State of Illinois
90th General Assembly

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      730 ILCS 5/3-6-2          from Ch. 38, par. 1003-6-2
          Amends the Unified Code of Corrections.  Requires that  a
      narcotic  drug  in pill form administered to an inmate by the
      Department of Corrections or by an employee or agent  of  the
      Department  or by a person under contract with the Department
      must be crushed before  its  administration  to  the  inmate.
      Provides  that the Department shall establish rules providing
      for  the  inspection  of  the  consumption   of   all   drugs
      administered  to  inmates by the Department or by an employee
      or agent of the Department or by a person under contract with
      the Department.
 1        AN ACT to  amend  the  Unified  Code  of  Corrections  by
 2    changing Section 3-6-2.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Unified Code of Corrections is amended by
 6    changing Section 3-6-2 as follows:
 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
10    shall  be  administered  by  a  chief  administrative officer
11    appointed by the Director.  A  chief  administrative  officer
12    shall   be  responsible  for  all  persons  assigned  to  the
13    institution or facility.  The  chief  administrative  officer
14    shall  administer  the  programs  of  the  Department for the
15    custody and treatment  of such persons.
16        (b)  The chief administrative  officer  shall  have  such
17    assistants as the Department may assign.
18        (c)  The  Director  or  Assistant Director shall have the
19    emergency powers to temporarily transfer individuals  without
20    formal procedures to any State, county, municipal or regional
21    correctional  or  detention  institution  or  facility in the
22    State,  subject  to  the   acceptance   of   such   receiving
23    institution  or  facility,  or  to  designate  any reasonably
24    secure place in the State as such an institution or  facility
25    and  to make transfers thereto. However, transfers made under
26    emergency powers shall be reviewed  as  soon  as  practicable
27    under  Article  8, and shall be subject to Section 1-7 of the
28    Juvenile Court Act of 1987.  This Section shall not apply  to
29    transfers  to  the  Department  of  Human  Services which are
30    provided for under Section 3-8-5 or Section 3-10-5.
31        (d)  The Department shall  provide  educational  programs
                            -2-                LRB9008257RCks
 1    for  all  committed  persons  so  that  all  persons  have an
 2    opportunity to attain the achievement level equivalent to the
 3    completion of the twelfth grade in the public  school  system
 4    in  this  State.  Other  higher levels of attainment shall be
 5    encouraged and professional instruction shall  be  maintained
 6    wherever  possible.  The Department may establish programs of
 7    mandatory education and may establish rules  and  regulations
 8    for  the  administration of such programs. A person committed
 9    to the Department who,  during  the  period  of  his  or  her
10    incarceration,   participates   in   an  educational  program
11    provided by  or  through  the  Department  and  through  that
12    program  is  awarded  or  earns the number of hours of credit
13    required for the award of  an  associate,  baccalaureate,  or
14    higher   degree   from   a  community  college,  college,  or
15    university located in Illinois  shall  reimburse  the  State,
16    through  the  Department, for the costs incurred by the State
17    in providing that person during his or her incarceration with
18    the education that qualifies him or her for the award of that
19    degree.  The costs for which reimbursement is required  under
20    this  subsection  shall  be  determined  and  computed by the
21    Department  under  rules  and  regulations  that   it   shall
22    establish for that purpose.  However, interest at the rate of
23    6%  per  annum shall be charged on the balance of those costs
24    from time to time remaining unpaid,  from  the  date  of  the
25    person's  parole,  mandatory  supervised  release, or release
26    constituting a final termination of his or her commitment  to
27    the Department until paid.
28        (e)  A  person committed to the Department who becomes in
29    need of medical or surgical treatment  but  is  incapable  of
30    giving consent thereto shall receive such medical or surgical
31    treatment  by  the chief administrative officer consenting on
32    the person's behalf. Before the chief administrative  officer
33    consents,  he  or  she shall obtain the advice of one or more
34    physicians licensed to practice medicine in all its  branches
                            -3-                LRB9008257RCks
 1    in this State.  If such physician or physicians advise:
 2             (1)  that immediate medical or surgical treatment is
 3        required  relative  to  a  condition threatening to cause
 4        death, damage  or  impairment  to  bodily  functions,  or
 5        disfigurement; and
 6             (2)  that  the  person  is  not  capable  of  giving
 7        consent  to  such  treatment;  the  chief  administrative
 8        officer  may  give  consent  for such medical or surgical
 9        treatment, and such consent shall be  deemed  to  be  the
10        consent  of  the  person for all purposes, including, but
11        not limited to, the authority of a physician to give such
12        treatment.
