Public Act 094-0629
 
HB2578 Enrolled LRB094 07259 DRJ 37415 b

    AN ACT in relation to health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
African-American HIV/AIDS Response Act.
 
    Section 5. Legislative finding. The General Assembly finds
that HIV/AIDS in the African-American community is a crisis
separate and apart from the overall issue of HIV/AIDS in other
communities.
 
    Section 10. African-American HIV/AIDS Response Officer. An
African-American HIV/AIDS Response Officer, responsible for
coordinating efforts to address the African-American AIDS
crisis within his or her respective Office or Department and
serving as a liaison to governmental and non-governmental
entities beyond his or her respective Office or Department
regarding the same, shall be designated in each of the
following:
        (1) The Office of the Governor.
        (2) The Department of Human Services.
        (3) The Department of Public Health.
        (4) The Department of Corrections.
 
    Section 15. State agencies; HIV testing.
    (a) In this Section:
    "High-risk community" means a community designated as
high-risk by the Department of Public Health in rules.
    "High-traffic facility" means a high-traffic facility as
defined by the State agency operating the facility.
    "State agency" means (i) any department of State government
created under Section 5-15 of the Departments of State
Government Law of the Civil Administrative Code of Illinois or
(ii) the Office of the Secretary of State.
    (b) The Department of Public Health shall coordinate the
response to HIV/AIDS in the African-American community.
    (c) A State agency that operates a facility that (i) is
accessible to the public, (ii) is a high-traffic facility, and
(iii) serves a high-risk community must provide the following
in each such facility where space and security reasonably
permit: space for free HIV counseling and antibody testing to a
community-based organization licensed to do testing, in
accordance with the AIDS Confidentiality Act and rules adopted
by the Department of Public Health. The State agency or its
employees shall not conduct any counseling or testing required
to be provided under this subsection, but the agency shall make
appropriate arrangements with one or more certified
community-based organizations to conduct the counseling or
testing. The testing required to be provided under this
subsection is the rapid testing authorized under Section 5.5 of
the AIDS Confidentiality Act.
    (d) Neither the State of Illinois nor any State agency
supplying space for services authorized by this Section shall
be liable for damages based on the provision of such space or
claimed to result from any services performed in such space,
except that this immunity does not apply in the case of willful
and wanton misconduct.
 
    Section 20. Study. The Illinois HIV/AIDS Policy and
Research Institute at Chicago State University shall conduct a
study to determine whether there is a correlation between
incarceration and HIV infection.
 
    Section 25. HIV/AIDS Response Review Panel.
    (a) The HIV/AIDS Response Review Panel is established
within the Office of the Governor. The Panel shall consist of
the following members:
        (1) One member appointed by the Governor. This member
    shall serve as the Chair of the Panel.
        (2) One representative of each of the following,
    appointed by the head of the department: the Department of
    Corrections; the Department of Human Services; and the
    Department of Public Health.
        (3) Two ex-offenders who are familiar with the issue of
    HIV/AIDS as it relates to incarceration, appointed by
    Governor. One of these members must be from Cook County,
    and the other must be from a county other than Cook. Both
    of these members must have received a final discharge from
    the Department of Corrections.
        (4) Three representatives of HIV/AIDS organizations
    that have been in business for at least 2 years, appointed
    by Governor. In the case of such an organization that
    represents a constituency the majority of whom are
    African-American, the organization's representative who is
    a member of the Panel must be African-American.
    (b) The Panel shall review the implementation of this Act
within the Department of Corrections and shall file a report
with the General Assembly and with the Governor every January 1
stating the results of its review.
 
    Section 30. Rules.
    (a) No later than March 15, 2006, the Department of Public
Health shall issue proposed rules for designating high-risk
communities and for implementing subsection (c) of Section 15.
The rules must include, but may not be limited to, a standard
testing protocol, training for staff, community-based
organization experience, and the removal and proper disposal of
hazardous waste.
    (b) The Department of Human Services, the Department of
Public Health, and the Department of Corrections shall adopt
rules as necessary to ensure that this Act is implemented
within 6 months after the effective date of this Act.
 
    Section 35. Implementation subject to appropriation.
Implementation of this Act is subject to appropriation.
 
