Full Text of SB2653 93rd General Assembly
SB2653enr 93RD GENERAL ASSEMBLY
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| AN ACT concerning corrections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Section 3-6-2 as follows: | 6 |
| (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
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| Sec. 3-6-2. Institutions and Facility Administration.
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| (a) Each institution and facility of the Department shall | 9 |
| be
administered by a chief administrative officer appointed by
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| the Director. A chief administrative officer shall be
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| responsible for all persons assigned to the institution or
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| facility. The chief administrative officer shall administer
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| the programs of the Department for the custody and treatment
of | 14 |
| such persons.
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| (b) The chief administrative officer shall have such | 16 |
| assistants
as the Department may assign.
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| (c) The Director or Assistant Director shall have the
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| emergency powers to temporarily transfer individuals without
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| formal procedures to any State, county, municipal or regional
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| correctional or detention institution or facility in the State,
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| subject to the acceptance of such receiving institution or
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| facility, or to designate any reasonably secure place in the
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| State as such an institution or facility and to make transfers
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| thereto. However, transfers made under emergency powers shall
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| be reviewed as soon as practicable under Article 8, and shall
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| be subject to Section 5-905 of the Juvenile Court Act of
1987. | 27 |
| This Section shall not apply to transfers to the Department of
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| Human Services which are provided for under
Section 3-8-5 or | 29 |
| Section 3-10-5.
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| (d) The Department shall provide educational programs for | 31 |
| all
committed persons so that all persons have an opportunity | 32 |
| to
attain the achievement level equivalent to the completion of
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| the twelfth grade in the public school system in this State.
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| Other higher levels of attainment shall be encouraged and
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| professional instruction shall be maintained wherever | 4 |
| possible.
The Department may establish programs of mandatory | 5 |
| education and may
establish rules and regulations for the | 6 |
| administration of such programs.
A person committed to the | 7 |
| Department who, during the period of his or her
incarceration, | 8 |
| participates in an educational program provided by or through
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| the Department and through that program is awarded or earns the | 10 |
| number of
hours of credit required for the award of an | 11 |
| associate, baccalaureate, or
higher degree from a community | 12 |
| college, college, or university located in
Illinois shall | 13 |
| reimburse the State, through the Department, for the costs
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| incurred by the State in providing that person during his or | 15 |
| her incarceration
with the education that qualifies him or her | 16 |
| for the award of that degree. The
costs for which reimbursement | 17 |
| is required under this subsection shall be
determined and | 18 |
| computed by the Department under rules and regulations that
it | 19 |
| shall establish for that purpose. However, interest at the rate | 20 |
| of 6%
per annum shall be charged on the balance of those costs | 21 |
| from time to time
remaining unpaid, from the date of the | 22 |
| person's parole, mandatory supervised
release, or release | 23 |
| constituting a final termination of his or her commitment
to | 24 |
| the Department until paid.
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| (e) A person committed to the Department who becomes in | 26 |
| need
of medical or surgical treatment but is incapable of | 27 |
| giving
consent thereto shall receive such medical or surgical | 28 |
| treatment
by the chief administrative officer consenting on the | 29 |
| person's behalf.
Before the chief administrative officer | 30 |
| consents, he or she shall
obtain the advice of one or more | 31 |
| physicians licensed to practice medicine
in all its branches in | 32 |
| this State. If such physician or physicians advise:
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| (1) that immediate medical or surgical treatment is | 34 |
| required
relative to a condition threatening to cause | 35 |
| death, damage or
impairment to bodily functions, or | 36 |
| disfigurement; and
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| (2) that the person is not capable of giving consent to | 2 |
| such treatment;
the chief administrative officer may give | 3 |
| consent for such
medical or surgical treatment, and such | 4 |
| consent shall be
deemed to be the consent of the person for | 5 |
| all purposes,
including, but not limited to, the authority | 6 |
| of a physician
to give such treatment. | 7 |
| (e-5) If a physician providing medical care to a committed | 8 |
| person on behalf of the Department advises the chief | 9 |
| administrative officer that the committed person's mental or | 10 |
| physical health has deteriorated as a result of the cessation | 11 |
| of ingestion of food or liquid to the point where medical or | 12 |
| surgical treatment is required to prevent death, damage, or | 13 |
| impairment to bodily functions, the chief administrative | 14 |
| officer may authorize such medical or surgical treatment.
