Rep. Constance A. Howard

Filed: 4/8/2005

 

 


 

 


 
09400HB2578ham002 LRB094 07259 DRJ 44723 a

1
AMENDMENT TO HOUSE BILL 2578

2     AMENDMENT NO. ______. Amend House Bill 2578, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 1. Short title. This Act may be cited as the
6 African-American HIV/AIDS Response Act.
 
7     Section 5. Legislative finding. The General Assembly finds
8 that HIV/AIDS in the African-American community is a crisis
9 separate and apart from the overall issue of HIV/AIDS in other
10 communities.
 
11     Section 10. African-American HIV/AIDS Response Officer. An
12 African-American HIV/AIDS Response Officer, responsible for
13 coordinating efforts to address the African-American AIDS
14 crisis within his or her respective Office or Department and
15 serving as a liaison to governmental and non-governmental
16 entities beyond his or her respective Office or Department
17 regarding the same, shall be designated in each of the
18 following:
19         (1) The Office of the Governor.
20         (2) The Department of Human Services.
21         (3) The Department of Public Health.
22         (4) The Department of Corrections.
 

 

 

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1     Section 15. State agencies; HIV testing.
2     (a) In this Section:
3     "High-risk community" means a community designated as
4 high-risk by the Department of Public Health in rules.
5     "High-traffic facility" means a high-traffic facility as
6 defined by the State agency operating the facility.
7     "State agency" means (i) any department of State government
8 created under Section 5-15 of the Departments of State
9 Government Law of the Civil Administrative Code of Illinois or
10 (ii) the Office of the Secretary of State.
11     (b) The Department of Public Health shall coordinate the
12 response to HIV/AIDS in the African-American community.
13     (c) A State agency that operates a facility that (i) is
14 accessible to the public, (ii) is a high-traffic facility, and
15 (iii) serves a high-risk community must provide the following
16 in each such facility where space and security reasonably
17 permit: space for free HIV counseling and antibody testing to a
18 community-based organization licensed to do testing, in
19 accordance with the AIDS Confidentiality Act and rules adopted
20 by the Department of Public Health. The State agency or its
21 employees shall not conduct any counseling or testing required
22 to be provided under this subsection, but the agency shall make
23 appropriate arrangements with one or more certified
24 community-based organizations to conduct the counseling or
25 testing. The testing required to be provided under this
26 subsection is the rapid testing authorized under Section 5.5 of
27 the AIDS Confidentiality Act.
28     (d) Neither the State of Illinois nor any State agency
29 supplying space for services authorized by this Section shall
30 be liable for damages based on the provision of such space or
31 claimed to result from any services performed in such space,
32 except that this immunity does not apply in the case of willful
33 and wanton misconduct.
 

 

 

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1     Section 20. Study. The Illinois HIV/AIDS Policy and
2 Research Institute at Chicago State University shall conduct a
3 study to determine whether there is a correlation between
4 incarceration and HIV infection.
 
5     Section 25. HIV/AIDS Response Review Panel.
6     (a) The HIV/AIDS Response Review Panel is established
7 within the Office of the Governor. The Panel shall consist of
8 the following members:
9         (1) One member appointed by the Governor. This member
10     shall serve as the Chair of the Panel.
11         (2) One representative of each of the following,
12     appointed by the head of the department: the Department of
13     Corrections; the Department of Human Services; and the
14     Department of Public Health.
15         (3) Two ex-offenders who are familiar with the issue of
16     HIV/AIDS as it relates to incarceration, appointed by
17     Governor. One of these members must be from Cook County,
18     and the other must be from a county other than Cook. Both
19     of these members must have received a final discharge from
20     the Department of Corrections.
21         (4) Three representatives of HIV/AIDS organizations
22     that have been in business for at least 2 years, appointed
23     by Governor. In the case of such an organization that
24     represents a constituency the majority of whom are
25     African-American, the organization's representative who is
26     a member of the Panel must be African-American.
27     (b) The Panel shall review the implementation of this Act
28 within the Department of Corrections and shall file a report
29 with the General Assembly and with the Governor every January 1
30 stating the results of its review.
 
31     Section 30. Rules.
32     (a) No later than January 15, 2006, the Department of

 

 

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1 Public Health shall issue proposed rules for designating
2 high-risk communities and for implementing subsection (c) of
3 Section 15. The rules must include, but may not be limited to,
4 a standard testing protocol, training for staff,
5 community-based organization experience, and the removal and
6 proper disposal of hazardous waste.
7     (b) The Department of Human Services, the Department of
8 Public Health, and the Department of Corrections shall adopt
9 rules as necessary to ensure that this Act is implemented
10 within 6 months after the effective date of this Act.
 
