Illinois General Assembly - Full Text of HB5431
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 HB5431  103rd General Assembly

HB5431enr 103RD GENERAL ASSEMBLY

 


 
HB5431 EnrolledLRB103 39388 AWJ 69563 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Sections 3-15003, 3-15003.6, 3-15003.7, 3-15003.8, 3-15003.9,
6and 3-15003.10 and by adding Sections 3-15003.11 and
73-15003.12 as follows:
 
8    (55 ILCS 5/3-15003)  (from Ch. 34, par. 3-15003)
9    Sec. 3-15003. Powers and duties. Under the direction of
10the Sheriff the Department shall have the powers and duties
11enumerated as follows:
12    (a) To operate and have jurisdiction over the county jail,
13municipal houses of correction within the county and any other
14penal, corrections or committed person prisoner diagnostic
15center facility operated by either the county jail or
16municipal houses of correction.
17    (b) To have charge of all committed persons prisoners held
18in any institution, center or other facility in the county
19over which it has jurisdiction under subsection (a) of this
20Section, whether they are misdemeanants, felons, persons held
21for trial, persons held in protective custody, persons held
22for transfer to other detention facilities or persons held for
23non-payment of fines, for violations of ordinances or any

 

 

HB5431 Enrolled- 2 -LRB103 39388 AWJ 69563 b

1other quasi-criminal charges. Nothing in this Division applies
2to minors subject to proceedings under the Juvenile Court Act
3of 1987. It may transfer or recommit any committed person
4prisoner from one institution, center or other such facility
5to any other institution, center or other facility whenever it
6determines that such transfer or recommitment would promote
7the welfare or rehabilitation of the committed person
8prisoner, or that such transfer or recommitment is necessary
9to relieve overcrowding.
10    (c) To establish diagnostic, classification and
11rehabilitation services and programs at the county jail and
12such other facilities over which it has jurisdiction under
13subsection (a) of this Section as may be appropriate.
14    (d) To establish, whenever feasible, separate detention
15and commitment facilities and utilize the facilities over
16which it has jurisdiction under subsection (a) of this Section
17in a manner which provides separate detention and commitment
18facilities.
19(Source: P.A. 86-962.)
 
20    (55 ILCS 5/3-15003.6)
21    Sec. 3-15003.6. Pregnant committed persons female
22prisoners.
23    (a) Definitions. For the purpose of this Section and the
24Sections preceding Section 3-15004 Sections 3-15003.7,
253-15003.8, 3-15003.9, and 3-15003.10:

 

 

HB5431 Enrolled- 3 -LRB103 39388 AWJ 69563 b

1        (1) "Restraints" means any physical restraint or
2    mechanical device used to control the movement of a
3    prisoner's body or limbs, or both, including, but not
4    limited to, flex cuffs, soft restraints, hard metal
5    handcuffs, a black box, Chubb cuffs, leg irons, belly
6    chains, a security (tether) chain, or a convex shield, or
7    shackles of any kind.
8        (2) "Labor" means the period of time before a birth
9    and shall include any medical condition in which an
10    individual a woman is sent or brought to the hospital for
11    the purpose of delivering a her baby. These situations
12    include: induction of labor, prodromal labor, pre-term
13    labor, prelabor rupture of membranes, the 3 stages of
14    active labor, uterine hemorrhage during the third
15    trimester of pregnancy, and caesarian delivery including
16    pre-operative preparation.
17        (3) "Postpartum" means the 6-week period following
18    birth unless determined to be a longer period by a
19    physician, advanced practice registered nurse, physician
20    assistant, or other qualified medical professional.
21    "Post-partum" means, as determined by her physician,
22    advanced practice registered nurse, or physician
23    assistant, the period immediately following delivery,
24    including the entire period a woman is in the hospital or
25    infirmary after birth.
26        (4) "Correctional institution" means any entity under

 

 

HB5431 Enrolled- 4 -LRB103 39388 AWJ 69563 b

1    the authority of a county law enforcement division of a
2    county of more than 3,000,000 inhabitants that has the
3    power to detain or restrain, or both, a person under the
4    laws of the State.
5        (5) "Corrections official" means the official that is
6    responsible for oversight of a correctional institution,
7    or his or her designee.
8        (6) "Committed person" "Prisoner" means any person
9    incarcerated or detained in any facility who is accused
10    of, convicted of, sentenced for, or adjudicated delinquent
11    for, violations of criminal law or the terms and
12    conditions of parole, probation, pretrial release, or
13    diversionary program, and any person detained under the
14    immigration laws of the United States at any correctional
15    facility.
16        (7) "Extraordinary circumstance" means an
17    extraordinary medical or security circumstance, including
18    a substantial flight risk, that dictates restraints be
19    used to ensure the safety and security of the committed
20    person prisoner, the staff of the correctional institution
21    or medical facility, other committed persons prisoners, or
22    the public.
23        (8) "Participant' means an individual placed into an
24    electronic monitoring program, as defined by Section
25    5-8A-2 of the Unified Code of Corrections.
26    (b) A county department of corrections shall not apply

 

 

HB5431 Enrolled- 5 -LRB103 39388 AWJ 69563 b

1security restraints to a committed person prisoner that has
2been determined by a qualified medical professional to be
3pregnant or otherwise and is known by the county department of
4corrections to be pregnant or in postpartum recovery, which is
5the entire period a woman is in the medical facility after
6birth, unless the corrections official makes an individualized
7determination that the committed person prisoner presents a
8substantial flight risk or some other extraordinary
9circumstance that dictates security restraints be used to
10ensure the safety and security of the committed person
11prisoner, committed person's her child or unborn child, the
12staff of the county department of corrections or medical
13facility, other committed persons prisoners, or the public.
14The protections set out in clauses (b)(3) and (b)(4) of this
15Section shall apply to security restraints used pursuant to
16this subsection. The corrections official shall immediately
17remove all restraints upon the written or oral request of
18medical personnel. The corrections official shall immediately
19remove all approved electronic monitoring devices, as that
20term is defined in Section 5-8A-2 of the Unified Code of
21Corrections, of a pregnant participant during labor and
22delivery or earlier upon the written or oral request of
23medical personnel. Oral requests made by medical personnel
24shall be verified in writing as promptly as reasonably
25possible.
26        (1) Qualified authorized health staff shall have the

 

 

HB5431 Enrolled- 6 -LRB103 39388 AWJ 69563 b

1    authority to order therapeutic restraints for a pregnant
2    or postpartum committed person prisoner who is a danger to
3    the committed person, the committed person's herself, her
4    child, unborn child, or other persons due to a psychiatric
5    or medical disorder. Therapeutic restraints may only be
6    initiated, monitored and discontinued by qualified and
7    authorized health staff and used to safely limit a
8    committed person's prisoner's mobility for psychiatric or
9    medical reasons. No order for therapeutic restraints shall
10    be written unless medical or mental health personnel,
11    after personally observing and examining the committed
12    person prisoner, are clinically satisfied that the use of
13    therapeutic restraints is justified and permitted in
14    accordance with hospital policies and applicable State
15    law. Metal handcuffs or shackles are not considered
16    therapeutic restraints.
17        (2) Whenever therapeutic restraints are used by
18    medical personnel, Section 2-108 of the Mental Health and
19    Developmental Disabilities Code shall apply.
20        (3) Leg irons, shackles or waist shackles shall not be
21    used on any pregnant or postpartum committed person
22    prisoner regardless of security classification. Except for
23    therapeutic restraints under clause (b)(2), no restraints
24    of any kind may be applied to committed persons prisoners
25    during labor.
26        (4) When a pregnant or postpartum committed person

