102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3784

 

Introduced 2/22/2021, by Rep. Aaron M. Ortiz

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-15003.7 new
730 ILCS 5/3-6-2  from Ch. 38, par. 1003-6-2

    Amends the Counties Code and the Unified Code of Corrections. Provides that if an incarcerated person is capable of providing consent, no medical procedure shall be performed without such informed consent.


LRB102 13605 KMF 18954 b

 

 

A BILL FOR

 

HB3784LRB102 13605 KMF 18954 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by adding Section
53-15003.7 as follows:
 
6    (55 ILCS 5/3-15003.7 new)
7    Sec. 3-15003.7. Informed Consent. Notwithstanding any
8provision of law to the contrary, if an incarcerated person is
9capable of providing consent, no medical procedure shall be
10performed without such informed consent.
 
11    Section 10. The Unified Code of Corrections is amended by
12changing Section 3-6-2 as follows:
 
13    (730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
14    Sec. 3-6-2. Institutions and facility administration.
15    (a) Each institution and facility of the Department shall
16be administered by a chief administrative officer appointed by
17the Director. A chief administrative officer shall be
18responsible for all persons assigned to the institution or
19facility. The chief administrative officer shall administer
20the programs of the Department for the custody and treatment
21of such persons.

 

 

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

 

 

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

 

 

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1need of medical or surgical treatment but is incapable of
2giving consent thereto shall receive such medical or surgical
3treatment by the chief administrative officer consenting on
4the person's behalf. Before the chief administrative officer
5consents, he or she shall obtain the advice of one or more
6physicians licensed to practice medicine in all its branches
7in this State. If such physician or physicians advise:
8        (1) that immediate medical or surgical treatment is
9    required relative to a condition threatening to cause
10    death, damage or impairment to bodily functions, or
11    disfigurement; and
12        (2) that the person is not capable of giving consent
13    to such treatment; the chief administrative officer may
14    give consent for such medical or surgical treatment, and
15    such consent shall be deemed to be the consent of the
16    person for all purposes, including, but not limited to,
17    the authority of a physician to give such treatment.
18    Notwithstanding any provision of law to the contrary, if
19an incarcerated person is capable of providing consent, no
20medical procedure shall be performed without such informed
21consent.
22    (e-5) If a physician providing medical care to a committed
23person on behalf of the Department advises the chief
24administrative officer that the committed person's mental or
25physical health has deteriorated as a result of the cessation
26of ingestion of food or liquid to the point where medical or

 

 

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1surgical treatment is required to prevent death, damage, or
2impairment to bodily functions, the chief administrative
3officer may authorize such medical or surgical treatment.
4    (f) In the event that the person requires medical care and
5treatment at a place other than the institution or facility,
6the person may be removed therefrom under conditions
7prescribed by the Department. Neither the Department of
8Corrections nor the Department of Juvenile Justice may require
9a committed person or person committed to any facility
10operated by the Department of Juvenile Justice, as set forth
11in Section 3-2.5-15 of this Code, to pay any co-payment for
12receiving medical or dental services.
13    (f-5) The Department shall comply with the Health Care
14Violence Prevention Act.
15    (g) Any person having sole custody of a child at the time
16of commitment or any woman giving birth to a child after her
17commitment, may arrange through the Department of Children and
18Family Services for suitable placement of the child outside of
19the Department of Corrections. The Director of the Department
20of Corrections may determine that there are special reasons
21why the child should continue in the custody of the mother
22until the child is 6 years old.
23    (h) The Department may provide Family Responsibility
24Services which may consist of, but not be limited to the
25following:
26        (1) family advocacy counseling;

 

 

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1        (2) parent self-help group;
2        (3) parenting skills training;
3        (4) parent and child overnight program;
4        (5) parent and child reunification counseling, either
5    separately or together, preceding the inmate's release;
6    and
7        (6) a prerelease reunification staffing involving the
8    family advocate, the inmate and the child's counselor, or
9    both and the inmate.
10    (i) (Blank).
11    (j) Any person convicted of a sex offense as defined in the
12Sex Offender Management Board Act shall be required to receive
13a sex offender evaluation prior to release into the community
14from the Department of Corrections. The sex offender
15evaluation shall be conducted in conformance with the
16standards and guidelines developed under the Sex Offender
17Management Board Act and by an evaluator approved by the
18Board.
19    (k) Any minor committed to the Department of Juvenile
20Justice for a sex offense as defined by the Sex Offender
21Management Board Act shall be required to undergo sex offender
22treatment by a treatment provider approved by the Board and
23conducted in conformance with the Sex Offender Management
24Board Act.
25    (l) Prior to the release of any inmate committed to a
26facility of the Department or the Department of Juvenile

