Illinois General Assembly - Full Text of HB0184
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB0184  102nd General Assembly

HB0184 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0184

 

Introduced 1/22/2021, by Rep. Mary E. Flowers and Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-6-2  from Ch. 38, par. 1003-6-2
730 ILCS 5/3-10-2  from Ch. 38, par. 1003-10-2

    Amends the Unified Code of Corrections. Provides that the Department of Corrections shall provide educational programs in each of its institutions and facilities for all committed persons. Provides that the Department must allow into each institution and facility of the Department teachers who hold Professional Educator Licenses issued by the State Superintendent of Education under the School Code to teach committed persons. Provides that the Department shall provide vocational training for committed persons in each institution and facility of the Department. Provides that each institution and facility of the Department of Juvenile Justice shall provide educational and vocational training for all persons committed to the Department.


LRB102 03791 RLC 13804 b

 

 

A BILL FOR

 

HB0184LRB102 03791 RLC 13804 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-6-2 and 3-10-2 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 shall
9be administered by a chief administrative officer appointed by
10the Director. A chief administrative officer shall be
11responsible for all persons assigned to the institution or
12facility. The chief administrative officer shall administer
13the programs of the Department for the custody and treatment
14of such persons.
15    (b) The chief administrative officer shall have such
16assistants as the Department may assign.
17    (c) The Director or Assistant Director shall have the
18emergency powers to temporarily transfer individuals without
19formal procedures to any State, county, municipal or regional
20correctional or detention institution or facility in the
21State, subject to the acceptance of such receiving institution
22or facility, or to designate any reasonably secure place in
23the State as such an institution or facility and to make

 

 

HB0184- 2 -LRB102 03791 RLC 13804 b

1transfers thereto. However, transfers made under emergency
2powers shall be reviewed as soon as practicable under Article
38, and shall be subject to Section 5-905 of the Juvenile Court
4Act of 1987. This Section shall not apply to transfers to the
5Department of Human Services which are provided for under
6Section 3-8-5 or Section 3-10-5.
7    (d) The Department shall provide educational programs in
8each of its institutions and facilities for all committed
9persons so that all persons have an opportunity to attain the
10achievement level equivalent to the completion of the twelfth
11grade in the public school system in this State. Other higher
12levels of attainment shall be encouraged and professional
13instruction shall be maintained wherever possible. The
14Department must allow into each institution and facility of
15the Department teachers who hold Professional Educator
16Licenses issued by the State Superintendent of Education under
17the School Code to teach committed persons. The Department may
18establish programs of mandatory education and may establish
19rules and regulations for the administration of such programs.
20A person committed to the Department who, during the period of
21his or her incarceration, participates in an educational
22program provided by or through the Department and through that
23program is awarded or earns the number of hours of credit
24required for the award of an associate, baccalaureate, or
25higher degree from a community college, college, or university
26located in Illinois shall reimburse the State, through the

 

 

HB0184- 3 -LRB102 03791 RLC 13804 b

1Department, for the costs incurred by the State in providing
2that person during his or her incarceration with the education
3that qualifies him or her for the award of that degree. The
4costs for which reimbursement is required under this
5subsection shall be determined and computed by the Department
6under rules and regulations that it shall establish for that
7purpose. However, interest at the rate of 6% per annum shall be
8charged on the balance of those costs from time to time
9remaining unpaid, from the date of the person's parole,
10mandatory supervised release, or release constituting a final
11termination of his or her commitment to the Department until
12paid.
13    (d-1) The Department shall provide vocational training for
14committed persons in each institution and facility of the
15Department.
16    (d-5) A person committed to the Department is entitled to
17confidential testing for infection with human immunodeficiency
18virus (HIV) and to counseling in connection with such testing,
19with no copay to the committed person. A person committed to
20the Department who has tested positive for infection with HIV
21is entitled to medical care while incarcerated, counseling,
22and referrals to support services, in connection with that
23positive test result. Implementation of this subsection (d-5)
24is subject to appropriation.
25    (e) A person committed to the Department who becomes in
26need of medical or surgical treatment but is incapable of

