate's
10 release; and
11 (6) a prerelease reunification staffing involving
12 the family advocate, the inmate and the child's
13 counselor, or both and the inmate.
14 (i) Prior to the release of any inmate who has a
15 documented history of intravenous drug use, and upon the
16 receipt of that inmate's written informed consent, the
17 Department shall provide for the testing of such inmate for
18 infection with human immunodeficiency virus (HIV) and any
19 other identified causative agent of acquired immunodeficiency
20 syndrome (AIDS). The testing provided under this subsection
21 shall consist of an enzyme-linked immunosorbent assay (ELISA)
22 test or such other test as may be approved by the Illinois
23 Department of Public Health. If the test result is positive,
24 the Western Blot Assay or more reliable confirmatory test
25 shall be administered. All inmates tested in accordance with
26 the provisions of this subsection shall be provided with
27 pre-test and post-test counseling. Notwithstanding any
28 provision of this subsection to the contrary, the Department
29 shall not be required to conduct the testing and counseling
30 required by this subsection unless sufficient funds to cover
31 all costs of such testing and counseling are appropriated for
32 that purpose by the General Assembly.
33 (Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97;
34 revised 9-12-96.)
-9- LRB9002740RCksA
1 (730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
2 (Text of Section before amendment by P.A. 89-688)
3 Sec. 3-7-2. Facilities.
4 (a) All institutions and facilities of the Department
5 shall provide every committed person with access to toilet
6 facilities, barber facilities, bathing facilities at least
7 once each week, a library of legal materials and published
8 materials including newspapers and magazines approved by the
9 Director. A committed person may not receive any materials
10 that the Director deems pornographic.
11 (b) All institutions and facilities of the Department
12 shall provide every committed person access to a radio or
13 television system unless the chief administrative officer
14 determines that such access is to be denied for disciplinary
15 reasons. A committed person shall not have access to cable
16 television service as defined in Section 16-10 of the
17 Criminal Code of 1961.
18 (c) All institutions and facilities of the Department
19 shall provide facilities for every committed person to leave
20 his cell for at least one hour each day unless the chief
21 administrative officer determines that it would be harmful or
22 dangerous to the security or safety of the institution or
23 facility.
24 (d) All institutions and facilities of the Department
25 shall provide every committed person with a wholesome and
26 nutritional diet at regularly scheduled hours, drinking
27 water, clothing adequate for the season, bedding, soap and
28 towels and medical and dental care.
29 (e) All institutions and facilities of the Department
30 shall permit every committed person to send and receive an
31 unlimited number of uncensored letters, provided, however,
32 that the Director may order that mail be inspected and read
33 for reasons of the security, safety or morale of the
34 institution or facility.
-10- LRB9002740RCksA
1 (f) All of the institutions and facilities of the
2 Department shall permit every committed person to receive
3 visitors, except in case of abuse of the visiting privilege
4 or when the chief administrative officer determines that such
5 visiting would be harmful or dangerous to the security,
6 safety or morale of the institution or facility. Clergy,
7 religious chaplain and attorney visiting privileges shall be
8 as broad as the security of the institution or facility will
9 allow.
10 (g) All institutions and facilities of the Department
11 shall permit religious ministrations and sacraments to be
12 available to every committed person, but attendance at
13 religious services shall not be required.
14 (h) Within 90 days after December 31, 1996 the effective
15 date of this amendatory Act of 1996, the Department shall
16 prohibit the use of curtains, cell-coverings, or any other
17 matter or object that obstructs or otherwise impairs the line
18 of vision into a committed person's cell.
19 (i) If an institution or facility of the Department
20 allows a committed person to make telephone calls, it shall
21 require the committed person to pay for the full costs of
22 those calls.
23 (j) A committed person shall not have access to weight
24 lifting equipment, barbells or other exercise equipment or
25 facilities.
26 (Source: P.A. 89-609, eff. 1-1-97; 89-659, eff. 1-1-97;
27 89-689, eff. 12-31-96; revised 1-20-97.)
28 (Text of Section after amendment by P.A. 89-688)
29 Sec. 3-7-2. Facilities.
30 (a) All institutions and facilities of the Department
31 shall provide every committed person with access to toilet
32 facilities, barber facilities, bathing facilities at least
33 once each week, a library of legal materials and published
34 materials including newspapers and magazines approved by the
-11- LRB9002740RCksA
1 Director. A committed person may not receive any materials
2 that the Director deems pornographic.
3 (b) (Blank).
4 (b-5) A committed person shall not have access to cable
5 television service as defined in Section 16-10 of the
6 Criminal Code of 1961.
7 (c) All institutions and facilities of the Department
8 shall provide facilities for every committed person to leave
9 his cell for at least one hour each day unless the chief
10 administrative officer determines that it would be harmful or
11 dangerous to the security or safety of the institution or
12 facility.
13 (d) All institutions and facilities of the Department
14 shall provide every committed person with a wholesome and
15 nutritional diet at regularly scheduled hours, drinking
16 water, clothing adequate for the season, bedding, soap and
17 towels and medical and dental care.
18 (e) All institutions and facilities of the Department
19 shall permit every committed person to send and receive an
20 unlimited number of uncensored letters, provided, however,
21 that the Director may order that mail be inspected and read
22 for reasons of the security, safety or morale of the
23 institution or facility.
24 (f) All of the institutions and facilities of the
25 Department shall permit every committed person to receive
26 visitors, except in case of abuse of the visiting privilege
27 or when the chief administrative officer determines that such
28 visiting would be harmful or dangerous to the security,
29 safety or morale of the institution or facility. The chief
30 administrative officer shall have the right to restrict
31 visitation to non-contact visits for reasons of safety,
32 security, and order, including, but not limited to,
33 restricting contact visits for committed persons engaged in
34 gang activity.
-12- LRB9002740RCksA
1 (g) All institutions and facilities of the Department
2 shall permit religious ministrations and sacraments to be
3 available to every committed person, but attendance at
4 religious services shall not be required.
5 (h) Within 90 days after December 31, 1996 the effective
6 date of this amendatory Act of 1996, the Department shall
7 prohibit the use of curtains, cell-coverings, or any other
8 matter or object that obstructs or otherwise impairs the line
9 of vision into a committed person's cell.
10 (i) If an institution or facility of the Department
11 allows a committed person to make telephone calls, it shall
12 require the committed person to pay for the full costs of
13 those calls.
14 (j) A committed person shall not have access to weight
15 lifting equipment, barbells or other exercise equipment or
16 facilities.
17 (Source: P.A. 89-609, eff. 1-1-97; 89-659, eff. 1-1-97;
18 89-688, eff. 6-1-97; 89-689, eff. 12-31-96; revised 1-20-97.)
19 Section 95. No acceleration or delay. Where this Act
20 makes changes in a statute that is represented in this Act by
21 text that is not yet or no longer in effect (for example, a
22 Section represented by multiple versions), the use of that
23 text does not accelerate or delay the taking effect of (i)
24 the changes made by this Act or (ii) provisions derived from
25 any other Public Act.