 

 

HB5431 Enrolled- 7 -LRB103 39388 AWJ 69563 b

1    prisoner must be restrained, restraints used shall be the
2    least restrictive restraints possible to ensure the safety
3    and security of the committed person prisoner, the
4    committed person's her child, unborn child, the staff of
5    the county department of corrections or medical facility,
6    other committed persons prisoners, or the public, and in
7    no case shall include leg irons, shackles or waist
8    shackles.
9        (5) Upon the pregnant committed person's prisoner's
10    entry into a hospital room, and completion of initial room
11    inspection, a corrections official shall be posted
12    immediately outside the hospital room, unless requested to
13    be in the room by medical personnel attending to the
14    committed person's prisoner's medical needs.
15        (6) The county department of corrections shall provide
16    adequate corrections personnel to monitor the pregnant
17    committed person prisoner during the committed person's
18    her transport to and from the hospital and during the
19    committed person's her stay at the hospital.
20        (7) Where the county department of corrections
21    requires committed person prisoner safety assessments, a
22    corrections official may enter the hospital room to
23    conduct periodic committed person prisoner safety
24    assessments, except during a medical examination or the
25    delivery process.
26        (8) (Blank). Upon discharge from a medical facility,

 

 

HB5431 Enrolled- 8 -LRB103 39388 AWJ 69563 b

1    postpartum prisoners shall be restrained only with
2    handcuffs in front of the body during transport to the
3    county department of corrections. A corrections official
4    shall immediately remove all security restraints upon
5    written or oral request by medical personnel. Oral
6    requests made by medical personnel shall be verified in
7    writing as promptly as reasonably possible.
8    (c) Enforcement. No later than 30 days before the end of
9each fiscal year, the county sheriff or corrections official
10of the correctional institution where a pregnant or postpartum
11committed person prisoner has been restrained pursuant to this
12Section during that previous fiscal year, shall submit a
13written report to the Jail and Detention Standards Unit of the
14Department of Corrections, in a form and manner prescribed by
15the Department, Illinois General Assembly and the Office of
16the Governor that includes an account of every instance of
17prisoner restraint pursuant to this Section. The written
18report shall state the date, time, location and rationale for
19each instance in which restraints are used. The written report
20shall not contain any individually identifying information of
21any committed person prisoner. Such reports shall be made
22available for public inspection.
23    (d) Data reporting. No later than 30 days before the end of
24each fiscal year, each county sheriff shall submit a written
25report to the Jail and Detention Standards Unit of the
26Department of Corrections, in a form and manner prescribed by

 

 

HB5431 Enrolled- 9 -LRB103 39388 AWJ 69563 b

1the Department, that includes the number of pregnant committed
2persons in custody each year and the number of people who
3deliver or miscarry while in custody. The written reports
4shall not contain any individually identifying information of
5a committed person. The written reports shall be made
6available for public inspection.
7(Source: P.A. 100-513, eff. 1-1-18; 101-652, eff. 7-1-21.)
 
8    (55 ILCS 5/3-15003.7)
9    Sec. 3-15003.7. Corrections official training related to
10pregnant committed persons prisoners.
11    (a) A county department of corrections shall provide
12training relating to medical and mental health care issues
13applicable to pregnant committed persons prisoners to:
14        (1) each corrections official employed by a county
15    department at a correctional institution in which female
16    committed persons prisoners are confined; and
17        (2) any other county department of corrections
18    employee whose duties involve contact with pregnant
19    committed persons prisoners.
20    (b) The training must include information regarding:
21        (1) appropriate care for pregnant committed persons
22    prisoners; and
23        (2) the impact on a pregnant committed person prisoner
24    and the committed person's prisoner's unborn child of:
25            (A) the use of restraints;

 

 

HB5431 Enrolled- 10 -LRB103 39388 AWJ 69563 b

1            (B) placement in administrative segregation; and
2            (C) invasive searches.
3(Source: P.A. 101-652, eff. 7-1-21.)
 
4    (55 ILCS 5/3-15003.8)
5    Sec. 3-15003.8. Educational programming and information
6for pregnant committed persons prisoners.
7    (a) The Illinois Department of Public Health shall provide
8the county department of corrections with educational
9programming relating to pregnancy and parenting and the county
10department of corrections shall provide the programming to
11pregnant committed persons prisoners. The programming must
12include instruction regarding:
13        (1) appropriate prenatal care and hygiene;
14        (2) the effects of prenatal exposure to alcohol and
15    drugs on a developing fetus;
16        (3) parenting skills; and
17        (4) medical and mental health issues applicable to
18    children.
19    (b) Each county department of corrections shall provide
20written informational materials concerning the laws pertaining
21to pregnant committed persons to any pregnant or postpartum
22individual. The Department of Public Health shall provide
23these informational materials to the warden of the county
24department of corrections at no cost to the county and the
25county may accept informational materials from community-based

 

 

HB5431 Enrolled- 11 -LRB103 39388 AWJ 69563 b

1organizations specializing in the rights of pregnant committed
2persons. The informational materials must include information
3regarding:
4        (1) the prohibition against the use of restraints;
5        (2) rules concerning the treatment of pregnant
6    committed persons, including those relating to bed height
7    and supplemental nutrition;
8        (3) the right to spend time with a child following
9    delivery;
10        (4) the requirement to provide educational
11    programming;
12        (5) all rights under the Reproductive Health Act;
13        (6) the procedure for obtaining an abortion, if so
14    desired;
15        (7) the procedure for obtaining information about
16    guardianship or adoption resources, if so desired;
17        (8) any new or additional laws concerning the rights
18    of pregnant committed persons; and
19        (9) the address or contact information for community
20    organizations specializing in the rights of pregnant
21    committed persons for questions or concerns.
22    (c) Each county department of corrections must also post
23informational flyers provided by the Department of Public
24Health wherever pregnant committed persons may be housed.
25(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
 

 

 

HB5431 Enrolled- 12 -LRB103 39388 AWJ 69563 b

1    (55 ILCS 5/3-15003.9)
2    Sec. 3-15003.9. Committed person postpartum Prisoner
3post-partum recovery requirements. A county department of
4corrections shall ensure that, for a period of 72 hours after
5the birth of an infant by a committed person prisoner:
6        (1) the infant is allowed to remain with the committed
7    person prisoner, unless a medical professional determines
8    doing so would pose a health or safety risk to the
9    committed person prisoner or infant; and
10        (2) the committed person prisoner has access to any
11    nutritional or hygiene-related products necessary to care
12    for the infant, including diapers.
13(Source: P.A. 101-652, eff. 7-1-21.)
 
14    (55 ILCS 5/3-15003.10)
15    Sec. 3-15003.10. Housing requirements applicable to
16pregnant committed persons prisoners.
17    (a) A county department of corrections may not place in
18administrative segregation a committed person prisoner who is
19pregnant or who gave birth during the preceding 30 days unless
20the director of the county department of corrections or the
21director's designee determines that the placement is necessary
22based on a reasonable belief that the committed person
23prisoner will harm herself, the committed person's prisoner's
24infant, or any other person or will attempt escape.
25    (b) A county department of corrections may not assign a

 

 

HB5431 Enrolled- 13 -LRB103 39388 AWJ 69563 b

1pregnant committed person prisoner to any bed that is elevated
2more than 3 feet above the floor.
3(Source: P.A. 101-652, eff. 7-1-21.)
 
