SB1987 EnrolledLRB100 09952 MJP 20123 b


  
1    AN ACT concerning safety.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
4    Section 5. The State Police Act is amended  by changing 
5Section 45 as follows:
 
6    (20 ILCS 2610/45)
7    (This Section may contain text from a Public Act with a 
8delayed effective date)
9    Sec. 45. Compliance with the Health Care Violence 
10Prevention Act; training. The Department shall comply with the 
11Health Care Violence Prevention Act and shall provide an 
12appropriate level of training for its officers concerning the 
13Health Care Violence Prevention Act.

14(Source: P.A. 100-1051, eff. 1-1-19.)
 
15    Section 10. The Health Care Violence Prevention Act is 
16amended  by changing Section 30 as follows:
 
17    (210 ILCS 160/30)
18    (This Section may contain text from a Public Act with a 
19delayed effective date)

20    Sec. 30. Medical care for committed persons.
 
21    (a) If a committed person receives medical care and 
 
 
SB1987 Enrolled- 2 -LRB100 09952 MJP 20123 b

1treatment at a place other than an institution or facility of 
2the Department of Corrections, a county, or a municipality, 
3then the institution or facility shall:

4        (1) to the greatest extent practicable, notify the 
5    hospital or medical facility that is treating the committed 
6    person prior to the committed person's visit and notify the 
7    hospital or medical facility of any significant medical, 
8    mental health, recent violent actions, or other safety 
9    concerns regarding the patient;

10        (2) to the greatest extent practicable, ensure the 
11    transferred committed person is accompanied by the most 
12    comprehensive medical records possible;

13        (3) provide at least one guard trained in custodial 
14    escort and custody of high-risk committed persons to 
15    accompany any committed person.  The custodial agency shall 
16    attest to such training for custodial escort and custody of 
17    high-risk committed persons through: (A) the training of 
18    the  Department of Corrections, or Department of Juvenile 
19    Justice, or Department of State Police; (B) law enforcement 
20    training that is substantially equivalent to the  training 
21    of the  Department of Corrections, or Department of Juvenile 
22    Justice, or Department of State Police; or (C) the training 
23    described in Section 35. Under no circumstances may leg 
24    irons or shackles or waist shackles be used on any pregnant 
25    female prisoner who is in labor. In addition,  restraint of 
26    a pregnant female prisoner in the custody of the Cook 
 
 
SB1987 Enrolled- 3 -LRB100 09952 MJP 20123 b

1    County shall comply with Section 3-15003.6 of the Counties 
2    Code. Additionally, restraints shall not be used on a 
3    committed person if medical personnel determine that the 
4    restraints would impede medical treatment; and
5        (4) ensure that only medical personnel, Department of 
6    Corrections, county, or municipality personnel, and 
7    visitors on the committed person's approved institutional 
8    visitors list may visit the committed person. Visitation by 
9    a person on the committed person's approved institutional 
10    visitors list shall be subject to the rules and procedures 
11    of the hospital or  medical facility and the Department of 
12    Corrections, county, or municipality. In any situation in 
13    which a committed person is being visited:
14            (A) the name of the visitor must be listed per the 
15        facility's or institution's documentation;
16            (B) the visitor shall submit to the search of his 
17        or her person or any personal property under his or her 
18        control at any time; and
19            (C) the custodial agency may deny the committed 
20        person access to a telephone or limit the number of 
21        visitors the committed person may receive for purposes 
22        of safety.
23    If a committed person receives medical care and treatment 
24at a place other than an institution or facility of the 
25Department of Corrections, county, or municipality, then the 
26custodial agency shall ensure that the committed person is 
 
 
SB1987 Enrolled- 4 -LRB100 09952 MJP 20123 b

1wearing security restraints in accordance with the custodial 
2agency's rules and procedures if the custodial agency 
3determines that restraints are necessary for the following 
4reasons: (i) to prevent physical harm to the committed person 
5or another person; (ii) because the committed person has a 
6history of disruptive behavior that has placed others in 
7potentially harmful situations or presents a substantial risk 
8of inflicting physical harm on himself or herself or others as 
9evidenced by recent behavior; or (iii) there is a well-founded 
10belief that the committed person presents a substantial risk of 
11flight. Under no circumstances may leg irons or shackles or 
12waist shackles be used on any pregnant female prisoner who is 
13in labor. In addition, restraint of a pregnant female prisoner 
14in the custody of the Cook County shall comply with Section 
153-15003.6 of the Counties Code.
16    The hospital or medical facility may establish protocols 
17for the receipt of committed persons  in collaboration with the 
18Department of Corrections, county, or municipality, 
19specifically with regard to potentially violent persons.


