HB4100 EngrossedLRB100 13779 SMS 28501 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Health
5Care Violence Prevention Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Committed person" means a person who is in the custody of
8or under the control of a custodial agency, including, but not
9limited to, a person who is incarcerated, under arrest,
10detained, or otherwise under the physical control of a
11custodial agency.
12    "Custodial agency" means the Illinois Department of
13Corrections, the Illinois State Police, the sheriff of a
14county, a county jail, a correctional institution, or any other
15State agency, municipality, or unit of local government that
16employs personnel designated as police, peace officers,
17wardens, corrections officers, or guards or that employs
18personnel vested by law with the power to place or maintain a
19person in custody.
20    "Health care provider" means a retail health care facility,
21a hospital subject to the Hospital Licensing Act or the
22University of Illinois Hospital Act, or a veterans home as
23defined in the Department of Veterans' Affairs Act.

 

 

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1    "Health care worker" means nursing assistants and other
2support personnel, any individual licensed under the laws of
3this State to provide health services, including but not
4limited to: dentists licensed under the Illinois Dental
5Practice Act; dental hygienists licensed under the Illinois
6Dental Practice Act; nurses and advanced practice registered
7nurses licensed under the Nurse Practice Act; occupational
8therapists licensed under the Illinois Occupational Therapy
9Practice Act; optometrists licensed under the Illinois
10Optometric Practice Act of 1987; pharmacists licensed under the
11Pharmacy Practice Act; physical therapists licensed under the
12Illinois Physical Therapy Act; physicians licensed under the
13Medical Practice Act of 1987; physician assistants licensed
14under the Physician Assistant Practice Act of 1987; podiatric
15physicians licensed under the Podiatric Medical Practice Act of
161987; clinical psychologists licensed under the Clinical
17Psychologist Licensing Act; clinical social workers licensed
18under the Clinical Social Work and Social Work Practice Act;
19speech-language pathologists and audiologists licensed under
20the Illinois Speech-Language Pathology and Audiology Practice
21Act; or hearing instrument dispensers licensed under the
22Hearing Instrument Consumer Protection Act, or any of their
23successor Acts.
24    "Nurse" means a person who is licensed to practice nursing
25under the Nurse Practice Act.
26    "Retail health care facility" means an institution, place,

 

 

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1or building, or any portion thereof, that:
2        (1) is devoted to the maintenance and operation of a
3    facility for the performance of health care services and is
4    located within a retail store at a specific location;
5        (2) does not provide surgical services or any form of
6    general anesthesia;
7        (3) does not provide beds or other accommodations for
8    either the long-term or overnight stay of patients; and
9        (4) discharges individual patients in an ambulatory
10    condition without danger to the continued well-being of the
11    patients and transfers non-ambulatory patients to
12    hospitals.
13    "Retail health care facility" does not include hospitals,
14long-term care facilities, ambulatory treatment centers, blood
15banks, clinical laboratories, offices of physicians, advanced
16practice registered nurses, podiatrists, and physician
17assistants, and pharmacies that provide limited health care
18services.
 
19    Section 10. Application. This Act applies to health care
20providers and custodial agencies as defined in Section 5.
21    This Act does not apply to an owner of an institution,
22place, building, or any portion of the institution, place, or
23building, who directly or indirectly leases space that is used
24by the lessee to operate a retail health care facility.
 

 

 

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1    Section 15. Workplace safety.
2    (a) A health care worker who contacts law enforcement or
3files a report with law enforcement against a patient or
4individual because of workplace violence shall provide notice
5to management of the health care provider by which he or she is
6employed within 3 days after contacting law enforcement or
7filing the report.
8    (b) No management of a health care provider may discourage
9a health care worker from exercising his or her right to
10contact law enforcement or file a report with law enforcement
11because of workplace violence.
12    (c) A health care provider that employs a health care
13worker shall display a notice stating that verbal aggression
14will not be tolerated and physical assault will be reported to
15law enforcement.
16    (d) The health care provider shall offer immediate
17post-incident services for a health care worker directly
18involved in a workplace violence incident caused by patients or
19their visitors, including acute treatment and access to
20psychological evaluation.
 
