Illinois General Assembly - Full Text of HB5104
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Full Text of HB5104  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Carol Ammons


730 ILCS 5/3-6-2  from Ch. 38, par. 1003-6-2
730 ILCS 5/3-7-2a  from Ch. 38, par. 1003-7-2a
730 ILCS 5/3-12-1  from Ch. 38, par. 1003-12-1
730 ILCS 5/3-12-2  from Ch. 38, par. 1003-12-2
730 ILCS 5/3-12-5  from Ch. 38, par. 1003-12-5

    Amends the Unified Code of Corrections. Deletes provision that the Department of Corrections shall require the committed person receiving medical or dental services on a non-emergency basis to pay a $5 co-payment to the Department for each visit for medical or dental services. Provides that if a Department facility maintains a commissary or commissaries serving inmates, the selling prices for all goods shall be sufficient to cover the costs of the goods and an additional charge of up to 10% (rather than 35% for tobacco products and up to 25% for non-tobacco products). Deletes provisions that the Department shall notify the Attorney General of the existence of any proceeds which it believes should be applied towards a satisfaction, in whole or in part, of the person's incarceration costs. Deletes provision that of the compensation earned for work assignments, a portion, as determined by the Department, shall be used to offset the cost of the committed person's incarceration.

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HB5104LRB100 18106 MRW 33300 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 Unified Code of Corrections is amended by
5changing Sections 3-6-2, 3-7-2a, 3-12-1, 3-12-2, and 3-12-5 as
7    (730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
8    Sec. 3-6-2. Institutions and Facility Administration.
9    (a) Each institution and facility of the Department shall
10be administered by a chief administrative officer appointed by
11the Director. A chief administrative officer shall be
12responsible for all persons assigned to the institution or
13facility. The chief administrative officer shall administer
14the programs of the Department for the custody and treatment of
15such persons.
16    (b) The chief administrative officer shall have such
17assistants as the Department may assign.
18    (c) The Director or Assistant Director shall have the
19emergency powers to temporarily transfer individuals without
20formal procedures to any State, county, municipal or regional
21correctional or detention institution or facility in the State,
22subject to the acceptance of such receiving institution or
23facility, or to designate any reasonably secure place in the



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



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



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



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1defined by Department rules and regulations, shall be exempt
2from the $5 co-payment for treatment of the chronic illness. A
3committed person shall not be subject to a $5 co-payment for
4follow-up visits ordered by a physician, who is employed by, or
5contracts with, the Department. A committed person who is
6indigent is exempt from the $5 co-payment and is entitled to
7receive medical or dental services on the same basis as a
8committed person who is financially able to afford the
9co-payment. For purposes of this Section only, "indigent" means
10a committed person who has $20 or less in his or her Inmate
11Trust Fund at the time of such services and for the 30 days
12prior to such services. Notwithstanding any other provision in
13this subsection (f) to the contrary, any person committed to
14any facility operated by the Department of Juvenile Justice, as
15set forth in Section 3-2.5-15 of this Code, is exempt from the
16co-payment requirement for the duration of confinement in those
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
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) (Blank).
14    (j) Any person convicted of a sex offense as defined in the
15Sex Offender Management Board Act shall be required to receive
16a sex offender evaluation prior to release into the community
17from the Department of Corrections. The sex offender evaluation
18shall be conducted in conformance with the standards and
19guidelines developed under the Sex Offender Management Board
20Act and by an evaluator approved by the Board.
21    (k) Any minor committed to the Department of Juvenile
22Justice for a sex offense as defined by the Sex Offender
23Management Board Act shall be required to undergo sex offender
24treatment by a treatment provider approved by the Board and
25conducted in conformance with the Sex Offender Management Board



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



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1conjunction with the Department of Public Health, shall develop
2a plan that complies with the AIDS Confidentiality Act to
3deliver confidentially all positive or negative HIV test
4results to inmates or former inmates. Nothing in this Section
5shall require the Department to offer HIV testing to an inmate
6who is known to be infected with HIV, or who has been tested
7for HIV within the previous 180 days and whose documented HIV
8test result is available to the Department electronically. The
9testing provided under this subsection (l) shall consist of a
10test approved by the Illinois Department of Public Health to
11determine the presence of HIV infection, based upon
12recommendations of the United States Centers for Disease
13Control and Prevention. If the test result is positive, a
14reliable supplemental test based upon recommendations of the
15United States Centers for Disease Control and Prevention shall
16be administered.
17    Prior to the release of an inmate who the Department knows
18has tested positive for infection with HIV, the Department in a
19timely manner shall offer the inmate transitional case
20management, including referrals to other support services.
21    (m) The chief administrative officer of each institution or
22facility of the Department shall make a room in the institution
23or facility available for addiction recovery services to be
24provided to committed persons on a voluntary basis. The
25services shall be provided for one hour once a week at a time
26specified by the chief administrative officer of the



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1institution or facility if the following conditions are met:
2        (1) the addiction recovery service contacts the chief
3    administrative officer to arrange the meeting;
4        (2) the committed person may attend the meeting for
5    addiction recovery services only if the committed person
6    uses pre-existing free time already available to the
7    committed person;
8        (3) all disciplinary and other rules of the institution
9    or facility remain in effect;
10        (4) the committed person is not given any additional
11    privileges to attend addiction recovery services;
12        (5) if the addiction recovery service does not arrange
13    for scheduling a meeting for that week, no addiction
14    recovery services shall be provided to the committed person
15    in the institution or facility for that week;
16        (6) the number of committed persons who may attend an
17    addiction recovery meeting shall not exceed 40 during any
18    session held at the correctional institution or facility;
19        (7) a volunteer seeking to provide addiction recovery
20    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 addiction recovery services program