    Section 90. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by adding Section 2310-321 as follows:
 
    (20 ILCS 2310/2310-321 new)
    Sec. 2310-321. Information for persons committed to the
Department of Corrections and persons confined in a county
jail. On the Department's official Web site, the Department
shall provide Web-friendly and printer-friendly versions of
educational materials targeted to persons presently or
previously committed to the Department of Corrections or
confined in a county jail, as well as family members and
friends of such persons. The information shall include
information concerning testing, counseling, and case
management, including referrals and support services, in
connection with human immunodeficiency virus (HIV) or any other
identified causative agent of acquired immunodeficiency
syndrome (AIDS). Implementation of this Section is subject to
appropriation.
 
    Section 92. The Illinois Public Aid Code is amended by
changing Sections 5-2 and 9A-4 and by adding Section 5-5.04 as
follows:
 
    (305 ILCS 5/5-2)  (from Ch. 23, par. 5-2)
    Sec. 5-2. Classes of Persons Eligible. Medical assistance
under this Article shall be available to any of the following
classes of persons in respect to whom a plan for coverage has
been submitted to the Governor by the Illinois Department and
approved by him:
    1. Recipients of basic maintenance grants under Articles
III and IV.
    2. Persons otherwise eligible for basic maintenance under
Articles III and IV but who fail to qualify thereunder on the
basis of need, and who have insufficient income and resources
to meet the costs of necessary medical care, including but not
limited to the following:
        (a) All persons otherwise eligible for basic
    maintenance under Article III but who fail to qualify under
    that Article on the basis of need and who meet either of
    the following requirements:
            (i) their income, as determined by the Illinois
        Department in accordance with any federal
        requirements, is equal to or less than 70% in fiscal
        year 2001, equal to or less than 85% in fiscal year
        2002 and until a date to be determined by the
        Department by rule, and equal to or less than 100%
        beginning on the date determined by the Department by
        rule, of the nonfarm income official poverty line, as
        defined by the federal Office of Management and Budget
        and revised annually in accordance with Section 673(2)
        of the Omnibus Budget Reconciliation Act of 1981,
        applicable to families of the same size; or
            (ii) their income, after the deduction of costs
        incurred for medical care and for other types of
        remedial care, is equal to or less than 70% in fiscal
        year 2001, equal to or less than 85% in fiscal year
        2002 and until a date to be determined by the
        Department by rule, and equal to or less than 100%
        beginning on the date determined by the Department by
        rule, of the nonfarm income official poverty line, as
        defined in item (i) of this subparagraph (a).
        (b) All persons who would be determined eligible for
    such basic maintenance under Article IV by disregarding the
    maximum earned income permitted by federal law.
    3. Persons who would otherwise qualify for Aid to the
Medically Indigent under Article VII.
    4. Persons not eligible under any of the preceding
paragraphs who fall sick, are injured, or die, not having
sufficient money, property or other resources to meet the costs
of necessary medical care or funeral and burial expenses.
    5. (a) Women during pregnancy, after the fact of pregnancy
    has been determined by medical diagnosis, and during the
    60-day period beginning on the last day of the pregnancy,
    together with their infants and children born after
    September 30, 1983, whose income and resources are
    insufficient to meet the costs of necessary medical care to
    the maximum extent possible under Title XIX of the Federal
    Social Security Act.
        (b) The Illinois Department and the Governor shall
    provide a plan for coverage of the persons eligible under
    paragraph 5(a) by April 1, 1990. Such plan shall provide
    ambulatory prenatal care to pregnant women during a
    presumptive eligibility period and establish an income
    eligibility standard that is equal to 133% of the nonfarm
    income official poverty line, as defined by the federal
    Office of Management and Budget and revised annually in
    accordance with Section 673(2) of the Omnibus Budget
    Reconciliation Act of 1981, applicable to families of the
    same size, provided that costs incurred for medical care
    are not taken into account in determining such income
    eligibility.
        (c) The Illinois Department may conduct a
    demonstration in at least one county that will provide
    medical assistance to pregnant women, together with their
    infants and children up to one year of age, where the
    income eligibility standard is set up to 185% of the
    nonfarm income official poverty line, as defined by the
    federal Office of Management and Budget. The Illinois
    Department shall seek and obtain necessary authorization
    provided under federal law to implement such a
    demonstration. Such demonstration may establish resource
    standards that are not more restrictive than those
    established under Article IV of this Code.
    6. Persons under the age of 18 who fail to qualify as
dependent under Article IV and who have insufficient income and
resources to meet the costs of necessary medical care to the
maximum extent permitted under Title XIX of the Federal Social
Security Act.
    7. Persons who are under 21 years of age and would qualify
as disabled as defined under the Federal Supplemental Security
Income Program, provided medical service for such persons would
be eligible for Federal Financial Participation, and provided
the Illinois Department determines that:
        (a) the person requires a level of care provided by a
    hospital, skilled nursing facility, or intermediate care
    facility, as determined by a physician licensed to practice
    medicine in all its branches;
        (b) it is appropriate to provide such care outside of
    an institution, as determined by a physician licensed to
    practice medicine in all its branches;
        (c) the estimated amount which would be expended for
    care outside the institution is not greater than the
    estimated amount which would be expended in an institution.
    8. Persons who become ineligible for basic maintenance
assistance under Article IV of this Code in programs
administered by the Illinois Department due to employment
earnings and persons in assistance units comprised of adults
and children who become ineligible for basic maintenance
assistance under Article VI of this Code due to employment
earnings. The plan for coverage for this class of persons
shall:
        (a) extend the medical assistance coverage for up to 12
    months following termination of basic maintenance
    assistance; and
        (b) offer persons who have initially received 6 months
    of the coverage provided in paragraph (a) above, the option
    of receiving an additional 6 months of coverage, subject to
    the following:
            (i) such coverage shall be pursuant to provisions
        of the federal Social Security Act;
            (ii) such coverage shall include all services
        covered while the person was eligible for basic
        maintenance assistance;
            (iii) no premium shall be charged for such
        coverage; and
            (iv) such coverage shall be suspended in the event
        of a person's failure without good cause to file in a
        timely fashion reports required for this coverage
        under the Social Security Act and coverage shall be
        reinstated upon the filing of such reports if the
        person remains otherwise eligible.
    9. Persons with acquired immunodeficiency syndrome (AIDS)
or with AIDS-related conditions with respect to whom there has
been a determination that but for home or community-based
services such individuals would require the level of care
provided in an inpatient hospital, skilled nursing facility or
intermediate care facility the cost of which is reimbursed
under this Article. Assistance shall be provided to such
persons to the maximum extent permitted under Title XIX of the
Federal Social Security Act.
    10. Participants in the long-term care insurance
partnership program established under the Partnership for
Long-Term Care Act who meet the qualifications for protection
of resources described in Section 25 of that Act.
    11. Persons with disabilities who are employed and eligible
for Medicaid, pursuant to Section 1902(a)(10)(A)(ii)(xv) of
the Social Security Act, as provided by the Illinois Department
by rule.
    12. Subject to federal approval, persons who are eligible
for medical assistance coverage under applicable provisions of
the federal Social Security Act and the federal Breast and
Cervical Cancer Prevention and Treatment Act of 2000. Those
eligible persons are defined to include, but not be limited to,
the following persons:
        (1) persons who have been screened for breast or
    cervical cancer under the U.S. Centers for Disease Control
    and Prevention Breast and Cervical Cancer Program
    established under Title XV of the federal Public Health
    Services Act in accordance with the requirements of Section
    1504 of that Act as administered by the Illinois Department
    of Public Health; and
        (2) persons whose screenings under the above program
    were funded in whole or in part by funds appropriated to
    the Illinois Department of Public Health for breast or
    cervical cancer screening.
"Medical assistance" under this paragraph 12 shall be identical
to the benefits provided under the State's approved plan under
Title XIX of the Social Security Act. The Department must
request federal approval of the coverage under this paragraph
12 within 30 days after the effective date of this amendatory
Act of the 92nd General Assembly.
    13. Subject to appropriation and to federal approval,
persons living with HIV/AIDS who are not otherwise eligible
under this Article and who qualify for services covered under
Section 5-5.04 as provided by the Illinois Department by rule.
    The Illinois Department and the Governor shall provide a
plan for coverage of the persons eligible under paragraph 7 as
soon as possible after July 1, 1984.
    The eligibility of any such person for medical assistance
under this Article is not affected by the payment of any grant
under the Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act or any distributions
or items of income described under subparagraph (X) of
paragraph (2) of subsection (a) of Section 203 of the Illinois
Income Tax Act. The Department shall by rule establish the
amounts of assets to be disregarded in determining eligibility
for medical assistance, which shall at a minimum equal the
amounts to be disregarded under the Federal Supplemental
Security Income Program. The amount of assets of a single
person to be disregarded shall not be less than $2,000, and the
amount of assets of a married couple to be disregarded shall
not be less than $3,000.
    To the extent permitted under federal law, any person found
guilty of a second violation of Article VIIIA shall be
ineligible for medical assistance under this Article, as
provided in Section 8A-8.
    The eligibility of any person for medical assistance under
this Article shall not be affected by the receipt by the person
of donations or benefits from fundraisers held for the person
in cases of serious illness, as long as neither the person nor
members of the person's family have actual control over the
donations or benefits or the disbursement of the donations or
benefits.
(Source: P.A. 92-16, eff. 6-28-01; 92-47, eff. 7-3-01; 92-597,
eff. 6-28-02; 93-20, eff. 6-20-03.)
 