4    (55 ILCS 5/3-15003.11 new)
5    Sec. 3-15003.11. Supplemental nutrition during pregnancy
6or lactation. A committed person who is pregnant or lactating,
7including a committed person who is nursing a baby or pumping
8breastmilk, shall be provided supplemental nutrition of at
9least 300 calories per day. This supplemental nutrition shall
10be in addition to any regularly provided food and shall be
11available outside of regular mealtimes.
 
12    (55 ILCS 5/3-15003.12 new)
13    Sec. 3-15003.12. Medical screening; pregnancy test. When a
14person with a uterus is committed to a facility, the person
15shall within 14 days be given a medical screening and offered a
16pregnancy test.
 
17    Section 10. The Health Care Violence Prevention Act is
18amended by changing Section 30 as follows:
 
19    (210 ILCS 160/30)
20    Sec. 30. Medical care for committed persons.
21    (a) If a committed person receives medical care and
22treatment at a place other than an institution or facility of

 

 

HB5431 Enrolled- 14 -LRB103 39388 AWJ 69563 b

1the Department of Corrections, a county, or a municipality,
2then the institution or facility shall:
3        (1) to the greatest extent practicable, notify the
4    hospital or medical facility that is treating the
5    committed person prior to the committed person's visit and
6    notify the hospital or medical facility of any significant
7    medical, mental health, recent violent actions, or other
8    safety concerns regarding the patient;
9        (2) to the greatest extent practicable, ensure the
10    transferred committed person is accompanied by the most
11    comprehensive medical records possible;
12        (3) provide at least one guard trained in custodial
13    escort and custody of high-risk committed persons to
14    accompany any committed person. The custodial agency shall
15    attest to such training for custodial escort and custody
16    of high-risk committed persons through: (A) the training
17    of the Department of Corrections, Department of Juvenile
18    Justice, or Illinois State Police; (B) law enforcement
19    training that is substantially equivalent to the training
20    of the Department of Corrections, Department of Juvenile
21    Justice, or Illinois State Police; or (C) the training
22    described in Section 35. Under no circumstances may leg
23    irons or shackles or waist shackles be used on any
24    pregnant committed person female prisoner who is in labor.
25    In addition, restraint of a pregnant committed person
26    female prisoner in the custody of the Cook County shall

 

 

HB5431 Enrolled- 15 -LRB103 39388 AWJ 69563 b

1    comply with Section 3-15003.6 of the Counties Code.
2    Additionally, restraints shall not be used on a committed
3    person if medical personnel determine that the restraints
4    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
9    by a person on the committed person's approved
10    institutional visitors list shall be subject to the rules
11    and procedures of the hospital or medical facility and the
12    Department of Corrections, county, or municipality. In any
13    situation in 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

 

 

HB5431 Enrolled- 16 -LRB103 39388 AWJ 69563 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
11of flight. Under no circumstances may leg irons or shackles or
12waist shackles be used on any pregnant committed person female
13prisoner who is in labor. In addition, restraint of a pregnant
14committed person female prisoner in the custody of the Cook
15County shall comply with Section 3-15003.6 of the Counties
16Code.
17    The hospital or medical facility may establish protocols
18for the receipt of committed persons in collaboration with the
19Department of Corrections, county, or municipality,
20specifically with regard to potentially violent persons.
21    (b) If a committed person receives medical care and
22treatment at a place other than an institution or facility of
23the Department of Juvenile Justice, then the institution or
24facility shall:
25        (1) to the greatest extent practicable, notify the
26    hospital or medical facility that is treating the

 

 

HB5431 Enrolled- 17 -LRB103 39388 AWJ 69563 b

1    committed person prior to the committed person's visit,
2    and notify the hospital or medical facility of any
3    significant medical, mental health, recent violent
4    actions, or other safety concerns regarding the patient;
5        (2) to the greatest extent practicable, ensure the
6    transferred committed person is accompanied by the most
7    comprehensive medical records possible;
8        (3) provide: (A) at least one guard trained in
9    custodial escort and custody of high-risk committed
10    persons to accompany any committed person. The custodial
11    agency shall attest to such training for custodial escort
12    and custody of high-risk committed persons through: (i)
13    the training of the Department of Corrections, Department
14    of Juvenile Justice, or Illinois State Police, (ii) law
15    enforcement training that is substantially equivalent to
16    the training of the Department of Corrections, Department
17    of Juvenile Justice, or Illinois State Police, or (iii)
18    the training described in Section 35; or (B) 2 guards to
19    accompany the committed person at all times during the
20    visit to the hospital or medical facility; and
21        (4) ensure that only medical personnel, Department of
22    Juvenile Justice personnel, and visitors on the committed
23    person's approved institutional visitors list may visit
24    the committed person. Visitation by a person on the
25    committed person's approved institutional visitors list
26    shall be subject to the rules and procedures of the

 

 

HB5431 Enrolled- 18 -LRB103 39388 AWJ 69563 b

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

 

 

HB5431 Enrolled- 19 -LRB103 39388 AWJ 69563 b

1there is a well-founded belief that the committed person
2presents a substantial risk of flight. Any restraints used on
3a committed person under this paragraph shall be the least
4restrictive restraints necessary to prevent flight or physical
5harm to the committed person or another person. Restraints
6shall not be used on the committed person as provided in this
7paragraph if medical personnel determine that the restraints
8would impede medical treatment. Under no circumstances may leg
9irons or shackles or waist shackles be used on any pregnant
10committed person female prisoner who is in labor. In addition,
11restraint of a pregnant committed person female prisoner in
12the custody of the Cook County shall comply with Section
133-15003.6 of the Counties Code.
14    The hospital or medical facility may establish protocols
15for the receipt of committed persons in collaboration with the
16Department of Juvenile Justice, specifically with regard to
17persons recently exhibiting violence.
18(Source: P.A. 102-538, eff. 8-20-21.)
 
19    Section 15. The Unified Code of Corrections is amended by
20changing Sections 3-6-7, 3-6-7.2, 3-6-7.3, and 5-8A-4 and by
21adding Sections 3-6-0.5, 3-6-7.5, and 3-6-7.6 as follows:
 
22    (730 ILCS 5/3-6-0.5 new)
23    Sec. 3-6-0.5. Definitions. As used in this Section and
24Sections 3-6-7, 3-6-7.2, 3-6-7.3, and 3-6-7.4:

 

 

HB5431 Enrolled- 20 -LRB103 39388 AWJ 69563 b

1    "Extraordinary circumstance" means an extraordinary
2medical or security circumstance, including a substantial
3flight risk, that dictates restraints be used to ensure the
4safety and security of the committed person, the staff of the
5correctional institution or medical facility, other committed
6persons, or the public.
7    "Labor" means the period of time before a birth and shall
8include any medical condition in which an individual is sent
9or brought to the hospital for the purpose of delivering a
10baby. These situations include: induction of labor, prodromal
11labor, pre-term labor, prelabor rupture of membranes, the 3
12stages of active labor, uterine hemorrhage during the third
13trimester of pregnancy, and caesarian delivery, including
14pre-operative preparation.
15    "Postpartum" means the 6-week period following birth
16unless determined to be a longer period by a physician,
17advanced practice registered nurse, physician assistant, or
18other qualified medical professional.
19    "Restraints" means any physical restraint or mechanical
20device used to control the movement of a committed person's
21body or limbs, or both, including, but not limited to, flex
22cuffs, soft restraints, hard metal handcuffs, a black box,
23Chubb cuffs, leg irons, belly chains, a security (tether)
24chain, or a convex shield, or shackles of any kind.
 