13        (f)  In the event that the person requires  medical  care
14    and  treatment  at  a  place  other  than  the institution or
15    facility,  the  person  may  be   removed   therefrom   under
16    conditions prescribed by the Department. The Department shall
17    require  the  committed  person  receiving  medical or dental
18    services on a non-emergency basis to pay a $2  co-payment  to
19    the  Department for each visit for medical or dental services
20    at a place other  than  the  institution  or  facility.   The
21    amount   of  each  co-payment  shall  be  deducted  from  the
22    committed person's individual account. A committed person who
23    is indigent is exempt from the $2 co-payment and is  entitled
24    to  receive medical or dental services on the same basis as a
25    committed person  who  is  financially  able  to  afford  the
26    co-payment.
27        (g)  Any  person  having  sole  custody of a child at the
28    time of commitment or any woman giving birth to a child after
29    her  commitment,  may  arrange  through  the  Department   of
30    Children  and  Family  Services for suitable placement of the
31    child outside of the Department of Corrections. The  Director
32    of the Department of Corrections may determine that there are
33    special  reasons why the child should continue in the custody
34    of the mother until the child is 6 years old.
                            -4-                LRB9008257RCks
 1        (h)  The Department  may  provide  Family  Responsibility
 2    Services  which  may  consist  of,  but not be limited to the
 3    following:
 4             (1)  family advocacy counseling;
 5             (2)  parent self-help group;
 6             (3)  parenting skills training;
 7             (4)  parent and child overnight program;
 8             (5)  parent  and  child  reunification   counseling,
 9        either  separately  or  together,  preceding the inmate's
10        release; and
11             (6)  a prerelease reunification  staffing  involving
12        the   family    advocate,  the  inmate  and  the  child's
13        counselor, or both and the inmate.
14        (i)  Prior to  the  release  of  any  inmate  who  has  a
15    documented  history  of  intravenous  drug  use, and upon the
16    receipt  of  that  inmate's  written  informed  consent,  the
17    Department shall provide for the testing of such  inmate  for
18    infection  with  human  immunodeficiency  virus (HIV) and any
19    other identified causative agent of acquired immunodeficiency
20    syndrome (AIDS). The testing provided under  this  subsection
21    shall consist of an enzyme-linked immunosorbent assay (ELISA)
22    test  or  such  other test as may be approved by the Illinois
23    Department of Public Health. If the test result is  positive,
24    the  Western  Blot  Assay  or more reliable confirmatory test
25    shall be administered. All inmates tested in accordance  with
26    the  provisions  of  this  subsection  shall be provided with
27    pre-test  and  post-test  counseling.   Notwithstanding   any
28    provision  of this subsection to the contrary, the Department
29    shall not be required to conduct the testing  and  counseling
30    required  by this subsection unless sufficient funds to cover
31    all costs of such testing and counseling are appropriated for
32    that purpose by the General Assembly.
33        (j)  When a narcotic drug in pill form is administered to
34    a committed person by the Department or  by  an  employee  or
                            -5-                LRB9008257RCks
 1    agent  of  or  person under contract with the Department, the
 2    pill containing the narcotic drug must be crushed before  its
 3    administration  to  the  committed  person.   As used in this
 4    subsection (j), "narcotic drug" has the meaning  ascribed  to
 5    it  in  subsection  (a)(a)  of  Section  102  of the Illinois
 6    Controlled Substances Act.
 7        (k)  The Department shall establish rules  providing  for
 8    the  inspection  of  the  consumption of all drugs, including
 9    nonprescription drugs, administered to committed  persons  by
10    the  Department or by agents or employees of or persons under
11    contract with the Department.
12    (Source: P.A.  89-507,  eff.  7-1-97;  89-659,  eff.  1-1-97;
13    90-14, eff. 7-1-97.)

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