    (305 ILCS 5/5-5.04 new)
    Sec. 5-5.04. Persons living with HIV/AIDS. The Department
of Public Aid may seek federal approval to expand access to
health care for persons living with HIV/AIDS. Implementation of
this Section is subject to appropriation.
 
    (305 ILCS 5/9A-4)  (from Ch. 23, par. 9A-4)
    Sec. 9A-4. Participation.
    (a) Except for those exempted under subsection (b) below,
and to the extent resources permit, the Illinois Department as
a condition of eligibility for public aid, may, as provided by
rule, require all recipients to participate in an education,
training, and employment program, which shall include
accepting suitable employment and refraining from terminating
employment or reducing earnings without good cause.
    (b) Recipients shall be exempt from the requirement of
participation in the education, training, and employment
program in the following circumstances:
        (1) The recipient is a person over age 60; or
        (2) The recipient is a person with a child under age
    one.
    Recipients are entitled to request a reasonable
modification to the requirement of participation in the
education, training and employment program in order to
accommodate a qualified individual with a disability as defined
by the Americans with Disabilities Act. Requests for a
reasonable modification shall be evaluated on a case-by-case
functional basis by designated staff based on Department rule.
All such requests shall be monitored as part of the agency's
quality assurance process or processes to attest to the
expediency with which such requests are addressed.
Implementation of the changes made to this Section by this
amendatory Act of the 94th General Assembly is subject to
appropriation.
(Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.)
 
    Section 94. The Unified Code of Corrections is amended by
changing Sections 3-6-2, 3-7-2, 3-8-2, and 3-10-2 and by adding
Section 3-2-11 as follows:
 
    (730 ILCS 5/3-2-11 new)
    Sec. 3-2-11. Web link to Department of Public Health
information. On the Department's official Web site, the
Department shall provide a link to the information provided to
persons committed to the Department and those persons' family
members and friends by the Department of Public Health pursuant
to Section 2310-321 of the Department of Public Health Powers
and Duties Law of the Civil Administrative Code of Illinois.
Implementation of this Section is subject to appropriation.
 
