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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] |
91_HB0777enr HB0777 Enrolled LRB9103133RCks 1 AN ACT in relation to prisoners. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Nursing Home Care Act is amended by 5 adding Section 2-216 as follows: 6 (210 ILCS 45/2-216 new) 7 Sec. 2-216. The provisions of this Article II do not 8 apply to committed persons, as defined in Section 3-1-2 of 9 the Unified Code of Corrections, who reside in a nursing 10 facility licensed under this Act. Committed persons are 11 entitled to all rights and protections as provided under the 12 Unified Code of Corrections, the Juvenile Court Act of 1987, 13 and the Americans With Disabilities Act of 1990 (42 USC 12101 14 et seq.) and the regulations promulgated under that Act. 15 Section 10. The Unified Code of Corrections is amended 16 by changing Section 3-6-2 as follows: 17 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) 18 Sec. 3-6-2. Institutions and Facility Administration. 19 (a) Each institution and facility of the Department 20 shall be administered by a chief administrative officer 21 appointed by the Director. A chief administrative officer 22 shall be responsible for all persons assigned to the 23 institution or facility. The chief administrative officer 24 shall administer the programs of the Department for the 25 custody and treatment of such persons. 26 (b) The chief administrative officer shall have such 27 assistants as the Department may assign. 28 (c) The Director or Assistant Director shall have the 29 emergency powers to temporarily transfer individuals without HB0777 Enrolled -2- LRB9103133RCks 1 formal procedures to any State, county, municipal or regional 2 correctional or detention institution or facility in the 3 State, subject to the acceptance of such receiving 4 institution or facility, or to designate any reasonably 5 secure place in the State as such an institution or facility 6 and to make transfers thereto. However, transfers made under 7 emergency powers shall be reviewed as soon as practicable 8 under Article 8, and shall be subject to Section 5-905 of the 9 Juvenile Court Act of 1987. This Section shall not apply to 10 transfers to the Department of Human Services which are 11 provided for under Section 3-8-5 or Section 3-10-5. 12 (d) The Department shall provide educational programs 13 for all committed persons so that all persons have an 14 opportunity to attain the achievement level equivalent to the 15 completion of the twelfth grade in the public school system 16 in this State. Other higher levels of attainment shall be 17 encouraged and professional instruction shall be maintained 18 wherever possible. The Department may establish programs of 19 mandatory education and may establish rules and regulations 20 for the administration of such programs. A person committed 21 to the Department who, during the period of his or her 22 incarceration, participates in an educational program 23 provided by or through the Department and through that 24 program is awarded or earns the number of hours of credit 25 required for the award of an associate, baccalaureate, or 26 higher degree from a community college, college, or 27 university located in Illinois shall reimburse the State, 28 through the Department, for the costs incurred by the State 29 in providing that person during his or her incarceration with 30 the education that qualifies him or her for the award of that 31 degree. The costs for which reimbursement is required under 32 this subsection shall be determined and computed by the 33 Department under rules and regulations that it shall 34 establish for that purpose. However, interest at the rate of HB0777 Enrolled -3- LRB9103133RCks 1 6% per annum shall be charged on the balance of those costs 2 from time to time remaining unpaid, from the date of the 3 person's parole, mandatory supervised release, or release 4 constituting a final termination of his or her commitment to 5 the Department until paid. 6 (e) A person committed to the Department who becomes in 7 need of medical or surgical treatment but is incapable of 8 giving consent thereto shall receive such medical or surgical 9 treatment by the chief administrative officer consenting on 10 the person's behalf. Before the chief administrative officer 11 consents, he or she shall obtain the advice of one or more 12 physicians licensed to practice medicine in all its branches 13 in this State. If such physician or physicians advise: 14 (1) that immediate medical or surgical treatment is 15 required relative to a condition threatening to cause 16 death, damage or impairment to bodily functions, or 17 disfigurement; and 18 (2) that the person is not capable of giving 19 consent to such treatment; the chief administrative 20 officer may give consent for such medical or surgical 21 treatment, and such consent shall be deemed to be the 22 consent of the person for all purposes, including, but 23 not limited to, the authority of a physician to give such 24 treatment. 