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Public Act 100-1051 | ||||
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AN ACT concerning regulation.
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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 1. Short title. This Act may be cited as the Health | ||||
Care Violence Prevention Act. | ||||
Section 5. Definitions. As used in this Act: | ||||
"Committed person" means a person who is in the custody of | ||||
or under the control of a custodial agency, including, but not | ||||
limited to, a person who is incarcerated, under arrest, | ||||
detained, or otherwise under the physical control of a | ||||
custodial agency. | ||||
"Custodial agency" means the Illinois Department of | ||||
Corrections, the Illinois State Police, the sheriff of a | ||||
county, a county jail, a correctional institution, or any other | ||||
State agency, municipality, or unit of local government that | ||||
employs personnel designated as police, peace officers, | ||||
wardens, corrections officers, or guards or that employs | ||||
personnel vested by law with the power to place or maintain a | ||||
person in custody. | ||||
"Health care provider" means a retail health care facility, | ||||
a hospital subject to the Hospital Licensing Act or the | ||||
University of Illinois Hospital Act, or a veterans home as | ||||
defined in the Department of Veterans' Affairs Act. |
"Health care worker" means nursing assistants and other | ||
support personnel, any individual licensed under the laws of | ||
this State to provide health services, including but not | ||
limited to: dentists licensed under the Illinois Dental | ||
Practice Act; dental hygienists licensed under the Illinois | ||
Dental Practice Act; nurses and advanced practice registered | ||
nurses licensed under the Nurse Practice Act; occupational | ||
therapists licensed under the Illinois Occupational Therapy | ||
Practice Act; optometrists licensed under the Illinois | ||
Optometric Practice Act of 1987; pharmacists licensed under the | ||
Pharmacy Practice Act; physical therapists licensed under the | ||
Illinois Physical Therapy Act; physicians licensed under the | ||
Medical Practice Act of 1987; physician assistants licensed | ||
under the Physician Assistant Practice Act of 1987; podiatric | ||
physicians licensed under the Podiatric Medical Practice Act of | ||
1987; clinical psychologists licensed under the Clinical | ||
Psychologist Licensing Act; clinical social workers licensed | ||
under the Clinical Social Work and Social Work Practice Act; | ||
speech-language pathologists and audiologists licensed under | ||
the Illinois Speech-Language Pathology and Audiology Practice | ||
Act; or hearing instrument dispensers licensed under the | ||
Hearing Instrument Consumer Protection Act, or any of their | ||
successor Acts. | ||
"Nurse" means a person who is licensed to practice nursing | ||
under the Nurse Practice Act. | ||
"Retail health care facility" means an institution, place, |
or building, or any portion thereof, that: | ||
(1) is devoted to the maintenance and operation of a | ||
facility for the performance of health care services and is | ||
located within a retail store at a specific location; | ||
(2) does not provide surgical services or any form of | ||
general anesthesia; | ||
(3) does not provide beds or other accommodations for | ||
either the long-term or overnight stay of patients; and | ||
(4) discharges individual patients in an ambulatory | ||
condition without danger to the continued well-being of the | ||
patients and transfers non-ambulatory patients to | ||
hospitals. | ||
"Retail health care facility" does not include hospitals, | ||
long-term care facilities, ambulatory treatment centers, blood | ||
banks, clinical laboratories, offices of physicians, advanced | ||
practice registered nurses, podiatrists, and physician | ||
assistants, and pharmacies that provide limited health care | ||
services. | ||
Section 10. Application. This Act applies to health care | ||
providers and custodial agencies as defined in Section 5. | ||
This Act does not apply to an owner of an institution, | ||
place, building, or any portion of the institution, place, or | ||
building, who directly or indirectly leases space that is used | ||
by the lessee to operate a retail health care facility. |
Section 15. Workplace safety. | ||
(a) A health care worker who contacts law enforcement or | ||
files a report with law enforcement against a patient or | ||
individual because of workplace violence shall provide notice | ||
to management of the health care provider by which he or she is | ||
employed within 3 days after contacting law enforcement or | ||
filing the report. | ||
(b) No management of a health care provider may discourage | ||
a health care worker from exercising his or her right to | ||