21    Section 20. Workplace violence prevention program.
22    (a) A health care provider shall create a workplace
23violence prevention program that complies with the
24Occupational Safety and Health Administration guidelines for
25preventing workplace violence for health care and social

 

 

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1service workers as amended or updated by the Occupational
2Safety and Health Administration.
3    (a-5) In addition, the workplace violence prevention
4program shall include:
5        (1) the following classifications of workplace
6    violence as one of 4 possible types:
7            (A) "Type 1 violence" means workplace violence
8        committed by a person who has no legitimate business at
9        the work site and includes violent acts by anyone who
10        enters the workplace with the intent to commit a crime.
11            (B) "Type 2 violence" means workplace violence
12        directed at employees by customers, clients, patients,
13        students, inmates, visitors, or other individuals
14        accompanying a patient.
15            (C) "Type 3 violence" means workplace violence
16        against an employee by a present or former employee,
17        supervisor, or manager.
18            (D) "Type 4 violence" means workplace violence
19        committed in the workplace by someone who does not work
20        there, but has or is known to have had a personal
21        relationship with an employee.
22        (2) management commitment and worker participation,
23    including, but not limited to, nurses;
24        (3) worksite analysis and identification of potential
25    hazards;
26        (4) hazard prevention and control;

 

 

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1        (5) safety and health training with required hours
2    determined by rule; and
3        (6) recordkeeping and evaluation of the violence
4    prevention program.
5    (b) The Department of Public Health may by rule adopt
6additional criteria for workplace violence prevention
7programs.
 
8    Section 25. Whistleblower protection. The Whistleblower
9Act applies to health care providers and their employees with
10respect to actions taken to implement or enforce compliance
11with this Act.
 
12    Section 30. Medical care for committed persons.
13    (a) If a committed person receives medical care and
14treatment at a place other than an institution or facility of
15the Department of Corrections, a county, or a municipality,
16then the institution or facility shall:
17        (1) to the greatest extent practicable, notify the
18    hospital or medical facility that is treating the committed
19    person prior to the committed person's visit and notify the
20    hospital or medical facility of any significant medical,
21    mental health, recent violent actions, or other safety
22    concerns regarding the patient;
23        (2) to the greatest extent practicable, ensure the
24    transferred committed person is accompanied by the most

 

 

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1    comprehensive medical records possible;
2        (3) provide at least one guard trained in custodial
3    escort and custody of high-risk committed persons to
4    accompany any committed person. The custodial agency shall
5    attest to such training for custodial escort and custody of
6    high-risk committed persons through: (A) the training of
7    the Department of Corrections or Department of Juvenile
8    Justice; (B) law enforcement training that is
9    substantially equivalent to the training of the Department
10    of Corrections or Department of Juvenile Justice; or (C)
11    the training described in Section 35. Under no
12    circumstances may leg irons or shackles or waist shackles
13    be used on any pregnant female prisoner who is in labor. In
14    addition, restraint of a pregnant female prisoner in the
15    custody of the Cook County shall comply with Section
16    3-15003.6 of the Counties Code. Additionally, restraints
17    shall not be used on a committed person if medical
18    personnel determine that the restraints would impede
19    medical treatment; and
20        (4) ensure that only medical personnel, Department of
21    Corrections, county, or municipality personnel, and
22    visitors on the committed person's approved institutional
23    visitors list may visit the committed person. Visitation by
24    a person on the committed person's approved institutional
25    visitors list shall be subject to the rules and procedures
26    of the hospital or medical facility and the Department of

 

 

