Full Text of HB3831 100th General Assembly
HB3831eng 100TH GENERAL ASSEMBLY |
| | HB3831 Engrossed | | LRB100 08922 RLC 19065 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-6-2 and 3-10-2 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 | 9 | | be
administered by a chief administrative officer appointed by
| 10 | | the Director. A chief administrative officer shall be
| 11 | | responsible for all persons assigned to the institution or
| 12 | | facility. The chief administrative officer shall administer
| 13 | | the programs of the Department for the custody and treatment
of | 14 | | such persons.
| 15 | | (b) The chief administrative officer shall have such | 16 | | assistants
as the Department may assign.
| 17 | | (c) The Director or Assistant Director shall have the
| 18 | | emergency powers to temporarily transfer individuals without
| 19 | | formal procedures to any State, county, municipal or regional
| 20 | | correctional or detention institution or facility in the State,
| 21 | | subject to the acceptance of such receiving institution or
| 22 | | facility, or to designate any reasonably secure place in the
| 23 | | State as such an institution or facility and to make transfers
|
| | | HB3831 Engrossed | - 2 - | LRB100 08922 RLC 19065 b |
|
| 1 | | thereto. However, transfers made under emergency powers shall
| 2 | | be reviewed as soon as practicable under Article 8, and shall
| 3 | | be subject to Section 5-905 of the Juvenile Court Act of
1987. | 4 | | This Section shall not apply to transfers to the Department of
| 5 | | Human Services which are provided for under
Section 3-8-5 or | 6 | | Section 3-10-5.
| 7 | | (d) The Department shall provide educational programs in | 8 | | each of its institutions and facilities for all
committed | 9 | | persons so that all persons have an opportunity to
attain the | 10 | | achievement level equivalent to the completion of
the twelfth | 11 | | grade in the public school system in this State.
Other higher | 12 | | levels of attainment shall be encouraged and
professional | 13 | | instruction shall be maintained wherever possible.
The | 14 | | Department must allow into each institution and facility of the | 15 | | Department teachers who hold Professional Educator Licenses | 16 | | issued by the State Superintendent of Education under the | 17 | | School Code to teach committed persons. The Department may | 18 | | establish programs of mandatory education and may
establish | 19 | | rules and regulations for the administration of such programs.
| 20 | | A person committed to the Department who, during the period of | 21 | | his or her
incarceration, participates in an educational | 22 | | program provided by or through
the Department and through that | 23 | | program is awarded or earns the number of
hours of credit | 24 | | required for the award of an associate, baccalaureate, or
| 25 | | higher degree from a community college, college, or university | 26 | | located in
Illinois shall reimburse the State, through the |
| | | HB3831 Engrossed | - 3 - | LRB100 08922 RLC 19065 b |
|
| 1 | | Department, for the costs
incurred by the State in providing | 2 | | that person during his or her incarceration
with the education | 3 | | that qualifies him or her for the award of that degree. The
| 4 | | costs for which reimbursement is required under this subsection | 5 | | shall be
determined and computed by the Department under rules | 6 | | and regulations that
it shall establish for that purpose. | 7 | | However, interest at the rate of 6%
per annum shall be charged | 8 | | on the balance of those costs from time to time
remaining | 9 | | unpaid, from the date of the person's parole, mandatory | 10 | | supervised
release, or release constituting a final | 11 | | termination of his or her commitment
to the Department until | 12 | | paid.
| 13 | | (d-1) The Department shall provide vocational training for | 14 | | committed persons in each institution and facility of the | 15 | | Department. | 16 | | (d-5) A person committed to the Department is entitled to | 17 | | confidential testing for infection with human immunodeficiency | 18 | | virus (HIV) and to counseling in connection with such testing, | 19 | | with no copay to the committed person. A person committed to | 20 | | the Department who has tested positive for infection with HIV | 21 | | is entitled to medical care while incarcerated, counseling, and | 22 | | referrals to support services, in connection with that positive | 23 | | test result. Implementation of this subsection (d-5) is subject | 24 | | to appropriation.
| 25 | | (e) A person committed to the Department who becomes in | 26 | | need
of medical or surgical treatment but is incapable of |
| | | HB3831 Engrossed | - 4 - | LRB100 08922 RLC 19065 b |
|
| 1 | | giving
consent thereto shall receive such medical or surgical | 2 | | treatment
by the chief administrative officer consenting on the | 3 | | person's behalf.
