Judiciary II - Criminal Law Committee
Filed: 3/2/2007
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1 | AMENDMENT TO HOUSE BILL 231
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2 | AMENDMENT NO. ______. Amend House Bill 231 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Sections 3-1-2, 3-5-1, and 3-6-2 as follows:
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6 | (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
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7 | Sec. 3-1-2. Definitions. | ||||||
8 | (a) "Chief Administrative Officer" means the
person | ||||||
9 | designated by the Director to exercise the powers and duties of | ||||||
10 | the
Department of Corrections in regard to committed persons | ||||||
11 | within
a correctional institution or facility, and includes the
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12 | superintendent of any juvenile institution or facility.
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13 | (a-5) "Sex offense" for the purposes of paragraph (16) of | ||||||
14 | subsection (a) of Section 3-3-7, paragraph (10) of subsection | ||||||
15 | (a) of Section 5-6-3, and paragraph (18) of subsection (c) of | ||||||
16 | Section 5-6-3.1 only means: |
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1 | (i) A violation of any of the following Sections of the | ||||||
2 | Criminal Code of
1961: 10-7 (aiding and abetting child | ||||||
3 | abduction under Section 10-5(b)(10)),
10-5(b)(10) (child | ||||||
4 | luring), 11-6 (indecent solicitation of a child), 11-6.5
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5 | (indecent solicitation of an adult),
11-15.1 (soliciting | ||||||
6 | for a juvenile
prostitute), 11-17.1 (keeping a place of | ||||||
7 | juvenile prostitution), 11-18.1
(patronizing a juvenile | ||||||
8 | prostitute), 11-19.1 (juvenile pimping),
11-19.2 | ||||||
9 | (exploitation of a child), 11-20.1 (child pornography), | ||||||
10 | 12-14.1
(predatory criminal sexual assault of a child), or | ||||||
11 | 12-33 (ritualized abuse of a
child). An attempt to commit | ||||||
12 | any of
these offenses. | ||||||
13 | (ii) A violation of any of the following Sections of | ||||||
14 | the Criminal Code
of 1961: 12-13 (criminal
sexual assault), | ||||||
15 | 12-14 (aggravated criminal sexual assault), 12-16 | ||||||
16 | (aggravated criminal sexual abuse), and subsection (a) of | ||||||
17 | Section 12-15
(criminal sexual abuse). An attempt to commit
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18 | any of these offenses. | ||||||
19 | (iii) A violation of any of the following Sections of | ||||||
20 | the Criminal Code
of 1961 when the defendant is
not a | ||||||
21 | parent of the victim: | ||||||
22 | 10-1 (kidnapping),
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23 | 10-2 (aggravated kidnapping), | ||||||
24 | 10-3 (unlawful restraint),
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25 | 10-3.1 (aggravated unlawful restraint). | ||||||
26 | An attempt to commit any of these offenses. |
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1 | (iv) A violation of any former law of this State | ||||||
2 | substantially
equivalent to any offense listed in this | ||||||
3 | subsection (a-5). | ||||||
4 | An offense violating federal law or the law of another | ||||||
5 | state
that is substantially equivalent to any offense listed in | ||||||
6 | this
subsection (a-5) shall constitute a sex offense for the | ||||||
7 | purpose of
this subsection (a-5). A finding or adjudication as | ||||||
8 | a sexually dangerous person under
any federal law or law of | ||||||
9 | another state that is substantially equivalent to the
Sexually | ||||||
10 | Dangerous Persons Act shall constitute an adjudication for a | ||||||
11 | sex offense for the
purposes of this subsection (a-5).
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12 | (b) "Commitment" means a judicially determined placement
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13 | in the custody of the Department of Corrections on the basis of
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14 | delinquency or conviction.
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15 | (c) "Committed Person" is a person committed to the | ||||||
16 | Department,
however a committed person shall not be considered | ||||||
17 | to be an employee of
the Department of Corrections for any | ||||||
18 | purpose, including eligibility for
a pension, benefits, or any | ||||||
19 | other compensation or rights or privileges which
may be | ||||||
20 | provided to employees of the Department.
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21 | (d) "Correctional Institution or Facility" means any | ||||||
22 | building or
part of a building where committed persons are kept | ||||||
23 | in a secured manner.
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24 | (e) In the case of functions performed before the effective | ||||||
25 | date of this amendatory Act of the 94th General Assembly, | ||||||
26 | "Department" means the Department of Corrections of this State. |
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1 | In the case of functions performed on or after the effective | ||||||
2 | date of this amendatory Act of the 94th General Assembly, | ||||||
3 | "Department" has the meaning ascribed to it in subsection | ||||||
4 | (f-5).