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1    Corrections, county, or municipality. In any situation in
2    which a committed person is being visited:
3            (A) the name of the visitor must be listed per the
4        facility's or institution's documentation;
5            (B) the visitor shall submit to the search of his
6        or her person or any personal property under his or her
7        control at any time; and
8            (C) the custodial agency may deny the committed
9        person access to a telephone or limit the number of
10        visitors the committed person may receive for purposes
11        of safety.
12    If a committed person receives medical care and treatment
13at a place other than an institution or facility of the
14Department of Corrections, county, or municipality, then the
15custodial agency shall ensure that the committed person is
16wearing security restraints in accordance with the custodial
17agency's rules and procedures if the custodial agency
18determines that restraints are necessary for the following
19reasons: (i) to prevent physical harm to the committed person
20or another person; (ii) because the committed person has a
21history of disruptive behavior that has placed others in
22potentially harmful situations or presents a substantial risk
23of inflicting physical harm on himself or herself or others as
24evidenced by recent behavior; or (iii) there is a well-founded
25belief that the committed person presents a substantial risk of
26flight. Under no circumstances may leg irons or shackles or

 

 

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1waist shackles be used on any pregnant female prisoner who is
2in labor. In addition, restraint of a pregnant female prisoner
3in the custody of the Cook County shall comply with Section
43-15003.6 of the Counties Code.
5    The hospital or medical facility may establish protocols
6for the receipt of committed persons in collaboration with the
7Department of Corrections, county, or municipality,
8specifically with regard to potentially violent persons.
9    (b) If a committed person receives medical care and
10treatment at a place other than an institution or facility of
11the Department of Juvenile Justice, then the institution or
12facility shall:
13        (1) to the greatest extent practicable, notify the
14    hospital or medical facility that is treating the committed
15    person prior to the committed person's visit, and notify
16    the hospital or medical facility of any significant
17    medical, mental health, recent violent actions, or other
18    safety concerns regarding the patient;
19        (2) to the greatest extent practicable, ensure the
20    transferred committed person is accompanied by the most
21    comprehensive medical records possible;
22        (3) provide: (A) at least one guard trained in
23    custodial escort and custody of high-risk committed
24    persons to accompany any committed person. The custodial
25    agency shall attest to such training for custodial escort
26    and custody of high-risk committed persons through: (i) the

 

 

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1    training of the Department of Corrections or Department of
2    Juvenile Justice, (ii) law enforcement training that is
3    substantially equivalent to the training of the Department
4    of Corrections or Department of Juvenile Justice, or (iii)
5    the training described in Section 35; or (B) 2 guards to
6    accompany the committed person at all times during the
7    visit to the hospital or medical facility; and
8        (4) ensure that only medical personnel, Department of
9    Juvenile Justice personnel, and visitors on the committed
10    person's approved institutional visitors list may visit
11    the committed person. Visitation by a person on the
12    committed person's approved institutional visitors list
13    shall be subject to the rules and procedures of the
14    hospital or medical facility and the Department of Juvenile
15    Justice. In any situation in which a committed person is
16    being visited:
17            (A) the name of the visitor must be listed per the
18        facility's or institution's documentation;
19            (B) the visitor shall submit to the search of his
20        or her person or any personal property under his or her
21        control at any time; and
22            (C) the custodial agency may deny the committed
23        person access to a telephone or limit the number of
24        visitors the committed person may receive for purposes
25        of safety.
26    If a committed person receives medical care and treatment

 

 