contact law enforcement or file a report with law enforcement | ||
because of workplace violence. | ||
(c) A health care provider that employs a health care | ||
worker shall display a notice stating that verbal aggression | ||
will not be tolerated and physical assault will be reported to | ||
law enforcement. | ||
(d) The health care provider shall offer immediate | ||
post-incident services for a health care worker directly | ||
involved in a workplace violence incident caused by patients or | ||
their visitors, including acute treatment and access to | ||
psychological evaluation. | ||
Section 20. Workplace violence prevention program. | ||
(a) A health care provider shall create a workplace | ||
violence prevention program that complies with the | ||
Occupational Safety and Health Administration guidelines for | ||
preventing workplace violence for health care and social |
service workers as amended or updated by the Occupational | ||
Safety and Health Administration. | ||
(a-5) In addition, the workplace violence prevention | ||
program shall include: | ||
(1) the following classifications of workplace | ||
violence as one of 4 possible types:
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(A) "Type 1 violence" means workplace violence | ||
committed by a person who has no legitimate business at | ||
the work site and includes violent acts by anyone who | ||
enters the workplace with the intent to commit a crime.
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(B) "Type 2 violence" means workplace violence | ||
directed at employees by customers, clients, patients, | ||
students, inmates, visitors, or other individuals | ||
accompanying a patient.
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(C) "Type 3 violence" means workplace violence | ||
against an employee by a present or former employee, | ||
supervisor, or manager.
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(D) "Type 4 violence" means workplace violence | ||
committed in the workplace by someone who does not work | ||
there, but has or is known to have had a personal | ||
relationship with an employee.
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(2) management commitment and worker participation, | ||
including, but not limited to, nurses;
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(3) worksite analysis and identification of potential | ||
hazards;
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(4) hazard prevention and control;
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(5) safety and health training with required hours | ||
determined by rule; and
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(6) recordkeeping and evaluation of the violence | ||
prevention program. | ||
(b) The Department of Public Health may by rule adopt | ||
additional criteria for workplace violence prevention | ||
programs. | ||
Section 25. Whistleblower protection. The Whistleblower | ||
Act applies to health care providers and their employees with | ||
respect to actions taken to implement or enforce compliance | ||
with this Act.
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Section 30. Medical care for committed persons.
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(a) If a committed person receives medical care and | ||
treatment at a place other than an institution or facility of | ||
the Department of Corrections, a county, or a municipality, | ||
then the institution or facility shall:
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(1) to the greatest extent practicable, notify the | ||
hospital or medical facility that is treating the committed | ||
person prior to the committed person's visit and notify the | ||
hospital or medical facility of any significant medical, | ||
mental health, recent violent actions, or other safety | ||
concerns regarding the patient;
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(2) to the greatest extent practicable, ensure the | ||
transferred committed person is accompanied by the most |
comprehensive medical records possible;
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(3) provide at least one guard trained in custodial | ||
escort and custody of high-risk committed persons to | ||
accompany any committed person. The custodial agency shall | ||
attest to such training for custodial escort and custody of | ||
high-risk committed persons through: (A) the training of | ||
the Department of Corrections or Department of Juvenile | ||
Justice; (B) law enforcement training that is | ||
substantially equivalent to the training of the Department | ||
of Corrections or Department of Juvenile Justice; or (C) | ||
the training described in Section 35. Under no | ||
circumstances may leg irons or shackles or waist shackles | ||
be used on any pregnant female prisoner who is in labor. In | ||
addition, restraint of a pregnant female prisoner in the | ||