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5 | (f) In the case of functions performed before the effective | ||||||
6 | date of this amendatory Act of the 94th General Assembly, | ||||||
7 | "Director" means the Director of the Department of Corrections. | ||||||
8 | In the case of functions performed on or after the effective | ||||||
9 | date of this amendatory Act of the 94th General Assembly, | ||||||
10 | "Director" has the meaning ascribed to it in subsection (f-5).
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11 | (f-5) In the case of functions performed on or after the | ||||||
12 | effective date of this amendatory Act of the 94th General | ||||||
13 | Assembly, references to "Department" or "Director" refer to | ||||||
14 | either the Department of Corrections or the Director of | ||||||
15 | Corrections or to the Department of Juvenile Justice or the | ||||||
16 | Director of Juvenile Justice unless the context is specific to | ||||||
17 | the Department of Juvenile Justice or the Director of Juvenile | ||||||
18 | Justice.
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19 | (g) "Discharge" means the final termination of a commitment
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20 | to the Department of Corrections.
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21 | (h) "Discipline" means the rules and regulations for the
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22 | maintenance of order and the protection of persons and property
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23 | within the institutions and facilities of the Department and
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24 | their enforcement.
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25 | (i) "Escape" means the intentional and unauthorized | ||||||
26 | absence
of a committed person from the custody of the |
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1 | Department.
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2 | (j) "Furlough" means an authorized leave of absence from | ||||||
3 | the
Department of Corrections for a designated purpose and | ||||||
4 | period of time.
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5 | (j-5) "HIV/AIDS" means the human immunodeficiency virus or | ||||||
6 | any other
identified causative agent of acquired | ||||||
7 | immunodeficiency syndrome.
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8 | (k) "Parole" means the conditional and revocable release
of | ||||||
9 | a committed person under the supervision of a parole officer.
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10 | (l) "Prisoner Review Board" means the Board established in
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11 | Section 3-3-1(a), independent of the Department, to review
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12 | rules and regulations with respect to good time credits, to
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13 | hear charges brought by the Department against certain | ||||||
14 | prisoners
alleged to have violated Department rules with | ||||||
15 | respect to good
time credits, to set release dates for certain | ||||||
16 | prisoners
sentenced under the law in effect prior to the | ||||||
17 | effective
date of this Amendatory Act of 1977, to hear requests | ||||||
18 | and
make recommendations to the Governor with respect to | ||||||
19 | pardon,
reprieve or commutation, to set conditions for parole | ||||||
20 | and
mandatory supervised release and determine whether | ||||||
21 | violations
of those conditions justify revocation of parole or | ||||||
22 | release,
and to assume all other functions previously exercised | ||||||
23 | by the
Illinois Parole and Pardon Board.
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24 | (m) Whenever medical treatment, service, counseling, or
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25 | care is referred to in this Unified Code of Corrections,
such | ||||||
26 | term may be construed by the Department or Court, within
its |
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1 | discretion, to include treatment, service or counseling by
a | ||||||
2 | Christian Science practitioner or nursing care appropriate
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3 | therewith whenever request therefor is made by a person subject
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4 | to the provisions of this Act.
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5 | (n) "Victim" shall have the meaning ascribed to it in | ||||||
6 | subsection (a) of
Section 3 of the Bill of Rights for Victims | ||||||
7 | and Witnesses of Violent Crime Act.
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8 | (Source: P.A. 94-159, eff. 7-11-05; 94-696, eff. 6-1-06 .)
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9 | (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
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10 | Sec. 3-5-1. Master Record File.
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11 | (a) The Department of Corrections and the Department of | ||||||
12 | Juvenile Justice shall
maintain a master record file on each | ||||||
13 | person committed to it,
which shall contain the following | ||||||
14 | information:
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15 | (1) all information from the committing court;
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16 | (2) reception summary;
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17 | (3) evaluation and assignment reports and | ||||||
18 | recommendations;
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19 | (4) reports as to program assignment and progress;
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20 | (5) reports of disciplinary infractions and | ||||||
21 | disposition;
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22 | (6) any parole plan;
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23 | (7) any parole reports;
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24 | (8) the date and circumstances of final discharge; | ||||||
25 | (9) The results of an HIV/AIDS test administered under |
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1 | subsection (i) of Section 3-6-2; and | ||||||
2 | (10) any
other pertinent data concerning the person's | ||||||
3 | background,
conduct, associations and family relationships | ||||||
4 | as may be
required by the respective Department. | ||||||
5 | A current summary index shall be
maintained on each file | ||||||
6 | which shall include the person's known active and
past
gang | ||||||
7 | affiliations and ranks.
