Illinois General Assembly - Full Text of HB1929
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Full Text of HB1929  97th General Assembly

HB1929enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB1929 EnrolledLRB097 05174 RLC 45221 b

1    AN ACT concerning corrections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-6-2 as follows:
 
6    (730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
7    Sec. 3-6-2. Institutions and Facility Administration.
8    (a) Each institution and facility of the Department shall
9be administered by a chief administrative officer appointed by
10the Director. A chief administrative officer shall be
11responsible for all persons assigned to the institution or
12facility. The chief administrative officer shall administer
13the programs of the Department for the custody and treatment of
14such persons.
15    (b) The chief administrative officer shall have such
16assistants as the Department may assign.
17    (c) The Director or Assistant Director shall have the
18emergency powers to temporarily transfer individuals without
19formal procedures to any State, county, municipal or regional
20correctional or detention institution or facility in the State,
21subject to the acceptance of such receiving institution or
22facility, or to designate any reasonably secure place in the
23State as such an institution or facility and to make transfers

 

 

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1thereto. However, transfers made under emergency powers shall
2be reviewed as soon as practicable under Article 8, and shall
3be subject to Section 5-905 of the Juvenile Court Act of 1987.
4This Section shall not apply to transfers to the Department of
5Human Services which are provided for under Section 3-8-5 or
6Section 3-10-5.
7    (d) The Department shall provide educational programs for
8all committed persons so that all persons have an opportunity
9to attain the achievement level equivalent to the completion of
10the twelfth grade in the public school system in this State.
11Other higher levels of attainment shall be encouraged and
12professional instruction shall be maintained wherever
13possible. The Department may establish programs of mandatory
14education and may establish rules and regulations for the
15administration of such programs. A person committed to the
16Department who, during the period of his or her incarceration,
17participates in an educational program provided by or through
18the Department and through that program is awarded or earns the
19number of hours of credit required for the award of an
20associate, baccalaureate, or higher degree from a community
21college, college, or university located in Illinois shall
22reimburse the State, through the Department, for the costs
23incurred by the State in providing that person during his or
24her incarceration with the education that qualifies him or her
25for the award of that degree. The costs for which reimbursement
26is required under this subsection shall be determined and

 

 

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1computed by the Department under rules and regulations that it
2shall establish for that purpose. However, interest at the rate
3of 6% per annum shall be charged on the balance of those costs
4from time to time remaining unpaid, from the date of the
5person's parole, mandatory supervised release, or release
6constituting a final termination of his or her commitment to
7the Department until paid.
8    (d-5) A person committed to the Department is entitled to
9confidential testing for infection with human immunodeficiency
10virus (HIV) and to counseling in connection with such testing,
11with no copay to the committed person. A person committed to
12the Department who has tested positive for infection with HIV
13is entitled to medical care while incarcerated, counseling, and
14referrals to support services, in connection with that positive
15test result. Implementation of this subsection (d-5) is subject
16to appropriation.
17    (e) A person committed to the Department who becomes in
18need of medical or surgical treatment but is incapable of
19giving consent thereto shall receive such medical or surgical
20treatment by the chief administrative officer consenting on the
21person's behalf. Before the chief administrative officer
22consents, he or she shall obtain the advice of one or more
23physicians licensed to practice medicine in all its branches in
24this State. If such physician or physicians advise:
25        (1) that immediate medical or surgical treatment is
26    required relative to a condition threatening to cause

 

 

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1    death, damage or impairment to bodily functions, or
2    disfigurement; and
3        (2) that the person is not capable of giving consent to
4    such treatment; the chief administrative officer may give
5    consent for such medical or surgical treatment, and such
6    consent shall be deemed to be the consent of the person for
7    all purposes, including, but not limited to, the authority
8    of a physician to give such treatment.
9    (e-5) If a physician providing medical care to a committed
10person on behalf of the Department advises the chief
11administrative officer that the committed person's mental or
12physical health has deteriorated as a result of the cessation
13of ingestion of food or liquid to the point where medical or
14surgical treatment is required to prevent death, damage, or
15impairment to bodily functions, the chief administrative
16officer may authorize such medical or surgical treatment.
17    (f) In the event that the person requires medical care and
18treatment at a place other than the institution or facility,
19the person may be removed therefrom under conditions prescribed
20by the Department. The Department shall require the committed
21person receiving medical or dental services on a non-emergency
22basis to pay a $5 $2 co-payment to the Department for each
23visit for medical or dental services. The amount of each
24co-payment shall be deducted from the committed person's
25individual account. A committed person who has a chronic
26illness, as defined by Department rules and regulations, shall

 

 