    (730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
    Sec. 3-6-2. Institutions and Facility Administration.
    (a) Each institution and facility of the Department shall
be administered by a chief administrative officer appointed by
the Director. A chief administrative officer shall be
responsible for all persons assigned to the institution or
facility. The chief administrative officer shall administer
the programs of the Department for the custody and treatment of
such persons.
    (b) The chief administrative officer shall have such
assistants as the Department may assign.
    (c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the State,
subject to the acceptance of such receiving institution or
facility, or to designate any reasonably secure place in the
State as such an institution or facility and to make transfers
thereto. However, transfers made under emergency powers shall
be reviewed as soon as practicable under Article 8, and shall
be subject to Section 5-905 of the Juvenile Court Act of 1987.
This Section shall not apply to transfers to the Department of
Human Services which are provided for under Section 3-8-5 or
Section 3-10-5.
    (d) The Department shall provide educational programs for
all committed persons so that all persons have an opportunity
to attain the achievement level equivalent to the completion of
the twelfth grade in the public school system in this State.
Other higher levels of attainment shall be encouraged and
professional instruction shall be maintained wherever
possible. The Department may establish programs of mandatory
education and may establish rules and regulations for the
administration of such programs. A person committed to the
Department who, during the period of his or her incarceration,
participates in an educational program provided by or through
the Department and through that program is awarded or earns the
number of hours of credit required for the award of an
associate, baccalaureate, or higher degree from a community
college, college, or university located in Illinois shall
reimburse the State, through the Department, for the costs
incurred by the State in providing that person during his or
her incarceration with the education that qualifies him or her
for the award of that degree. The costs for which reimbursement
is required under this subsection shall be determined and
computed by the Department under rules and regulations that it
shall establish for that purpose. However, interest at the rate
of 6% per annum shall be charged on the balance of those costs
from time to time remaining unpaid, from the date of the
person's parole, mandatory supervised release, or release
constituting a final termination of his or her commitment to
the Department until paid.
    (d-5) A person committed to the Department is entitled to
confidential testing for infection with human immunodeficiency
virus (HIV) and to counseling in connection with such testing,
with no copay to the committed person. A person committed to
the Department who has tested positive for infection with HIV
is entitled to medical care while incarcerated, counseling, and
referrals to support services, in connection with that positive
test result. Implementation of this subsection (d-5) is subject
to appropriation.
    (e) A person committed to the Department who becomes in
need of medical or surgical treatment but is incapable of
giving consent thereto shall receive such medical or surgical
treatment by the chief administrative officer consenting on the
person's behalf. Before the chief administrative officer
consents, he or she shall obtain the advice of one or more
physicians licensed to practice medicine in all its branches in
this State. If such physician or physicians advise:
        (1) that immediate medical or surgical treatment is
    required relative to a condition threatening to cause
    death, damage or impairment to bodily functions, or
    disfigurement; and
        (2) that the person is not capable of giving consent to
    such treatment; the chief administrative officer may give
    consent for such medical or surgical treatment, and such
    consent shall be deemed to be the consent of the person for
    all purposes, including, but not limited to, the authority
    of a physician to give such treatment.
    (e-5) If a physician providing medical care to a committed
person on behalf of the Department advises the chief
administrative officer that the committed person's mental or
physical health has deteriorated as a result of the cessation
of ingestion of food or liquid to the point where medical or
surgical treatment is required to prevent death, damage, or
impairment to bodily functions, the chief administrative
officer may authorize such medical or surgical treatment.
    (f) In the event that the person requires medical care and
treatment at a place other than the institution or facility,
the person may be removed therefrom under conditions prescribed
by the Department. The Department shall require the committed
person receiving medical or dental services on a non-emergency
basis to pay a $2 co-payment to the Department for each visit
for medical or dental services. The amount of each co-payment
shall be deducted from the committed person's individual
account. A committed person who has a chronic illness, as
defined by Department rules and regulations, shall be exempt
from the $2 co-payment for treatment of the chronic illness. A
committed person shall not be subject to a $2 co-payment for
follow-up visits ordered by a physician, who is employed by, or
contracts with, the Department. A committed person who is
indigent is exempt from the $2 co-payment and is entitled to
receive medical or dental services on the same basis as a
committed person who is financially able to afford the
co-payment. Notwithstanding any other provision in this
subsection (f) to the contrary, any person committed to any
facility operated by the Juvenile Division, as set forth in
subsection (b) of Section 3-2-5 of this Code, is exempt from
the co-payment requirement for the duration of confinement in
those facilities.
    (g) Any person having sole custody of a child at the time
of commitment or any woman giving birth to a child after her
commitment, may arrange through the Department of Children and
Family Services for suitable placement of the child outside of
the Department of Corrections. The Director of the Department
of Corrections may determine that there are special reasons why
the child should continue in the custody of the mother until
the child is 6 years old.
    (h) The Department may provide Family Responsibility
Services which may consist of, but not be limited to the
following:
        (1) family advocacy counseling;
        (2) parent self-help group;
        (3) parenting skills training;
        (4) parent and child overnight program;
        (5) parent and child reunification counseling, either
    separately or together, preceding the inmate's release;
    and
        (6) a prerelease reunification staffing involving the
    family advocate, the inmate and the child's counselor, or
    both and the inmate.
    (i) Prior to the release of any inmate who has a documented
history of intravenous drug use, and upon the receipt of that
inmate's written informed consent, the Department shall
provide for the testing of such inmate for infection with human
immunodeficiency virus (HIV) and any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
The testing provided under this subsection shall consist of an
enzyme-linked immunosorbent assay (ELISA) test or such other
test as may be approved by the Illinois Department of Public
Health. If the test result is positive, the Western Blot Assay
or more reliable confirmatory test shall be administered. All
inmates tested in accordance with the provisions of this
subsection shall be provided with pre-test and post-test
counseling. Notwithstanding any provision of this subsection
to the contrary, the Department shall not be required to
conduct the testing and counseling required by this subsection
unless sufficient funds to cover all costs of such testing and
counseling are appropriated for that purpose by the General
Assembly.
    (j) Any person convicted of a sex offense as defined in the
Sex Offender Management Board Act shall be required to receive
a sex offender evaluation prior to release into the community
from the Department of Corrections. The sex offender evaluation
shall be conducted in conformance with the standards and
guidelines developed under the Sex Offender Management Board
Act and by an evaluator approved by the Board.
    (k) Any minor committed to the Department of
Corrections-Juvenile Division for a sex offense as defined by
the Sex Offender Management Board Act shall be required to
undergo sex offender treatment by a treatment provider approved
by the Board and conducted in conformance with the Sex Offender
Management Board Act.
    (l) Prior to the release of any inmate, the Department must
provide the inmate with the option of testing for infection
with human immunodeficiency virus (HIV), as well as counseling
in connection with such testing, with no copayment for the
test. At the same time, the Department shall require each such
inmate to sign a form stating that the inmate has been informed
of his or her rights with respect to the testing required to be
offered under this subsection (l) and providing the inmate with
an opportunity to indicate either that he or she wants to be
tested or that he or she does not want to be tested. The
Department, in consultation with the Department of Public
Health, shall prescribe the contents of the form. The testing
provided under this subsection (l) shall consist of an
enzyme-linked immunosorbent assay (ELISA) test or any other
test approved by the Department of Public Health. If the test
result is positive, the Western Blot Assay or more reliable
confirmatory test shall be administered.
    Prior to the release of an inmate who the Department knows
has tested positive for infection with HIV, the Department in a
timely manner shall offer the inmate transitional case
management, including referrals to other support services.
    Implementation of this subsection (l) is subject to
appropriation.
(Source: P.A. 92-292, eff. 8-9-01; 93-616, eff. 1-1-04; 93-928,
eff. 1-1-05.)
 