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8 | (b) All files shall be confidential and access shall be
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9 | limited to authorized personnel of the respective Department.
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10 | Personnel of other correctional, welfare or law enforcement
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11 | agencies may have access to files under rules and regulations
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12 | of the respective Department. The respective Department shall | ||||||
13 | keep a record of all
outside personnel who have access to | ||||||
14 | files, the files reviewed,
any file material copied, and the | ||||||
15 | purpose of access. If the
respective Department or the Prisoner | ||||||
16 | Review Board makes a determination
under this Code which | ||||||
17 | affects the length of the period of
confinement or commitment, | ||||||
18 | the committed person and his counsel
shall be advised of | ||||||
19 | factual information relied upon by the
respective Department or | ||||||
20 | Board to make the determination, provided that
the Department | ||||||
21 | or Board shall not be required to advise a
person committed to | ||||||
22 | the Department of Juvenile Justice any such information
which | ||||||
23 | in the opinion of the Department of Juvenile Justice or Board | ||||||
24 | would be
detrimental to his treatment or rehabilitation.
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25 | (c) The master file shall be maintained at a place
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26 | convenient to its use by personnel of the respective Department |
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1 | in
charge of the person. When custody of a person is | ||||||
2 | transferred
from the Department to another department or | ||||||
3 | agency, a
summary of the file shall be forwarded to the | ||||||
4 | receiving
agency with such other information required by law or
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5 | requested by the agency under rules and regulations of the
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6 | respective Department.
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7 | (d) The master file of a person no longer in the custody
of | ||||||
8 | the respective Department shall be placed on inactive status | ||||||
9 | and its
use shall be restricted subject to rules and | ||||||
10 | regulations of
the Department.
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11 | (e) All public agencies may make available to the
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12 | respective Department on request any factual data not otherwise
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13 | privileged as a matter of law in their possession in respect
to | ||||||
14 | individuals committed to the respective Department.
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15 | (Source: P.A. 94-696, eff. 6-1-06 .)
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16 | (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | ||||||
17 | Sec. 3-6-2. Institutions and Facility Administration.
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18 | (a) Each institution and facility of the Department shall | ||||||
19 | be
administered by a chief administrative officer appointed by
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20 | the Director. A chief administrative officer shall be
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21 | responsible for all persons assigned to the institution or
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22 | facility. The chief administrative officer shall administer
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23 | the programs of the Department for the custody and treatment
of | ||||||
24 | such persons.
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25 | (b) The chief administrative officer shall have such |
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1 | assistants
as the Department may assign.
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2 | (c) The Director or Assistant Director shall have the
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3 | emergency powers to temporarily transfer individuals without
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4 | formal procedures to any State, county, municipal or regional
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5 | correctional or detention institution or facility in the State,
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6 | subject to the acceptance of such receiving institution or
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7 | facility, or to designate any reasonably secure place in the
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8 | State as such an institution or facility and to make transfers
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9 | thereto. However, transfers made under emergency powers shall
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10 | be reviewed as soon as practicable under Article 8, and shall
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11 | be subject to Section 5-905 of the Juvenile Court Act of
1987. | ||||||
12 | This Section shall not apply to transfers to the Department of
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13 | Human Services which are provided for under
Section 3-8-5 or | ||||||
14 | Section 3-10-5.
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15 | (d) The Department shall provide educational programs for | ||||||
16 | all
committed persons so that all persons have an opportunity | ||||||
17 | to
attain the achievement level equivalent to the completion of
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18 | the twelfth grade in the public school system in this State.
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19 | Other higher levels of attainment shall be encouraged and
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20 | professional instruction shall be maintained wherever | ||||||
21 | possible.
The Department may establish programs of mandatory | ||||||
22 | education and may
establish rules and regulations for the | ||||||
23 | administration of such programs.
A person committed to the | ||||||
24 | Department who, during the period of his or her
incarceration, | ||||||
25 | participates in an educational program provided by or through
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26 | the Department and through that program is awarded or earns the |
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1 | number of
hours of credit required for the award of an | ||||||
2 | associate, baccalaureate, or
higher degree from a community | ||||||
3 | college, college, or university located in
Illinois shall | ||||||
4 | reimburse the State, through the Department, for the costs
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5 | incurred by the State in providing that person during his or | ||||||
6 | her incarceration
with the education that qualifies him or her | ||||||
7 | for the award of that degree. The
costs for which reimbursement | ||||||
8 | is required under this subsection shall be
determined and | ||||||
9 | computed by the Department under rules and regulations that
it | ||||||
10 | shall establish for that purpose. However, interest at the rate | ||||||
11 | of 6%
per annum shall be charged on the balance of those costs | ||||||
12 | from time to time
remaining unpaid, from the date of the | ||||||
13 | person's parole, mandatory supervised
release, or release | ||||||
14 | constituting a final termination of his or her commitment
to | ||||||
15 | the Department until paid.