11     Section 90. The Department of Public Health Powers and
12 Duties Law of the Civil Administrative Code of Illinois is
13 amended by adding Section 2310-321 as follows:
 
14     (20 ILCS 2310/2310-321 new)
15     Sec. 2310-321. Information for persons committed to the
16 Department of Corrections and persons confined in a county
17 jail. On the Department's official Web site, the Department
18 shall provide Web-friendly and printer-friendly versions of
19 educational materials targeted to persons presently or
20 previously committed to the Department of Corrections or
21 confined in a county jail, as well as family members and
22 friends of such persons. The information shall include
23 information concerning testing, counseling, and case
24 management, including referrals and support services, in
25 connection with human immunodeficiency virus (HIV) or any other
26 identified causative agent of acquired immunodeficiency
27 syndrome (AIDS).
 
28     Section 92. The Illinois Public Aid Code is amended by
29 changing Sections 5-2 and 9A-4 and by adding Section 5-5.04 as
30 follows:
 

 

 

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1     (305 ILCS 5/5-2)  (from Ch. 23, par. 5-2)
2     Sec. 5-2. Classes of Persons Eligible. Medical assistance
3 under this Article shall be available to any of the following
4 classes of persons in respect to whom a plan for coverage has
5 been submitted to the Governor by the Illinois Department and
6 approved by him:
7     1. Recipients of basic maintenance grants under Articles
8 III and IV.
9     2. Persons otherwise eligible for basic maintenance under
10 Articles III and IV but who fail to qualify thereunder on the
11 basis of need, and who have insufficient income and resources
12 to meet the costs of necessary medical care, including but not
13 limited to the following:
14         (a) All persons otherwise eligible for basic
15     maintenance under Article III but who fail to qualify under
16     that Article on the basis of need and who meet either of
17     the following requirements:
18             (i) their income, as determined by the Illinois
19         Department in accordance with any federal
20         requirements, is equal to or less than 70% in fiscal
21         year 2001, equal to or less than 85% in fiscal year
22         2002 and until a date to be determined by the
23         Department by rule, and equal to or less than 100%
24         beginning on the date determined by the Department by
25         rule, of the nonfarm income official poverty line, as
26         defined by the federal Office of Management and Budget
27         and revised annually in accordance with Section 673(2)
28         of the Omnibus Budget Reconciliation Act of 1981,
29         applicable to families of the same size; or
30             (ii) their income, after the deduction of costs
31         incurred for medical care and for other types of
32         remedial care, is equal to or less than 70% in fiscal
33         year 2001, equal to or less than 85% in fiscal year
34         2002 and until a date to be determined by the

 

 

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1         Department by rule, and equal to or less than 100%
2         beginning on the date determined by the Department by
3         rule, of the nonfarm income official poverty line, as
4         defined in item (i) of this subparagraph (a).
5         (b) All persons who would be determined eligible for
6     such basic maintenance under Article IV by disregarding the
7     maximum earned income permitted by federal law.
8     3. Persons who would otherwise qualify for Aid to the
9 Medically Indigent under Article VII.
10     4. Persons not eligible under any of the preceding
11 paragraphs who fall sick, are injured, or die, not having
12 sufficient money, property or other resources to meet the costs
13 of necessary medical care or funeral and burial expenses.
14     5. (a) Women during pregnancy, after the fact of pregnancy
15     has been determined by medical diagnosis, and during the
16     60-day period beginning on the last day of the pregnancy,
17     together with their infants and children born after
18     September 30, 1983, whose income and resources are
19     insufficient to meet the costs of necessary medical care to
20     the maximum extent possible under Title XIX of the Federal
21     Social Security Act.
22         (b) The Illinois Department and the Governor shall
23     provide a plan for coverage of the persons eligible under
24     paragraph 5(a) by April 1, 1990. Such plan shall provide
25     ambulatory prenatal care to pregnant women during a
26     presumptive eligibility period and establish an income
27     eligibility standard that is equal to 133% of the nonfarm
28     income official poverty line, as defined by the federal
29     Office of Management and Budget and revised annually in
30     accordance with Section 673(2) of the Omnibus Budget
31     Reconciliation Act of 1981, applicable to families of the
32     same size, provided that costs incurred for medical care
33     are not taken into account in determining such income
34     eligibility.

