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




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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 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. Neither the Department of Corrections nor
21the Department of Juvenile Justice may require a committed
22person or person committed to any facility operated by the
23Department of Juvenile Justice, as set forth in Section
243-2.5-15 of this Code, to pay any co-payment for receiving
25medical or dental services. The Department shall require the
26committed person receiving medical or dental services on a



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



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1of Corrections may determine that there are special reasons why
2the child should continue in the custody of the mother until
3the child is 6 years old.
4    (h) The Department may provide Family Responsibility
5Services which may consist of, but not be limited to the
7        (1) family advocacy counseling;
8        (2) parent self-help group;
9        (3) parenting skills training;
10        (4) parent and child overnight program;
11        (5) parent and child reunification counseling, either
12    separately or together, preceding the inmate's release;
13    and
14        (6) a prerelease reunification staffing involving the
15    family advocate, the inmate and the child's counselor, or
16    both and the inmate.
17    (i) (Blank).
18    (j) Any person convicted of a sex offense as defined in the
19Sex Offender Management Board Act shall be required to receive
20a sex offender evaluation prior to release into the community
21from the Department of Corrections. The sex offender evaluation
22shall be conducted in conformance with the standards and
23guidelines developed under the Sex Offender Management Board
24Act and by an evaluator approved by the Board.
25    (k) Any minor committed to the Department of Juvenile
26Justice for a sex offense as defined by the Sex Offender



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



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



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1or facility available for addiction recovery services to be
2provided to committed persons on a voluntary basis. The
3services shall be provided for one hour once a week at a time
4specified by the chief administrative officer of the
5institution or facility if the following conditions are met:
6        (1) the addiction recovery service contacts the chief
7    administrative officer to arrange the meeting;
8        (2) the committed person may attend the meeting for
9    addiction recovery services only if the committed person
10    uses pre-existing free time already available to the
11    committed person;
12        (3) all disciplinary and other rules of the institution
13    or facility remain in effect;
14        (4) the committed person is not given any additional
15    privileges to attend addiction recovery services;
16        (5) if the addiction recovery service does not arrange
17    for scheduling a meeting for that week, no addiction
18    recovery services shall be provided to the committed person
19    in the institution or facility for that week;
20        (6) the number of committed persons who may attend an
21    addiction recovery meeting shall not exceed 40 during any
22    session held at the correctional institution or facility;
23        (7) a volunteer seeking to provide addiction recovery
24    services under this subsection (m) must submit an
25    application to the Department of Corrections under
26    existing Department rules and the Department must review



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1    the application within 60 days after submission of the
2    application to the Department; and
3        (8) each institution and facility of the Department
4    shall manage the addiction recovery services program
5    according to its own processes and procedures.
6    For the purposes of this subsection (m), "addiction
7recovery services" means recovery services for alcoholics and
8addicts provided by volunteers of recovery support services
9recognized by the Department of Human Services.
10(Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323,
11eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12;
1297-813, eff. 7-13-12.)