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1at a place other than an institution or facility of the
2Department of Juvenile Justice, then the Department of Juvenile
3Justice shall ensure that the committed person is wearing
4security restraints on either his or her wrists or ankles in
5accordance with the rules and procedures of the Department of
6Juvenile Justice if the Department of Juvenile Justice
7determines that restraints are necessary for the following
8reasons: (i) to prevent physical harm to the committed person
9or another person; (ii) because the committed person has a
10history of disruptive behavior that has placed others in
11potentially harmful situations or presents a substantial risk
12of inflicting physical harm on himself or herself or others as
13evidenced by recent behavior; or (iii) there is a well-founded
14belief that the committed person presents a substantial risk of
15flight. Any restraints used on a committed person under this
16paragraph shall be the least restrictive restraints necessary
17to prevent flight or physical harm to the committed person or
18another person. Restraints shall not be used on the committed
19person as provided in this paragraph if medical personnel
20determine that the restraints would impede medical treatment.
21Under no circumstances may leg irons or shackles or waist
22shackles be used on any pregnant female prisoner who is in
23labor. In addition, restraint of a pregnant female prisoner in
24the custody of the Cook County shall comply with Section
253-15003.6 of the Counties Code.
26    The hospital or medical facility may establish protocols

 

 

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1for the receipt of committed persons in collaboration with the
2Department of Juvenile Justice, specifically with regard to
3persons recently exhibiting violence.
 
4    Section 35. Custodial agency training. The Illinois Law
5Enforcement Training Standards Board shall establish a
6curriculum for custodial escort and custody of high-risk
7committed persons certification, which shall include, but not
8be limited to, the following:
9        (1) handcuffing or shackling of a high-risk committed
10    person;
11        (2) mobile transportation of a committed person with
12    defense from the committed person's attack;
13        (3) outside facility threat assessment;
14        (4) hands-on weapons retention training; and
15        (5) custodial considerations for a high-risk committed
16    person in outside facilities.
 
17    Section 90. The State Police Act is amended by adding
18Section 45 as follows:
 
19    (20 ILCS 2610/45 new)
20    Sec. 45. Compliance with the Health Care Violence
21Prevention Act. The Department shall comply with the Health
22Care Violence Prevention Act.
 

 

 

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1    Section 95. The Department of Veterans' Affairs Act is
2amended by changing Section 2.07 as follows:
 
3    (20 ILCS 2805/2.07)  (from Ch. 126 1/2, par. 67.07)
4    Sec. 2.07. The Department shall employ and maintain
5sufficient and qualified staff at the veterans' homes (i) to
6fill all beds, subject to appropriation, and (ii) to fulfill
7the requirements of this Act. The Department shall report to
8the General Assembly, by January 1 and July 1 of each year, the
9number of staff employed in providing direct patient care at
10their veterans' homes, the compliance or noncompliance with
11staffing standards established by the United States Department
12of Veterans Affairs for such care, and in the event of
13noncompliance with such standards, the number of staff required
14for compliance. For purposes of this Section, a nurse who has a
15license application pending with the State shall not be deemed
16unqualified by the Department if the nurse is in compliance
17with Section 50-15 of the Nurse Practice Act.
18    A veterans home is subject to the Health Care Violence
19Prevention Act.
20(Source: P.A. 96-699, eff. 8-25-09; 97-297, eff. 1-1-12.)
 
21    Section 100. The University of Illinois Hospital Act is
22amended by adding Section 10 as follows:
 
23    (110 ILCS 330/10 new)

 

 

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1    Sec. 10. Compliance with the Health Care Violence
2Prevention Act. The University of Illinois Hospital shall
3comply with the Health Care Violence Prevention Act.
 
4    Section 105. The Hospital Licensing Act is amended by
5adding Section 9.8 as follows:
 
6    (210 ILCS 85/9.8 new)
7    Sec. 9.8. Compliance with the Health Care Violence
8Prevention Act. A hospital licensed under this Act shall comply
9with the Health Care Violence Prevention Act.
 
10    Section 110. The Unified Code of Corrections is amended by
11changing Section 3-6-2 as follows:
 
12    (730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
13    Sec. 3-6-2. Institutions and Facility Administration.
14    (a) Each institution and facility of the Department shall
15be administered by a chief administrative officer appointed by
16the Director. A chief administrative officer shall be
17responsible for all persons assigned to the institution or
18facility. The chief administrative officer shall administer
19the programs of the Department for the custody and treatment of
20such persons.
21    (b) The chief administrative officer shall have such
22assistants as the Department may assign.