25    (730 ILCS 5/3-6-7)

 

 

HB5431 Enrolled- 21 -LRB103 39388 AWJ 69563 b

1    Sec. 3-6-7. Pregnant female committed persons.
2    (a) The Department shall not apply security restraints to
3a committed person that has been determined by a qualified
4medical professional to be pregnant or otherwise is known by
5the Department to be pregnant or in postpartum recovery,
6unless the correctional official makes an individualized
7determination that the committed person presents a substantial
8flight risk or some other extraordinary circumstance that
9dictates security restraints be used to ensure the safety and
10security of the committed person, the committed person's child
11or unborn child, the staff of the Department or medical
12facility, other committed persons, or the public. The
13protections set out in paragraphs (3) and (4) of this Section
14shall apply to security restraints used as provided in this
15subsection. The correctional officer employed by the
16Department shall immediately remove all restraints and
17approved electronic monitoring devices, as that term is
18defined in Section 5-8A-2 of the Unified Code of Corrections,
19upon the written or oral request of medical personnel. Oral
20requests made by medical personnel shall be verified in
21writing as promptly as reasonably possible.
22        (1) Qualified authorized health staff shall have the
23    authority to order therapeutic restraints for a pregnant
24    or postpartum committed person who is a danger to the
25    committed person, the committed person's child, unborn
26    child, or other persons due to a psychiatric or medical

 

 

HB5431 Enrolled- 22 -LRB103 39388 AWJ 69563 b

1    disorder. Therapeutic restraints may only be initiated,
2    monitored, and discontinued by qualified and authorized
3    health staff and used to safely limit a committed person's
4    mobility for psychiatric or medical reasons. No order for
5    therapeutic restraints shall be written unless medical or
6    mental health personnel, after personally observing and
7    examining the committed person, are clinically satisfied
8    that the use of therapeutic restraints is justified and
9    permitted in accordance with hospital policies and
10    applicable State law. Metal handcuffs or shackles are not
11    considered therapeutic restraints.
12        (2) Whenever therapeutic restraints are used by
13    medical personnel, Section 2-108 of the Mental Health and
14    Developmental Disabilities Code shall apply.
15        (3) Leg irons, shackles or waist shackles shall not be
16    used on any pregnant or postpartum committed person
17    regardless of security classification. Except for
18    therapeutic restraints under paragraph (2) of subsection
19    (b), no restraints of any kind may be applied to committed
20    persons during labor.
21        (4) When a pregnant or postpartum committed person
22    must be restrained, restraints used shall be the least
23    restrictive restraints possible to ensure the safety and
24    security of the committed person, the committed person's
25    child, unborn child, the staff of the Department or
26    medical facility, other committed persons, or the public,

 

 

HB5431 Enrolled- 23 -LRB103 39388 AWJ 69563 b

1    and in no case shall include leg irons, shackles, or waist
2    shackles.
3        (5) Upon the pregnant committed person's entry into a
4    hospital room, and completion of initial room inspection,
5    a correctional officer shall be posted immediately outside
6    the hospital room unless requested to be in the room by
7    medical personnel attending to the committed person's
8    medical needs.
9        (6) The Department shall provide adequate corrections
10    personnel to monitor the pregnant committed person during
11    the committed person's transport to and from the hospital
12    and during the committed person's stay at the hospital.
13        (7) Where the correctional institution or facility
14    requires committed person safety assessments, a
15    correctional official may enter the hospital room to
16    conduct periodic committed person safety assessments,
17    except during a medical examination or the delivery
18    process.
19    (b) No later than 30 days before the end of each fiscal
20year, the Department shall submit a written report to the
21Illinois General Assembly and the Office of the Governor that
22includes an account of every instance where a pregnant or
23postpartum committed person had restraints used pursuant to
24this Section during the previous fiscal year. The written
25report shall state the date, time, location, and rationale for
26each instance in which restraints are used. The written report

 

 

HB5431 Enrolled- 24 -LRB103 39388 AWJ 69563 b

1shall include information provided to the Jail and Detention
2Standards Unit by each county department of corrections and
3county jail. The Department's written report shall also
4include information on county department of corrections and
5county jails that did not report as required. The written
6report shall not contain any individually identifying
7information of any committed person. The report shall be made
8available for public inspection.
9    (c) No later than 30 days before the end of each fiscal
10year, the Department shall submit a written report to the
11Illinois General Assembly and the Office of the Governor that
12includes the number of pregnant committed persons in custody
13each year and the number of people who deliver or miscarry
14while in custody. The written report shall include information
15provided to the Jail and Detention Standards Unit by each
16county department of corrections and county jail. The
17Department's written report shall also include information on
18county department of corrections and county jails that did not
19report as required. The written report shall not contain any
20individually identifying information of a committed person.
21The written report shall be made available for public
22inspection Notwithstanding any other statute, directive, or
23administrative regulation, when a pregnant female committed
24person is brought to a hospital from an Illinois correctional
25center for the purpose of delivering her baby, no handcuffs,
26shackles, or restraints of any kind may be used during her

 

 

HB5431 Enrolled- 25 -LRB103 39388 AWJ 69563 b

1transport to a medical facility for the purpose of delivering
2her baby. Under no circumstances may leg irons or shackles or
3waist shackles be used on any pregnant female committed person
4who is in labor. Upon the pregnant female committed person's
5entry to the hospital delivery room, a correctional officer
6must be posted immediately outside the delivery room. The
7Department must provide for adequate personnel to monitor the
8pregnant female committed person during her transport to and
9from the hospital and during her stay at the hospital.
10(Source: P.A. 91-253, eff. 1-1-00.)
 
11    (730 ILCS 5/3-6-7.2)
12    Sec. 3-6-7.2. Educational programming and information for
13pregnant committed persons.
14    (a) The Department shall develop and provide to each
15pregnant committed person educational programming relating to
16pregnancy and parenting. The programming must include
17instruction regarding:
18        (1) appropriate prenatal care and hygiene;
19        (2) the effects of prenatal exposure to alcohol and
20    drugs on a developing fetus;
21        (3) parenting skills; and
22        (4) medical and mental health issues applicable to
23    children.
24    (b) The Department shall provide informational materials
25concerning the laws pertaining to pregnant committed persons

 

 

HB5431 Enrolled- 26 -LRB103 39388 AWJ 69563 b

1to any pregnant or postpartum individual. The Department of
2Public Health and community-based organizations specializing
3in the rights of pregnant committed persons shall provide
4these informational materials to the warden at no cost to the
5Department of Corrections or the Department of Juvenile
6Justice. The informational materials must include information
7regarding:
8        (1) the prohibition against the use of restraints;
9        (2) rules concerning the treatment of pregnant
10    committed persons, including those relating to bed height
11    and supplemental nutrition;
12        (3) the right to spend time with a child following
13    delivery;
14        (4) the requirement to provide educational
15    programming;
16        (5) all rights under the Reproductive Health Act;
17        (6) the procedure for obtaining an abortion, if so
18    desired;
19        (7) the procedure for obtaining information about
20    guardianship or adoption resources, if so desired;
21        (8) any new or additional laws concerning the rights
22    of pregnant committed persons; and
23        (9) the address or contact information for community
24    organizations specializing in the rights of pregnant
25    committed persons for questions or concerns.
26    (c) The Department must also post informational flyers

 

 

HB5431 Enrolled- 27 -LRB103 39388 AWJ 69563 b

1provided by the Department of Public Health wherever pregnant
2committed persons may be housed.
3(Source: P.A. 101-652, eff. 7-1-21; 102-813, eff. 5-13-22.)
 
