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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||||||||||||||||||||||
5 | changing Sections 3-6-2 and 3-7-2 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.
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8 | (a) Each institution and facility of the Department shall | ||||||||||||||||||||||||||
9 | be
administered by a chief administrative officer appointed by
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10 | the Director. A chief administrative officer shall be
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11 | responsible for all persons assigned to the institution or
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12 | facility. The chief administrative officer shall administer
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13 | the programs of the Department for the custody and treatment
of | ||||||||||||||||||||||||||
14 | such persons.
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15 | (b) The chief administrative officer shall have such | ||||||||||||||||||||||||||
16 | assistants
as the Department may assign.
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17 | (c) The Director or Assistant Director shall have the
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18 | emergency powers to temporarily transfer individuals without
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19 | formal procedures to any State, county, municipal or regional
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20 | correctional or detention institution or facility in the State,
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21 | subject to the acceptance of such receiving institution or
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22 | facility, or to designate any reasonably secure place in the
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23 | State as such an institution or facility and to make transfers
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24 | thereto. However, transfers made under emergency powers shall
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25 | be reviewed as soon as practicable under Article 8, and shall
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26 | be subject to Section 5-905 of the Juvenile Court Act of
1987. | ||||||||||||||||||||||||||
27 | This Section shall not apply to transfers to the Department of
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28 | Human Services which are provided for under
Section 3-8-5 or | ||||||||||||||||||||||||||
29 | Section 3-10-5.
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30 | (d) The Department shall provide educational programs for | ||||||||||||||||||||||||||
31 | all
committed persons so that all persons have an opportunity | ||||||||||||||||||||||||||
32 | to
attain the achievement level equivalent to the completion of
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1 | the twelfth grade in the public school system in this State.
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2 | Other higher levels of attainment shall be encouraged and
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3 | professional instruction shall be maintained wherever | ||||||
4 | possible.
The Department may establish programs of mandatory | ||||||
5 | education and may
establish rules and regulations for the | ||||||
6 | administration of such programs.
A person committed to the | ||||||
7 | Department who, during the period of his or her
incarceration, | ||||||
8 | participates in an educational program provided by or through
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9 | the Department and through that program is awarded or earns the | ||||||
10 | number of
hours of credit required for the award of an | ||||||
11 | associate, baccalaureate, or
higher degree from a community | ||||||
12 | college, college, or university located in
Illinois shall | ||||||
13 | reimburse the State, through the Department, for the costs
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14 | incurred by the State in providing that person during his or | ||||||
15 | her incarceration
with the education that qualifies him or her | ||||||
16 | for the award of that degree. The
costs for which reimbursement | ||||||
17 | is required under this subsection shall be
determined and | ||||||
18 | computed by the Department under rules and regulations that
it | ||||||
19 | shall establish for that purpose. However, interest at the rate | ||||||
20 | of 6%
per annum shall be charged on the balance of those costs | ||||||
21 | from time to time
remaining unpaid, from the date of the | ||||||
22 | person's parole, mandatory supervised
release, or release | ||||||
23 | constituting a final termination of his or her commitment
to | ||||||
24 | the Department until paid.
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25 | (e) A person committed to the Department who becomes in | ||||||
26 | need
of medical or surgical treatment but is incapable of | ||||||
27 | giving
consent thereto shall receive such medical or surgical | ||||||
28 | treatment
by the chief administrative officer consenting on the | ||||||
29 | person's behalf.
Before the chief administrative officer | ||||||
30 | consents, he or she shall
obtain the advice of one or more | ||||||
31 | physicians licensed to practice medicine
in all its branches in | ||||||
32 | this State. If such physician or physicians advise:
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33 | (1) that immediate medical or surgical treatment is | ||||||
34 | required
relative to a condition threatening to cause | ||||||
35 | death, damage or
impairment to bodily functions, or | ||||||
36 | disfigurement; and
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1 | (2) that the person is not capable of giving consent to | ||||||
2 | such treatment;
the chief administrative officer may give | ||||||
3 | consent for such
medical or surgical treatment, and such | ||||||
4 | consent shall be
deemed to be the consent of the person for | ||||||
5 | all purposes,
including, but not limited to, the authority | ||||||
6 | of a physician
to give such treatment.
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7 | (f) In the event that the person requires medical care and
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8 | treatment at a place other than the institution or facility,
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9 | the person may be removed therefrom under conditions prescribed
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10 | by the Department.
The Department shall require the committed | ||||||
11 | person receiving medical or dental
services on a non-emergency | ||||||
12 | basis to pay a $2 co-payment to the Department for
each visit | ||||||
13 | for medical or dental services. The amount of each co-payment | ||||||
14 | shall be deducted from the
committed person's individual | ||||||
15 | account.