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| (f) In the event that the person requires medical care and
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| treatment at a place other than the institution or facility,
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| the person may be removed therefrom under conditions prescribed
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| by the Department.
The Department shall require the committed | 19 |
| person receiving medical or dental
services on a non-emergency | 20 |
| basis to pay a $2 co-payment to the Department for
each visit | 21 |
| for medical or dental services. The amount of each co-payment | 22 |
| shall be deducted from the
committed person's individual | 23 |
| account.
A committed person who has a chronic illness, as | 24 |
| defined by Department rules
and regulations, shall be exempt | 25 |
| from the $2 co-payment for treatment of the
chronic illness. A | 26 |
| committed person shall not be subject to a $2 co-payment
for | 27 |
| follow-up visits ordered by a physician, who is employed by, or | 28 |
| contracts
with, the Department. A committed person who is | 29 |
| indigent is exempt from the
$2 co-payment
and is entitled to | 30 |
| receive medical or dental services on the same basis as a
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| committed person who is financially able to afford the | 32 |
| co-payment.
Notwithstanding any other provision in this | 33 |
| subsection (f) to the contrary,
any person committed to any | 34 |
| facility operated by the Juvenile Division, as set
forth in | 35 |
| subsection (b) of Section 3-2-5 of this Code, is exempt from | 36 |
| the
co-payment requirement for the duration of confinement in |
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| those facilities.
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| (g) Any person having sole custody of a child at
the time | 3 |
| of commitment or any woman giving birth to a child after
her | 4 |
| commitment, may arrange through the Department of Children
and | 5 |
| Family Services for suitable placement of the child outside
of | 6 |
| the Department of Corrections. The Director of the Department
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| of Corrections may determine that there are special reasons why
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| the child should continue in the custody of the mother until | 9 |
| the
child is 6 years old.
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| (h) The Department may provide Family Responsibility | 11 |
| Services which
may consist of, but not be limited to the | 12 |
| following:
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| (1) family advocacy counseling;
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| (2) parent self-help group;
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| (3) parenting skills training;
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| (4) parent and child overnight program;
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| (5) parent and child reunification counseling, either | 18 |
| separately or
together, preceding the inmate's release; | 19 |
| and
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| (6) a prerelease reunification staffing involving the | 21 |
| family advocate,
the inmate and the child's counselor, or | 22 |
| both and the inmate.
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| (i) Prior to the release of any inmate who has a documented | 24 |
| history
of intravenous drug use, and upon the receipt of that | 25 |
| inmate's written
informed consent, the Department shall | 26 |
| provide for the testing of such
inmate for infection with human | 27 |
| immunodeficiency virus (HIV) and any other
identified | 28 |
| causative agent of acquired immunodeficiency syndrome (AIDS). | 29 |
| The
testing provided under this subsection shall consist of an | 30 |
| enzyme-linked
immunosorbent assay (ELISA) test or such other | 31 |
| test as may be approved by
the Illinois Department of Public | 32 |
| Health. If the test result is positive,
the Western Blot Assay | 33 |
| or more reliable confirmatory test shall be
administered. All | 34 |
| inmates tested in accordance with the provisions of this
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| subsection shall be provided with pre-test and post-test | 36 |
| counseling.
Notwithstanding any provision of this subsection |
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| to the contrary, the
Department shall not be required to | 2 |
| conduct the testing and counseling
required by this subsection | 3 |
| unless sufficient funds to cover all costs of
such testing and | 4 |
| counseling are appropriated for that
purpose by the General | 5 |
| Assembly.
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| (j) Any person convicted of a sex offense as defined in the | 7 |
| Sex Offender
Management Board Act shall be required to receive | 8 |
| a sex offender evaluation
prior to release into the community | 9 |
| from the Department of Corrections. The
sex offender evaluation | 10 |
| shall be conducted in conformance with the standards
and | 11 |
| guidelines developed under
the Sex Offender Management Board | 12 |
| Act and by an evaluator approved by the
Board.
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| (k) Any minor committed to the Department of | 14 |
| Corrections-Juvenile Division
for a sex offense as defined by | 15 |
| the Sex Offender Management Board Act shall be
required to | 16 |
| undergo sex offender treatment by a treatment provider approved | 17 |
| by
the Board and conducted in conformance with the Sex Offender | 18 |
| Management Board
Act.
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| (Source: P.A. 92-292, eff. 8-9-01; 93-616, eff. 1-1-04.)
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