4    (730 ILCS 5/3-6-7.3)
5    Sec. 3-6-7.3. Committed person postpartum post-partum
6recovery requirements. The Department shall ensure that, for a
7period of 72 hours after the birth of an infant by a committed
8person:
9        (1) the infant is allowed to remain with the committed
10    person, unless a medical professional determines doing so
11    would pose a health or safety risk to the committed person
12    or infant based on information only available to the
13    Department. The mental health professional shall make any
14    such determination on an individualized basis and in
15    consultation with the birthing team of the pregnant person
16    and the Chief of the Women's Division. The birthing team
17    shall include the committed person's perinatal care
18    providers and doula, if available; and
19        (2) the committed person has access to any nutritional
20    or hygiene-related products necessary to care for the
21    infant, including diapers.
22(Source: P.A. 102-28, eff. 6-25-21; 103-154, eff. 6-30-23.)
 
23    (730 ILCS 5/3-6-7.5 new)
24    Sec. 3-6-7.5. Supplemental nutrition during pregnancy or

 

 

HB5431 Enrolled- 28 -LRB103 39388 AWJ 69563 b

1lactation. A committed person who is pregnant or lactating,
2including a committed person who is nursing a baby or pumping
3breastmilk, shall be provided supplemental nutrition of at
4least 300 calories per day. This supplemental nutrition shall
5be in addition to any regularly provided food and shall be
6available outside of regular mealtimes.
 
7    (730 ILCS 5/3-6-7.6 new)
8    Sec. 3-6-7.6. Medical screening; pregnancy test. When a
9person with a uterus is committed to a facility, the person
10shall within 14 days be given a medical screening and offered a
11pregnancy test.
 
12    (730 ILCS 5/5-8A-4)  (from Ch. 38, par. 1005-8A-4)
13    Sec. 5-8A-4. Program description. The supervising
14authority may promulgate rules that prescribe reasonable
15guidelines under which an electronic monitoring and home
16detention program shall operate. When using electronic
17monitoring for home detention these rules may include, but not
18be limited to, the following:
19        (A) The participant may be instructed to remain within
20    the interior premises or within the property boundaries of
21    his or her residence at all times during the hours
22    designated by the supervising authority. Such instances of
23    approved absences from the home shall include, but are not
24    limited to, the following:

 

 

HB5431 Enrolled- 29 -LRB103 39388 AWJ 69563 b

1            (1) working or employment approved by the court or
2        traveling to or from approved employment;
3            (2) unemployed and seeking employment approved for
4        the participant by the court;
5            (3) undergoing medical, psychiatric, mental health
6        treatment, counseling, or other treatment programs
7        approved for the participant by the court;
8            (4) attending an educational institution or a
9        program approved for the participant by the court;
10            (5) attending a regularly scheduled religious
11        service at a place of worship;
12            (6) participating in community work release or
13        community service programs approved for the
14        participant by the supervising authority;
15            (7) for another compelling reason consistent with
16        the public interest, as approved by the supervising
17        authority; or
18            (8) purchasing groceries, food, or other basic
19        necessities.
20        (A-1) At a minimum, any person ordered to pretrial
21    home confinement with or without electronic monitoring
22    must be provided with movement spread out over no fewer
23    than two days per week, to participate in basic activities
24    such as those listed in paragraph (A). In this subdivision
25    (A-1), "days" means a reasonable time period during a
26    calendar day, as outlined by the court in the order

 

 

HB5431 Enrolled- 30 -LRB103 39388 AWJ 69563 b

1    placing the person on home confinement.
2        (B) The participant shall admit any person or agent
3    designated by the supervising authority into his or her
4    residence at any time for purposes of verifying the
5    participant's compliance with the conditions of his or her
6    detention.
7        (C) The participant shall make the necessary
8    arrangements to allow for any person or agent designated
9    by the supervising authority to visit the participant's
10    place of education or employment at any time, based upon
11    the approval of the educational institution employer or
12    both, for the purpose of verifying the participant's
13    compliance with the conditions of his or her detention.
14        (D) The participant shall acknowledge and participate
15    with the approved electronic monitoring device as
16    designated by the supervising authority at any time for
17    the purpose of verifying the participant's compliance with
18    the conditions of his or her detention.
19        (E) The participant shall maintain the following:
20            (1) access to a working telephone;
21            (2) a monitoring device in the participant's home,
22        or on the participant's person, or both; and
23            (3) a monitoring device in the participant's home
24        and on the participant's person in the absence of a
25        telephone.
26        (F) The participant shall obtain approval from the

 

 

HB5431 Enrolled- 31 -LRB103 39388 AWJ 69563 b

1    supervising authority before the participant changes
2    residence or the schedule described in subsection (A) of
3    this Section. Such approval shall not be unreasonably
4    withheld.
5        (G) The participant shall not commit another crime
6    during the period of home detention ordered by the Court.
7        (H) Notice to the participant that violation of the
8    order for home detention may subject the participant to
9    prosecution for the crime of escape as described in
10    Section 5-8A-4.1.
11        (I) The participant shall abide by other conditions as
12    set by the supervising authority.
13    The supervising authority shall adopt rules to immediately
14remove all approved electronic monitoring devices of a
15pregnant participant during labor and delivery.
16    (J) This Section takes effect January 1, 2022.
17(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
18102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)
 
19    Section 20. The County Jail Act is amended by changing
20Sections 2, 2.1, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17,
2117.5, 17.6, 17.7, 17.8, 17.9, 17.10, 19, 19.5, 20, and 21 and
22by adding Sections 10.5 and 17.11 as follows:
 
23    (730 ILCS 125/2)  (from Ch. 75, par. 102)
24    Sec. 2. The Sheriff of each county in this State shall be

 

 

HB5431 Enrolled- 32 -LRB103 39388 AWJ 69563 b

1the warden of the jail of the county, and have the custody of
2all committed persons prisoners in the jail, except when
3otherwise provided in the "County Department of Corrections
4Act".
5(Source: P.A. 83-1073.)
 
6    (730 ILCS 125/2.1)  (from Ch. 75, par. 102.1)
7    Sec. 2.1. New jail. The sheriff of each county in this
8State shall be the warden of any new jail facility constructed
9or otherwise acquired in the county and shall have the custody
10of all committed persons prisoners in that facility, except
11when otherwise provided in Division 3-15 of the Counties Code.
12(Source: P.A. 87-645.)
 
13    (730 ILCS 125/4)  (from Ch. 75, par. 104)
14    Sec. 4. The Warden of the jail shall receive and confine in
15such jail, until discharged by due course of law, all persons
16committed to such jail by any competent authority.
17    When there is no county jail facility operating in a
18county, arresting agencies shall be responsible for delivering
19persons arrested to an adjoining county jail facility, if the
20adjoining county has entered into a written agreement with the
21committing county allowing for the maintenance of committed
22persons prisoners in the adjoining county.
23(Source: P.A. 86-570.)
 