25 (f) In the event that the person requires medical care 26 and treatment at a place other than the institution or 27 facility, the person may be removed therefrom under 28 conditions prescribed by the Department. The Department shall 29 require the committed person receiving medical or dental 30 services on a non-emergency basis to pay a $2 co-payment to 31 the Department for each visit for medical or dental services 32 at a place other than the institution or facility. The 33 amount of each co-payment shall be deducted from the 34 committed person's individual account. A committed person who HB0777 Enrolled -4- LRB9103133RCks 1 is indigent is exempt from the $2 co-payment and is entitled 2 to receive medical or dental services on the same basis as a 3 committed person who is financially able to afford the 4 co-payment. A committed person in need of long-term care due 5 to age, chronic infirmity, or disability, or any combination 6 of these conditions, may be removed from an institution or 7 facility under conditions prescribed by the Department. Any 8 nursing facility that accepts these committed persons must 9 first obtain approval from the municipality in which the 10 facility is located. A nursing facility that accepts these 11 committed persons may not be located in a residential 12 neighborhood. The Department must consider the seriousness of 13 the offense committed by the person and the person's current 14 medical condition, age, disability, prognosis, and prison 15 record in determining whether to transfer the person under 16 this Section. A committed person who is subject to the 17 provisions of subdivision (a)(2) of Section 3-6-3 of this 18 Code does not qualify for transfer. 19 (g) Any person having sole custody of a child at the 20 time of commitment or any woman giving birth to a child after 21 her commitment, may arrange through the Department of 22 Children and Family Services for suitable placement of the 23 child outside of the Department of Corrections. The Director 24 of the Department of Corrections may determine that there are 25 special reasons why the child should continue in the custody 26 of the mother until the child is 6 years old. 27 (h) The Department may provide Family Responsibility 28 Services which may consist of, but not be limited to the 29 following: 30 (1) family advocacy counseling; 31 (2) parent self-help group; 32 (3) parenting skills training; 33 (4) parent and child overnight program; 34 (5) parent and child reunification counseling, HB0777 Enrolled -5- LRB9103133RCks 1 either separately or together, preceding the inmate's 2 release; and 3 (6) a prerelease reunification staffing involving 4 the family advocate, the inmate and the child's 5 counselor, or both and the inmate. 6 (i) Prior to the release of any inmate who has a 7 documented history of intravenous drug use, and upon the 8 receipt of that inmate's written informed consent, the 9 Department shall provide for the testing of such inmate for 10 infection with human immunodeficiency virus (HIV) and any 11 other identified causative agent of acquired immunodeficiency 12 syndrome (AIDS). The testing provided under this subsection 13 shall consist of an enzyme-linked immunosorbent assay (ELISA) 14 test or such other test as may be approved by the Illinois 15 Department of Public Health. If the test result is positive, 16 the Western Blot Assay or more reliable confirmatory test 17 shall be administered. All inmates tested in accordance with 18 the provisions of this subsection shall be provided with 19 pre-test and post-test counseling. Notwithstanding any 20 provision of this subsection to the contrary, the Department 21 shall not be required to conduct the testing and counseling 22 required by this subsection unless sufficient funds to cover 23 all costs of such testing and counseling are appropriated for 24 that purpose by the General Assembly. 25 (Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97; 26 90-14, eff. 7-1-97; 90-590, eff. 1-1-99.) 27 Section 15. The Illinois Prison Inspection Act is 28 amended by changing Section 3 as follows: 29 (730 ILCS 135/3) (from Ch. 38, par. 1103) 30 Sec. 3. The Illinois Department of Public Health may, 31 with the cooperation of the Department of Corrections, 32 inspect all institutional facilities of the Department of HB0777 Enrolled -6- LRB9103133RCks 1 Corrections used to incarcerate committed persons and report 2 to the Director of Corrections as to the sanitary conditions 3 and needs of the institutions and the medical facilities and 4 services available. The Department of Public Health may also 5 inspect hospitals and nursing facilities in which committed 6 persons reside to ensure that those facilities meet 7 applicable State regulations. 8 (Source: P.A. 87-860.)