 

 

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1         (c) The Illinois Department may conduct a
2     demonstration in at least one county that will provide
3     medical assistance to pregnant women, together with their
4     infants and children up to one year of age, where the
5     income eligibility standard is set up to 185% of the
6     nonfarm income official poverty line, as defined by the
7     federal Office of Management and Budget. The Illinois
8     Department shall seek and obtain necessary authorization
9     provided under federal law to implement such a
10     demonstration. Such demonstration may establish resource
11     standards that are not more restrictive than those
12     established under Article IV of this Code.
13     6. Persons under the age of 18 who fail to qualify as
14 dependent under Article IV and who have insufficient income and
15 resources to meet the costs of necessary medical care to the
16 maximum extent permitted under Title XIX of the Federal Social
17 Security Act.
18     7. Persons who are under 21 years of age and would qualify
19 as disabled as defined under the Federal Supplemental Security
20 Income Program, provided medical service for such persons would
21 be eligible for Federal Financial Participation, and provided
22 the Illinois Department determines that:
23         (a) the person requires a level of care provided by a
24     hospital, skilled nursing facility, or intermediate care
25     facility, as determined by a physician licensed to practice
26     medicine in all its branches;
27         (b) it is appropriate to provide such care outside of
28     an institution, as determined by a physician licensed to
29     practice medicine in all its branches;
30         (c) the estimated amount which would be expended for
31     care outside the institution is not greater than the
32     estimated amount which would be expended in an institution.
33     8. Persons who become ineligible for basic maintenance
34 assistance under Article IV of this Code in programs

 

 

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1 administered by the Illinois Department due to employment
2 earnings and persons in assistance units comprised of adults
3 and children who become ineligible for basic maintenance
4 assistance under Article VI of this Code due to employment
5 earnings. The plan for coverage for this class of persons
6 shall:
7         (a) extend the medical assistance coverage for up to 12
8     months following termination of basic maintenance
9     assistance; and
10         (b) offer persons who have initially received 6 months
11     of the coverage provided in paragraph (a) above, the option
12     of receiving an additional 6 months of coverage, subject to
13     the following:
14             (i) such coverage shall be pursuant to provisions
15         of the federal Social Security Act;
16             (ii) such coverage shall include all services
17         covered while the person was eligible for basic
18         maintenance assistance;
19             (iii) no premium shall be charged for such
20         coverage; and
21             (iv) such coverage shall be suspended in the event
22         of a person's failure without good cause to file in a
23         timely fashion reports required for this coverage
24         under the Social Security Act and coverage shall be
25         reinstated upon the filing of such reports if the
26         person remains otherwise eligible.
27     9. Persons with acquired immunodeficiency syndrome (AIDS)
28 or with AIDS-related conditions with respect to whom there has
29 been a determination that but for home or community-based
30 services such individuals would require the level of care
31 provided in an inpatient hospital, skilled nursing facility or
32 intermediate care facility the cost of which is reimbursed
33 under this Article. Assistance shall be provided to such
34 persons to the maximum extent permitted under Title XIX of the

 

 

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1 Federal Social Security Act.
2     10. Participants in the long-term care insurance
3 partnership program established under the Partnership for
4 Long-Term Care Act who meet the qualifications for protection
5 of resources described in Section 25 of that Act.
6     11. Persons with disabilities who are employed and eligible
7 for Medicaid, pursuant to Section 1902(a)(10)(A)(ii)(xv) of
8 the Social Security Act, as provided by the Illinois Department
9 by rule.
10     12. Subject to federal approval, persons who are eligible
11 for medical assistance coverage under applicable provisions of
12 the federal Social Security Act and the federal Breast and
13 Cervical Cancer Prevention and Treatment Act of 2000. Those
14 eligible persons are defined to include, but not be limited to,
15 the following persons:
16         (1) persons who have been screened for breast or
17     cervical cancer under the U.S. Centers for Disease Control
18     and Prevention Breast and Cervical Cancer Program
19     established under Title XV of the federal Public Health
20     Services Act in accordance with the requirements of Section
21     1504 of that Act as administered by the Illinois Department
22     of Public Health; and
23         (2) persons whose screenings under the above program
24     were funded in whole or in part by funds appropriated to
25     the Illinois Department of Public Health for breast or
26     cervical cancer screening.
27 "Medical assistance" under this paragraph 12 shall be identical
28 to the benefits provided under the State's approved plan under
29 Title XIX of the Social Security Act. The Department must
30 request federal approval of the coverage under this paragraph
31 12 within 30 days after the effective date of this amendatory
32 Act of the 92nd General Assembly.
33     13. Subject to federal approval, persons living with
34 HIV/AIDS who are not otherwise eligible under this Article and