custody of the Cook County shall comply with Section | ||
3-15003.6 of the Counties Code. Additionally, restraints | ||
shall not be used on a committed person if medical | ||
personnel determine that the restraints would impede | ||
medical treatment; and | ||
(4) ensure that only medical personnel, Department of | ||
Corrections, county, or municipality personnel, and | ||
visitors on the committed person's approved institutional | ||
visitors list may visit the committed person. Visitation by | ||
a person on the committed person's approved institutional | ||
visitors list shall be subject to the rules and procedures | ||
of the hospital or medical facility and the Department of |
Corrections, county, or municipality. In any situation in | ||
which a committed person is being visited: | ||
(A) the name of the visitor must be listed per the | ||
facility's or institution's documentation; | ||
(B) the visitor shall submit to the search of his | ||
or her person or any personal property under his or her | ||
control at any time; and | ||
(C) the custodial agency may deny the committed | ||
person access to a telephone or limit the number of | ||
visitors the committed person may receive for purposes | ||
of safety. | ||
If a committed person receives medical care and treatment | ||
at a place other than an institution or facility of the | ||
Department of Corrections, county, or municipality, then the | ||
custodial agency shall ensure that the committed person is | ||
wearing security restraints in accordance with the custodial | ||
agency's rules and procedures if the custodial agency | ||
determines that restraints are necessary for the following | ||
reasons: (i) to prevent physical harm to the committed person | ||
or another person; (ii) because the committed person has a | ||
history of disruptive behavior that has placed others in | ||
potentially harmful situations or presents a substantial risk | ||
of inflicting physical harm on himself or herself or others as | ||
evidenced by recent behavior; or (iii) there is a well-founded | ||
belief that the committed person presents a substantial risk of | ||
flight. Under no circumstances may leg irons or shackles or |
waist shackles be used on any pregnant female prisoner who is | ||
in labor. In addition, restraint of a pregnant female prisoner | ||
in the custody of the Cook County shall comply with Section | ||
3-15003.6 of the Counties Code. | ||
The hospital or medical facility may establish protocols | ||
for the receipt of committed persons in collaboration with the | ||
Department of Corrections, county, or municipality, | ||
specifically with regard to potentially violent persons.
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(b) If a committed person receives medical care and | ||
treatment at a place other than an institution or facility of | ||
the Department of Juvenile Justice, then the institution or | ||
facility shall:
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(1) to the greatest extent practicable, notify the | ||
hospital or medical facility that is treating the committed | ||
person prior to the committed person's visit, and notify | ||
the hospital or medical facility of any significant | ||
medical, mental health, recent violent actions, or other | ||
safety concerns regarding the patient;
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(2) to the greatest extent practicable, ensure the | ||
transferred committed person is accompanied by the most | ||
comprehensive medical records possible;
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(3) provide: (A) at least one guard trained in | ||
custodial escort and custody of high-risk committed | ||
persons to accompany any committed person. The custodial | ||
agency shall attest to such training for custodial escort | ||
and custody of high-risk committed persons through: (i) the |
training of the Department of Corrections or Department of | ||
Juvenile Justice, (ii) law enforcement training that is | ||
substantially equivalent to the training of the Department | ||
of Corrections or Department of Juvenile Justice, or (iii) | ||
the training described in Section 35; or (B) 2 guards to | ||
accompany the committed person at all times during the | ||
visit to the hospital or medical facility; and
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(4) ensure that only medical personnel, Department of | ||
Juvenile Justice personnel, and visitors on the committed | ||
person's approved institutional visitors list may visit | ||
the committed person. Visitation by a person on the | ||
committed person's approved institutional visitors list | ||
shall be subject to the rules and procedures of the | ||
hospital or medical facility and the Department of Juvenile | ||
Justice. In any situation in which a committed person is | ||
being visited:
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(A) the name of the visitor must be listed per the | ||
facility's or institution's documentation;
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(B) the visitor shall submit to the search of his | ||
or her person or any personal property under his or her | ||
control at any time;
and | ||
(C) the custodial agency may deny the committed | ||
person access to a telephone or limit the number of | ||
visitors the committed person may receive for purposes | ||
of safety. | ||
If a committed person receives medical care and treatment |
at a place other than an institution or facility of the | ||
Department of Juvenile Justice, then the Department of Juvenile | ||
Justice shall ensure that the committed person is wearing | ||
security restraints on either his or her wrists or ankles in | ||
accordance with the rules and procedures of the Department of | ||
Juvenile Justice if the Department of Juvenile Justice | ||
determines that restraints are necessary for the following | ||
reasons: (i) to prevent physical harm to the committed person | ||
or another person; (ii) because the committed person has a | ||
history of disruptive behavior that has placed others in | ||
potentially harmful situations or presents a substantial risk | ||
of inflicting physical harm on himself or herself or others as | ||
evidenced by recent behavior; or (iii) there is a well-founded | ||
belief that the committed person presents a substantial risk of | ||
flight. Any restraints used on a committed person under this | ||
paragraph shall be the least restrictive restraints necessary | ||
to prevent flight or physical harm to the committed person or | ||
another person. Restraints shall not be used on the committed | ||
person as provided in this paragraph if medical personnel | ||
determine that the restraints would impede medical treatment. | ||
Under no circumstances may leg irons or shackles or waist | ||
shackles be used on any pregnant female prisoner who is in | ||
labor. In addition, restraint of a pregnant female prisoner in | ||
the custody of the Cook County shall comply with Section | ||
3-15003.6 of the Counties Code. | ||
The hospital or medical facility may establish protocols |
for the receipt of committed persons in collaboration with the | ||
Department of Juvenile Justice, specifically with regard to | ||
persons recently exhibiting violence. | ||
Section 35. Custodial agency training. The Illinois Law | ||
Enforcement Training Standards Board shall establish a | ||
curriculum for custodial escort and custody of high-risk | ||
committed persons certification, which shall include, but not | ||
be limited to, the following:
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(1) handcuffing or shackling of a high-risk committed | ||
person;
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(2) mobile transportation of a committed person with | ||
defense from the committed person's attack;
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(3) outside facility threat assessment; | ||
(4) hands-on weapons retention training; and | ||
(5) custodial considerations for a high-risk committed | ||
person in outside facilities. | ||
Section 90. The State Police Act is amended by adding | ||
Section 45 as follows: | ||
(20 ILCS 2610/45 new) | ||
Sec. 45. Compliance with the Health Care Violence | ||
Prevention Act. The Department shall comply with the Health | ||
Care Violence Prevention Act. |
Section 95. The Department of Veterans' Affairs Act is | ||
amended by changing Section 2.07 as follows:
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(20 ILCS 2805/2.07) (from Ch. 126 1/2, par. 67.07)
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Sec. 2.07. The Department shall employ and maintain | ||
sufficient and
qualified staff at the veterans' homes (i) to | ||
fill all beds, subject to appropriation, and (ii) to
fulfill | ||
the requirements of this Act. The Department shall report to
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the General Assembly, by January 1 and July 1 of each year, the | ||
number of
staff employed in providing direct patient care at | ||
their veterans' homes,
the compliance or noncompliance with | ||
staffing standards established by the
United States Department | ||
of Veterans Affairs for
such care, and in the event of
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noncompliance with such standards, the number of staff required | ||
for compliance. For purposes of this Section, a nurse who has a | ||
license application pending with the State shall not be deemed | ||
unqualified by the Department if the nurse is in compliance | ||
with Section 50-15 of the Nurse Practice Act.
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A veterans home is subject to the Health Care Violence | ||
Prevention Act. | ||
(Source: P.A. 96-699, eff. 8-25-09; 97-297, eff. 1-1-12.)