 

 

HB0184- 4 -LRB102 03791 RLC 13804 b

1giving consent thereto shall receive such medical or surgical
2treatment by the chief administrative officer consenting on
3the person's behalf. Before the chief administrative officer
4consents, he or she shall obtain the advice of one or more
5physicians licensed to practice medicine in all its branches
6in this State. If such physician or physicians advise:
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
11        (2) that the person is not capable of giving consent
12    to such treatment; the chief administrative officer may
13    give consent for such medical or surgical treatment, and
14    such consent shall be deemed to be the consent of the
15    person for all purposes, including, but not limited to,
16    the authority of a physician to give such treatment.
17    (e-5) If a physician providing medical care to a committed
18person on behalf of the Department advises the chief
19administrative officer that the committed person's mental or
20physical health has deteriorated as a result of the cessation
21of ingestion of food or liquid to the point where medical or
22surgical treatment is required to prevent death, damage, or
23impairment to bodily functions, the chief administrative
24officer may authorize such medical or surgical treatment.
25    (f) In the event that the person requires medical care and
26treatment at a place other than the institution or facility,

 

 

HB0184- 5 -LRB102 03791 RLC 13804 b

1the person may be removed therefrom under conditions
2prescribed by the Department. Neither the Department of
3Corrections nor the Department of Juvenile Justice may require
4a committed person or person committed to any facility
5operated by the Department of Juvenile Justice, as set forth
6in Section 3-2.5-15 of this Code, to pay any co-payment for
7receiving medical or dental services.
8    (f-5) The Department shall comply with the Health Care
9Violence Prevention Act.
10    (g) Any person having sole custody of a child at the time
11of commitment or any woman giving birth to a child after her
12commitment, may arrange through the Department of Children and
13Family Services for suitable placement of the child outside of
14the Department of Corrections. The Director of the Department
15of Corrections may determine that there are special reasons
16why the child should continue in the custody of the mother
17until the child is 6 years old.
18    (h) The Department may provide Family Responsibility
19Services which may consist of, but not be limited to the
20following:
21        (1) family advocacy counseling;
22        (2) parent self-help group;
23        (3) parenting skills training;
24        (4) parent and child overnight program;
25        (5) parent and child reunification counseling, either
26    separately or together, preceding the inmate's release;

 

 

HB0184- 6 -LRB102 03791 RLC 13804 b

1    and
2        (6) a prerelease reunification staffing involving the
3    family advocate, the inmate and the child's counselor, or
4    both and the inmate.
5    (i) (Blank).
6    (j) Any person convicted of a sex offense as defined in the
7Sex Offender Management Board Act shall be required to receive
8a sex offender evaluation prior to release into the community
9from the Department of Corrections. The sex offender
10evaluation shall be conducted in conformance with the
11standards and guidelines developed under the Sex Offender
12Management Board Act and by an evaluator approved by the
13Board.
14    (k) Any minor committed to the Department of Juvenile
15Justice for a sex offense as defined by the Sex Offender
16Management Board Act shall be required to undergo sex offender
17treatment by a treatment provider approved by the Board and
18conducted in conformance with the Sex Offender Management
19Board Act.
20    (l) Prior to the release of any inmate committed to a
21facility of the Department or the Department of Juvenile
22Justice, the Department must provide the inmate with
23appropriate information verbally, in writing, by video, or
24other electronic means, concerning HIV and AIDS. The
25Department shall develop the informational materials in
26consultation with the Department of Public Health. At the same

 

 