 

 

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1 who qualify for services covered under Section 5-5.04 as
2 provided by the Illinois Department by rule.
3     The Illinois Department and the Governor shall provide a
4 plan for coverage of the persons eligible under paragraph 7 as
5 soon as possible after July 1, 1984.
6     The eligibility of any such person for medical assistance
7 under this Article is not affected by the payment of any grant
8 under the Senior Citizens and Disabled Persons Property Tax
9 Relief and Pharmaceutical Assistance Act or any distributions
10 or items of income described under subparagraph (X) of
11 paragraph (2) of subsection (a) of Section 203 of the Illinois
12 Income Tax Act. The Department shall by rule establish the
13 amounts of assets to be disregarded in determining eligibility
14 for medical assistance, which shall at a minimum equal the
15 amounts to be disregarded under the Federal Supplemental
16 Security Income Program. The amount of assets of a single
17 person to be disregarded shall not be less than $2,000, and the
18 amount of assets of a married couple to be disregarded shall
19 not be less than $3,000.
20     To the extent permitted under federal law, any person found
21 guilty of a second violation of Article VIIIA shall be
22 ineligible for medical assistance under this Article, as
23 provided in Section 8A-8.
24     The eligibility of any person for medical assistance under
25 this Article shall not be affected by the receipt by the person
26 of donations or benefits from fundraisers held for the person
27 in cases of serious illness, as long as neither the person nor
28 members of the person's family have actual control over the
29 donations or benefits or the disbursement of the donations or
30 benefits.
31 (Source: P.A. 92-16, eff. 6-28-01; 92-47, eff. 7-3-01; 92-597,
32 eff. 6-28-02; 93-20, eff. 6-20-03.)
 
33     (305 ILCS 5/5-5.04 new)

 

 

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1     Sec. 5-5.04. Persons living with HIV/AIDS. The Department
2 of Public Aid may seek federal approval to expand access to
3 health care for persons living with HIV/AIDS.
 
4     (305 ILCS 5/9A-4)  (from Ch. 23, par. 9A-4)
5     Sec. 9A-4. Participation.
6     (a) Except for those exempted under subsection (b) below,
7 and to the extent resources permit, the Illinois Department as
8 a condition of eligibility for public aid, may, as provided by
9 rule, require all recipients to participate in an education,
10 training, and employment program, which shall include
11 accepting suitable employment and refraining from terminating
12 employment or reducing earnings without good cause.
13     (b) Recipients shall be exempt from the requirement of
14 participation in the education, training, and employment
15 program in the following circumstances:
16         (1) The recipient is a person over age 60; or
17         (2) The recipient is a person with a child under age
18     one.
19     Recipients are entitled to request a reasonable
20 modification to the requirement of participation in the
21 education, training and employment program in order to
22 accommodate a qualified individual with a disability as defined
23 by the Americans with Disabilities Act. Requests for a
24 reasonable modification shall be evaluated on a case-by-case
25 functional basis by designated staff based on Department rule.
26 All such requests shall be monitored as part of the agency's
27 quality assurance process or processes to attest to the
28 expediency with which such requests are addressed.
29 (Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.)
 
30     Section 94. The Unified Code of Corrections is amended by
31 changing Sections 3-6-2, 3-7-2, 3-8-2, and 3-10-2 and by adding
32 Section 3-2-11 as follows:
 

 

 

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1     (730 ILCS 5/3-2-11 new)
2     Sec. 3-2-11. Web link to Department of Public Health
3 information. On the Department's official Web site, the
4 Department shall provide a link to the information provided to
5 persons committed to the Department and those persons' family
6 members and friends by the Department of Public Health pursuant
7 to Section 2310-321 of the Department of Public Health Powers
8 and Duties Law of the Civil Administrative Code of Illinois.
 
9     (730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
10     Sec. 3-6-2. Institutions and Facility Administration.
11     (a) Each institution and facility of the Department shall
12 be administered by a chief administrative officer appointed by
13 the Director. A chief administrative officer shall be
14 responsible for all persons assigned to the institution or
15 facility. The chief administrative officer shall administer
16 the programs of the Department for the custody and treatment of
17 such persons.
18     (b) The chief administrative officer shall have such
19 assistants as the Department may assign.
20     (c) The Director or Assistant Director shall have the
21 emergency powers to temporarily transfer individuals without
22 formal procedures to any State, county, municipal or regional
23 correctional or detention institution or facility in the State,
24 subject to the acceptance of such receiving institution or
25 facility, or to designate any reasonably secure place in the
26 State as such an institution or facility and to make transfers
27 thereto. However, transfers made under emergency powers shall
28 be reviewed as soon as practicable under Article 8, and shall
29 be subject to Section 5-905 of the Juvenile Court Act of 1987.
30 This Section shall not apply to transfers to the Department of
31 Human Services which are provided for under Section 3-8-5 or
32 Section 3-10-5.

