093_HB3453
LRB093 05071 RLC 05130 b
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5 changing Section 3-6-2 as follows:
6 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
7 Sec. 3-6-2. Institutions and Facility Administration.
8 (a) Each institution and facility of the Department
9 shall be administered by a chief administrative officer
10 appointed by the Director. A chief administrative officer
11 shall be responsible for all persons assigned to the
12 institution or facility. The chief administrative officer
13 shall administer the programs of the Department for the
14 custody and treatment of such persons.
15 (b) The chief administrative officer shall have such
16 assistants as the Department may assign.
17 (c) The Director or Assistant Director shall have the
18 emergency powers to temporarily transfer individuals without
19 formal procedures to any State, county, municipal or regional
20 correctional or detention institution or facility in the
21 State, subject to the acceptance of such receiving
22 institution or facility, or to designate any reasonably
23 secure place in the State as such an institution or facility
24 and to make transfers thereto. However, transfers made under
25 emergency powers shall be reviewed as soon as practicable
26 under Article 8, and shall be subject to Section 5-905 of the
27 Juvenile Court Act of 1987. This Section shall not apply to
28 transfers to the Department of Human Services which are
29 provided for under Section 3-8-5 or Section 3-10-5.
30 (d) The Department shall provide educational programs
31 for all committed persons so that all persons have an
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1 opportunity to attain the achievement level equivalent to the
2 completion of the twelfth grade in the public school system
3 in this State. Other higher levels of attainment shall be
4 encouraged and professional instruction shall be maintained
5 wherever possible. The Department may establish programs of
6 mandatory education and may establish rules and regulations
7 for the administration of such programs. A person committed
8 to the Department who, during the period of his or her
9 incarceration, participates in an educational program
10 provided by or through the Department and through that
11 program is awarded or earns the number of hours of credit
12 required for the award of an associate, baccalaureate, or
13 higher degree from a community college, college, or
14 university located in Illinois shall reimburse the State,
15 through the Department, for the costs incurred by the State
16 in providing that person during his or her incarceration with
17 the education that qualifies him or her for the award of that
18 degree. The costs for which reimbursement is required under
19 this subsection shall be determined and computed by the
20 Department under rules and regulations that it shall
21 establish for that purpose. However, interest at the rate of
22 6% per annum shall be charged on the balance of those costs
23 from time to time remaining unpaid, from the date of the
24 person's parole, mandatory supervised release, or release
25 constituting a final termination of his or her commitment to
26 the Department until paid.
27 (e) A person committed to the Department who becomes in
28 need of medical or surgical treatment but is incapable of
29 giving consent thereto shall receive such medical or surgical
30 treatment by the chief administrative officer consenting on
31 the person's behalf. Before the chief administrative officer
32 consents, he or she shall obtain the advice of one or more
33 physicians licensed to practice medicine in all its branches
34 in this State. If such physician or physicians advise:
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1 (1) that immediate medical or surgical treatment is
2 required relative to a condition threatening to cause
3 death, damage or impairment to bodily functions, or
4 disfigurement; and
5 (2) that the person is not capable of giving
6 consent to such treatment; the chief administrative
7 officer may give consent for such medical or surgical
8 treatment, and such consent shall be deemed to be the
9 consent of the person for all purposes, including, but
10 not limited to, the authority of a physician to give such
11 treatment.
12 (f) In the event that the person requires medical care
13 and treatment at a place other than the institution or
14 facility, the person may be removed therefrom under
15 conditions prescribed by the Department. The Department shall
16 require the committed person receiving medical or dental
17 services to pay the total cost of those services on a
18 non-emergency basis to pay a $2 co-payment to the Department
19 for each visit for medical or dental services. The amount of
20 the payment each co-payment shall be deducted from the
21 committed person's individual account. A committed person who
22 has a chronic illness, as defined by Department rules and
23 regulations, shall be exempt from the $2 co-payment for
24 treatment of the chronic illness. A committed person shall
25 not be subject to a $2 co-payment for follow-up visits
26 ordered by a physician, who is employed by, or contracts
27 with, the Department. A committed person who is indigent is
28 exempt from the $2 co-payment and is entitled to receive
29 medical or dental services on the same basis as a committed
30 person who is financially able to afford the co-payment.
31 Notwithstanding any other provision in this subsection (f) to
32 the contrary, any person committed to any facility operated
33 by the Juvenile Division, as set forth in subsection (b) of
34 Section 3-2-5 of this Code, is exempt from the payment
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1 co-payment requirement for the duration of confinement in
2 those facilities.
3 (f-5) If a victim of an offense incurs medical or dental
4 expenses as a result of the committed person's offense and
5 the victim's injuries are covered by medical or dental
6 insurance, the victim's insurance company shall be reimbursed
7 by the committed person for those medical or dental expenses
8 paid by the insurance company under the policy of insurance.
9 (g) Any person having sole custody of a child at the
10 time of commitment or any woman giving birth to a child after
11 her commitment, may arrange through the Department of
12 Children and Family Services for suitable placement of the
13 child outside of the Department of Corrections. The Director
14 of the Department of Corrections may determine that there are
15 special reasons why the child should continue in the custody
16 of the mother until the child is 6 years old.
17 (h) The Department may provide Family Responsibility
18 Services which may consist of, but not be limited to the
19 following:
20 (1) family advocacy counseling;
21 (2) parent self-help group;
22 (3) parenting skills training;
23 (4) parent and child overnight program;
24 (5) parent and child reunification counseling,
25 either separately or together, preceding the inmate's
26 release; and
27 (6) a prerelease reunification staffing involving
28 the family advocate, the inmate and the child's
29 counselor, or both and the inmate.
30 (i) Prior to the release of any inmate who has a
31 documented history of intravenous drug use, and upon the
32 receipt of that inmate's written informed consent, the
33 Department shall provide for the testing of such inmate for
34 infection with human immunodeficiency virus (HIV) and any
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1 other identified causative agent of acquired immunodeficiency
2 syndrome (AIDS). The testing provided under this subsection
3 shall consist of an enzyme-linked immunosorbent assay (ELISA)
4 test or such other test as may be approved by the Illinois
5 Department of Public Health. If the test result is positive,
6 the Western Blot Assay or more reliable confirmatory test
7 shall be administered. All inmates tested in accordance with
8 the provisions of this subsection shall be provided with
9 pre-test and post-test counseling. Notwithstanding any
10 provision of this subsection to the contrary, the Department
11 shall not be required to conduct the testing and counseling
12 required by this subsection unless sufficient funds to cover
13 all costs of such testing and counseling are appropriated for
14 that purpose by the General Assembly.
15 (Source: P.A. 91-912, eff. 7-7-00; 92-292, eff. 8-9-01.)