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1be exempt from the $5 $2 co-payment for treatment of the
2chronic illness. A committed person shall not be subject to a
3$5 $2 co-payment for follow-up visits ordered by a physician,
4who is employed by, or contracts with, the Department. A
5committed person who is indigent is exempt from the $5 $2
6co-payment and is entitled to receive medical or dental
7services on the same basis as a committed person who is
8financially able to afford the co-payment. For the purposes of
9this Section only, "indigent" means a committed person who has
10$20 or less in his or her Inmate Trust Fund at the time of such
11services or for the 30 days prior to such services.
12Notwithstanding any other provision in this subsection (f) to
13the contrary, any person committed to any facility operated by
14the Department of Juvenile Justice, as set forth in Section
153-2.5-15 of this Code, is exempt from the co-payment
16requirement for the duration of confinement in those
17facilities.
18    (g) Any person having sole custody of a child at the time
19of commitment or any woman giving birth to a child after her
20commitment, may arrange through the Department of Children and
21Family Services for suitable placement of the child outside of
22the Department of Corrections. The Director of the Department
23of Corrections may determine that there are special reasons why
24the child should continue in the custody of the mother until
25the child is 6 years old.
26    (h) The Department may provide Family Responsibility

 

 

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1Services which may consist of, but not be limited to the
2following:
3        (1) family advocacy counseling;
4        (2) parent self-help group;
5        (3) parenting skills training;
6        (4) parent and child overnight program;
7        (5) parent and child reunification counseling, either
8    separately or together, preceding the inmate's release;
9    and
10        (6) a prerelease reunification staffing involving the
11    family advocate, the inmate and the child's counselor, or
12    both and the inmate.
13    (i) Prior to the release of any inmate who has a documented
14history of intravenous drug use, and upon the receipt of that
15inmate's written informed consent, the Department shall
16provide for the testing of such inmate for infection with human
17immunodeficiency virus (HIV) and any other identified
18causative agent of acquired immunodeficiency syndrome (AIDS).
19The testing provided under this subsection shall consist of an
20enzyme-linked immunosorbent assay (ELISA) test or such other
21test as may be approved by the Illinois Department of Public
22Health. If the test result is positive, the Western Blot Assay
23or more reliable confirmatory test shall be administered. All
24inmates tested in accordance with the provisions of this
25subsection shall be provided with pre-test and post-test
26counseling. Notwithstanding any provision of this subsection

 

 

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1to the contrary, the Department shall not be required to
2conduct the testing and counseling required by this subsection
3unless sufficient funds to cover all costs of such testing and
4counseling are appropriated for that purpose by the General
5Assembly.
6    (j) Any person convicted of a sex offense as defined in the
7Sex Offender Management Board Act shall be required to receive
8a sex offender evaluation prior to release into the community
9from the Department of Corrections. The sex offender evaluation
10shall be conducted in conformance with the standards and
11guidelines developed under the Sex Offender Management Board
12Act and by an evaluator approved by the Board.
13    (k) Any minor committed to the Department of Juvenile
14Justice for a sex offense as defined by the Sex Offender
15Management Board Act shall be required to undergo sex offender
16treatment by a treatment provider approved by the Board and
17conducted in conformance with the Sex Offender Management Board
18Act.
19    (l) Prior to the release of any inmate, the Department must
20provide the inmate with the option of testing for infection
21with human immunodeficiency virus (HIV), as well as counseling
22in connection with such testing, with no copayment for the
23test. At the same time, the Department shall require each such
24inmate to sign a form stating that the inmate has been informed
25of his or her rights with respect to the testing required to be
26offered under this subsection (l) and providing the inmate with

 

 

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1an opportunity to indicate either that he or she wants to be
2tested or that he or she does not want to be tested. The
3Department, in consultation with the Department of Public
4Health, shall prescribe the contents of the form. The testing
5provided under this subsection (l) shall consist of an
6enzyme-linked immunosorbent assay (ELISA) test or any other
7test approved by the Department of Public Health. If the test
8result is positive, the Western Blot Assay or more reliable
9confirmatory test shall be administered.
10    Prior to the release of an inmate who the Department knows
11has tested positive for infection with HIV, the Department in a
12timely manner shall offer the inmate transitional case
13management, including referrals to other support services.
14    Implementation of this subsection (l) is subject to
15appropriation.
16    (m) The chief administrative officer of each institution or
17facility of the Department shall make a room in the institution
18or facility available for addiction recovery services to be
19provided to committed persons on a voluntary basis. The
20services shall be provided for one hour once a week at a time
21specified by the chief administrative officer of the
22institution or facility if the following conditions are met:
23        (1) the addiction recovery service contacts the chief
24    administrative officer to arrange the meeting;
25        (2) the committed person may attend the meeting for
26    addiction recovery services only if the committed person

 

 

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

 

 

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1(Source: P.A. 96-284, eff. 1-1-10.)