    (730 ILCS 5/3-7-2)  (from Ch. 38, par. 1003-7-2)
    Sec. 3-7-2. Facilities.
    (a) All institutions and facilities of the Department shall
provide every committed person with access to toilet
facilities, barber facilities, bathing facilities at least
once each week, a library of legal materials and published
materials including newspapers and magazines approved by the
Director. A committed person may not receive any materials that
the Director deems pornographic.
    (b) (Blank).
    (c) All institutions and facilities of the Department shall
provide facilities for every committed person to leave his cell
for at least one hour each day unless the chief administrative
officer determines that it would be harmful or dangerous to the
security or safety of the institution or facility.
    (d) All institutions and facilities of the Department shall
provide every committed person with a wholesome and nutritional
diet at regularly scheduled hours, drinking water, clothing
adequate for the season, bedding, soap and towels and medical
and dental care.
    (e) All institutions and facilities of the Department shall
permit every committed person to send and receive an unlimited
number of uncensored letters, provided, however, that the
Director may order that mail be inspected and read for reasons
of the security, safety or morale of the institution or
facility.
    (f) All of the institutions and facilities of the
Department shall permit every committed person to receive
visitors, except in case of abuse of the visiting privilege or
when the chief administrative officer determines that such
visiting would be harmful or dangerous to the security, safety
or morale of the institution or facility. The chief
administrative officer shall have the right to restrict
visitation to non-contact visits for reasons of safety,
security, and order, including, but not limited to, restricting
contact visits for committed persons engaged in gang activity.
No committed person in a super maximum security facility or on
disciplinary segregation is allowed contact visits. Any
committed person found in possession of illegal drugs or who
fails a drug test shall not be permitted contact visits for a
period of at least 6 months. Any committed person involved in
gang activities or found guilty of assault committed against a
Department employee shall not be permitted contact visits for a
period of at least 6 months. The Department shall offer every
visitor appropriate written information concerning HIV and
AIDS, including information concerning how to contact the
Illinois Department of Public Health for counseling
information. The Department shall develop the written
materials in consultation with the Department of Public Health.
The Department shall ensure that all such information and
materials are culturally sensitive and reflect cultural
diversity as appropriate. Implementation of the changes made to
this Section by this amendatory Act of the 94th General
Assembly is subject to appropriation.
    (g) All institutions and facilities of the Department shall
permit religious ministrations and sacraments to be available
to every committed person, but attendance at religious services
shall not be required.
    (h) Within 90 days after December 31, 1996, the Department
shall prohibit the use of curtains, cell-coverings, or any
other matter or object that obstructs or otherwise impairs the
line of vision into a committed person's cell.
(Source: P.A. 90-14, eff. 7-1-97; 91-912, eff. 7-7-00.)
 
