Public Act 097-0244
 
HB0204 EnrolledLRB097 05526 RLC 45587 b

    AN ACT concerning HIV testing.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Children and Family Services Act is amended
by changing Section 22.3 as follows:
 
    (20 ILCS 505/22.3)  (from Ch. 23, par. 5022.3)
    Sec. 22.3. To provide human immunodeficiency virus (HIV)
testing for any child in the custody of the Department being
placed in adoptive care, upon the request of the child's
prospective adoptive parent. Such testing test shall consist of
a test approved by the Illinois Department of Public Health to
determine the presence of HIV infection, based upon the
recommendations of the United States Centers for Disease
Control and Prevention an enzyme-linked immunosorbent assay
(ELISA) test to determine the presence of antibodies to HIV, or
such other test as may be approved by the Illinois Department
of Public Health; in the event of a positive result, a the
Western Blot Assay or a more reliable supplemental confirmatory
test based upon recommendations of the United States Centers
for Disease Control and Prevention shall also be administered.
The prospective adoptive parent requesting the test shall be
confidentially notified of the test result, and if the test is
positive, the Department shall provide the prospective
adoptive parents and child with treatment and counseling, as
appropriate. The Department shall report positive HIV test
results to the Illinois Department of Public Health.
(Source: P.A. 86-904.)
 
    Section 10. The Communicable Disease Prevention Act is
amended by changing Section 2a as follows:
 
    (410 ILCS 315/2a)  (from Ch. 111 1/2, par. 22.12a)
    Sec. 2a. Whenever a child of school age is reported to the
Illinois Department of Public Health or a local health
department as having been diagnosed as having acquired immune
deficiency syndrome (AIDS) or human immunodeficiency virus
(HIV) based upon case definitions established by the United
States Centers for Disease Control and Prevention AIDS-related
complex (ARC) or as having been shown to have been exposed to
human immunodeficiency virus (HIV) or any other identified
causative agent of AIDS by testing positive on a Western Blot
Assay or more reliable test based upon recommendations of the
United States Centers for Disease Control and Prevention, such
department shall give prompt and confidential notice of the
identity of the child to the principal of the school in which
the child is enrolled. If the child is enrolled in a public
school, the principal shall disclose the identity of the child
to the superintendent of the school district in which the child
resides.
    The principal may, as necessary, disclose the identity of
an infected child to:
    (1) the school nurse at that school;
    (2) the classroom teachers in whose classes the child is
enrolled; and
    (3) those persons who, pursuant to federal or state law,
are required to decide the placement or educational program of
the child.
    In addition, the principal may inform such other persons as
may be necessary that an infected child is enrolled at that
school, so long as the child's identity is not revealed.
(Source: P.A. 85-1399.)
 
    Section 15. The Criminal Code of 1961 is amended by
changing Section 12-18 as follows:
 
