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| [ Senate Amendment 002 ] |
91_HB0777sam001
LRB9103133RCksam01
1 AMENDMENT TO HOUSE BILL 777
2 AMENDMENT NO. . Amend House Bill 777 by replacing
3 the title with the following:
4 "AN ACT in relation to prisoners."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Nursing Home Care Act is amended by
8 adding Section 2-216 as follows:
9 (210 ILCS 45/2-216 new)
10 Sec. 2-216. The provisions of this Article II do not
11 apply to committed persons, as defined in Section 3-1-2 of
12 the Unified Code of Corrections, who reside in a nursing
13 facility licensed under this Act. Committed persons are
14 entitled to all rights and protections as provided under the
15 Unified Code of Corrections, the Juvenile Court Act of 1987,
16 and the Americans With Disabilities Act of 1990 (42 USC 12101
17 et seq.) and the regulations promulgated under that Act.
18 Section 10. The Unified Code of Corrections is amended
19 by changing Section 3-6-2 as follows:
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1 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
2 Sec. 3-6-2. Institutions and Facility Administration.
3 (a) Each institution and facility of the Department
4 shall be administered by a chief administrative officer
5 appointed by the Director. A chief administrative officer
6 shall be responsible for all persons assigned to the
7 institution or facility. The chief administrative officer
8 shall administer the programs of the Department for the
9 custody and treatment of such persons.
10 (b) The chief administrative officer shall have such
11 assistants as the Department may assign.
12 (c) The Director or Assistant Director shall have the
13 emergency powers to temporarily transfer individuals without
14 formal procedures to any State, county, municipal or regional
15 correctional or detention institution or facility in the
16 State, subject to the acceptance of such receiving
17 institution or facility, or to designate any reasonably
18 secure place in the State as such an institution or facility
19 and to make transfers thereto. However, transfers made under
20 emergency powers shall be reviewed as soon as practicable
21 under Article 8, and shall be subject to Section 5-905 of the
22 Juvenile Court Act of 1987. This Section shall not apply to
23 transfers to the Department of Human Services which are
24 provided for under Section 3-8-5 or Section 3-10-5.
25 (d) The Department shall provide educational programs
26 for all committed persons so that all persons have an
27 opportunity to attain the achievement level equivalent to the
28 completion of the twelfth grade in the public school system
29 in this State. Other higher levels of attainment shall be
30 encouraged and professional instruction shall be maintained
31 wherever possible. The Department may establish programs of
32 mandatory education and may establish rules and regulations
33 for the administration of such programs. A person committed
34 to the Department who, during the period of his or her
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1 incarceration, participates in an educational program
2 provided by or through the Department and through that
3 program is awarded or earns the number of hours of credit
4 required for the award of an associate, baccalaureate, or
5 higher degree from a community college, college, or
6 university located in Illinois shall reimburse the State,
7 through the Department, for the costs incurred by the State
8 in providing that person during his or her incarceration with
9 the education that qualifies him or her for the award of that
10 degree. The costs for which reimbursement is required under
11 this subsection shall be determined and computed by the
12 Department under rules and regulations that it shall
13 establish for that purpose. However, interest at the rate of
14 6% per annum shall be charged on the balance of those costs
15 from time to time remaining unpaid, from the date of the
16 person's parole, mandatory supervised release, or release
17 constituting a final termination of his or her commitment to
18 the Department until paid.
19 (e) A person committed to the Department who becomes in
20 need of medical or surgical treatment but is incapable of
21 giving consent thereto shall receive such medical or surgical
22 treatment by the chief administrative officer consenting on
23 the person's behalf. Before the chief administrative officer
24 consents, he or she shall obtain the advice of one or more
25 physicians licensed to practice medicine in all its branches
26 in this State. If such physician or physicians advise:
27 (1) that immediate medical or surgical treatment is
28 required relative to a condition threatening to cause
29 death, damage or impairment to bodily functions, or
30 disfigurement; and
31 (2) that the person is not capable of giving
32 consent to such treatment; the chief administrative
33 officer may give consent for such medical or surgical
34 treatment, and such consent shall be deemed to be the
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1 consent of the person for all purposes, including, but
2 not limited to, the authority of a physician to give such
3 treatment.