 

 

HB5431 Enrolled- 33 -LRB103 39388 AWJ 69563 b

1    (730 ILCS 125/5)  (from Ch. 75, par. 105)
2    Sec. 5. Costs of maintaining committed persons prisoners.
3    (a) Except as provided in subsections (b) and (c), all
4costs of maintaining persons committed for violations of
5Illinois law, shall be the responsibility of the county.
6Except as provided in subsection (b), all costs of maintaining
7persons committed under any ordinance or resolution of a unit
8of local government, including medical costs, is the
9responsibility of the unit of local government enacting the
10ordinance or resolution, and arresting the person.
11    (b) If a person who is serving a term of mandatory
12supervised release for a felony is incarcerated in a county
13jail, the Illinois Department of Corrections shall pay the
14county in which that jail is located one-half of the cost of
15incarceration, as calculated by the Governor's Office of
16Management and Budget and the county's chief financial
17officer, for each day that the person remains in the county
18jail after notice of the incarceration is given to the
19Illinois Department of Corrections by the county, provided
20that (i) the Illinois Department of Corrections has issued a
21warrant for an alleged violation of mandatory supervised
22release by the person; (ii) if the person is incarcerated on a
23new charge, unrelated to the offense for which he or she is on
24mandatory supervised release, there has been a court hearing
25at which the conditions of pretrial release have been set on
26the new charge; (iii) the county has notified the Illinois

 

 

HB5431 Enrolled- 34 -LRB103 39388 AWJ 69563 b

1Department of Corrections that the person is incarcerated in
2the county jail, which notice shall not be given until the
3hearing has concluded, if the person is incarcerated on a new
4charge; and (iv) the person remains incarcerated in the county
5jail for more than 48 hours after the notice has been given to
6the Department of Corrections by the county. Calculation of
7the per diem cost shall be agreed upon prior to the passage of
8the annual State budget.
9    (c) If a person who is serving a term of mandatory
10supervised release is incarcerated in a county jail, following
11an arrest on a warrant issued by the Illinois Department of
12Corrections, solely for violation of a condition of mandatory
13supervised release and not on any new charges for a new
14offense, then the Illinois Department of Corrections shall pay
15the medical costs incurred by the county in securing treatment
16for that person, for any injury or condition other than one
17arising out of or in conjunction with the arrest of the person
18or resulting from the conduct of county personnel, while he or
19she remains in the county jail on the warrant issued by the
20Illinois Department of Corrections.
21(Source: P.A. 101-652, eff. 1-1-23.)
 
22    (730 ILCS 125/7)  (from Ch. 75, par. 107)
23    Sec. 7. On the first day of each month, the warden of the
24jail of the county shall prepare a list of all committed
25persons prisoners in his custody, specifying the causes for

 

 

HB5431 Enrolled- 35 -LRB103 39388 AWJ 69563 b

1which and the persons by whom they were committed, and make
2available to the court his calendar of committed persons
3prisoners.
4(Source: P.A. 83-1073.)
 
5    (730 ILCS 125/9)  (from Ch. 75, par. 109)
6    Sec. 9. When there is no jail or other penal institution in
7a county, or the jail or other penal institution of the county
8is insufficient, the sheriff may commit any person in his
9custody, either on civil or criminal process, to the nearest
10sufficient jail of another county, and the warden of the jail
11of such county shall receive and confine such committed person
12prisoner, until removed by order of the court having
13jurisdiction of the offense, or discharged by due course of
14law.
15(Source: P.A. 83-1073.)
 
16    (730 ILCS 125/10)  (from Ch. 75, par. 110)
17    Sec. 10. Whenever a committed person prisoner is committed
18to the jail of one county for a criminal offense committed or
19charged to have been committed in another, or is transferred
20to another county for safe keeping or trial, the county in
21which the crime was committed, or charged to have been
22committed, shall pay the expenses of the keeping of such
23committed person prisoner. In civil suits, the plaintiff or
24defendant shall pay the expenses, in the same manner as if the

 

 

HB5431 Enrolled- 36 -LRB103 39388 AWJ 69563 b

1imprisonment had taken place in the same county where the suit
2was commenced.
3(Source: P.A. 83-1073.)
 
4    (730 ILCS 125/10.5 new)
5    Sec. 10.5. Medical screening; pregnancy test. When a
6person with a uterus is committed to a facility, the person
7shall within 14 days be given a medical screening and offered a
8pregnancy test.
 
9    (730 ILCS 125/11)  (from Ch. 75, par. 111)
10    Sec. 11. Debtors and witnesses shall not be confined in
11the same room with other committed persons prisoners; male and
12female committed persons prisoners shall not be kept in the
13same room; minors shall be kept separate from those previously
14convicted of a felony or other infamous crime; and persons
15charged with an offense shall not be confined in the same cell
16as those convicted of a crime. The confinement of those
17persons convicted of a misdemeanor or felony shall be in
18accordance with a classification system developed and
19implemented by the local jail authority.
20(Source: P.A. 87-899.)
 
21    (730 ILCS 125/12)  (from Ch. 75, par. 112)
22    Sec. 12. Whenever the Warden of the jail of any county
23deems such jail insufficient to secure the committed persons

 

 

HB5431 Enrolled- 37 -LRB103 39388 AWJ 69563 b

1prisoners confined therein, he shall give notice thereof to
2the county board.
3(Source: P.A. 83-1073.)
 
4    (730 ILCS 125/13)  (from Ch. 75, par. 113)
5    Sec. 13. Whenever the Warden of any jail shall have in his
6custody any person charged with a high crime, and there is no
7jail in his county, or the jail is insufficient, he may, with
8the advice of the judge of the circuit court of such county,
9employ a sufficient guard, not exceeding 3 persons, for the
10guarding and safe keeping of such committed person prisoner in
11his own county. The expense of such guard shall be audited and
12paid as other county expenses.
13(Source: P.A. 103-51, eff. 1-1-24.)
 
14    (730 ILCS 125/14)  (from Ch. 75, par. 114)
15    Sec. 14. At any time, in the opinion of the Warden, the
16lives or health of the committed persons prisoners are
17endangered or the security of the penal institution is
18threatened, to such a degree as to render their removal
19necessary, the Warden may cause an individual committed person
20prisoner or a group of committed persons prisoners to be
21removed to some suitable place within the county, or to the
22jail of some convenient county, where they may be confined
23until they can be safely returned to the place whence they were
24removed. No committed person prisoner charged with a felony

 

 

HB5431 Enrolled- 38 -LRB103 39388 AWJ 69563 b

1shall be removed by the warden to a Mental Health or
2Developmental Disabilities facility as defined in the Mental
3Health and Developmental Disabilities Code, except as
4specifically authorized by Article 104 or 115 of the Code of
5Criminal Procedure of 1963, or the Mental Health and
6Developmental Disabilities Code. Any place to which the
7committed persons prisoners are so removed shall, during their
8imprisonment there, be deemed, as to such committed persons
9prisoners, a prison of the county in which they were
10originally confined; but, they shall be under the care,
11government and direction of the Warden of the jail of the
12county in which they are confined. When any criminal detainee
13is transferred to the custody of the Department of Human
14Services, the warden shall supply the Department of Human
15Services with all of the legally available information as
16described in 20 Ill. Adm. Code 701.60(f). When a criminal
17detainee is delivered to the custody of the Department, the
18following information must be included with the items
19delivered:
20        (1) the sentence imposed;
21        (2) any findings of great bodily harm made by the
22    court;
23        (3) any statement by the court on the basis for
24    imposing the sentence;
25        (4) any presentence reports;
26        (5) any sex offender evaluations;

 

 