20    (b) If a committed person receives medical care and 
21treatment at a place other than an institution or facility of 
22the Department of Juvenile Justice, then the institution or 
23facility shall:

24        (1) to the greatest extent practicable, notify the 
25    hospital or medical facility that is treating the committed 
26    person prior to the committed person's visit, and notify 
 
 
SB1987 Enrolled- 5 -LRB100 09952 MJP 20123 b

1    the hospital or medical facility of any significant 
2    medical, mental health, recent violent actions, or other 
3    safety concerns regarding the patient;

4        (2) to the greatest extent practicable, ensure the 
5    transferred committed person is accompanied by the most 
6    comprehensive medical records possible;

7        (3) provide: (A) at least one guard trained in 
8    custodial escort and custody of high-risk committed 
9    persons to accompany any committed person. The custodial 
10    agency  shall attest to such training for custodial escort 
11    and custody of high-risk committed persons through: (i) the 
12    training of the  Department of Corrections, or Department of 
13    Juvenile Justice, or Department of State Police, (ii) law 
14    enforcement training that is substantially equivalent to 
15    the  training of the  Department of Corrections, or 
16    Department of Juvenile Justice, or Department of State 
17    Police, or (iii) the training described  in Section 35; or 
18    (B) 2 guards to accompany the committed person at all times 
19    during the visit to the hospital or medical facility; and

20        (4) ensure that only medical personnel, Department of 
21    Juvenile Justice personnel, and visitors on the committed 
22    person's approved institutional visitors list may visit 
23    the committed person. Visitation by a person on the 
24    committed person's approved institutional visitors list 
25    shall be subject to the rules and procedures of the 
26    hospital or  medical facility and the Department of Juvenile 
 
 
SB1987 Enrolled- 6 -LRB100 09952 MJP 20123 b

1    Justice. In any situation in which a committed person is 
2    being visited:

3            (A)   the name of the visitor must be listed per the 
4        facility's or institution's documentation;

5            (B)   the visitor shall submit to the search of his 
6        or her person or any personal property under his or her 
7        control at any time;
and
8            (C)   the custodial agency may deny the committed 
9        person access to a telephone or limit the number of 
10        visitors the committed person may receive for purposes 
11        of safety.
12    If a committed person receives medical care and treatment 
13at a place other than an institution or facility of the 
14Department of Juvenile Justice, then the Department of Juvenile 
15Justice shall ensure that the committed person is wearing 
16security restraints on either his or her wrists or ankles in 
17accordance with the rules and procedures of the Department of 
18Juvenile Justice if the Department of Juvenile Justice 
19determines that restraints are necessary for the following 
20reasons: (i) to prevent physical harm to the committed person 
21or another person; (ii) because the committed person has a 
22history of disruptive behavior that has placed others in 
23potentially harmful situations or presents a substantial risk 
24of inflicting physical harm on himself or herself or others as 
25evidenced by recent behavior; or (iii) there is a well-founded 
26belief that the committed person presents a substantial risk of 
 
 
SB1987 Enrolled- 7 -LRB100 09952 MJP 20123 b

1flight. Any restraints used on a committed person under this 
2paragraph shall be the least restrictive restraints necessary 
3to prevent flight or physical harm to the committed person or 
4another person. Restraints shall not be used on the committed 
5person as provided in this paragraph if medical personnel 
6determine that the restraints would impede medical treatment. 
7Under no circumstances may leg irons or shackles or waist 
8shackles be used on any pregnant female prisoner who is in 
9labor. In addition, restraint of a pregnant female prisoner in 
10the custody of the Cook County shall comply with Section 
113-15003.6 of the Counties Code.
12    The hospital or medical facility may establish protocols 
13for the receipt of committed persons in collaboration with the 
14Department of Juvenile Justice, specifically with regard to 
15persons recently exhibiting violence.

16(Source: P.A. 100-1051, eff. 1-1-19.)
 
17    Section 95. No acceleration or delay. Where this Act makes 
18changes in a statute that is represented in this Act by text 
19that is not yet or no longer in effect (for example, a Section 
20represented by multiple versions), the use of that text does 
21not accelerate or delay the taking effect of (i) the changes 
22made by this Act or (ii) provisions derived from any other 
23Public Act.
 

24    Section 99. Effective date. This Act takes effect upon 
25becoming law.