 

 

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1     (d) The Department shall provide educational programs for
2 all committed persons so that all persons have an opportunity
3 to attain the achievement level equivalent to the completion of
4 the twelfth grade in the public school system in this State.
5 Other higher levels of attainment shall be encouraged and
6 professional instruction shall be maintained wherever
7 possible. The Department may establish programs of mandatory
8 education and may establish rules and regulations for the
9 administration of such programs. A person committed to the
10 Department who, during the period of his or her incarceration,
11 participates in an educational program provided by or through
12 the Department and through that program is awarded or earns the
13 number of hours of credit required for the award of an
14 associate, baccalaureate, or higher degree from a community
15 college, college, or university located in Illinois shall
16 reimburse the State, through the Department, for the costs
17 incurred by the State in providing that person during his or
18 her incarceration with the education that qualifies him or her
19 for the award of that degree. The costs for which reimbursement
20 is required under this subsection shall be determined and
21 computed by the Department under rules and regulations that it
22 shall establish for that purpose. However, interest at the rate
23 of 6% per annum shall be charged on the balance of those costs
24 from time to time remaining unpaid, from the date of the
25 person's parole, mandatory supervised release, or release
26 constituting a final termination of his or her commitment to
27 the Department until paid.
28     (d-5) A person committed to the Department is entitled to
29 confidential testing for infection with human immunodeficiency
30 virus (HIV) and to counseling in connection with such testing,
31 all with no copay to the committed person. A committed person
32 who has tested positive for infection with HIV or any other
33 identified causative agent of AIDS is entitled to medical care,
34 counseling, and referrals to support services, in connection

 

 

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

 

 

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1 shall be deducted from the committed person's individual
2 account. A committed person who has a chronic illness, as
3 defined by Department rules and regulations, shall be exempt
4 from the $2 co-payment for treatment of the chronic illness. A
5 committed person shall not be subject to a $2 co-payment for
6 follow-up visits ordered by a physician, who is employed by, or
7 contracts with, the Department. A committed person who is
8 indigent is exempt from the $2 co-payment and is entitled to
9 receive medical or dental services on the same basis as a
10 committed person who is financially able to afford the
11 co-payment. Notwithstanding any other provision in this
12 subsection (f) to the contrary, any person committed to any
13 facility operated by the Juvenile Division, as set forth in
14 subsection (b) of Section 3-2-5 of this Code, is exempt from
15 the co-payment requirement for the duration of confinement in
16 those facilities.
17     (g) Any person having sole custody of a child at the time
18 of commitment or any woman giving birth to a child after her
19 commitment, may arrange through the Department of Children and
20 Family Services for suitable placement of the child outside of
21 the Department of Corrections. The Director of the Department
22 of Corrections may determine that there are special reasons why
23 the child should continue in the custody of the mother until
24 the child is 6 years old.
25     (h) The Department may provide Family Responsibility
26 Services which may consist of, but not be limited to the
27 following:
28         (1) family advocacy counseling;
29         (2) parent self-help group;
30         (3) parenting skills training;
31         (4) parent and child overnight program;
32         (5) parent and child reunification counseling, either
33     separately or together, preceding the inmate's release;
34     and

 

 

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1         (6) a prerelease reunification staffing involving the
2     family advocate, the inmate and the child's counselor, or
3     both and the inmate.
4     (i) Prior to the release of any inmate who has a documented
5 history of intravenous drug use, and upon the receipt of that
6 inmate's written informed consent, the Department shall
7 provide for the testing of such inmate for infection with human
8 immunodeficiency virus (HIV) and any other identified
9 causative agent of acquired immunodeficiency syndrome (AIDS).
10 The testing provided under this subsection shall consist of an
11 enzyme-linked immunosorbent assay (ELISA) test or such other
12 test as may be approved by the Illinois Department of Public
13 Health. If the test result is positive, the Western Blot Assay
14 or more reliable confirmatory test shall be administered. All
15 inmates tested in accordance with the provisions of this
16 subsection shall be provided with pre-test and post-test
17 counseling. Notwithstanding any provision of this subsection
18 to the contrary, the Department shall not be required to
19 conduct the testing and counseling required by this subsection
20 unless sufficient funds to cover all costs of such testing and
21 counseling are appropriated for that purpose by the General
22 Assembly.
23     (j) Any person convicted of a sex offense as defined in the
24 Sex Offender Management Board Act shall be required to receive
25 a sex offender evaluation prior to release into the community
26 from the Department of Corrections. The sex offender evaluation
27 shall be conducted in conformance with the standards and
28 guidelines developed under the Sex Offender Management Board
29 Act and by an evaluator approved by the Board.
30     (k) Any minor committed to the Department of
31 Corrections-Juvenile Division for a sex offense as defined by
32 the Sex Offender Management Board Act shall be required to
33 undergo sex offender treatment by a treatment provider approved
34 by the Board and conducted in conformance with the Sex Offender