 

 

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1    (c) The Director or Assistant Director shall have the
2emergency powers to temporarily transfer individuals without
3formal procedures to any State, county, municipal or regional
4correctional or detention institution or facility in the State,
5subject to the acceptance of such receiving institution or
6facility, or to designate any reasonably secure place in the
7State as such an institution or facility and to make transfers
8thereto. However, transfers made under emergency powers shall
9be reviewed as soon as practicable under Article 8, and shall
10be subject to Section 5-905 of the Juvenile Court Act of 1987.
11This Section shall not apply to transfers to the Department of
12Human Services which are provided for under Section 3-8-5 or
13Section 3-10-5.
14    (d) The Department shall provide educational programs for
15all committed persons so that all persons have an opportunity
16to attain the achievement level equivalent to the completion of
17the twelfth grade in the public school system in this State.
18Other higher levels of attainment shall be encouraged and
19professional instruction shall be maintained wherever
20possible. The Department may establish programs of mandatory
21education and may establish rules and regulations for the
22administration of such programs. A person committed to the
23Department who, during the period of his or her incarceration,
24participates in an educational program provided by or through
25the Department and through that program is awarded or earns the
26number of hours of credit required for the award of an

 

 

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1associate, baccalaureate, or higher degree from a community
2college, college, or university located in Illinois shall
3reimburse the State, through the Department, for the costs
4incurred by the State in providing that person during his or
5her incarceration with the education that qualifies him or her
6for the award of that degree. The costs for which reimbursement
7is required under this subsection shall be determined and
8computed by the Department under rules and regulations that it
9shall establish for that purpose. However, interest at the rate
10of 6% per annum shall be charged on the balance of those costs
11from time to time remaining unpaid, from the date of the
12person's parole, mandatory supervised release, or release
13constituting a final termination of his or her commitment to
14the Department until paid.
15    (d-5) A person committed to the Department is entitled to
16confidential testing for infection with human immunodeficiency
17virus (HIV) and to counseling in connection with such testing,
18with no copay to the committed person. A person committed to
19the Department who has tested positive for infection with HIV
20is entitled to medical care while incarcerated, counseling, and
21referrals to support services, in connection with that positive
22test result. Implementation of this subsection (d-5) is subject
23to appropriation.
24    (e) A person committed to the Department who becomes in
25need of medical or surgical treatment but is incapable of
26giving consent thereto shall receive such medical or surgical

 

 

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1treatment by the chief administrative officer consenting on the
2person's behalf. Before the chief administrative officer
3consents, he or she shall obtain the advice of one or more
4physicians licensed to practice medicine in all its branches in
5this State. If such physician or physicians advise:
6        (1) that immediate medical or surgical treatment is
7    required relative to a condition threatening to cause
8    death, damage or impairment to bodily functions, or
9    disfigurement; and
10        (2) that the person is not capable of giving consent to
11    such treatment; the chief administrative officer may give
12    consent for such medical or surgical treatment, and such
13    consent shall be deemed to be the consent of the person for
14    all purposes, including, but not limited to, the authority
15    of a physician to give such treatment.
16    (e-5) If a physician providing medical care to a committed
17person on behalf of the Department advises the chief
18administrative officer that the committed person's mental or
19physical health has deteriorated as a result of the cessation
20of ingestion of food or liquid to the point where medical or
21surgical treatment is required to prevent death, damage, or
22impairment to bodily functions, the chief administrative
23officer may authorize such medical or surgical treatment.
24    (f) In the event that the person requires medical care and
25treatment at a place other than the institution or facility,
26the person may be removed therefrom under conditions prescribed

 

 