HB5431 Enrolled- 39 -LRB103 39388 AWJ 69563 b

1        (6) any substance abuse treatment eligibility
2    screening and assessment of the criminal detainee by an
3    agent designated by the State to provide assessments for
4    Illinois courts;
5        (7) the number of days, if any, which the criminal
6    detainee has been in custody and for which he or she is
7    entitled to credit against the sentence. Certification of
8    jail credit time shall include any time served in the
9    custody of the Illinois Department of Human
10    Services-Division of Mental Health or Division of
11    Developmental Disabilities, time served in another state
12    or federal jurisdiction, and any time served while on
13    probation or periodic imprisonment;
14        (8) State's Attorney's statement of facts, including
15    the facts and circumstances of the offenses for which the
16    criminal detainee was committed, any other factual
17    information accessible to the State's Attorney prior to
18    the commitment to the Department relative to the criminal
19    detainee's habits, associates, disposition, and reputation
20    or other information that may aid the Department during
21    the custody of the criminal detainee. If the statement is
22    unavailable at the time of delivery, the statement must be
23    transmitted within 10 days after receipt by the clerk of
24    the court;
25        (9) any medical or mental health records or summaries;
26        (10) any victim impact statements;

 

 

HB5431 Enrolled- 40 -LRB103 39388 AWJ 69563 b

1        (11) name of municipalities where the arrest of the
2    criminal detainee and the commission of the offense
3    occurred, if the municipality has a population of more
4    than 25,000 persons;
5        (12) all additional matters that the court directs the
6    clerk to transmit;
7        (13) a record of the criminal detainee's time and his
8    or her behavior and conduct while in the custody of the
9    county. Any action on the part of the criminal detainee
10    that might affect his or her security status with the
11    Department, including, but not limited to, an escape
12    attempt, participation in a riot, or a suicide attempt
13    should be included in the record; and
14        (14) the mittimus or sentence (judgment) order that
15    provides the following information:
16            (A) the criminal case number, names and citations
17        of the offenses, judge's name, date of sentence, and,
18        if applicable, whether the sentences are to be served
19        concurrently or consecutively;
20            (B) the number of days spent in custody; and
21            (C) if applicable, the calculation of pre-trial
22        program sentence credit awarded by the court to the
23        criminal detainee, including, at a minimum,
24        identification of the type of pre-trial program the
25        criminal detainee participated in and the number of
26        eligible days the court finds the criminal detainee

 

 

HB5431 Enrolled- 41 -LRB103 39388 AWJ 69563 b

1        spent in the pre-trial program multiplied by the
2        calculation factor of 0.5 for the total court-awarded
3        credit.
4(Source: P.A. 99-215, eff. 7-31-15.)
 
5    (730 ILCS 125/15)  (from Ch. 75, par. 115)
6    Sec. 15. The Warden of the jail shall furnish each
7committed person prisoner daily with as much clean water as
8may be necessary for drink and personal cleanliness, and serve
9him three times a day with wholesome food, well cooked and in
10sufficient quantity. The Warden of the jail in counties of the
11first and second class shall procure at the expense of the
12county, all necessary foods and provisions for the support of
13the committed persons prisoners confined in the jail, and
14shall employ suitable persons to prepare and serve the food
15for the committed persons prisoners, or otherwise provide
16suitable food service.
17(Source: P.A. 83-1073.)
 
18    (730 ILCS 125/16)  (from Ch. 75, par. 116)
19    Sec. 16. The Warden of the jail or other person shall not
20permit any committed person prisoner to send for or have any
21alcoholic beverages or controlled substances except when
22prescribed by a physician as medicine.
23(Source: P.A. 83-1073.)
 

 

 

HB5431 Enrolled- 42 -LRB103 39388 AWJ 69563 b

1    (730 ILCS 125/17)  (from Ch. 75, par. 117)
2    Sec. 17. Bedding, clothing, fuel, and medical aid;
3reimbursement for medical expenses. The Warden of the jail
4shall furnish necessary bedding, clothing, fuel, and medical
5services for all committed persons prisoners under his charge,
6and keep an accurate account of the same. When services that
7result in qualified medical expenses are required by any
8person held in custody, the county, private hospital,
9physician or any public agency which provides such services
10shall be entitled to obtain reimbursement from the county for
11the cost of such services. The county board of a county may
12adopt an ordinance or resolution providing for reimbursement
13for the cost of those services at the Department of Healthcare
14and Family Services' rates for medical assistance. To the
15extent that such person is reasonably able to pay for such
16care, including reimbursement from any insurance program or
17from other medical benefit programs available to such person,
18he or she shall reimburse the county or arresting authority.
19If such person has already been determined eligible for
20medical assistance under the Illinois Public Aid Code at the
21time the person is detained, the cost of such services, to the
22extent such cost exceeds $500, shall be reimbursed by the
23Department of Healthcare and Family Services under that Code.
24A reimbursement under any public or private program authorized
25by this Section shall be paid to the county or arresting
26authority to the same extent as would have been obtained had

 

 

HB5431 Enrolled- 43 -LRB103 39388 AWJ 69563 b

1the services been rendered in a non-custodial environment.
2    The sheriff or his or her designee may cause an
3application for medical assistance under the Illinois Public
4Aid Code to be completed for an arrestee who is a hospital
5inpatient. If such arrestee is determined eligible, he or she
6shall receive medical assistance under the Code for hospital
7inpatient services only. An arresting authority shall be
8responsible for any qualified medical expenses relating to the
9arrestee until such time as the arrestee is placed in the
10custody of the sheriff. However, the arresting authority shall
11not be so responsible if the arrest was made pursuant to a
12request by the sheriff. When medical expenses are required by
13any person held in custody, the county shall be entitled to
14obtain reimbursement from the County Jail Medical Costs Fund
15to the extent moneys are available from the Fund. To the extent
16that the person is reasonably able to pay for that care,
17including reimbursement from any insurance program or from
18other medical benefit programs available to the person, he or
19she shall reimburse the county.
20    For the purposes of this Section, "arresting authority"
21means a unit of local government, other than a county, which
22employs peace officers and whose peace officers have made the
23arrest of a person. For the purposes of this Section,
24"qualified medical expenses" include medical and hospital
25services but do not include (i) expenses incurred for medical
26care or treatment provided to a person on account of a

 

 

HB5431 Enrolled- 44 -LRB103 39388 AWJ 69563 b

1self-inflicted injury incurred prior to or in the course of an
2arrest, (ii) expenses incurred for medical care or treatment
3provided to a person on account of a health condition of that
4person which existed prior to the time of his or her arrest, or
5(iii) expenses for hospital inpatient services for arrestees
6enrolled for medical assistance under the Illinois Public Aid
7Code.
8(Source: P.A. 100-987, eff. 7-1-19.)
 
9    (730 ILCS 125/17.5)
10    Sec. 17.5. Pregnant committed persons female prisoners.
11Restraint of a pregnant or postpartum committed person shall
12comply with Section 3-15003.6 of the County Department of
13Corrections Law Notwithstanding any other statute, directive,
14or administrative regulation, when a pregnant female prisoner
15is brought to a hospital from a county jail for the purpose of
16delivering her baby, no handcuffs, shackles, or restraints of
17any kind may be used during her transport to a medical facility
18for the purpose of delivering her baby. Under no circumstances
19may leg irons or shackles or waist shackles be used on any
20pregnant female prisoner who is in labor. In addition,
21restraint of a pregnant female prisoner in the custody of the
22Cook County shall comply with Section 3-15003.6 of the
23Counties Code. Upon the pregnant female prisoner's entry to
24the hospital delivery room, 2 county correctional officers
25must be posted immediately outside the delivery room. The

 

 

HB5431 Enrolled- 45 -LRB103 39388 AWJ 69563 b

1Sheriff must provide for adequate personnel to monitor the
2pregnant female prisoner during her transport to and from the
3hospital and during her stay at the hospital.
4(Source: P.A. 100-1051, eff. 1-1-19.)
 