Before the chief administrative officer | 4 | | consents, he or she shall
obtain the advice of one or more | 5 | | physicians licensed to practice medicine
in all its branches in | 6 | | this 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 | 18 | | person on behalf of the Department advises the chief | 19 | | administrative officer that the committed person's mental or | 20 | | physical health has deteriorated as a result of the cessation | 21 | | of ingestion of food or liquid to the point where medical or | 22 | | surgical treatment is required to prevent death, damage, or | 23 | | impairment to bodily functions, the chief administrative | 24 | | officer may authorize such medical or surgical treatment.
| 25 | | (f) In the event that the person requires medical care and
| 26 | | treatment at a place other than the institution or facility,
|
| | | HB3831 Engrossed | - 5 - | LRB100 08922 RLC 19065 b |
|
| 1 | | the person may be removed therefrom under conditions prescribed
| 2 | | by the Department.
The Department shall require the committed | 3 | | person receiving medical or dental
services on a non-emergency | 4 | | basis to pay a $5 co-payment to the Department for
each visit | 5 | | for medical or dental services. The amount of each co-payment | 6 | | shall be deducted from the
committed person's individual | 7 | | account.
A committed person who has a chronic illness, as | 8 | | defined by Department rules
and regulations, shall be exempt | 9 | | from the $5 co-payment for treatment of the
chronic illness. A | 10 | | committed person shall not be subject to a $5 co-payment
for | 11 | | follow-up visits ordered by a physician, who is employed by, or | 12 | | contracts
with, the Department. A committed person who is | 13 | | indigent is exempt from the
$5 co-payment
and is entitled to | 14 | | receive medical or dental services on the same basis as a
| 15 | | committed person who is financially able to afford the | 16 | | co-payment.
For purposes of this Section only, "indigent" means | 17 | | a committed person who has $20 or less in his or her Inmate | 18 | | Trust Fund at the time of such services and for the 30 days | 19 | | prior to such services. Notwithstanding any other provision in | 20 | | this subsection (f) to the contrary,
any person committed to | 21 | | any facility operated by the Department of Juvenile Justice, as | 22 | | set
forth in Section 3-2.5-15 of this Code, is exempt from the
| 23 | | co-payment requirement for the duration of confinement in those | 24 | | facilities.
| 25 | | (g) Any person having sole custody of a child at
the time | 26 | | of commitment or any woman giving birth to a child after
her |
| | | HB3831 Engrossed | - 6 - | LRB100 08922 RLC 19065 b |
|
| 1 | | commitment, may arrange through the Department of Children
and | 2 | | Family Services for suitable placement of the child outside
of | 3 | | the Department of Corrections. The Director of the Department
| 4 | | of Corrections may determine that there are special reasons why
| 5 | | the child should continue in the custody of the mother until | 6 | | the
child is 6 years old.
| 7 | | (h) The Department may provide Family Responsibility | 8 | | Services which
may consist of, but not be limited to the | 9 | | following:
| 10 | | (1) family advocacy counseling;
| 11 | | (2) parent self-help group;
| 12 | | (3) parenting skills training;
| 13 | | (4) parent and child overnight program;
| 14 | | (5) parent and child reunification counseling, either | 15 | | separately or
together, preceding the inmate's release; | 16 | | and
| 17 | | (6) a prerelease reunification staffing involving the | 18 | | family advocate,
the inmate and the child's counselor, or | 19 | | both and the inmate.
| 20 | | (i) (Blank).
| 21 | | (j) Any person convicted of a sex offense as defined in the | 22 | | Sex Offender
Management Board Act shall be required to receive | 23 | | a sex offender evaluation
prior to release into the community | 24 | | from the Department of Corrections. The
sex offender evaluation | 25 | | shall be conducted in conformance with the standards
and | 26 | | guidelines developed under
the Sex Offender Management Board |
| | | HB3831 Engrossed | - 7 - | LRB100 08922 RLC 19065 b |
|
| 1 | | Act and by an evaluator approved by the
Board.
| 2 | | (k) Any minor committed to the Department of Juvenile | 3 | | Justice
for a sex offense as defined by the Sex Offender | 4 | | Management Board Act shall be
required to undergo sex offender | 5 | | treatment by a treatment provider approved by
the Board and | 6 | | conducted in conformance with the Sex Offender Management Board
| 7 | | Act.