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1    according to its own processes and procedures.
2    For the purposes of this subsection (m), "addiction
3recovery services" means recovery services for alcoholics and
4addicts provided by volunteers of recovery support services
5recognized by the Department of Human Services.
6(Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323,
7eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12;
897-813, eff. 7-13-12.)
9    (730 ILCS 5/3-7-2a)  (from Ch. 38, par. 1003-7-2a)
10    Sec. 3-7-2a. If a facility maintains a commissary or
11commissaries serving inmates, the selling prices for all goods
12shall be sufficient to cover the costs of the goods and an
13additional charge of up to 10% 35% for tobacco products and up
14to 25% for non-tobacco products. The amount of the additional
15charges for goods sold at commissaries serving inmates shall be
16based upon the amount necessary to pay for the wages and
17benefits of commissary employees who are employed in any
18commissary facilities of the Department. The Department shall
19determine the additional charges upon any changes in wages and
20benefits of commissary employees as negotiated in the
21collective bargaining agreement. If a facility maintains a
22commissary or commissaries serving employees, the selling
23price for all goods shall be sufficient to cover the costs of
24the goods and an additional charge of up to 10%. A compliance
25audit of all commissaries and the distribution of commissary



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1funds shall be included in the regular compliance audit of the
2Department conducted by the Auditor General in accordance with
3the Illinois State Auditing Act.
4    Items purchased for sale at any such commissary shall be
5purchased, wherever possible, at wholesale costs. If a facility
6maintains a commissary or commissaries as of the effective date
7of this amendatory Act of the 93rd General Assembly, the
8Department may not contract with a private contractor or vendor
9to operate, manage, or perform any portion of the commissary
10services. The Department may not enter into any such contract
11for commissary services at a facility that opens subsequent to
12the effective date of this amendatory Act of the 93rd General
14(Source: P.A. 93-607, eff. 1-1-04; 94-913, eff. 6-23-06.)
15    (730 ILCS 5/3-12-1)  (from Ch. 38, par. 1003-12-1)
16    Sec. 3-12-1. Useful Employment. The Department shall, in so
17far as possible, employ at useful work committed persons
18confined in institutions and facilities of the Department, who
19are over the age of compulsory school attendance, physically
20capable of such employment, and not otherwise occupied in
21programs of the Department. Such employment shall equip such
22persons with marketable skills and , promote habits of work and
23responsibility and contribute to the expense of the employment
24program and the committed person's cost of incarceration.
25(Source: P.A. 86-450.)



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1    (730 ILCS 5/3-12-2)  (from Ch. 38, par. 1003-12-2)
2    Sec. 3-12-2. Types of employment.
3    (a) The Department shall provide inmate workers for
4Illinois Correctional Industries to work in programs
5established to train and employ committed persons in the
6production of food stuffs and finished goods and any articles,
7materials or supplies for resale to State agencies and
8authorized purchasers. It may also employ committed persons on
9public works, buildings and property, the conservation of
10natural resources of the State, anti-pollution or
11environmental control projects, or for other public purposes,
12for the maintenance of the Department's buildings and
13properties and for the production of food or other necessities
14for its programs. The Department may establish, maintain and
15employ committed persons in the production of vehicle
16registration plates. A committed person's labor shall not be
17sold, contracted or hired out by the Department except under
18this Article.
19    (b) Works of art, literature, handicraft or other items
20produced by committed persons as an avocation and not as a
21product of a work program of the Department may be sold to the
22public under rules and regulations established by the
23Department. The cost of selling such products may be deducted
24from the proceeds, and the balance shall be credited to the
25person's account under Section 3-4-3. The Department shall



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1notify the Attorney General of the existence of any proceeds
2which it believes should be applied towards a satisfaction, in
3whole or in part, of the person's incarceration costs.
4(Source: P.A. 96-877, eff. 7-1-10; 96-943, eff. 7-1-10.)
5    (730 ILCS 5/3-12-5)  (from Ch. 38, par. 1003-12-5)
6    Sec. 3-12-5. Compensation. Persons performing a work
7assignment under subsection (a) of Section 3-12-2 may receive
8wages under rules and regulations of the Department. In
9determining rates of compensation, the Department shall
10consider the effort, skill and economic value of the work
11performed. Compensation may be given to persons who participate
12in other programs of the Department. Of the compensation earned
13pursuant to this Section, a portion, as determined by the
14Department, shall be used to offset the cost of the committed
15person's incarceration. If the committed person files a lawsuit
16determined frivolous under Article XXII of the Code of Civil
17Procedure, 50% of the compensation shall be used to offset the
18filing fees and costs of the lawsuit as provided in that
19Article until all fees and costs are paid in full. All other
20wages shall be deposited in the individual's account under
21rules and regulations of the Department. The Department shall
22notify the Attorney General of any compensation applied towards
23a satisfaction, in whole or in part, of the person's
24incarceration costs.
25(Source: P.A. 94-1017, eff. 7-7-06.)