    (730 ILCS 5/3-8-2)  (from Ch. 38, par. 1003-8-2)
    Sec. 3-8-2. Social Evaluation; physical examination;
HIV/AIDS. (a) A social evaluation shall be made of a committed
person's medical, psychological, educational and vocational
condition and history, including the use of alcohol and other
drugs, the circumstances of his offense, and such other
information as the Department may determine. The committed
person shall be assigned to an institution or facility in so
far as practicable in accordance with the social evaluation.
Recommendations shall be made for medical, dental,
psychiatric, psychological and social service treatment.
    (b) A record of the social evaluation shall be entered in
the committed person's master record file and shall be
forwarded to the institution or facility to which the person is
assigned.
    (c) Upon admission to a correctional institution each
committed person shall be given a physical examination. If he
is suspected of having a communicable disease that in the
judgment of the Department medical personnel requires medical
isolation, the committed person shall remain in medical
isolation until it is no longer deemed medically necessary.
    (d) Upon arrival at an inmate's final destination, the
Department must provide the committed person with appropriate
written information and counseling concerning HIV and AIDS. The
Department shall develop the written materials in consultation
with the Department of Public Health. At the same time, the
Department also must offer the committed person the option of
being tested, with no copayment, for infection with human
immunodeficiency virus (HIV). The Department shall require
each committed person to sign a form stating that the committed
person has been informed of his or her rights with respect to
the testing required to be offered under this subsection (d)
and providing the committed person with an opportunity to
indicate either that he or she wants to be tested or that he or
she does not want to be tested. The Department, in consultation
with the Department of Public Health, shall prescribe the
contents of the form. The testing provided under this
subsection (d) shall consist of an enzyme-linked immunosorbent
assay (ELISA) test or any other test approved by the Department
of Public Health. If the test result is positive, the Western
Blot Assay or more reliable confirmatory test shall be
administered. Implementation of this subsection (d) is subject
to appropriation.
(Source: P.A. 87-1256.)
 