| 8 | | (l) Prior to the release of any inmate committed to a | 9 | | facility of the Department or the Department of Juvenile | 10 | | Justice, the Department must provide the inmate with | 11 | | appropriate information verbally, in writing, by video, or | 12 | | other electronic means, concerning HIV and AIDS. The Department | 13 | | shall develop the informational materials in consultation with | 14 | | the Department of Public Health. At the same time, the | 15 | | Department must also offer the committed person the option of | 16 | | testing for infection with human immunodeficiency virus (HIV), | 17 | | with no copayment for the test. Pre-test information shall be | 18 | | provided to the committed person and informed consent obtained | 19 | | as required in subsection (d) of Section 3 and Section 5 of the | 20 | | AIDS Confidentiality Act. The Department may conduct opt-out | 21 | | HIV testing as defined in Section 4 of the AIDS Confidentiality | 22 | | Act. If the Department conducts opt-out HIV testing, the | 23 | | Department shall place signs in English, Spanish and other | 24 | | languages as needed in multiple, highly visible locations in | 25 | | the area where HIV testing is conducted informing inmates that | 26 | | they will be tested for HIV unless they refuse, and refusal or |
| | | HB3831 Engrossed | - 8 - | LRB100 08922 RLC 19065 b |
|
| 1 | | acceptance of testing shall be documented in the inmate's | 2 | | medical record. The Department shall follow procedures | 3 | | established by the Department of Public Health to conduct HIV | 4 | | testing and testing to confirm positive HIV test results. All | 5 | | testing must be conducted by medical personnel, but pre-test | 6 | | and other information may be provided by committed persons who | 7 | | have received appropriate training. The Department, in | 8 | | conjunction with the Department of Public Health, shall develop | 9 | | a plan that complies with the AIDS Confidentiality Act to | 10 | | deliver confidentially all positive or negative HIV test | 11 | | results to inmates or former inmates. Nothing in this Section | 12 | | shall require the Department to offer HIV testing to an inmate | 13 | | who is known to be infected with HIV, or who has been tested | 14 | | for HIV within the previous 180 days and whose documented HIV | 15 | | test result is available to the Department electronically. The
| 16 | | testing provided under this subsection (l) shall consist of a | 17 | | test approved by the Illinois Department of Public Health to | 18 | | determine the presence of HIV infection, based upon | 19 | | recommendations of the United States Centers for Disease | 20 | | Control and Prevention. If the test result is positive, a | 21 | | reliable supplemental test based upon recommendations of the | 22 | | United States Centers for Disease Control and Prevention shall | 23 | | be
administered.
| 24 | | Prior to the release of an inmate who the Department knows | 25 | | has tested positive for infection with HIV, the Department in a | 26 | | timely manner shall offer the inmate transitional case |
| | | HB3831 Engrossed | - 9 - | LRB100 08922 RLC 19065 b |
|
| 1 | | management, including referrals to other support services.
| 2 | | (m) The chief administrative officer of each institution or | 3 | | facility of the Department shall make a room in the institution | 4 | | or facility available for addiction recovery services to be | 5 | | provided to committed persons on a voluntary basis. The | 6 | | services shall be provided for one hour once a week at a time | 7 | | specified by the chief administrative officer of the | 8 | | institution or facility if the following conditions are met: | 9 | | (1) the addiction recovery service contacts the chief | 10 | | administrative officer to arrange the meeting; | 11 | | (2) the committed person may attend the meeting for | 12 | | addiction recovery services only if the committed person | 13 | | uses pre-existing free time already available to the | 14 | | committed person; | 15 | | (3) all disciplinary and other rules of the institution | 16 | | or facility remain in effect; | 17 | | (4) the committed person is not given any additional | 18 | | privileges to attend addiction recovery services; | 19 | | (5) if the addiction recovery service does not arrange | 20 | | for scheduling a meeting for that week, no addiction | 21 | | recovery services shall be provided to the committed person | 22 | | in the institution or facility for that week; | 23 | | (6) the number of committed persons who may attend an | 24 | | addiction recovery meeting shall not exceed 40 during any | 25 | | session held at the correctional institution or facility; | 26 | | (7) a volunteer seeking to provide addiction recovery |
| | | HB3831 Engrossed | - 10 - | LRB100 08922 RLC 19065 b |
|
| 1 | | services under this subsection (m) must submit an | 2 | | application to the Department of Corrections under | 3 | | existing Department rules and the Department must review | 4 | | the application within 60 days after submission of the | 5 | | application to the Department; and | 6 | | (8) each institution and facility of the Department | 7 | | shall manage the addiction recovery services program | 8 | | according to its own processes and procedures. | 9 | | For the purposes of this subsection (m), "addiction | 10 | | recovery services" means recovery services for alcoholics and | 11 | | addicts provided by volunteers of recovery support services | 12 | | recognized by the Department of Human Services. | 13 | | (Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323, | 14 | | eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12; | 15 | | 97-813, eff. 7-13-12.)
| 16 | | (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| 17 | | Sec. 3-10-2. Examination of Persons Committed to the | 18 | | Department of Juvenile Justice.
| 19 | | (a) A person committed to the Department of Juvenile | 20 | | Justice shall be examined in
regard to his medical, | 21 | | psychological, social, educational and vocational
condition | 22 | | and history, including the use of alcohol and other drugs,
the | 23 | | circumstances of his offense and any other
information as the | 24 | | Department of Juvenile Justice may determine.
