Full Text of SB1331 98th General Assembly
SB1331 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1331 Introduced 2/5/2013, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED: |
|
730 ILCS 5/3-10-2 | from Ch. 38, par. 1003-10-2 |
|
Amends the Unified Code of Corrections. Provides that the Director of Juvenile Justice may execute consent for medical or other health treatment on behalf of persons committed to the Department of Juvenile Justice. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | SB1331 | | LRB098 02593 RLC 32598 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 Section 3-10-2 as follows:
| 6 | | (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| 7 | | Sec. 3-10-2. Examination of Persons Committed to the | 8 | | Department of Juvenile Justice.
| 9 | | (a) A person committed to the Department of Juvenile | 10 | | Justice shall be examined in
regard to his medical, | 11 | | psychological, social, educational and vocational
condition | 12 | | and history, including the use of alcohol and other drugs,
the | 13 | | circumstances of his offense and any other
information as the | 14 | | Department of Juvenile Justice may determine.
| 15 | | (a-5) Upon admission of a person committed to the | 16 | | Department of Juvenile Justice, the Department of Juvenile | 17 | | Justice must provide the person with appropriate information | 18 | | concerning HIV and AIDS in writing, verbally, or by video or | 19 | | other electronic means. The Department of Juvenile Justice | 20 | | shall develop the informational materials in consultation with | 21 | | the Department of Public Health. At the same time, the | 22 | | Department of Juvenile Justice also must offer the person the | 23 | | option of being tested, at no charge to the person, for |
| | | SB1331 | - 2 - | LRB098 02593 RLC 32598 b |
|
| 1 | | infection with human immunodeficiency virus (HIV). Pre-test | 2 | | information shall be provided to the committed person and | 3 | | informed consent obtained as required in subsection (d) of | 4 | | Section 3 and Section 5 of the AIDS Confidentiality Act. The | 5 | | Department of Juvenile Justice may conduct opt-out HIV testing | 6 | | as defined in Section 4 of the AIDS Confidentiality Act. If the | 7 | | Department conducts opt-out HIV testing, the Department shall | 8 | | place signs in English, Spanish and other languages as needed | 9 | | in multiple, highly visible locations in the area where HIV | 10 | | testing is conducted informing inmates that they will be tested | 11 | | for HIV unless they refuse, and refusal or acceptance of | 12 | | testing shall be documented in the inmate's medical record. The | 13 | | Department shall follow procedures established by the | 14 | | Department of Public Health to conduct HIV testing and testing | 15 | | to confirm positive HIV test results. All testing must be | 16 | | conducted by medical personnel, but pre-test and other | 17 | | information may be provided by committed persons who have | 18 | | received appropriate training. The Department, in conjunction | 19 | | with the Department of Public Health, shall develop a plan that | 20 | | complies with the AIDS Confidentiality Act to deliver | 21 | | confidentially all positive or negative HIV test results to | 22 | | inmates or former inmates. Nothing in this Section shall | 23 | | require the Department to offer HIV testing to an inmate who is | 24 | | known to be infected with HIV, or who has been tested for HIV | 25 | | within the previous 180 days and whose documented HIV test | 26 | | result is available to the Department electronically. The
|
| | | SB1331 | - 3 - | LRB098 02593 RLC 32598 b |
|
| 1 | | testing provided under this subsection (a-5) shall consist of a | 2 | | test approved by the Illinois Department of Public Health to | 3 | | determine the presence of HIV infection, based upon | 4 | | recommendations of the United States Centers for Disease | 5 | | Control and Prevention. If the test result is positive, a | 6 | | reliable supplemental test based upon recommendations of the | 7 | | United States Centers for Disease Control and Prevention shall | 8 | | be
administered. | 9 | | Also upon admission of a person committed to the Department | 10 | | of Juvenile Justice, the Department of Juvenile Justice must | 11 | | inform the person of the Department's obligation to provide the | 12 | | person with medical care.
The Director of Juvenile Justice may | 13 | | execute consent for medical or other health treatment on behalf | 14 | | of persons committed to the Department of Juvenile Justice. | 15 | | (b) Based on its examination, the Department of Juvenile | 16 | | Justice may exercise the following
powers in developing a | 17 | | treatment program of any person committed to the Department of | 18 | | Juvenile Justice:
| 19 | | (1) Require participation by him in vocational, | 20 | | physical, educational
and corrective training and | 21 | | activities to return him to the community.
| 22 | | (2) Place him in any institution or facility of the | 23 | | Department of Juvenile Justice.
| 24 | | (3) Order replacement or referral to the Parole and | 25 | | Pardon Board as
often as it deems desirable. The Department | 26 | | of Juvenile Justice shall refer the person to the
Parole |
| | | SB1331 | - 4 - | LRB098 02593 RLC 32598 b |
|
| 1 | | and Pardon Board as required under Section 3-3-4.
| 2 | | (4) Enter into agreements with the Secretary of Human | 3 | | Services and
the Director of Children and Family
Services, | 4 | | with courts having probation officers, and with private | 5 | | agencies
or institutions for separate care or special | 6 | | treatment of persons subject
to the control of the | 7 | | Department of Juvenile Justice.
| 8 | | (c) The Department of Juvenile Justice shall make periodic | 9 | | reexamination of all persons
under the control of the | 10 | | Department of Juvenile Justice to determine whether existing
| 11 | | orders in individual cases should be modified or continued. | 12 | | This
examination shall be made with respect to every person at | 13 | | least once
annually.
| 14 | | (d) A record of the treatment decision including any | 15 | | modification
thereof and the reason therefor, shall be part of | 16 | | the committed person's
master record file.
| 17 | | (e) The Department of Juvenile Justice shall by certified | 18 | | mail, return receipt requested,
notify the parent, guardian or | 19 | | nearest relative of any person committed to
the Department of | 20 | | Juvenile Justice of his physical location and any change | 21 | | thereof.
| 22 | | (Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11; | 23 | | 97-813, eff. 7-13-12.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
|
|