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16 | (d-5) A person committed to the Department is entitled to | ||||||
17 | confidential testing for infection with human immunodeficiency | ||||||
18 | virus (HIV) and to counseling in connection with such testing, | ||||||
19 | with no copay to the committed person. A person committed to | ||||||
20 | the Department who has tested positive for infection with HIV | ||||||
21 | is entitled to medical care while incarcerated, counseling, and | ||||||
22 | referrals to support services, in connection with that positive | ||||||
23 | test result. Implementation of this subsection (d-5) is subject | ||||||
24 | to appropriation.
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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 |
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1 | giving
consent thereto shall receive such medical or surgical | ||||||
2 | treatment
by the chief administrative officer consenting on the | ||||||
3 | person's behalf.
Before the chief administrative officer | ||||||
4 | consents, he or she shall
obtain the advice of one or more | ||||||
5 | physicians licensed to practice medicine
in all its branches in | ||||||
6 | this State. If such physician or physicians advise:
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7 | (1) that immediate medical or surgical treatment is | ||||||
8 | required
relative to a condition threatening to cause | ||||||
9 | death, damage or
impairment to bodily functions, or | ||||||
10 | disfigurement; and
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11 | (2) that the person is not capable of giving consent to | ||||||
12 | such treatment;
the chief administrative officer may give | ||||||
13 | consent for such
medical or surgical treatment, and such | ||||||
14 | consent shall be
deemed to be the consent of the person for | ||||||
15 | all purposes,
including, but not limited to, the authority | ||||||
16 | of a physician
to give such treatment. | ||||||
17 | (e-5) If a physician providing medical care to a committed | ||||||
18 | person on behalf of the Department advises the chief | ||||||
19 | administrative officer that the committed person's mental or | ||||||
20 | physical health has deteriorated as a result of the cessation | ||||||
21 | of ingestion of food or liquid to the point where medical or | ||||||
22 | surgical treatment is required to prevent death, damage, or | ||||||
23 | impairment to bodily functions, the chief administrative | ||||||
24 | officer may authorize such medical or surgical treatment.
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25 | (f) In the event that the person requires medical care and
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26 | treatment at a place other than the institution or facility,
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1 | the person may be removed therefrom under conditions prescribed
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2 | by the Department.
The Department shall require the committed | ||||||
3 | person receiving medical or dental
services on a non-emergency | ||||||
4 | basis to pay a $2 co-payment to the Department for
each visit | ||||||
5 | for medical or dental services. The amount of each co-payment | ||||||
6 | shall be deducted from the
committed person's individual | ||||||
7 | account.
A committed person who has a chronic illness, as | ||||||
8 | defined by Department rules
and regulations, shall be exempt | ||||||
9 | from the $2 co-payment for treatment of the
chronic illness. A | ||||||
10 | committed person shall not be subject to a $2 co-payment
for | ||||||
11 | follow-up visits ordered by a physician, who is employed by, or | ||||||
12 | contracts
with, the Department. A committed person who is | ||||||
13 | indigent is exempt from the
$2 co-payment
and is entitled to | ||||||
14 | receive medical or dental services on the same basis as a
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15 | committed person who is financially able to afford the | ||||||
16 | co-payment.
Notwithstanding any other provision in this | ||||||
17 | subsection (f) to the contrary,
any person committed to any | ||||||
18 | facility operated by the Department of Juvenile Justice, as set
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19 | forth in Section 3-2.5-15 of this Code, is exempt from the
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20 | co-payment requirement for the duration of confinement in those | ||||||
21 | facilities.
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22 | (g) Any person having sole custody of a child at
the time | ||||||
23 | of commitment or any woman giving birth to a child after
her | ||||||
24 | commitment, may arrange through the Department of Children
and | ||||||
25 | Family Services for suitable placement of the child outside
of | ||||||
26 | the Department of Corrections. The Director of the Department
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1 | of Corrections may determine that there are special reasons why
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2 | the child should continue in the custody of the mother until | ||||||
3 | the
child is 6 years old.
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4 | (h) The Department may provide Family Responsibility | ||||||
5 | Services which
may consist of, but not be limited to the | ||||||
6 | following:
| ||||||
7 | (1) family advocacy counseling;
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8 | (2) parent self-help group;
| ||||||
9 | (3) parenting skills training;
| ||||||
10 | (4) parent and child overnight program;
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11 | (5) parent and child reunification counseling, either | ||||||
12 | separately or
together, preceding the inmate's release; | ||||||
13 | and
| ||||||
14 | (6) a prerelease reunification staffing involving the | ||||||
15 | family advocate,
the inmate and the child's counselor, or | ||||||
16 | both and the inmate.