A committed person who has a chronic illness, as | ||||||
16 | defined by Department rules
and regulations, shall be exempt | ||||||
17 | from the $2 co-payment for treatment of the
chronic illness. A | ||||||
18 | committed person shall not be subject to a $2 co-payment
for | ||||||
19 | follow-up visits ordered by a physician, who is employed by, or | ||||||
20 | contracts
with, the Department. A committed person who is | ||||||
21 | indigent is exempt from the
$2 co-payment
and is entitled to | ||||||
22 | receive medical or dental services on the same basis as a
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23 | committed person who is financially able to afford the | ||||||
24 | co-payment.
Notwithstanding any other provision in this | ||||||
25 | subsection (f) to the contrary,
any person committed to any | ||||||
26 | facility operated by the Juvenile Division, as set
forth in | ||||||
27 | subsection (b) of Section 3-2-5 of this Code, is exempt from | ||||||
28 | the
co-payment requirement for the duration of confinement in | ||||||
29 | those facilities.
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30 | (g) Any person having sole custody of a child at
the time | ||||||
31 | of commitment or any woman giving birth to a child after
her | ||||||
32 | commitment, may arrange through the Department of Children
and | ||||||
33 | Family Services for suitable placement of the child outside
of | ||||||
34 | the Department of Corrections. The Director of the Department
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35 | of Corrections may determine that there are special reasons why
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36 | the child should continue in the custody of the mother until |
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1 | the
child is 6 years old.
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2 | (h) The Department may provide Family Responsibility | ||||||
3 | Services which
may consist of, but not be limited to the | ||||||
4 | following:
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5 | (1) family advocacy counseling;
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6 | (2) parent self-help group;
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7 | (3) parenting skills training;
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8 | (4) parent and child overnight program;
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9 | (5) parent and child reunification counseling, either | ||||||
10 | separately or
together, preceding the inmate's release; | ||||||
11 | and
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12 | (6) a prerelease reunification staffing involving the | ||||||
13 | family advocate,
the inmate and the child's counselor, or | ||||||
14 | both and the inmate.
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15 | (h-5) Upon the incarceration of any inmate, the Department | ||||||
16 | shall require the testing of the
inmate for infection with | ||||||
17 | human immunodeficiency virus (HIV) and any other
identified | ||||||
18 | causative agent of acquired immunodeficiency syndrome (AIDS). | ||||||
19 | The
testing provided under this subsection (h-5) shall consist | ||||||
20 | of an enzyme-linked
immunosorbent assay (ELISA) test or such | ||||||
21 | other test as may be approved by
the Illinois Department of | ||||||
22 | Public Health. If the test result is positive,
the Western Blot | ||||||
23 | Assay or more reliable confirmatory test shall be
administered. | ||||||
24 | Notwithstanding any provision of this subsection (h-5) to the | ||||||
25 | contrary, the
Department shall not be required to conduct the | ||||||
26 | testing required by this subsection (h-5) if the inmate was | ||||||
27 | required to be tested under subsection (g) or (h) of Section | ||||||
28 | 5-5-3 of this Code and the Department, in consultation with the | ||||||
29 | Illinois Department of Public Health, determines that testing | ||||||
30 | is not necessary because the inmate had previously tested | ||||||
31 | positive for infection with human immunodeficiency virus (HIV) | ||||||
32 | and any other
identified causative agent of acquired | ||||||
33 | immunodeficiency syndrome (AIDS).
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34 | (i) Prior to the release of any inmate who has a documented | ||||||
35 | history
of intravenous drug use, and upon the receipt of that | ||||||
36 | inmate's written
informed consent, the Department shall |
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1 | provide for the testing of such
inmate for infection with human | ||||||
2 | immunodeficiency virus (HIV) and any other
identified | ||||||
3 | causative agent of acquired immunodeficiency syndrome (AIDS). | ||||||
4 | The
testing provided under this subsection shall consist of an | ||||||
5 | enzyme-linked
immunosorbent assay (ELISA) test or such other | ||||||
6 | test as may be approved by
the Illinois Department of Public | ||||||
7 | Health. If the test result is positive,
the Western Blot Assay | ||||||
8 | or more reliable confirmatory test shall be
administered. All | ||||||
9 | inmates tested in accordance with the provisions of this
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10 | subsection shall be provided with pre-test and post-test | ||||||
11 | counseling.
Notwithstanding any provision of this subsection | ||||||
12 | to the contrary, the
Department shall not be required to | ||||||
13 | conduct the testing and counseling
required by this subsection | ||||||
14 | unless sufficient funds to cover all costs of
such testing and | ||||||
15 | counseling are appropriated for that
purpose by the General | ||||||
16 | Assembly.