 

 

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1 Management Board Act.
2     (l) Prior to the release of any inmate, the Department must
3 provide the inmate with the option of testing for infection
4 with human immunodeficiency virus (HIV), as well as counseling
5 in connection with such testing, with no copayment for the
6 test. At the same time, the Department shall require each such
7 inmate to sign a form stating that the inmate has been informed
8 of his or her rights with respect to the testing required to be
9 offered under this subsection (l) and providing the inmate with
10 an opportunity to indicate either that he or she wants to be
11 tested or that he or she does not want to be tested. The
12 Department, in consultation with the Department of Public
13 Health, shall prescribe the contents of the form. The testing
14 provided under this subsection (l) shall consist of an
15 enzyme-linked immunosorbent assay (ELISA) test or any other
16 test approved by the Department of Public Health. If the test
17 result is positive, the Western Blot Assay or more reliable
18 confirmatory test shall be administered.
19     Prior to the release of an inmate who the Department knows
20 has tested positive for infection with HIV, the Department in a
21 timely manner shall offer the inmate transitional case
22 management, including referrals to other support services.
23 (Source: P.A. 92-292, eff. 8-9-01; 93-616, eff. 1-1-04; 93-928,
24 eff. 1-1-05.)
 
25     (730 ILCS 5/3-7-2)  (from Ch. 38, par. 1003-7-2)
26     Sec. 3-7-2. Facilities.
27     (a) All institutions and facilities of the Department shall
28 provide every committed person with access to toilet
29 facilities, barber facilities, bathing facilities at least
30 once each week, a library of legal materials and published
31 materials including newspapers and magazines approved by the
32 Director. A committed person may not receive any materials that
33 the Director deems pornographic.

 

 

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1     (b) (Blank).
2     (c) All institutions and facilities of the Department shall
3 provide facilities for every committed person to leave his cell
4 for at least one hour each day unless the chief administrative
5 officer determines that it would be harmful or dangerous to the
6 security or safety of the institution or facility.
7     (d) All institutions and facilities of the Department shall
8 provide every committed person with a wholesome and nutritional
9 diet at regularly scheduled hours, drinking water, clothing
10 adequate for the season, bedding, soap and towels and medical
11 and dental care.
12     (e) All institutions and facilities of the Department shall
13 permit every committed person to send and receive an unlimited
14 number of uncensored letters, provided, however, that the
15 Director may order that mail be inspected and read for reasons
16 of the security, safety or morale of the institution or
17 facility.
18     (f) All of the institutions and facilities of the
19 Department shall permit every committed person to receive
20 visitors, except in case of abuse of the visiting privilege or
21 when the chief administrative officer determines that such
22 visiting would be harmful or dangerous to the security, safety
23 or morale of the institution or facility. The chief
24 administrative officer shall have the right to restrict
25 visitation to non-contact visits for reasons of safety,
26 security, and order, including, but not limited to, restricting
27 contact visits for committed persons engaged in gang activity.
28 No committed person in a super maximum security facility or on
29 disciplinary segregation is allowed contact visits. Any
30 committed person found in possession of illegal drugs or who
31 fails a drug test shall not be permitted contact visits for a
32 period of at least 6 months. Any committed person involved in
33 gang activities or found guilty of assault committed against a
34 Department employee shall not be permitted contact visits for a

 

 

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1 period of at least 6 months. The Department shall offer every
2 visitor appropriate written information concerning HIV and
3 AIDS, including information concerning persons or entities to
4 contact for local counseling. The Department shall develop the
5 written materials in consultation with the Department of Public
6 Health. The Department shall ensure that all such information
7 and materials are culturally sensitive and reflect cultural
8 diversity as appropriate.
9     (g) All institutions and facilities of the Department shall
10 permit religious ministrations and sacraments to be available
11 to every committed person, but attendance at religious services
12 shall not be required.
13     (h) Within 90 days after December 31, 1996, the Department
14 shall prohibit the use of curtains, cell-coverings, or any
15 other matter or object that obstructs or otherwise impairs the
16 line of vision into a committed person's cell.
17 (Source: P.A. 90-14, eff. 7-1-97; 91-912, eff. 7-7-00.)
 
