State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]


92_HB2847eng

 
HB2847 Engrossed                               LRB9202406ARsb

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Unified Code of Corrections is amended by
 5    changing Section 3-6-2 as follows:

 6        (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
 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 5-905 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
 
HB2847 Engrossed            -2-                LRB9202406ARsb
 1    opportunity to attain the achievement level equivalent to the
 2    completion of the twelfth grade in the public  school  system
 3    in  this  State.  Other  higher levels of attainment shall be
 4    encouraged and professional instruction shall  be  maintained
 5    wherever  possible.  The Department may establish programs of
 6    mandatory education and may establish rules  and  regulations
 7    for  the  administration of such programs. A person committed
 8    to the Department who,  during  the  period  of  his  or  her
 9    incarceration,   participates   in   an  educational  program
10    provided by  or  through  the  Department  and  through  that
11    program  is  awarded  or  earns the number of hours of credit
12    required for the award of  an  associate,  baccalaureate,  or
13    higher   degree   from   a  community  college,  college,  or
14    university located in Illinois  shall  reimburse  the  State,
15    through  the  Department, for the costs incurred by the State
16    in providing that person during his or her incarceration with
17    the education that qualifies him or her for the award of that
18    degree.  The costs for which reimbursement is required  under
19    this  subsection  shall  be  determined  and  computed by the
20    Department  under  rules  and  regulations  that   it   shall
21    establish for that purpose.  However, interest at the rate of
22    6%  per  annum shall be charged on the balance of those costs
23    from time to time remaining unpaid,  from  the  date  of  the
24    person's  parole,  mandatory  supervised  release, or release
25    constituting a final termination of his or her commitment  to
26    the Department until paid.
27        (e)  A  person committed to the Department who becomes in
28    need of medical or surgical treatment  but  is  incapable  of
29    giving consent thereto shall receive such medical or surgical
30    treatment  by  the chief administrative officer consenting on
31    the person's behalf. Before the chief administrative  officer
32    consents,  he  or  she shall obtain the advice of one or more
33    physicians licensed to practice medicine in all its  branches
34    in this State.  If such physician or physicians advise:
 
HB2847 Engrossed            -3-                LRB9202406ARsb
 1             (1)  that immediate medical or surgical treatment is
 2        required  relative  to  a  condition threatening to cause
 3        death, damage  or  impairment  to  bodily  functions,  or
 4        disfigurement; and
 5             (2)  that  the  person  is  not  capable  of  giving
 6        consent  to  such  treatment;  the  chief  administrative
 7        officer  may  give  consent  for such medical or surgical
 8        treatment, and such consent shall be  deemed  to  be  the
 9        consent  of  the  person for all purposes, including, but
10        not limited to, the authority of a physician to give such
11        treatment.
12        (f)  In the event that the person requires  medical  care
13    and  treatment  at  a  place  other  than  the institution or
14    facility,  the  person  may  be   removed   therefrom   under
15    conditions prescribed by the Department. The Department shall
16    require  the  committed  person  receiving  medical or dental
17    services on a non-emergency basis to pay a $2  co-payment  to
18    the Department for each visit for medical or dental services.
19    The  amount  of  each  co-payment  shall be deducted from the
20    committed person's individual account. A committed person who
21    has a chronic illness, as defined  by  Department  rules  and
22    regulations,  shall  be  exempt  from  the  $2 co-payment for
23    treatment of the chronic illness.  A committed  person  shall
24    not  be  subject  to  a  $2  co-payment  for follow-up visits
25    ordered by a physician, who  is  employed  by,  or  contracts
26    with,  the Department.  A committed person who is indigent is
27    exempt from the $2 co-payment  and  is  entitled  to  receive
28    medical  or  dental services on the same basis as a committed
29    person who is financially  able  to  afford  the  co-payment.
30    Notwithstanding any other provision in this subsection (f) to
31    the  contrary,  any person committed to any facility operated
32    by the Juvenile Division, as set forth in subsection  (b)  of
33    Section  3-2-5  of  this  Code, is exempt from the co-payment
34    requirement  for  the  duration  of  confinement   in   those
 
HB2847 Engrossed            -4-                LRB9202406ARsb
 1    facilities.
 2        (g)  Any  person  having  sole  custody of a child at the
 3    time of commitment or any woman giving birth to a child after
 4    her  commitment,  may  arrange  through  the  Department   of
 5    Children  and  Family  Services for suitable placement of the
 6    child outside of the Department of Corrections. The  Director
 7    of the Department of Corrections may determine that there are
 8    special  reasons why the child should continue in the custody
 9    of the mother until the child is 6 years old.
10        (h)  The Department  may  provide  Family  Responsibility
11    Services  which  may  consist  of,  but not be limited to the
12    following:
13             (1)  family advocacy counseling;
14             (2)  parent self-help group;
15             (3)  parenting skills training;
16             (4)  parent and child overnight program;
17             (5)  parent  and  child  reunification   counseling,
18        either  separately  or  together,  preceding the inmate's
19        release; and
20             (6)  a prerelease reunification  staffing  involving
21        the   family    advocate,  the  inmate  and  the  child's
22        counselor, or both and the inmate.
23        (i)  Prior to  the  release  of  any  inmate  who  has  a
24    documented  history  of  intravenous  drug  use, and upon the
25    receipt  of  that  inmate's  written  informed  consent,  the
26    Department shall provide for the testing of such  inmate  for
27    infection  with  human  immunodeficiency  virus (HIV) and any
28    other identified causative agent of acquired immunodeficiency
29    syndrome (AIDS). The testing provided under  this  subsection
30    shall consist of an enzyme-linked immunosorbent assay (ELISA)
31    test  or  such  other test as may be approved by the Illinois
32    Department of Public Health. If the test result is  positive,
33    the  Western  Blot  Assay  or more reliable confirmatory test
34    shall be administered. All inmates tested in accordance  with
 
HB2847 Engrossed            -5-                LRB9202406ARsb
 1    the  provisions  of  this  subsection  shall be provided with
 2    pre-test  and  post-test  counseling.   Notwithstanding   any
 3    provision  of this subsection to the contrary, the Department
 4    shall not be required to conduct the testing  and  counseling
 5    required  by this subsection unless sufficient funds to cover
 6    all costs of such testing and counseling are appropriated for
 7    that purpose by the General Assembly.
 8    (Source:  P.A.  90-14,  eff.  7-1-97;  90-590,  eff.  1-1-99;
 9    91-912, eff. 7-7-00.)

10        Section 99.  Effective date.  This Act takes effect  upon
11    becoming law.

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