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1by the Department. The Department shall require the committed
2person receiving medical or dental services on a non-emergency
3basis to pay a $5 co-payment to the Department for each visit
4for medical or dental services. The amount of each co-payment
5shall be deducted from the committed person's individual
6account. A committed person who has a chronic illness, as
7defined by Department rules and regulations, shall be exempt
8from the $5 co-payment for treatment of the chronic illness. A
9committed person shall not be subject to a $5 co-payment for
10follow-up visits ordered by a physician, who is employed by, or
11contracts with, the Department. A committed person who is
12indigent is exempt from the $5 co-payment and is entitled to
13receive medical or dental services on the same basis as a
14committed person who is financially able to afford the
15co-payment. For purposes of this Section only, "indigent" means
16a committed person who has $20 or less in his or her Inmate
17Trust Fund at the time of such services and for the 30 days
18prior to such services. Notwithstanding any other provision in
19this subsection (f) to the contrary, any person committed to
20any facility operated by the Department of Juvenile Justice, as
21set forth in Section 3-2.5-15 of this Code, is exempt from the
22co-payment requirement for the duration of confinement in those
23facilities.
24    (f-5) The Department shall comply with the Health Care
25Violence Prevention Act.
26    (g) Any person having sole custody of a child at the time

 

 

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1of commitment or any woman giving birth to a child after her
2commitment, may arrange through the Department of Children and
3Family Services for suitable placement of the child outside of
4the Department of Corrections. The Director of the Department
5of Corrections may determine that there are special reasons why
6the child should continue in the custody of the mother until
7the child is 6 years old.
8    (h) The Department may provide Family Responsibility
9Services which may consist of, but not be limited to the
10following:
11        (1) family advocacy counseling;
12        (2) parent self-help group;
13        (3) parenting skills training;
14        (4) parent and child overnight program;
15        (5) parent and child reunification counseling, either
16    separately or together, preceding the inmate's release;
17    and
18        (6) a prerelease reunification staffing involving the
19    family advocate, the inmate and the child's counselor, or
20    both and the inmate.
21    (i) (Blank).
22    (j) Any person convicted of a sex offense as defined in the
23Sex Offender Management Board Act shall be required to receive
24a sex offender evaluation prior to release into the community
25from the Department of Corrections. The sex offender evaluation
26shall be conducted in conformance with the standards and

 

 

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1guidelines developed under the Sex Offender Management Board
2Act and by an evaluator approved by the Board.
3    (k) Any minor committed to the Department of Juvenile
4Justice for a sex offense as defined by the Sex Offender
5Management Board Act shall be required to undergo sex offender
6treatment by a treatment provider approved by the Board and
7conducted in conformance with the Sex Offender Management Board
8Act.
9    (l) Prior to the release of any inmate committed to a
10facility of the Department or the Department of Juvenile
11Justice, the Department must provide the inmate with
12appropriate information verbally, in writing, by video, or
13other electronic means, concerning HIV and AIDS. The Department
14shall develop the informational materials in consultation with
15the Department of Public Health. At the same time, the
16Department must also offer the committed person the option of
17testing for infection with human immunodeficiency virus (HIV),
18with no copayment for the test. Pre-test information shall be
19provided to the committed person and informed consent obtained
20as required in subsection (d) of Section 3 and Section 5 of the
21AIDS Confidentiality Act. The Department may conduct opt-out
22HIV testing as defined in Section 4 of the AIDS Confidentiality
23Act. If the Department conducts opt-out HIV testing, the
24Department shall place signs in English, Spanish and other
25languages as needed in multiple, highly visible locations in
26the area where HIV testing is conducted informing inmates that

 

 

