Public Act 097-0323
 
HB1748 EnrolledLRB097 08873 RLC 50843 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Sections 3-6-2, 3-8-2, and 3-10-2 as follows:
 
    (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 Department of Juvenile Justice, as set
forth in Section 3-2.5-15 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) (Blank). 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 Juvenile
Justice 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 committed to a
facility of the Department or the Department of Juvenile
Justice, the Department must provide the inmate with
appropriate information verbally, in writing, by video, or
other electronic means, concerning HIV and AIDS. The Department
shall develop the informational materials in consultation with
the Department of Public Health. At the same time, the
Department must also offer the committed person 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. Pre-test information shall be provided
to the committed person and informed consent obtained as
required in subsection (d) of Section 3 and Section 5 of the
AIDS Confidentiality Act. The Department may conduct opt-out
HIV testing as defined in Section 4 of the AIDS Confidentiality
Act. If the Department conducts opt-out HIV testing, the
Department shall place signs in English, Spanish and other
languages as needed in multiple, highly visible locations in
the area where HIV testing is conducted informing inmates that
they will be tested for HIV unless they refuse, and refusal or
acceptance of testing shall be documented in the inmate's
medical record. The Department shall follow procedures
established by the Department of Public Health to conduct HIV
testing and testing to confirm positive HIV test results. All
testing must be conducted by medical personnel, but pre-test
and other information may be provided by committed persons who
have received appropriate training. The Department, in
conjunction with the Department of Public Health, shall develop
a plan that complies with the AIDS Confidentiality Act to
deliver confidentially all positive or negative HIV test
results to inmates or former inmates. Nothing in this Section
shall require the Department to offer HIV testing to an inmate
who is known to be infected with HIV, or who has been tested
for HIV within the previous 180 days and whose documented HIV
test result is available to the Department electronically. 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.
    (m) The chief administrative officer of each institution or
facility of the Department shall make a room in the institution
or facility available for addiction recovery services to be
provided to committed persons on a voluntary basis. The
services shall be provided for one hour once a week at a time
specified by the chief administrative officer of the
institution or facility if the following conditions are met:
        (1) the addiction recovery service contacts the chief
    administrative officer to arrange the meeting;
        (2) the committed person may attend the meeting for
    addiction recovery services only if the committed person
    uses pre-existing free time already available to the
    committed person;
        (3) all disciplinary and other rules of the institution
    or facility remain in effect;
        (4) the committed person is not given any additional
    privileges to attend addiction recovery services;
        (5) if the addiction recovery service does not arrange
    for scheduling a meeting for that week, no addiction
    recovery services shall be provided to the committed person
    in the institution or facility for that week;
        (6) the number of committed persons who may attend an
    addiction recovery meeting shall not exceed 40 during any
    session held at the correctional institution or facility;
        (7) a volunteer seeking to provide addiction recovery
    services under this subsection (m) must submit an
    application to the Department of Corrections under
    existing Department rules and the Department must review
    the application within 60 days after submission of the
    application to the Department; and
        (8) each institution and facility of the Department
    shall manage the addiction recovery services program
    according to its own processes and procedures.
    For the purposes of this subsection (m), "addiction
recovery services" means recovery services for alcoholics and
addicts provided by volunteers of recovery support services
recognized by the Department of Human Services.
(Source: P.A. 96-284, eff. 1-1-10.)
 
    (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 a reception and classification center
or an inmate's final destination, the Department must provide
the committed person with appropriate information in writing,
verbally, by video or other electronic means written
information and counseling concerning HIV and AIDS. The
Department shall develop the informational 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). Pre-test information
shall be provided to the committed person and informed consent
obtained as required in subsection (d) of Section 3 and Section
5 of the AIDS Confidentiality Act. The Department may conduct
opt-out HIV testing as defined in Section 4 of the AIDS
Confidentiality Act. If the Department conducts opt-out HIV
testing, the Department shall place signs in English, Spanish
and other languages as needed in multiple, highly visible
locations in the area where HIV testing is conducted informing
inmates that they will be tested for HIV unless they refuse,
and refusal or acceptance of testing shall be documented in the
inmate's medical record. The Department shall follow
procedures established by the Department of Public Health to
conduct HIV testing and testing to confirm positive HIV test
results. All testing must be conducted by medical personnel,
but pre-test and other information may be provided by committed
persons who have received appropriate training. The
Department, in conjunction with the Department of Public
Health, shall develop a plan that complies with the AIDS
Confidentiality Act to deliver confidentially all positive or
negative HIV test results to inmates or former inmates. Nothing
in this Section shall require the Department to offer HIV
testing to an inmate who is known to be infected with HIV, or
who has been tested for HIV within the previous 180 days and
whose documented HIV test result is available to the Department
electronically. 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. 94-629, eff. 1-1-06.)
 