4 (f) In the event that the person requires medical care
5 and treatment at a place other than the institution or
6 facility, the person may be removed therefrom under
7 conditions prescribed by the Department. The Department shall
8 require the committed person receiving medical or dental
9 services on a non-emergency basis to pay a $2 co-payment to
10 the Department for each visit for medical or dental services
11 at a place other than the institution or facility. The
12 amount of each co-payment shall be deducted from the
13 committed person's individual account. A committed person who
14 is indigent is exempt from the $2 co-payment and is entitled
15 to receive medical or dental services on the same basis as a
16 committed person who is financially able to afford the
17 co-payment. A committed person in need of long-term care due
18 to age, chronic infirmity, or disability, or any combination
19 of these conditions, may be removed from an institution or
20 facility under conditions prescribed by the Department. The
21 Department must consider the seriousness of the offense
22 committed by the person and the person's current medical
23 condition, age, disability, prognosis, and prison record in
24 determining whether to transfer the person under this
25 Section.
26 (g) Any person having sole custody of a child at the
27 time of commitment or any woman giving birth to a child after
28 her commitment, may arrange through the Department of
29 Children and Family Services for suitable placement of the
30 child outside of the Department of Corrections. The Director
31 of the Department of Corrections may determine that there are
32 special reasons why the child should continue in the custody
33 of the mother until the child is 6 years old.
34 (h) The Department may provide Family Responsibility
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1 Services which may consist of, but not be limited to the
2 following:
3 (1) family advocacy counseling;
4 (2) parent self-help group;
5 (3) parenting skills training;
6 (4) parent and child overnight program;
7 (5) parent and child reunification counseling,
8 either separately or together, preceding the inmate's
9 release; and
10 (6) a prerelease reunification staffing involving
11 the family advocate, the inmate and the child's
12 counselor, or both and the inmate.
13 (i) Prior to the release of any inmate who has a
14 documented history of intravenous drug use, and upon the
15 receipt of that inmate's written informed consent, the
16 Department shall provide for the testing of such inmate for
17 infection with human immunodeficiency virus (HIV) and any
18 other identified causative agent of acquired immunodeficiency
19 syndrome (AIDS). The testing provided under this subsection
20 shall consist of an enzyme-linked immunosorbent assay (ELISA)
21 test or such other test as may be approved by the Illinois
22 Department of Public Health. If the test result is positive,
23 the Western Blot Assay or more reliable confirmatory test
24 shall be administered. All inmates tested in accordance with
25 the provisions of this subsection shall be provided with
26 pre-test and post-test counseling. Notwithstanding any
27 provision of this subsection to the contrary, the Department
28 shall not be required to conduct the testing and counseling
29 required by this subsection unless sufficient funds to cover
30 all costs of such testing and counseling are appropriated for
31 that purpose by the General Assembly.
32 (Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97;
33 90-14, eff. 7-1-97; 90-590, eff. 1-1-99.)
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1 Section 15. The Illinois Prison Inspection Act is
2 amended by changing Section 3 as follows:
3 (730 ILCS 135/3) (from Ch. 38, par. 1103)
4 Sec. 3. The Illinois Department of Public Health may,
5 with the cooperation of the Department of Corrections,
6 inspect all institutional facilities of the Department of
7 Corrections used to incarcerate committed persons and report
8 to the Director of Corrections as to the sanitary conditions
9 and needs of the institutions and the medical facilities and
10 services available. The Department of Public Health may also
11 inspect hospitals and nursing facilities in which committed
12 persons reside to ensure that those facilities meet
13 applicable State regulations.
14 (Source: P.A. 87-860.)".