18     (730 ILCS 5/3-8-2)  (from Ch. 38, par. 1003-8-2)
19     Sec. 3-8-2. Social Evaluation; physical examination;
20 HIV/AIDS. (a) A social evaluation shall be made of a committed
21 person's medical, psychological, educational and vocational
22 condition and history, including the use of alcohol and other
23 drugs, the circumstances of his offense, and such other
24 information as the Department may determine. The committed
25 person shall be assigned to an institution or facility in so
26 far as practicable in accordance with the social evaluation.
27 Recommendations shall be made for medical, dental,
28 psychiatric, psychological and social service treatment.
29     (b) A record of the social evaluation shall be entered in
30 the committed person's master record file and shall be
31 forwarded to the institution or facility to which the person is
32 assigned.
33     (c) Upon admission to a correctional institution each

 

 

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1 committed person shall be given a physical examination. If he
2 is suspected of having a communicable disease that in the
3 judgment of the Department medical personnel requires medical
4 isolation, the committed person shall remain in medical
5 isolation until it is no longer deemed medically necessary.
6     (d) Upon arrival at an inmate's final destination, the
7 Department must provide the committed person with appropriate
8 written information and counseling concerning HIV and AIDS. The
9 Department shall develop the written materials in consultation
10 with the Department of Public Health. At the same time, the
11 Department also must offer the committed person the option of
12 being tested, with no copayment, for infection with human
13 immunodeficiency virus (HIV). The Department shall require
14 each committed person to sign a form stating that the committed
15 person has been informed of his or her rights with respect to
16 the testing required to be offered under this subsection (d)
17 and providing the committed person with an opportunity to
18 indicate either that he or she wants to be tested or that he or
19 she does not want to be tested. The Department, in consultation
20 with the Department of Public Health, shall prescribe the
21 contents of the form. The testing provided under this
22 subsection (d) shall consist of an enzyme-linked immunosorbent
23 assay (ELISA) test or any other test approved by the Department
24 of Public Health. If the test result is positive, the Western
25 Blot Assay or more reliable confirmatory test shall be
26 administered.
27 (Source: P.A. 87-1256.)
 
28     (730 ILCS 5/3-10-2)  (from Ch. 38, par. 1003-10-2)
29     Sec. 3-10-2. Examination of Persons Committed to the
30 Juvenile Division.
31     (a) A person committed to the Juvenile Division shall be
32 examined in regard to his medical, psychological, social,
33 educational and vocational condition and history, including

 

 

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1 the use of alcohol and other drugs, the circumstances of his
2 offense and any other information as the Department may
3 determine.
4     (a-5) Upon admission of a person committed to the Juvenile
5 Division, the Department must provide the person with
6 appropriate written information and counseling concerning HIV
7 and AIDS. The Department shall develop the written materials in
8 consultation with the Department of Public Health. At the same
9 time, the Department also must offer the person the option of
10 being tested, at no charge to the person, for infection with
11 human immunodeficiency virus (HIV) or any other identified
12 causative agent of acquired immunodeficiency syndrome (AIDS).
13 The Department shall require each person committed to the
14 Juvenile Division to sign a form stating that the person has
15 been informed of his or her rights with respect to the testing
16 required to be offered under this subsection (a-5) and
17 providing the person with an opportunity to indicate either
18 that he or she wants to be tested or that he or she does not
19 want to be tested. The Department, in consultation with the
20 Department of Public Health, shall prescribe the contents of
21 the form. The testing provided under this subsection (a-5)
22 shall consist of an enzyme-linked immunosorbent assay (ELISA)
23 test or any other test approved by the Department of Public
24 Health. If the test result is positive, the Western Blot Assay
25 or more reliable confirmatory test shall be administered.
26     Also upon admission of a person committed to the Juvenile
27 Division, the Department must inform the person of the
28 Department's obligation to provide the person with medical
29 care.
30     (b) Based on its examination, the Department may exercise
31 the following powers in developing a treatment program of any
32 person committed to the Juvenile Division:
33         (1) Require participation by him in vocational,
34     physical, educational and corrective training and

 

 