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17 | (i) Upon admission of a committed person to a Department of | ||||||
18 | Corrections facility as part of his or her comprehensive | ||||||
19 | physical examination and immediately prior to release of that | ||||||
20 | person, the committed person shall be offered to take a test | ||||||
21 | for HIV/AIDS administered by the Department.
Prior to the | ||||||
22 | release of any inmate who has a documented history
of | ||||||
23 | intravenous drug use, and upon the receipt of that inmate's | ||||||
24 | written
informed consent, the Department shall provide for the | ||||||
25 | testing of such
inmate for infection with human | ||||||
26 | immunodeficiency virus (HIV) and any other
identified |
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1 | causative agent of acquired immunodeficiency syndrome (AIDS). | ||||||
2 | The
testing provided under this subsection shall consist of an | ||||||
3 | enzyme-linked
immunosorbent assay (ELISA) test or such other | ||||||
4 | test as may be approved by
the Illinois Department of Public | ||||||
5 | Health. If the test result is positive,
the Western Blot Assay | ||||||
6 | or more reliable confirmatory test shall be
administered.
All | ||||||
7 | inmates tested in accordance with the provisions of this
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8 | subsection shall be provided with HIV/AIDS
pre-test and | ||||||
9 | post-test counseling.
If the test result is positive, the | ||||||
10 | committed person shall receive medical care for the infection | ||||||
11 | paid by the Department during the committed person's | ||||||
12 | incarceration. | ||||||
13 |
Notwithstanding any provision of this subsection to the | ||||||
14 | contrary, the
Department shall not be required to conduct the | ||||||
15 | testing and counseling
required by this subsection unless | ||||||
16 | sufficient funds to cover all costs of
such testing and | ||||||
17 | counseling are appropriated for that
purpose by the General | ||||||
18 | Assembly.
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19 | (j) Any person convicted of a sex offense as defined in the | ||||||
20 | Sex Offender
Management Board Act shall be required to receive | ||||||
21 | a sex offender evaluation
prior to release into the community | ||||||
22 | from the Department of Corrections. The
sex offender evaluation | ||||||
23 | shall be conducted in conformance with the standards
and | ||||||
24 | guidelines developed under
the Sex Offender Management Board | ||||||
25 | Act and by an evaluator approved by the
Board.
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26 | (k) Any minor committed to the Department of Juvenile |
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1 | Justice
for a sex offense as defined by the Sex Offender | ||||||
2 | Management Board Act shall be
required to undergo sex offender | ||||||
3 | treatment by a treatment provider approved by
the Board and | ||||||
4 | conducted in conformance with the Sex Offender Management Board
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5 | Act.
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6 | (l) Prior to the release of any inmate, the Department must | ||||||
7 | provide the inmate with the option of testing for infection | ||||||
8 | with human immunodeficiency virus (HIV), as well as counseling | ||||||
9 | in connection with such testing, with no copayment for the | ||||||
10 | test. At the same time, the Department shall require each such | ||||||
11 | inmate to sign a form stating that the inmate has been informed | ||||||
12 | of his or her rights with respect to the testing required to be | ||||||
13 | offered under this subsection (l) and providing the inmate with | ||||||
14 | an opportunity to indicate either that he or she wants to be | ||||||
15 | tested or that he or she does not want to be tested. The | ||||||
16 | Department, in consultation with the Department of Public | ||||||
17 | Health, shall prescribe the contents of the form. The
testing | ||||||
18 | provided under this subsection (l) shall consist of an | ||||||
19 | enzyme-linked
immunosorbent assay (ELISA) test or any other | ||||||
20 | test approved by
the Department of Public Health. If the test | ||||||
21 | result is positive,
the Western Blot Assay or more reliable | ||||||
22 | confirmatory test shall be
administered. | ||||||
23 | Prior to the release of an inmate who the Department knows | ||||||
24 | has tested positive for infection with HIV, the Department in a | ||||||
25 | timely manner shall offer the inmate transitional case | ||||||
26 | management, including referrals to other support services.
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1 | Implementation of this subsection (l) is subject to | ||||||
2 | appropriation.
| ||||||
3 | (Source: P.A. 93-616, eff. 1-1-04; 93-928, eff. 1-1-05; 94-629, | ||||||
4 | eff. 1-1-06; 94-696, eff. 6-1-06 .)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
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