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1they will be tested for HIV unless they refuse, and refusal or
2acceptance of testing shall be documented in the inmate's
3medical record. The Department shall follow procedures
4established by the Department of Public Health to conduct HIV
5testing and testing to confirm positive HIV test results. All
6testing must be conducted by medical personnel, but pre-test
7and other information may be provided by committed persons who
8have received appropriate training. The Department, in
9conjunction with the Department of Public Health, shall develop
10a plan that complies with the AIDS Confidentiality Act to
11deliver confidentially all positive or negative HIV test
12results to inmates or former inmates. Nothing in this Section
13shall require the Department to offer HIV testing to an inmate
14who is known to be infected with HIV, or who has been tested
15for HIV within the previous 180 days and whose documented HIV
16test result is available to the Department electronically. The
17testing provided under this subsection (l) shall consist of a
18test approved by the Illinois Department of Public Health to
19determine the presence of HIV infection, based upon
20recommendations of the United States Centers for Disease
21Control and Prevention. If the test result is positive, a
22reliable supplemental test based upon recommendations of the
23United States Centers for Disease Control and Prevention shall
24be administered.
25    Prior to the release of an inmate who the Department knows
26has tested positive for infection with HIV, the Department in a

 

 

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1timely manner shall offer the inmate transitional case
2management, including referrals to other support services.
3    (m) The chief administrative officer of each institution or
4facility of the Department shall make a room in the institution
5or facility available for addiction recovery services to be
6provided to committed persons on a voluntary basis. The
7services shall be provided for one hour once a week at a time
8specified by the chief administrative officer of the
9institution or facility if the following conditions are met:
10        (1) the addiction recovery service contacts the chief
11    administrative officer to arrange the meeting;
12        (2) the committed person may attend the meeting for
13    addiction recovery services only if the committed person
14    uses pre-existing free time already available to the
15    committed person;
16        (3) all disciplinary and other rules of the institution
17    or facility remain in effect;
18        (4) the committed person is not given any additional
19    privileges to attend addiction recovery services;
20        (5) if the addiction recovery service does not arrange
21    for scheduling a meeting for that week, no addiction
22    recovery services shall be provided to the committed person
23    in the institution or facility for that week;
24        (6) the number of committed persons who may attend an
25    addiction recovery meeting shall not exceed 40 during any
26    session held at the correctional institution or facility;

 

 

HB4100 Engrossed- 23 -LRB100 13779 SMS 28501 b

1        (7) a volunteer seeking to provide addiction recovery
2    services under this subsection (m) must submit an
3    application to the Department of Corrections under
4    existing Department rules and the Department must review
5    the application within 60 days after submission of the
6    application to the Department; and
7        (8) each institution and facility of the Department
8    shall manage the addiction recovery services program
9    according to its own processes and procedures.
10    For the purposes of this subsection (m), "addiction
11recovery services" means recovery services for alcoholics and
12addicts provided by volunteers of recovery support services
13recognized by the Department of Human Services.
14(Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323,
15eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12;
1697-813, eff. 7-13-12.)
 
17    Section 115. The County Jail Act is amended by changing
18Section 17.5 and by adding Section 17.15 as follows:
 
19    (730 ILCS 125/17.5)
20    Sec. 17.5. Pregnant female prisoners. Notwithstanding any
21other statute, directive, or administrative regulation, when a
22pregnant female prisoner is brought to a hospital from a county
23jail for the purpose of delivering her baby, no handcuffs,
24shackles, or restraints of any kind may be used during her

 

 

HB4100 Engrossed- 24 -LRB100 13779 SMS 28501 b

1transport to a medical facility for the purpose of delivering
2her baby. Under no circumstances may leg irons or shackles or
3waist shackles be used on any pregnant female prisoner who is
4in labor. In addition, restraint of a pregnant female prisoner
5in the custody of the Cook County shall comply with Section
63-15003.6 of the Counties Code. Upon the pregnant female
7prisoner's entry to the hospital delivery room, 2 a county
8correctional officers officer must be posted immediately
9outside the delivery room. The Sheriff must provide for
10adequate personnel to monitor the pregnant female prisoner
11during her transport to and from the hospital and during her
12stay at the hospital.
13(Source: P.A. 91-253, eff. 1-1-00.)
 
14    (730 ILCS 125/17.15 new)
15    Sec. 17.15. Compliance with the Health Care Violence
16Prevention Act. The sheriff or warden of the jail shall comply
17with the Health Care Violence Prevention Act.