HB0184- 7 -LRB102 03791 RLC 13804 b

1time, the Department must also offer the committed person the
2option of testing for infection with human immunodeficiency
3virus (HIV), with no copayment for the test. Pre-test
4information shall be provided to the committed person and
5informed consent obtained as required in subsection (d) of
6Section 3 and Section 5 of the AIDS Confidentiality Act. The
7Department may conduct opt-out HIV testing as defined in
8Section 4 of the AIDS Confidentiality Act. If the Department
9conducts opt-out HIV testing, the Department shall place signs
10in English, Spanish and other languages as needed in multiple,
11highly visible locations in the area where HIV testing is
12conducted informing inmates that they will be tested for HIV
13unless they refuse, and refusal or acceptance of testing shall
14be documented in the inmate's medical record. The Department
15shall follow procedures established by the Department of
16Public Health to conduct HIV testing and testing to confirm
17positive HIV test results. All testing must be conducted by
18medical personnel, but pre-test and other information may be
19provided by committed persons who have received appropriate
20training. The Department, in conjunction with the Department
21of Public Health, shall develop a plan that complies with the
22AIDS Confidentiality Act to deliver confidentially all
23positive or negative HIV test results to inmates or former
24inmates. Nothing in this Section shall require the Department
25to offer HIV testing to an inmate who is known to be infected
26with HIV, or who has been tested for HIV within the previous

 

 

HB0184- 8 -LRB102 03791 RLC 13804 b

1180 days and whose documented HIV test result is available to
2the Department electronically. The testing provided under this
3subsection (l) shall consist of a test approved by the
4Illinois Department of Public Health to determine the presence
5of HIV infection, based upon recommendations of the United
6States Centers for Disease Control and Prevention. If the test
7result is positive, a reliable supplemental test based upon
8recommendations of the United States Centers for Disease
9Control and Prevention shall be administered.
10    Prior to the release of an inmate who the Department knows
11has tested positive for infection with HIV, the Department in
12a timely manner shall offer the inmate transitional case
13management, including referrals to other support services.
14    (m) The chief administrative officer of each institution
15or facility of the Department shall make a room in the
16institution or facility available for substance use disorder
17services to be provided to committed persons on a voluntary
18basis. The services shall be provided for one hour once a week
19at a time specified by the chief administrative officer of the
20institution or facility if the following conditions are met:
21        (1) the substance use disorder service contacts the
22    chief administrative officer to arrange the meeting;
23        (2) the committed person may attend the meeting for
24    substance use disorder services only if the committed
25    person uses pre-existing free time already available to
26    the committed person;

 

 

HB0184- 9 -LRB102 03791 RLC 13804 b

1        (3) all disciplinary and other rules of the
2    institution or facility remain in effect;
3        (4) the committed person is not given any additional
4    privileges to attend substance use disorder services;
5        (5) if the substance use disorder service does not
6    arrange for scheduling a meeting for that week, no
7    substance use disorder services shall be provided to the
8    committed person in the institution or facility for that
9    week;
10        (6) the number of committed persons who may attend a
11    substance use disorder meeting shall not exceed 40 during
12    any session held at the correctional institution or
13    facility;
14        (7) a volunteer seeking to provide substance use
15    disorder services under this subsection (m) must submit an
16    application to the Department of Corrections under
17    existing Department rules and the Department must review
18    the application within 60 days after submission of the
19    application to the Department; and
20        (8) each institution and facility of the Department
21    shall manage the substance use disorder services program
22    according to its own processes and procedures.
23    For the purposes of this subsection (m), "substance use
24disorder services" means recovery services for persons with
25substance use disorders provided by volunteers of recovery
26support services recognized by the Department of Human

 

 

HB0184- 10 -LRB102 03791 RLC 13804 b

1Services.
2(Source: P.A. 100-759, eff. 1-1-19; 100-1051, eff. 1-1-19;
3101-81, eff. 7-12-19; 101-86, eff. 1-1-20.)
 
4    (730 ILCS 5/3-10-2)  (from Ch. 38, par. 1003-10-2)
5    Sec. 3-10-2. Examination of persons committed to the
6Department of Juvenile Justice.
7    (a) A person committed to the Department of Juvenile
8Justice shall be examined in regard to his medical,
9psychological, social, educational and vocational condition
10and history, including the use of alcohol and other drugs, the
11circumstances of his offense and any other information as the
12Department of Juvenile Justice may determine.
13    (a-5) Upon admission of a person committed to the
14Department of Juvenile Justice, the Department of Juvenile
15Justice must provide the person with appropriate information
16concerning HIV and AIDS in writing, verbally, or by video or
17other electronic means. The Department of Juvenile Justice
18shall develop the informational materials in consultation with
19the Department of Public Health. At the same time, the
20Department of Juvenile Justice also must offer the person the
21option of being tested, at no charge to the person, for
22infection with human immunodeficiency virus (HIV). Pre-test
23information shall be provided to the committed person and
24informed consent obtained as required in subsection (q) of
25Section 3 and Section 5 of the AIDS Confidentiality Act. The