    (720 ILCS 5/12-18)  (from Ch. 38, par. 12-18)
    Sec. 12-18. General Provisions.
    (a) No person accused of violating Sections 12-13, 12-14,
12-15 or 12-16 of this Code shall be presumed to be incapable
of committing an offense prohibited by Sections 12-13, 12-14,
12-14.1, 12-15 or 12-16 of this Code because of age, physical
condition or relationship to the victim, except as otherwise
provided in subsection (c) of this Section. Nothing in this
Section shall be construed to modify or abrogate the
affirmative defense of infancy under Section 6-1 of this Code
or the provisions of Section 5-805 of the Juvenile Court Act of
1987.
    (b) Any medical examination or procedure which is conducted
by a physician, nurse, medical or hospital personnel, parent,
or caretaker for purposes and in a manner consistent with
reasonable medical standards is not an offense under Sections
12-13, 12-14, 12-14.1, 12-15 and 12-16 of this Code.
    (c) (Blank).
    (d) (Blank).
    (e) After a finding at a preliminary hearing that there is
probable cause to believe that an accused has committed a
violation of Section 12-13, 12-14, or 12-14.1 of this Code, or
after an indictment is returned charging an accused with a
violation of Section 12-13, 12-14, or 12-14.1 of this Code, or
after a finding that a defendant charged with a violation of
Section 12-13, 12-14, or 12-14.1 of this Code is unfit to stand
trial pursuant to Section 104-16 of the Code of Criminal
Procedure of 1963 where the finding is made prior to
preliminary hearing, at the request of the person who was the
victim of the violation of Section 12-13, 12-14, or 12-14.1,
the prosecuting State's attorney shall seek an order from the
court to compel the accused to be tested within 48 hours for
any sexually transmissible disease, including a test for
infection with human immunodeficiency virus (HIV). The medical
tests shall be performed only by appropriately licensed medical
practitioners. Such testing shall consist of a test approved by
the Illinois Department of Public Health to determine the
presence of HIV infection, based upon recommendations of the
United States Centers for Disease Control and Prevention The
test for infection with human immunodeficiency virus (HIV)
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; in the event of a positive result,
a the Western Blot Assay or a more reliable supplemental
confirmatory test based upon recommendations of the United
States Centers for Disease Control and Prevention shall be
administered. The results of the tests and any follow-up tests
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the victim, to the defendant, to the State's
Attorney, and to the judge who entered the order, for the
judge's inspection in camera. The judge shall provide to the
victim a referral to the Illinois Department of Public Health
HIV/AIDS toll-free hotline for counseling and information in
connection with the test result. Acting in accordance with the
best interests of the victim and the public, the judge shall
have the discretion to determine to whom, if anyone, the result
of the testing may be revealed; however, in no case shall the
identity of the victim be disclosed. The court shall order that
the cost of the tests shall be paid by the county, and shall be
taxed as costs against the accused if convicted.
    (f) Whenever any law enforcement officer has reasonable
cause to believe that a person has been delivered a controlled
substance without his or her consent, the law enforcement
officer shall advise the victim about seeking medical treatment
and preserving evidence.
    (g) Every hospital providing emergency hospital services
to an alleged sexual assault survivor, when there is reasonable
cause to believe that a person has been delivered a controlled
substance without his or her consent, shall designate personnel
to provide:
        (1) An explanation to the victim about the nature and
    effects of commonly used controlled substances and how such
    controlled substances are administered.
        (2) An offer to the victim of testing for the presence
    of such controlled substances.
        (3) A disclosure to the victim that all controlled
    substances or alcohol ingested by the victim will be
    disclosed by the test.
        (4) A statement that the test is completely voluntary.
        (5) A form for written authorization for sample
    analysis of all controlled substances and alcohol ingested
    by the victim.
    A physician licensed to practice medicine in all its
branches may agree to be a designated person under this
subsection.
    No sample analysis may be performed unless the victim
returns a signed written authorization within 30 days after the
sample was collected.
    Any medical treatment or care under this subsection shall
be only in accordance with the order of a physician licensed to
practice medicine in all of its branches. Any testing under
this subsection shall be only in accordance with the order of a
licensed individual authorized to order the testing.
(Source: P.A. 94-397, eff. 1-1-06; 95-926, eff. 8-26-08.)
 
    Section 20. The Unified Code of Corrections is amended by
changing Sections 3-6-2, 3-8-2, and 3-10-2 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.
    (d-5) A person committed to the Department is entitled to
confidential testing for infection with human immunodeficiency
virus (HIV) and to counseling in connection with such testing,
with no copay to the committed person. A person committed to
the Department who has tested positive for infection with HIV
is entitled to medical care while incarcerated, counseling, and
referrals to support services, in connection with that positive
test result. Implementation of this subsection (d-5) is subject
to appropriation.
    (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 Department of Juvenile Justice, as set
forth in Section 3-2.5-15 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 a
test approved by the Illinois Department of Public Health to
determine the presence of HIV infection, based upon
recommendations of the United States Centers for Disease
Control and Prevention 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, a reliable supplemental the Western Blot Assay or
more reliable confirmatory test based upon recommendations of
the United States Centers for Disease Control and Prevention
shall be administered. All inmates tested in accordance with
the provisions of this subsection shall be provided with
pre-test information 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 Juvenile
Justice 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.
    (l) Prior to the release of any inmate, the Department must
provide the inmate with the option of testing for infection
with human immunodeficiency virus (HIV), as well as counseling
in connection with such testing, with no copayment for the
test. At the same time, the Department shall require each such
inmate to sign a form stating that the inmate has been informed
of his or her rights with respect to the testing required to be
offered under this subsection (l) and providing the inmate with
an opportunity to indicate either that he or she wants to be
tested or that he or she does not want to be tested. The
Department, in consultation with the Department of Public
Health, shall prescribe the contents of the form. The testing
provided under this subsection (l) shall consist of a test
approved by the Illinois Department of Public Health to
determine the presence of HIV infection, based upon
recommendations of the United States Centers for Disease
Control and Prevention an enzyme-linked immunosorbent assay
(ELISA) test or any other test approved by the Department of
Public Health. If the test result is positive, a the Western
Blot Assay or more reliable supplemental confirmatory test
based upon recommendations of the United States Centers for
Disease Control and Prevention shall be administered.
    Prior to the release of an inmate who the Department knows
has tested positive for infection with HIV, the Department in a
timely manner shall offer the inmate transitional case
management, including referrals to other support services.
    Implementation of this subsection (l) is subject to
appropriation.
    (m) The chief administrative officer of each institution or
facility of the Department shall make a room in the institution
or facility available for addiction recovery services to be
provided to committed persons on a voluntary basis. The
services shall be provided for one hour once a week at a time
specified by the chief administrative officer of the
institution or facility if the following conditions are met:
        (1) the addiction recovery service contacts the chief
    administrative officer to arrange the meeting;
        (2) the committed person may attend the meeting for
    addiction recovery services only if the committed person
    uses pre-existing free time already available to the
    committed person;
        (3) all disciplinary and other rules of the institution
    or facility remain in effect;
        (4) the committed person is not given any additional
    privileges to attend addiction recovery services;
        (5) if the addiction recovery service does not arrange
    for scheduling a meeting for that week, no addiction
    recovery services shall be provided to the committed person
    in the institution or facility for that week;
        (6) the number of committed persons who may attend an
    addiction recovery meeting shall not exceed 40 during any
    session held at the correctional institution or facility;
        (7) a volunteer seeking to provide addiction recovery
    services under this subsection (m) must submit an
    application to the Department of Corrections under
    existing Department rules and the Department must review
    the application within 60 days after submission of the
    application to the Department; and
        (8) each institution and facility of the Department
    shall manage the addiction recovery services program
    according to its own processes and procedures.
    For the purposes of this subsection (m), "addiction
recovery services" means recovery services for alcoholics and
addicts provided by volunteers of recovery support services
recognized by the Department of Human Services.
(Source: P.A. 96-284, eff. 1-1-10.)
 
