Rep. Carol Ammons

Filed: 4/26/2018





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2    AMENDMENT NO. ______. Amend House Bill 5104, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Unified Code of Corrections is amended by
6changing Section 3-6-2 as follows:
7    (730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
8    Sec. 3-6-2. Institutions and Facility Administration.
9    (a) Each institution and facility of the Department shall
10be administered by a chief administrative officer appointed by
11the Director. A chief administrative officer shall be
12responsible for all persons assigned to the institution or
13facility. The chief administrative officer shall administer
14the programs of the Department for the custody and treatment of
15such persons.
16    (b) The chief administrative officer shall have such



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



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



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



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1the person may be removed therefrom under conditions prescribed
2by the Department. Neither the Department of Corrections nor
3the Department of Juvenile Justice may require a committed
4person or person committed to any facility operated by the
5Department of Juvenile Justice, as set forth in Section
63-2.5-15 of this Code, to pay any co-payment for receiving
7medical or dental services. The Department shall require the
8committed person receiving medical or dental services on a
9non-emergency basis to pay a $5 co-payment to the Department
10for each visit for medical or dental services. The amount of
11each co-payment shall be deducted from the committed person's
12individual account. A committed person who has a chronic
13illness, as defined by Department rules and regulations, shall
14be exempt from the $5 co-payment for treatment of the chronic
15illness. A committed person shall not be subject to a $5
16co-payment for follow-up visits ordered by a physician, who is
17employed by, or contracts with, the Department. A committed
18person who is indigent is exempt from the $5 co-payment and is
19entitled to receive medical or dental services on the same
20basis as a committed person who is financially able to afford
21the co-payment. For purposes of this Section only, "indigent"
22means a committed person who has $20 or less in his or her
23Inmate Trust Fund at the time of such services and for the 30
24days prior to such services. Notwithstanding any other
25provision in this subsection (f) to the contrary, any person
26committed to any facility operated by the Department of



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1Juvenile Justice, as set forth in Section 3-2.5-15 of this
2Code, is exempt from the co-payment requirement for the
3duration of confinement in those facilities.
4    (g) Any person having sole custody of a child at the time
5of commitment or any woman giving birth to a child after her
6commitment, may arrange through the Department of Children and
7Family Services for suitable placement of the child outside of
8the Department of Corrections. The Director of the Department
9of Corrections may determine that there are special reasons why
10the child should continue in the custody of the mother until
11the child is 6 years old.
12    (h) The Department may provide Family Responsibility
13Services which may consist of, but not be limited to the
15        (1) family advocacy counseling;
16        (2) parent self-help group;
17        (3) parenting skills training;
18        (4) parent and child overnight program;
19        (5) parent and child reunification counseling, either
20    separately or together, preceding the inmate's release;
21    and
22        (6) a prerelease reunification staffing involving the
23    family advocate, the inmate and the child's counselor, or
24    both and the inmate.
25    (i) (Blank).
26    (j) Any person convicted of a sex offense as defined in the



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



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



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



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1    in the institution or facility for that week;
2        (6) the number of committed persons who may attend an
3    addiction recovery meeting shall not exceed 40 during any
4    session held at the correctional institution or facility;
5        (7) a volunteer seeking to provide addiction recovery
6    services under this subsection (m) must submit an
7    application to the Department of Corrections under
8    existing Department rules and the Department must review
9    the application within 60 days after submission of the
10    application to the Department; and
11        (8) each institution and facility of the Department
12    shall manage the addiction recovery services program
13    according to its own processes and procedures.
14    For the purposes of this subsection (m), "addiction
15recovery services" means recovery services for alcoholics and
16addicts provided by volunteers of recovery support services
17recognized by the Department of Human Services.
18(Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323,
19eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12;
2097-813, eff. 7-13-12.)".