    (730 ILCS 5/3-10-2)  (from Ch. 38, par. 1003-10-2)
    Sec. 3-10-2. Examination of Persons Committed to the
Department of Juvenile Justice.
    (a) A person committed to the Department of Juvenile
Justice 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 of Juvenile Justice may determine.
    (a-5) Upon admission of a person committed to the
Department of Juvenile Justice, the Department of Juvenile
Justice must provide the person with appropriate information
written information and counseling concerning HIV and AIDS in
writing, verbally, or by video or other electronic means. The
Department of Juvenile Justice shall develop the informational
written materials in consultation with the Department of Public
Health. At the same time, the Department of Juvenile Justice
also must offer the person the option of being tested, at no
charge to the person, for infection with human immunodeficiency
virus (HIV). Pre-test information shall be provided to the
committed person and informed consent obtained as required in
subsection (d) of Section 3 and Section 5 of the AIDS
Confidentiality Act. The Department of Juvenile Justice may
conduct opt-out HIV testing as defined in Section 4 of the AIDS
Confidentiality Act. If the Department conducts opt-out HIV
testing, the Department shall place signs in English, Spanish
and other languages as needed in multiple, highly visible
locations in the area where HIV testing is conducted informing
inmates that they will be tested for HIV unless they refuse,
and refusal or acceptance of testing shall be documented in the
inmate's medical record. The Department shall follow
procedures established by the Department of Public Health to
conduct HIV testing and testing to confirm positive HIV test
results. All testing must be conducted by medical personnel,
but pre-test and other information may be provided by committed
persons who have received appropriate training. The
Department, in conjunction with the Department of Public
Health, shall develop a plan that complies with the AIDS
Confidentiality Act to deliver confidentially all positive or
negative HIV test results to inmates or former inmates. Nothing
in this Section shall require the Department to offer HIV
testing to an inmate who is known to be infected with HIV, or
who has been tested for HIV within the previous 180 days and
whose documented HIV test result is available to the Department
electronically. or any other identified causative agent of
acquired immunodeficiency syndrome (AIDS). The Department of
Juvenile Justice shall require each person committed to the
Department of Juvenile Justice 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 of Juvenile Justice, 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 Department
of Juvenile Justice, the Department of Juvenile Justice 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 of Juvenile
Justice may exercise the following powers in developing a
treatment program of any person committed to the Department of
Juvenile Justice:
        (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
    Department of Juvenile Justice.
        (3) Order replacement or referral to the Parole and
    Pardon Board as often as it deems desirable. The Department
    of Juvenile Justice 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 of Juvenile Justice.
    (c) The Department of Juvenile Justice shall make periodic
reexamination of all persons under the control of the
Department of Juvenile Justice 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 of Juvenile Justice shall by certified
mail, return receipt requested, notify the parent, guardian or
nearest relative of any person committed to the Department of
Juvenile Justice of his physical location and any change
thereof.
(Source: P.A. 94-629, eff. 1-1-06; 94-696, eff. 6-1-06.)
 
    Section 10. The County Jail Act is amended by changing
Section 17.10 as follows:
 
    (730 ILCS 125/17.10)
    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 Health & Hospitals System Bureau of
Health Services must provide the prisoner with appropriate
written information in writing, verbally or by video or other
electronic means 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 Cook County
Health & Hospitals System may provide the inmate with opt-out
human immunodeficiency virus (HIV) testing, as defined in
Section 4 of the AIDS Confidentiality Act, unless the inmate
refuses. If opt-out HIV testing is conducted, the Cook County
Health & Hospitals System shall place signs in English,
Spanish, and other languages as needed in multiple, highly
visible locations in the area where HIV testing is conducted
informing inmates that they will be tested for HIV unless they
refuse, and refusal or acceptance of testing shall be
documented in the inmate's medical record. Pre-test
information shall be provided to the inmate and informed
consent obtained from the inmate as required in subsection (d)
of Section 3 and Section 5 of the AIDS Confidentiality Act. The
Cook County Health & Hospitals System shall follow procedures
established by the Department of Public Health to conduct HIV
testing and testing to confirm positive HIV test results. All
aspects of HIV testing shall comply with the requirements of
the AIDS Confidentiality Act, including delivery of test
results, as determined by the Cook County Health & Hospitals
System in consultation with the Illinois Department of Public
Health. Nothing in this Section shall require the Cook County
Health & Hospitals System to offer HIV testing to inmates who
are known to be infected with HIV. The Department of Public
Health and community-based organizations certified to provide
HIV/AIDS testing may 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.
(Source: P.A. 94-629, eff. 1-1-06.)
 
    Section 99. Effective date. This Act takes effect August 1,
2011.