    (730 ILCS 5/3-8-2)  (from Ch. 38, par. 1003-8-2)
    Sec. 3-8-2. Social Evaluation; physical examination;
HIV/AIDS.
    (a) A social evaluation shall be made of a committed
person's medical, psychological, educational and vocational
condition and history, including the use of alcohol and other
drugs, the circumstances of his offense, and such other
information as the Department may determine. The committed
person shall be assigned to an institution or facility in so
far as practicable in accordance with the social evaluation.
Recommendations shall be made for medical, dental,
psychiatric, psychological and social service treatment.
    (b) A record of the social evaluation shall be entered in
the committed person's master record file and shall be
forwarded to the institution or facility to which the person is
assigned.
    (c) Upon admission to a correctional institution each
committed person shall be given a physical examination. If he
is suspected of having a communicable disease that in the
judgment of the Department medical personnel requires medical
isolation, the committed person shall remain in medical
isolation until it is no longer deemed medically necessary.
    (d) Upon arrival at an inmate's final destination, the
Department must provide the committed person with appropriate
written information and counseling concerning HIV and AIDS. The
Department shall develop the written materials in consultation
with the Department of Public Health. At the same time, the
Department also must offer the committed person the option of
being tested, with no copayment, for infection with human
immunodeficiency virus (HIV). The Department shall require
each committed person to sign a form stating that the committed
person has been informed of his or her rights with respect to
the testing required to be offered under this subsection (d)
and providing the committed person with an opportunity to
indicate either that he or she wants to be tested or that he or
she does not want to be tested. The Department, in consultation
with the Department of Public Health, shall prescribe the
contents of the form. The testing provided under this
subsection (d) shall consist of a test approved by the Illinois
Department of Public Health to determine the presence of HIV
infection, based upon recommendations of the United States
Centers for Disease Control and Prevention an enzyme-linked
immunosorbent assay (ELISA) test or any other test approved by
the Department of Public Health. If the test result is
positive, a the Western Blot Assay or more reliable
supplemental confirmatory test based upon recommendations of
the United States Centers for Disease Control and Prevention
shall be administered. Implementation of this subsection (d) is
subject to appropriation.
(Source: P.A. 94-629, eff. 1-1-06.)
 