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Section 100. The University of Illinois Hospital Act is | ||
amended by adding Section 10 as follows: | ||
(110 ILCS 330/10 new) |
Sec. 10. Compliance with the Health Care Violence | ||
Prevention Act. The University of Illinois Hospital shall | ||
comply with the Health Care Violence Prevention Act. | ||
Section 105. The Hospital Licensing Act is amended by | ||
adding Section 9.8 as follows: | ||
(210 ILCS 85/9.8 new) | ||
Sec. 9.8. Compliance with the Health Care Violence | ||
Prevention Act. A hospital licensed under this Act shall comply | ||
with the Health Care Violence Prevention Act. | ||
Section 110. The Unified Code of Corrections is amended by | ||
changing Section 3-6-2 as follows: | ||
(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | ||
Sec. 3-6-2. Institutions and Facility Administration.
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(a) Each institution and facility of the Department shall | ||
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 | ||
such persons.
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(b) The chief administrative officer shall have such | ||
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. | ||
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 | ||
Section 3-10-5.
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(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
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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 | ||
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
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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
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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.
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(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.
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(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:
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(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
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(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.
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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 | ||
person receiving medical or dental
services on a non-emergency | ||
basis to pay a $5 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 $5 co-payment for treatment of the
chronic illness. A | ||
committed person shall not be subject to a $5 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
$5 co-payment
and is entitled to | ||
receive medical or dental services on the same basis as a
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committed person who is financially able to afford the | ||
co-payment.
For purposes of this Section only, "indigent" means | ||
a committed person who has $20 or less in his or her Inmate | ||
Trust Fund at the time of such services and for the 30 days | ||
prior to such services. 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
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co-payment requirement for the duration of confinement in those | ||
facilities.
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(f-5) The Department shall comply with the Health Care | ||
Violence Prevention Act. | ||
(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
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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 | ||
the
child is 6 years old.
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(h) The Department may provide Family Responsibility | ||
Services which
may consist of, but not be limited to the | ||
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 | ||
separately or
together, preceding the inmate's release; | ||
and
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(6) a prerelease reunification staffing involving the | ||
family advocate,
the inmate and the child's counselor, or | ||
both and the inmate.
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(i) (Blank).
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(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.
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(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.
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(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), | ||
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. The
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testing provided under this subsection (l) shall consist of a | ||
test approved by the Illinois Department of Public Health to | ||
determine the presence of HIV infection, based upon | ||
recommendations of the United States Centers for Disease | ||
Control and Prevention. If the test result is positive, a | ||
reliable supplemental test based upon recommendations of the | ||
United States Centers for Disease Control and Prevention shall | ||
be
administered.
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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.
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(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; 97-244, eff. 8-4-11; 97-323, | ||
eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12; | ||
97-813, eff. 7-13-12.)
| ||
Section 115. The County Jail Act is amended by changing | ||
Section 17.5 and by adding Section 17.15 as follows:
| ||
(730 ILCS 125/17.5)
| ||
Sec. 17.5. Pregnant female prisoners. Notwithstanding any | ||
other
statute,
directive, or administrative
regulation, when a | ||
pregnant female prisoner is brought to a hospital
from a county | ||
jail
for the purpose of delivering her baby, no handcuffs,
| ||
shackles, or restraints of any kind may be used during her |
transport to a
medical facility for the purpose of delivering | ||
her baby. Under no
circumstances may leg irons or shackles or | ||
waist shackles be used on any
pregnant female prisoner who is | ||
in labor. In addition, restraint of a pregnant female prisoner | ||
in the custody of the Cook County shall comply with Section | ||
3-15003.6 of the Counties Code. Upon the pregnant female
| ||
prisoner's entry to the hospital
delivery room, 2 a county | ||
correctional officers officer must be posted immediately | ||
outside
the
delivery room. The Sheriff must provide for | ||
adequate personnel to monitor
the pregnant female prisoner | ||
during her transport to and from the
hospital and during her
| ||
stay at the hospital.
| ||
(Source: P.A. 91-253, eff. 1-1-00.)
| ||
(730 ILCS 125/17.15 new) | ||
Sec. 17.15. Compliance with the Health Care Violence | ||
Prevention Act. The sheriff or warden of the jail shall comply | ||
with the Health Care Violence Prevention Act. |