State of Illinois
91st General Assembly
Legislation

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91_HB0222eng

 
HB0222 Engrossed                              LRB9101094RCdvA

 1        AN ACT to amend the Unified Code of Corrections by adding
 2    Section 3-6-2.1.

 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    adding Section 3-6-2.1 as follows:

 7        (730 ILCS 5/3-6-2.1 new)
 8        Sec. 3-6-2.1. Sexual assault program.
 9        (a)  The Department must provide an  initial  orientation
10    program  on  sexual assault to all inmates within 48 hours of
11    commitment to a penal institution.  The program must  provide
12    at least the following information:
13             (1)  a  realistic  presentation pertaining to sexual
14        assault avoidance; and
15             (2)  information on preventing and reducing the risk
16        of sexual assault.
17        (b)  Literature  and  tapes  on  rape  and  rape   trauma
18    syndrome  developed  or  sponsored  by  community rape crisis
19    centers or State or national  non-profit  organizations  with
20    expertise in sexual assault issues may not be barred from any
21    Department  of  Corrections  institution  unless the Director
22    personally determines that a particular item  is  unsuitable.
23    The  literature  provided  to an institution must be left out
24    where prisoners can take  it  without  calling  attention  to
25    themselves,  such  as  in  the  library, law library, medical
26    clinic,  recreation  halls,  mental   health   offices,   and
27    educational lobby areas.
28        The   Department   must  provide  posted  notice  of  the
29    availability of any community-based  rape  crisis  counselors
30    who   are   willing   to   provide  confidential  counseling.
31    Communications between prisoners and rape  crisis  counselors
 
HB0222 Engrossed            -2-                 LRB901094RCks
 1    are  confidential  as provided in Section 8-802.1 of the Code
 2    of Civil Procedure.  The Department may  contract  with  rape
 3    crisis  organizations  to  provide these counseling services.
 4    Rape counseling must be provided by  trained  or  experienced
 5    rape  counselors  certified by a community rape crisis center
 6    or other appropriate organization.
 7        (c)  The Department must collect statistical data on  all
 8    known or reported or suspected incidents of sexual aggression
 9    or   sexually   motivated   violence   occurring  within  its
10    facilities.   These  data  must  be  compiled  quarterly  and
11    annually and must be filed with the General Assembly.
12        (d)  The  Department  must  develop  and   implement   an
13    employee  training  program  on  identifying  and  preventing
14    sexual  assault,  comparable  to  the  Department's  employee
15    training  program  relating  to  HIV  and AIDS.  The training
16    program must provide at least 2 hours of  training  for  each
17    employee.
18        (e)  A  guard  or  other  employee  of the Department who
19    becomes aware of an actual or threatened sexual assault, or a
20    credible report of an actual or threatened sexual assault, on
21    a prisoner in the custody of  the  Department  must  promptly
22    report  this  situation  to  the  head  of the institution or
23    facility.  This requirement does not  apply  to  confidential
24    knowledge obtained through the counseling process.

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