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17 | (j) Any person convicted of a sex offense as defined in the | ||||||
18 | Sex Offender
Management Board Act shall be required to receive | ||||||
19 | a sex offender evaluation
prior to release into the community | ||||||
20 | from the Department of Corrections. The
sex offender evaluation | ||||||
21 | shall be conducted in conformance with the standards
and | ||||||
22 | guidelines developed under
the Sex Offender Management Board | ||||||
23 | Act and by an evaluator approved by the
Board.
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24 | (k) Any minor committed to the Department of | ||||||
25 | Corrections-Juvenile Division
for a sex offense as defined by | ||||||
26 | the Sex Offender Management Board Act shall be
required to | ||||||
27 | undergo sex offender treatment by a treatment provider approved | ||||||
28 | by
the Board and conducted in conformance with the Sex Offender | ||||||
29 | Management Board
Act.
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30 | (Source: P.A. 92-292, eff. 8-9-01; 93-616, eff. 1-1-04.)
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31 | (730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
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32 | Sec. 3-7-2. Facilities.
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33 | (a) All institutions and facilities of the Department shall | ||||||
34 | provide
every committed person with access to toilet | ||||||
35 | facilities, barber
facilities, bathing facilities at least |
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1 | once each week, a library of
legal materials and published | ||||||
2 | materials including newspapers and magazines
approved by the | ||||||
3 | Director. A committed person may not receive any materials
that | ||||||
4 | the Director deems pornographic.
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5 | (b) (Blank).
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6 | (c) All institutions and facilities of the Department shall | ||||||
7 | provide
facilities for every committed person to leave his cell | ||||||
8 | for at least one
hour each day unless the chief administrative | ||||||
9 | officer determines that it
would be harmful or dangerous to the | ||||||
10 | security or safety of the
institution or facility.
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11 | (d) All institutions and facilities of the Department shall | ||||||
12 | provide
every committed person with a wholesome and nutritional | ||||||
13 | diet at
regularly scheduled hours, drinking water, clothing | ||||||
14 | adequate for the
season, bedding, soap and towels and medical | ||||||
15 | and dental care.
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16 | (e) All institutions and facilities of the Department shall | ||||||
17 | permit
every committed person to send and receive an unlimited | ||||||
18 | number of
uncensored letters, provided, however, that the | ||||||
19 | Director may order that
mail be inspected and read for reasons | ||||||
20 | of the security, safety or morale
of the institution or | ||||||
21 | facility.
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22 | (f) All of the institutions and facilities of the | ||||||
23 | Department shall
permit every committed person to receive | ||||||
24 | visitors, except in case of
abuse of the visiting privilege or | ||||||
25 | when the chief administrative officer
determines that such | ||||||
26 | visiting would be harmful or dangerous to the
security, safety | ||||||
27 | or morale of the institution or facility.
The chief | ||||||
28 | administrative officer shall have the right to restrict | ||||||
29 | visitation
to non-contact visits for reasons of safety, | ||||||
30 | security, and order, including,
but not limited to, restricting | ||||||
31 | contact visits for committed persons engaged in
gang activity.
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32 | No committed person in a super maximum security facility or on | ||||||
33 | disciplinary
segregation is allowed contact visits. Any | ||||||
34 | committed person found in
possession of illegal drugs or who | ||||||
35 | fails a drug test shall not be permitted
contact visits for a | ||||||
36 | period of at least 6 months. Any committed person
involved in |
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1 | gang activities or found guilty of assault committed against a
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2 | Department employee shall not be permitted contact visits for a | ||||||
3 | period of at
least 6 months.
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4 | (g) All institutions and facilities of the Department shall | ||||||
5 | permit
religious ministrations and sacraments to be available | ||||||
6 | to every
committed person, but attendance at religious services | ||||||
7 | shall not be
required.
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8 | (h) Within 90 days after December 31, 1996, the Department | ||||||
9 | shall prohibit
the use of curtains, cell-coverings, or any | ||||||
10 | other matter or object that
obstructs or otherwise impairs the | ||||||
11 | line of vision into a committed person's
cell. | ||||||
12 | (i) All institutions and facilities of the Department shall | ||||||
13 | permit a committed person to purchase, possess, and use | ||||||
14 | condoms. A committed person may not be denied any privileges or | ||||||
15 | good conduct credit because of the committed person's purchase, | ||||||
16 | possession, or use of condoms. Neither the Department nor an | ||||||
17 | institution or facility of the Department may declare condoms | ||||||
18 | as contraband.
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19 | (Source: P.A. 90-14, eff. 7-1-97; 91-912, eff. 7-7-00.)
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