    (730 ILCS 5/3-10-2)  (from Ch. 38, par. 1003-10-2)
    Sec. 3-10-2. Examination of Persons Committed to the
Juvenile Division.
    (a) A person committed to the Juvenile Division shall be
examined in regard to his medical, psychological, social,
educational and vocational condition and history, including
the use of alcohol and other drugs, the circumstances of his
offense and any other information as the Department may
determine.
    (a-5) Upon admission of a person committed to the Juvenile
Division, the Department must provide the person with
appropriate written information and counseling concerning HIV
and AIDS. The Department shall develop the written materials in
consultation with the Department of Public Health. At the same
time, the Department also must offer the person the option of
being tested, at no charge to the person, for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
The Department shall require each person committed to the
Juvenile Division to sign a form stating that the person has
been informed of his or her rights with respect to the testing
required to be offered under this subsection (a-5) and
providing the person with an opportunity to indicate either
that he or she wants to be tested or that he or she does not
want to be tested. The Department, in consultation with the
Department of Public Health, shall prescribe the contents of
the form. The testing provided under this subsection (a-5)
shall consist of an enzyme-linked immunosorbent assay (ELISA)
test or any other test approved by the Department of Public
Health. If the test result is positive, the Western Blot Assay
or more reliable confirmatory test shall be administered.
    Also upon admission of a person committed to the Juvenile
Division, the Department must inform the person of the
Department's obligation to provide the person with medical
care.
    Implementation of this subsection (a-5) is subject to
appropriation.
    (b) Based on its examination, the Department may exercise
the following powers in developing a treatment program of any
person committed to the Juvenile Division:
        (1) Require participation by him in vocational,
    physical, educational and corrective training and
    activities to return him to the community.
        (2) Place him in any institution or facility of the
    Juvenile Division.
        (3) Order replacement or referral to the Parole and
    Pardon Board as often as it deems desirable. The Department
    shall refer the person to the Parole and Pardon Board as
    required under Section 3-3-4.
        (4) Enter into agreements with the Secretary of Human
    Services and the Director of Children and Family Services,
    with courts having probation officers, and with private
    agencies or institutions for separate care or special
    treatment of persons subject to the control of the
    Department.
    (c) The Department shall make periodic reexamination of all
persons under the control of the Juvenile Division to determine
whether existing orders in individual cases should be modified
or continued. This examination shall be made with respect to
every person at least once annually.
    (d) A record of the treatment decision including any
modification thereof and the reason therefor, shall be part of
the committed person's master record file.
    (e) The Department shall by certified mail, return receipt
requested, notify the parent, guardian or nearest relative of
any person committed to the Juvenile Division of his physical
location and any change thereof.
(Source: P.A. 89-507, eff. 7-1-97.)
 
    Section 95. The County Jail Act is amended by adding
Section 17.10 as follows:
 
    (730 ILCS 125/17.10 new)
    Sec. 17.10. Requirements in connection with HIV/AIDS.
    (a) In each county other than Cook, during the medical
admissions exam, the warden of the jail, a correctional officer
at the jail, or a member of the jail medical staff must provide
the prisoner with appropriate written information concerning
human immunodeficiency virus (HIV) and acquired
immunodeficiency syndrome (AIDS). The Department of Public
Health and community-based organizations certified to provide
HIV/AIDS testing must provide these informational materials to
the warden at no cost to the county. The warden, a correctional
officer, or a member of the jail medical staff must inform the
prisoner of the option of being tested for infection with HIV
by a certified local community-based agency or other available
medical provider at no charge to the prisoner.
    (b) In Cook County, during the medical admissions exam, an
employee of the Cook County Bureau of Health Services must
provide the prisoner with appropriate written information
concerning human immunodeficiency virus (HIV) and acquired
immunodeficiency syndrome (AIDS) and must also provide the
prisoner with option of testing for infection with HIV or any
other identified causative agent of AIDS, as well as counseling
in connection with such testing. The Department of Public
Health and community-based organizations certified to provide
HIV/AIDS testing must provide these informational materials to
the Bureau at no cost to the county. The testing provided under
this subsection (b) shall be conducted by the Cook County
Bureau of Health Services and shall consist of an enzyme-linked
immunosorbent assay (ELISA) test or any other test approved by
the Department of Public Health. If the test result is
positive, the Western Blot Assay or more reliable confirmatory
test shall be administered.
    (c) In each county, the warden of the jail must make
appropriate written information concerning HIV/AIDS available
to every visitor to the jail. This information must include
information concerning persons or entities to contact for local
counseling and testing. The Department of Public Health and
community-based organizations certified to provide HIV/AIDS
testing must provide these informational materials to the
warden at no cost to the office of the county sheriff.
    (d) Implementation of this Section is subject to
appropriation.
 
    Section 99. Effective date. This Act takes effect January
1, 2006.