| 25 | | (a-5) Upon admission of a person committed to the |
| | | HB3831 Engrossed | - 11 - | LRB100 08922 RLC 19065 b |
|
| 1 | | Department of Juvenile Justice, the Department of Juvenile | 2 | | Justice must provide the person with appropriate information | 3 | | concerning HIV and AIDS in writing, verbally, or by video or | 4 | | other electronic means. The Department of Juvenile Justice | 5 | | shall develop the informational materials in consultation with | 6 | | the Department of Public Health. At the same time, the | 7 | | Department of Juvenile Justice also must offer the person the | 8 | | option of being tested, at no charge to the person, for | 9 | | infection with human immunodeficiency virus (HIV). Pre-test | 10 | | information shall be provided to the committed person and | 11 | | informed consent obtained as required in subsection (q) of | 12 | | Section 3 and Section 5 of the AIDS Confidentiality Act. The | 13 | | Department of Juvenile Justice may conduct opt-out HIV testing | 14 | | as defined in Section 4 of the AIDS Confidentiality Act. If the | 15 | | Department conducts opt-out HIV testing, the Department shall | 16 | | place signs in English, Spanish and other languages as needed | 17 | | in multiple, highly visible locations in the area where HIV | 18 | | testing is conducted informing inmates that they will be tested | 19 | | for HIV unless they refuse, and refusal or acceptance of | 20 | | testing shall be documented in the inmate's medical record. The | 21 | | Department shall follow procedures established by the | 22 | | Department of Public Health to conduct HIV testing and testing | 23 | | to confirm positive HIV test results. All testing must be | 24 | | conducted by medical personnel, but pre-test and other | 25 | | information may be provided by committed persons who have | 26 | | received appropriate training. The Department, in conjunction |
| | | HB3831 Engrossed | - 12 - | LRB100 08922 RLC 19065 b |
|
| 1 | | with the Department of Public Health, shall develop a plan that | 2 | | complies with the AIDS Confidentiality Act to deliver | 3 | | confidentially all positive or negative HIV test results to | 4 | | inmates or former inmates. Nothing in this Section shall | 5 | | require the Department to offer HIV testing to an inmate who is | 6 | | known to be infected with HIV, or who has been tested for HIV | 7 | | within the previous 180 days and whose documented HIV test | 8 | | result is available to the Department electronically. The
| 9 | | testing provided under this subsection (a-5) shall consist of a | 10 | | test approved by the Illinois Department of Public Health to | 11 | | determine the presence of HIV infection, based upon | 12 | | recommendations of the United States Centers for Disease | 13 | | Control and Prevention. If the test result is positive, a | 14 | | reliable supplemental test based upon recommendations of the | 15 | | United States Centers for Disease Control and Prevention shall | 16 | | be
administered. | 17 | | Also upon admission of a person committed to the Department | 18 | | of Juvenile Justice, the Department of Juvenile Justice must | 19 | | inform the person of the Department's obligation to provide the | 20 | | person with medical care.
| 21 | | (b) Based on its examination, the Department of Juvenile | 22 | | Justice may exercise the following
powers in developing a | 23 | | treatment program of any person committed to the Department of | 24 | | Juvenile Justice:
| 25 | | (1) Require participation by him in vocational, | 26 | | physical, educational
and corrective training and |
| | | HB3831 Engrossed | - 13 - | LRB100 08922 RLC 19065 b |
|
| 1 | | activities to return him to the community.
| 2 | | (2) Place him in any institution or facility of the | 3 | | Department of Juvenile Justice.
| 4 | | (3) Order replacement or referral to the Parole and | 5 | | Pardon Board as
often as it deems desirable. The Department | 6 | | of Juvenile Justice shall refer the person to the
Parole | 7 | | and Pardon Board as 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 of Juvenile Justice.
| 14 | | (c) The Department of Juvenile Justice shall make periodic | 15 | | reexamination of all persons
under the control of the | 16 | | Department of Juvenile Justice to determine whether existing
| 17 | | orders in individual cases should be modified or continued. | 18 | | This
examination shall be made with respect to every person at | 19 | | least once
annually.
| 20 | | (d) A record of the treatment decision including any | 21 | | modification
thereof and the reason therefor, shall be part of | 22 | | the committed person's
master record file.
| 23 | | (e) The Department of Juvenile Justice shall by certified | 24 | | mail and telephone or electronic message
notify the parent, | 25 | | guardian or nearest relative of any person committed to
the | 26 | | Department of Juvenile Justice of his or her physical location |
| | | HB3831 Engrossed | - 14 - | LRB100 08922 RLC 19065 b |
|
| 1 | | and any change thereof.
| 2 | | (f) Each institution and facility of the Department of | 3 | | Juvenile Justice shall provide educational and vocational | 4 | | training for all persons committed to the Department. | 5 | | (Source: P.A. 98-689, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78, | 6 | | eff. 7-20-15.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
|
|