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1     activities to return him to the community.
2         (2) Place him in any institution or facility of the
3     Juvenile Division.
4         (3) Order replacement or referral to the Parole and
5     Pardon Board as often as it deems desirable. The Department
6     shall refer the person to the Parole and Pardon Board as
7     required under Section 3-3-4.
8         (4) Enter into agreements with the Secretary of Human
9     Services and the Director of Children and Family Services,
10     with courts having probation officers, and with private
11     agencies or institutions for separate care or special
12     treatment of persons subject to the control of the
13     Department.
14     (c) The Department shall make periodic reexamination of all
15 persons under the control of the Juvenile Division to determine
16 whether existing orders in individual cases should be modified
17 or continued. This examination shall be made with respect to
18 every person at least once annually.
19     (d) A record of the treatment decision including any
20 modification thereof and the reason therefor, shall be part of
21 the committed person's master record file.
22     (e) The Department shall by certified mail, return receipt
23 requested, notify the parent, guardian or nearest relative of
24 any person committed to the Juvenile Division of his physical
25 location and any change thereof.
26 (Source: P.A. 89-507, eff. 7-1-97.)
 
27     Section 95. The County Jail Act is amended by adding
28 Section 17.10 as follows:
 
29     (730 ILCS 125/17.10 new)
30     Sec. 17.10. Requirements in connection with HIV/AIDS.
31     (a) During the medical admissions exam, the warden of the
32 jail must provide the prisoner with appropriate written

 

 

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1 information and counseling concerning human immunodeficiency
2 virus (HIV) and acquired immunodeficiency syndrome (AIDS). The
3 sheriff of the county shall obtain the written materials from
4 the Department of Public Health. At the same time, the warden
5 also must offer the prisoner the option of being tested, at no
6 charge to the prisoner, for infection with HIV. The warden
7 shall require each prisoner to sign a form stating that the
8 prisoner has been informed of his or her rights with respect to
9 the testing required to be offered under this subsection (a)
10 and providing the prisoner with an opportunity to indicate
11 either that he or she wants to be tested or that he or she does
12 not want to be tested. The sheriff of the county, in
13 consultation with the Department of Public Health, shall
14 prescribe the contents of the form. The testing provided under
15 this subsection (a) shall consist of an enzyme-linked
16 immunosorbent assay (ELISA) test or any other test approved by
17 the Department of Public Health. If the test result is
18 positive, the Western Blot Assay or more reliable confirmatory
19 test shall be administered.
20     Also upon a prisoner's confinement in jail the warden must
21 inform the prisoner of the county's obligation to provide the
22 prisoner with medical care.
23     (b) A prisoner committed to a jail is entitled to
24 confidential testing for infection with human immunodeficiency
25 virus (HIV) or any other identified causative agent of acquired
26 immunodeficiency syndrome (AIDS) and to counseling in
27 connection with such testing, all at no charge to the prisoner.
28 A prisoner who has tested positive for infection with HIV or
29 any other identified causative agent of AIDS is entitled to
30 appropriate medical care, counseling, and case management,
31 including referrals and support services, in connection with
32 that positive test result.
33     (c) The warden of the jail must offer every visitor to the
34 jail appropriate written information concerning HIV and AIDS,

 

 

09400HB2578ham002 - 24 - LRB094 07259 DRJ 44723 a

1 including information concerning persons or entities to
2 contact for local counseling. The sheriff of the county shall
3 obtain the written materials from the Department of Public
4 Health.
5     (d) Prior to the release of any prisoner, the warden of the
6 jail must provide the prisoner with the option of testing for
7 infection with human immunodeficiency virus (HIV), as well as
8 counseling in connection with such testing, all at no charge to
9 the inmate. At the same time, the warden shall require each
10 such prisoner to sign a form stating that the prisoner has been
11 informed of his or her rights with respect to the testing
12 required to be offered under this subsection (d) and providing
13 the prisoner with an opportunity to indicate either that he or
14 she wants to be tested or that he or she does not want to be
15 tested. The sheriff of the county, in consultation with the
16 Department of Public Health, shall prescribe the contents of
17 the form. The testing provided under this subsection (d) shall
18 consist of an enzyme-linked immunosorbent assay (ELISA) test or
19 any other test approved by the Department of Public Health. If
20 the test result is positive, the Western Blot Assay or more
21 reliable confirmatory test shall be administered.
22     Prior to the release of a prisoner who the warden knows has
23 tested positive for infection with HIV or any other identified
24 causative agent of AIDS, the warden in a timely manner shall
25 provide the prisoner with transitional case management,
26 including referrals to other support services provided by the
27 Department of Public Health.
 
28     Section 99. Effective date. This Act takes effect January
29 1, 2006.".