 

 

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1Justice, the Department must provide the inmate with
2appropriate information verbally, in writing, by video, or
3other electronic means, concerning HIV and AIDS. The
4Department shall develop the informational materials in
5consultation with the Department of Public Health. At the same
6time, the Department must also offer the committed person the
7option of testing for infection with human immunodeficiency
8virus (HIV), with no copayment for the test. Pre-test
9information shall be provided to the committed person and
10informed consent obtained as required in subsection (d) of
11Section 3 and Section 5 of the AIDS Confidentiality Act. The
12Department may conduct opt-out HIV testing as defined in
13Section 4 of the AIDS Confidentiality Act. If the Department
14conducts opt-out HIV testing, the Department shall place signs
15in English, Spanish and other languages as needed in multiple,
16highly visible locations in the area where HIV testing is
17conducted informing inmates that they will be tested for HIV
18unless they refuse, and refusal or acceptance of testing shall
19be documented in the inmate's medical record. The Department
20shall follow procedures established by the Department of
21Public Health to conduct HIV testing and testing to confirm
22positive HIV test results. All testing must be conducted by
23medical personnel, but pre-test and other information may be
24provided by committed persons who have received appropriate
25training. The Department, in conjunction with the Department
26of Public Health, shall develop a plan that complies with the

 

 

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1AIDS Confidentiality Act to deliver confidentially all
2positive or negative HIV test results to inmates or former
3inmates. Nothing in this Section shall require the Department
4to offer HIV testing to an inmate who is known to be infected
5with HIV, or who has been tested for HIV within the previous
6180 days and whose documented HIV test result is available to
7the Department electronically. The testing provided under this
8subsection (l) shall consist of a test approved by the
9Illinois Department of Public Health to determine the presence
10of HIV infection, based upon recommendations of the United
11States Centers for Disease Control and Prevention. If the test
12result is positive, a reliable supplemental test based upon
13recommendations of the United States Centers for Disease
14Control and Prevention shall be administered.
15    Prior to the release of an inmate who the Department knows
16has tested positive for infection with HIV, the Department in
17a timely manner shall offer the inmate transitional case
18management, including referrals to other support services.
19    (m) The chief administrative officer of each institution
20or facility of the Department shall make a room in the
21institution or facility available for substance use disorder
22services to be provided to committed persons on a voluntary
23basis. The services shall be provided for one hour once a week
24at a time specified by the chief administrative officer of the
25institution or facility if the following conditions are met:
26        (1) the substance use disorder service contacts the

 

 

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1    chief administrative officer to arrange the meeting;
2        (2) the committed person may attend the meeting for
3    substance use disorder services only if the committed
4    person uses pre-existing free time already available to
5    the committed person;
6        (3) all disciplinary and other rules of the
7    institution or facility remain in effect;
8        (4) the committed person is not given any additional
9    privileges to attend substance use disorder services;
10        (5) if the substance use disorder service does not
11    arrange for scheduling a meeting for that week, no
12    substance use disorder services shall be provided to the
13    committed person in the institution or facility for that
14    week;
15        (6) the number of committed persons who may attend a
16    substance use disorder meeting shall not exceed 40 during
17    any session held at the correctional institution or
18    facility;
19        (7) a volunteer seeking to provide substance use
20    disorder services under this subsection (m) must submit an
21    application to the Department of Corrections under
22    existing Department rules and the Department must review
23    the application within 60 days after submission of the
24    application to the Department; and
25        (8) each institution and facility of the Department
26    shall manage the substance use disorder services program

 

 

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1    according to its own processes and procedures.
2    For the purposes of this subsection (m), "substance use
3disorder services" means recovery services for persons with
4substance use disorders provided by volunteers of recovery
5support services recognized by the Department of Human
6Services.
7(Source: P.A. 100-759, eff. 1-1-19; 100-1051, eff. 1-1-19;
8101-81, eff. 7-12-19; 101-86, eff. 1-1-20.)