 

 

HB0184- 11 -LRB102 03791 RLC 13804 b

1Department of Juvenile Justice may conduct opt-out HIV testing
2as defined in Section 4 of the AIDS Confidentiality Act. If the
3Department conducts opt-out HIV testing, the Department shall
4place signs in English, Spanish and other languages as needed
5in multiple, highly visible locations in the area where HIV
6testing is conducted informing inmates that they will be
7tested for HIV unless they refuse, and refusal or acceptance
8of testing shall be documented in the inmate's medical record.
9The Department shall follow procedures established by the
10Department of Public Health to conduct HIV testing and testing
11to confirm positive HIV test results. All testing must be
12conducted by medical personnel, but pre-test and other
13information may be provided by committed persons who have
14received appropriate training. The Department, in conjunction
15with the Department of Public Health, shall develop a plan
16that complies with the AIDS Confidentiality Act to deliver
17confidentially all positive or negative HIV test results to
18inmates or former inmates. Nothing in this Section shall
19require the Department to offer HIV testing to an inmate who is
20known to be infected with HIV, or who has been tested for HIV
21within the previous 180 days and whose documented HIV test
22result is available to the Department electronically. The
23testing provided under this subsection (a-5) shall consist of
24a test approved by the Illinois Department of Public Health to
25determine the presence of HIV infection, based upon
26recommendations of the United States Centers for Disease

 

 

HB0184- 12 -LRB102 03791 RLC 13804 b

1Control and Prevention. If the test result is positive, a
2reliable supplemental test based upon recommendations of the
3United States Centers for Disease Control and Prevention shall
4be administered.
5    Also, upon the admission of a person committed to the
6Department of Juvenile Justice, the Department of Juvenile
7Justice must inform the person of the Department's obligation
8to provide the person with medical care.
9    (b) Based on its examination, the Department of Juvenile
10Justice may exercise the following powers in developing a
11treatment program of any person committed to the Department of
12Juvenile Justice:
13        (1) Require participation by him in vocational,
14    physical, educational and corrective training and
15    activities to return him to the community.
16        (2) Place him in any institution or facility of the
17    Department of Juvenile Justice.
18        (3) Order replacement or referral to the Parole and
19    Pardon Board as often as it deems desirable. The
20    Department of Juvenile Justice shall refer the person to
21    the Parole and Pardon Board as required under Section
22    3-3-4.
23        (4) Enter into agreements with the Secretary of Human
24    Services and the Director of Children and Family Services,
25    with courts having probation officers, and with private
26    agencies or institutions for separate care or special

 

 

HB0184- 13 -LRB102 03791 RLC 13804 b

1    treatment of persons subject to the control of the
2    Department of Juvenile Justice.
3    (c) The Department of Juvenile Justice shall make periodic
4reexamination of all persons under the control of the
5Department of Juvenile Justice to determine whether existing
6orders in individual cases should be modified or continued.
7This examination shall be made with respect to every person at
8least once annually.
9    (d) A record of the treatment decision, including any
10modification thereof and the reason therefor, shall be part of
11the committed person's master record file.
12    (e) The Department of Juvenile Justice shall by regular
13mail and telephone or electronic message notify the parent,
14guardian, or nearest relative of any person committed to the
15Department of Juvenile Justice of his or her physical location
16and any change of his or her physical location.
17    (f) Each institution and facility of the Department of
18Juvenile Justice shall provide educational and vocational
19training for all persons committed to the Department.
20(Source: P.A. 100-19, eff. 1-1-18; 100-700, eff. 8-3-18;
21101-81, eff. 7-12-19.)