    (730 ILCS 5/3-10-2)  (from Ch. 38, par. 1003-10-2)
    Sec. 3-10-2. Examination of Persons Committed to the
Department of Juvenile Justice.
    (a) A person committed to the Department of Juvenile
Justice shall be examined in regard to his medical,
psychological, social, educational and vocational condition
and history, including the use of alcohol and other drugs, the
circumstances of his offense and any other information as the
Department of Juvenile Justice may determine.
    (a-5) Upon admission of a person committed to the
Department of Juvenile Justice, the Department of Juvenile
Justice must provide the person with appropriate written
information and counseling concerning HIV and AIDS. The
Department of Juvenile Justice shall develop the written
materials in consultation with the Department of Public Health.
At the same time, the Department of Juvenile Justice also must
offer the person the option of being tested, at no charge to
the person, for infection with human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). The Department of Juvenile
Justice shall require each person committed to the Department
of Juvenile Justice to sign a form stating that the person has
been informed of his or her rights with respect to the testing
required to be offered under this subsection (a-5) and
providing the person with an opportunity to indicate either
that he or she wants to be tested or that he or she does not
want to be tested. The Department of Juvenile Justice, in
consultation with the Department of Public Health, shall
prescribe the contents of the form. The testing provided under
this subsection (a-5) shall consist of a test approved by the
Illinois Department of Public Health to determine the presence
of HIV infection, based upon recommendations of the United
States Centers for Disease Control and Prevention an
enzyme-linked immunosorbent assay (ELISA) test or any other
test approved by the Department of Public Health. If the test
result is positive, a the Western Blot Assay or more reliable
supplemental confirmatory test based upon recommendations of
the United States Centers for Disease Control and Prevention
shall be administered.
    Also upon admission of a person committed to the Department
of Juvenile Justice, the Department of Juvenile Justice must
inform the person of the Department's obligation to provide the
person with medical care.
    Implementation of this subsection (a-5) is subject to
appropriation.
    (b) Based on its examination, the Department of Juvenile
Justice may exercise the following powers in developing a
treatment program of any person committed to the Department of
Juvenile Justice:
        (1) Require participation by him in vocational,
    physical, educational and corrective training and
    activities to return him to the community.
        (2) Place him in any institution or facility of the
    Department of Juvenile Justice.
        (3) Order replacement or referral to the Parole and
    Pardon Board as often as it deems desirable. The Department
    of Juvenile Justice shall refer the person to the Parole
    and Pardon Board as required under Section 3-3-4.
        (4) Enter into agreements with the Secretary of Human
    Services and the Director of Children and Family Services,
    with courts having probation officers, and with private
    agencies or institutions for separate care or special
    treatment of persons subject to the control of the
    Department of Juvenile Justice.
    (c) The Department of Juvenile Justice shall make periodic
reexamination of all persons under the control of the
Department of Juvenile Justice to determine whether existing
orders in individual cases should be modified or continued.
This examination shall be made with respect to every person at
least once annually.
    (d) A record of the treatment decision including any
modification thereof and the reason therefor, shall be part of
the committed person's master record file.
    (e) The Department of Juvenile Justice shall by certified
mail, return receipt requested, notify the parent, guardian or
nearest relative of any person committed to the Department of
Juvenile Justice of his physical location and any change
thereof.
(Source: P.A. 94-629, eff. 1-1-06; 94-696, eff. 6-1-06.)
 
    Section 25. The County Jail Act is amended by changing
Section 17.10 as follows:
 
    (730 ILCS 125/17.10)
    Sec. 17.10. Requirements in connection with HIV/AIDS.
    (a) In each county other than Cook, during the medical
admissions exam, the warden of the jail, a correctional officer
at the jail, or a member of the jail medical staff must provide
the prisoner with appropriate written information concerning
human immunodeficiency virus (HIV) and acquired
immunodeficiency syndrome (AIDS). The Department of Public
Health and community-based organizations certified to provide
HIV/AIDS testing must provide these informational materials to
the warden at no cost to the county. The warden, a correctional
officer, or a member of the jail medical staff must inform the
prisoner of the option of being tested for infection with HIV
by a certified local community-based agency or other available
medical provider at no charge to the prisoner.
    (b) In Cook County, during the medical admissions exam, an
employee of the Cook County Bureau of Health Services must
provide the prisoner with appropriate written information
concerning human immunodeficiency virus (HIV) and acquired
immunodeficiency syndrome (AIDS) and must also provide the
prisoner with option of testing for infection with HIV or any
other identified causative agent of AIDS, as well as counseling
in connection with such testing. The Department of Public
Health and community-based organizations certified to provide
HIV/AIDS testing must provide these informational materials to
the Bureau at no cost to the county. The testing provided under
this subsection (b) shall be conducted by the Cook County
Bureau of Health Services and shall consist of a test approved
by the Illinois Department of Public Health to determine the
presence of HIV infection, based upon recommendations of the
United States Centers for Disease Control and Prevention an
enzyme-linked immunosorbent assay (ELISA) test or any other
test approved by the Department of Public Health. If the test
result is positive, a the Western Blot Assay or more reliable
supplemental confirmatory test based upon recommendations of
the United States Centers for Disease Control and Prevention
shall be administered.
    (c) In each county, the warden of the jail must make
appropriate written information concerning HIV/AIDS available
to every visitor to the jail. This information must include
information concerning persons or entities to contact for local
counseling and testing. The Department of Public Health and
community-based organizations certified to provide HIV/AIDS
testing must provide these informational materials to the
warden at no cost to the office of the county sheriff.
    (d) Implementation of this Section is subject to
appropriation.
(Source: P.A. 94-629, eff. 1-1-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/4/2011