Illinois General Assembly - Full Text of Public Act 093-0928
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Public Act 093-0928


 

Public Act 0928 93RD GENERAL ASSEMBLY



 


 
Public Act 093-0928
 
SB2653 Enrolled LRB093 18595 RLC 44318 b

    AN ACT concerning corrections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Section 3-6-2 as follows:
 
    (730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
    Sec. 3-6-2. Institutions and Facility Administration.
    (a) Each institution and facility of the Department shall
be administered by a chief administrative officer appointed by
the Director. A chief administrative officer shall be
responsible for all persons assigned to the institution or
facility. The chief administrative officer shall administer
the programs of the Department for the custody and treatment of
such persons.
    (b) The chief administrative officer shall have such
assistants as the Department may assign.
    (c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the State,
subject to the acceptance of such receiving institution or
facility, or to designate any reasonably secure place in the
State as such an institution or facility and to make transfers
thereto. However, transfers made under emergency powers shall
be reviewed as soon as practicable under Article 8, and shall
be subject to Section 5-905 of the Juvenile Court Act of 1987.
This Section shall not apply to transfers to the Department of
Human Services which are provided for under Section 3-8-5 or
Section 3-10-5.
    (d) The Department shall provide educational programs for
all committed persons so that all persons have an opportunity
to attain the achievement level equivalent to the completion of
the twelfth grade in the public school system in this State.
Other higher levels of attainment shall be encouraged and
professional instruction shall be maintained wherever
possible. The Department may establish programs of mandatory
education and may establish rules and regulations for the
administration of such programs. A person committed to the
Department who, during the period of his or her incarceration,
participates in an educational program provided by or through
the Department and through that program is awarded or earns the
number of hours of credit required for the award of an
associate, baccalaureate, or higher degree from a community
college, college, or university located in Illinois shall
reimburse the State, through the Department, for the costs
incurred by the State in providing that person during his or
her incarceration with the education that qualifies him or her
for the award of that degree. The costs for which reimbursement
is required under this subsection shall be determined and
computed by the Department under rules and regulations that it
shall establish for that purpose. However, interest at the rate
of 6% per annum shall be charged on the balance of those costs
from time to time remaining unpaid, from the date of the
person's parole, mandatory supervised release, or release
constituting a final termination of his or her commitment to
the Department until paid.
    (e) A person committed to the Department who becomes in
need of medical or surgical treatment but is incapable of
giving consent thereto shall receive such medical or surgical
treatment by the chief administrative officer consenting on the
person's behalf. Before the chief administrative officer
consents, he or she shall obtain the advice of one or more
physicians licensed to practice medicine in all its branches in
this State. If such physician or physicians advise:
        (1) that immediate medical or surgical treatment is
    required relative to a condition threatening to cause
    death, damage or impairment to bodily functions, or
    disfigurement; and
        (2) that the person is not capable of giving consent to
    such treatment; the chief administrative officer may give
    consent for such medical or surgical treatment, and such
    consent shall be deemed to be the consent of the person for
    all purposes, including, but not limited to, the authority
    of a physician to give such treatment.
    (e-5) If a physician providing medical care to a committed
person on behalf of the Department advises the chief
administrative officer that the committed person's mental or
physical health has deteriorated as a result of the cessation
of ingestion of food or liquid to the point where medical or
surgical treatment is required to prevent death, damage, or
impairment to bodily functions, the chief administrative
officer may authorize such medical or surgical treatment.
    (f) In the event that the person requires medical care and
treatment at a place other than the institution or facility,
the person may be removed therefrom under conditions prescribed
by the Department. The Department shall require the committed
person receiving medical or dental services on a non-emergency
basis to pay a $2 co-payment to the Department for each visit
for medical or dental services. The amount of each co-payment
shall be deducted from the committed person's individual
account. A committed person who has a chronic illness, as
defined by Department rules and regulations, shall be exempt
from the $2 co-payment for treatment of the chronic illness. A
committed person shall not be subject to a $2 co-payment for
follow-up visits ordered by a physician, who is employed by, or
contracts with, the Department. A committed person who is
indigent is exempt from the $2 co-payment and is entitled to
receive medical or dental services on the same basis as a
committed person who is financially able to afford the
co-payment. Notwithstanding any other provision in this
subsection (f) to the contrary, any person committed to any
facility operated by the Juvenile Division, as set forth in
subsection (b) of Section 3-2-5 of this Code, is exempt from
the co-payment requirement for the duration of confinement in
those facilities.
    (g) Any person having sole custody of a child at the time
of commitment or any woman giving birth to a child after her
commitment, may arrange through the Department of Children and
Family Services for suitable placement of the child outside of
the Department of Corrections. The Director of the Department
of Corrections may determine that there are special reasons why
the child should continue in the custody of the mother until
the child is 6 years old.
    (h) The Department may provide Family Responsibility
Services which may consist of, but not be limited to the
following:
        (1) family advocacy counseling;
        (2) parent self-help group;
        (3) parenting skills training;
        (4) parent and child overnight program;
        (5) parent and child reunification counseling, either
    separately or together, preceding the inmate's release;
    and
        (6) a prerelease reunification staffing involving the
    family advocate, the inmate and the child's counselor, or
    both and the inmate.
    (i) Prior to the release of any inmate who has a documented
history of intravenous drug use, and upon the receipt of that
inmate's written informed consent, the Department shall
provide for the testing of such inmate for infection with human
immunodeficiency virus (HIV) and any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
The testing provided under this subsection shall consist of an
enzyme-linked immunosorbent assay (ELISA) test or such other
test as may be approved by the Illinois Department of Public
Health. If the test result is positive, the Western Blot Assay
or more reliable confirmatory test shall be administered. All
inmates tested in accordance with the provisions of this
subsection shall be provided with pre-test and post-test
counseling. Notwithstanding any provision of this subsection
to the contrary, the Department shall not be required to
conduct the testing and counseling required by this subsection
unless sufficient funds to cover all costs of such testing and
counseling are appropriated for that purpose by the General
Assembly.
    (j) Any person convicted of a sex offense as defined in the
Sex Offender Management Board Act shall be required to receive
a sex offender evaluation prior to release into the community
from the Department of Corrections. The sex offender evaluation
shall be conducted in conformance with the standards and
guidelines developed under the Sex Offender Management Board
Act and by an evaluator approved by the Board.
    (k) Any minor committed to the Department of
Corrections-Juvenile Division for a sex offense as defined by
the Sex Offender Management Board Act shall be required to
undergo sex offender treatment by a treatment provider approved
by the Board and conducted in conformance with the Sex Offender
Management Board Act.
(Source: P.A. 92-292, eff. 8-9-01; 93-616, eff. 1-1-04.)

Effective Date: 1/1/2005