5    (730 ILCS 125/17.6)
6    Sec. 17.6. Sheriff training related to pregnant committed
7persons prisoners.
8    (a) The sheriff shall provide training relating to medical
9and mental health care issues applicable to pregnant committed
10persons prisoners confined in the county jail to:
11        (1) each correctional officer employed by the sheriff
12    at the county jail in which female committed persons are
13    confined; and
14        (2) any other sheriff employee whose duties involve
15    contact with pregnant committed persons prisoners.
16    (b) The training must include information regarding:
17        (1) appropriate care for pregnant committed persons
18    prisoners; and
19        (2) the impact on a pregnant committed person prisoner
20    and the committed person's prisoner's unborn child of:
21            (A) the use of restraints;
22            (B) placement in administrative segregation; and
23            (C) invasive searches.
24(Source: P.A. 101-652, eff. 7-1-21.)
 

 

 

HB5431 Enrolled- 46 -LRB103 39388 AWJ 69563 b

1    (730 ILCS 125/17.7)
2    Sec. 17.7. Educational programming and information for
3pregnant committed persons prisoners.
4    (a) The Illinois Department of Public Health shall provide
5the sheriff with educational programming relating to pregnancy
6and parenting and the sheriff shall provide the programming to
7pregnant committed persons prisoners. The programming must
8include instruction regarding:
9        (1) appropriate prenatal care and hygiene;
10        (2) the effects of prenatal exposure to alcohol and
11    drugs on a developing fetus;
12        (3) parenting skills; and
13        (4) medical and mental health issues applicable to
14    children.
15    (b) Each sheriff shall provide informational materials
16concerning the laws pertaining to pregnant committed persons
17to any pregnant or postpartum individual. The Department of
18Public Health shall provide these informational materials to
19the warden or the sheriff at no cost to the county and the
20county may accept informational materials from community-based
21organizations specializing in the rights of pregnant committed
22persons. The informational materials must include information
23regarding:
24        (1) the prohibition against the use of restraints;
25        (2) rules concerning the treatment of pregnant
26    committed persons, including those relating to bed height

 

 

HB5431 Enrolled- 47 -LRB103 39388 AWJ 69563 b

1    and supplemental nutrition;
2        (3) the right to spend time with a child following
3    delivery;
4        (4) the requirement to provide educational
5    programming;
6        (5) all rights under the Reproductive Health Act;
7        (6) the procedure for obtaining an abortion, if so
8    desired;
9        (7) the procedure for obtaining information about
10    guardianship or adoption resources, if so desired;
11        (8) any new or additional laws concerning the rights
12    of pregnant committed persons; and
13        (9) the address or contact information for community
14    organizations specializing in the rights of pregnant
15    committed persons for questions or concerns.
16    (c) Each sheriff must also post informational flyers
17provided by the Department of Public Health wherever pregnant
18committed persons may be housed.
19(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
 
20    (730 ILCS 125/17.8)
21    Sec. 17.8. Committed person postpartum Prisoner
22post-partum recovery requirements. The sheriff shall ensure
23that, for a period of 72 hours after the birth of an infant by
24a committed person prisoner:
25        (1) the infant is allowed to remain with the committed

 

 

HB5431 Enrolled- 48 -LRB103 39388 AWJ 69563 b

1    person prisoner, unless a medical professional determines
2    doing so would pose a health or safety risk to the
3    committed person prisoner or infant; and
4        (2) the committed person prisoner has access to any
5    nutritional or hygiene-related products necessary to care
6    for the infant, including diapers.
7(Source: P.A. 101-652, eff. 7-1-21.)
 
8    (730 ILCS 125/17.9)
9    Sec. 17.9. Housing requirements applicable to pregnant
10committed persons prisoners.
11    (a) The sheriff may not place in administrative
12segregation a committed person prisoner who is pregnant or who
13gave birth during the preceding 30 days unless the sheriff or
14the sheriff's designee determines that the placement is
15necessary based on a reasonable belief that the committed
16person prisoner will harm herself, the committed person's
17prisoner's infant, or any other person or will attempt escape.
18    (b) The sheriff may not assign a pregnant committed person
19to any bed that is elevated more than 3 feet above the floor.
20(Source: P.A. 101-652, eff. 7-1-21.)
 
21    (730 ILCS 125/17.10)
22    Sec. 17.10. Requirements in connection with HIV/AIDS.
23    (a) In each county other than Cook, during the medical
24admissions exam, the warden of the jail, a correctional

 

 

HB5431 Enrolled- 49 -LRB103 39388 AWJ 69563 b

1officer at the jail, or a member of the jail medical staff must
2provide the committed person prisoner with appropriate written
3information concerning human immunodeficiency virus (HIV) and
4acquired immunodeficiency syndrome (AIDS). The Department of
5Public Health and community-based organizations certified to
6provide HIV/AIDS testing must provide these informational
7materials to the warden at no cost to the county. The warden, a
8correctional officer, or a member of the jail medical staff
9must inform the committed person prisoner of the option of
10being tested for infection with HIV by a certified local
11community-based agency or other available medical provider at
12no charge to the committed person prisoner.
13    (b) In Cook County, during the medical admissions exam, an
14employee of the Cook County Health & Hospitals System must
15provide the committed person prisoner with appropriate
16information in writing, verbally or by video or other
17electronic means concerning human immunodeficiency virus (HIV)
18and acquired immunodeficiency syndrome (AIDS) and must also
19provide the committed person prisoner with option of testing
20for infection with HIV or any other identified causative agent
21of AIDS, as well as counseling in connection with such
22testing. The Cook County Health & Hospitals System may provide
23the inmate with opt-out human immunodeficiency virus (HIV)
24testing, as defined in Section 4 of the AIDS Confidentiality
25Act, unless the inmate refuses. If opt-out HIV testing is
26conducted, the Cook County Health & Hospitals System shall

 

 

HB5431 Enrolled- 50 -LRB103 39388 AWJ 69563 b

1place signs in English, Spanish, and other languages as needed
2in multiple, highly visible locations in the area where HIV
3testing is conducted informing inmates that they will be
4tested for HIV unless they refuse, and refusal or acceptance
5of testing shall be documented in the inmate's medical record.
6Pre-test information shall be provided to the inmate and
7informed consent obtained from the inmate as required in
8subsection (q) of Section 3 and Section 5 of the AIDS
9Confidentiality Act. The Cook County Health & Hospitals System
10shall follow procedures established by the Department of
11Public Health to conduct HIV testing and testing to confirm
12positive HIV test results. All aspects of HIV testing shall
13comply with the requirements of the AIDS Confidentiality Act,
14including delivery of test results, as determined by the Cook
15County Health & Hospitals System in consultation with the
16Illinois Department of Public Health. Nothing in this Section
17shall require the Cook County Health & Hospitals System to
18offer HIV testing to inmates who are known to be infected with
19HIV. The Department of Public Health and community-based
20organizations certified to provide HIV/AIDS testing may
21provide these informational materials to the Bureau at no cost
22to the county. The testing provided under this subsection (b)
23shall consist of a test approved by the Illinois Department of
24Public Health to determine the presence of HIV infection,
25based upon recommendations of the United States Centers for
26Disease Control and Prevention. If the test result is

 

 

HB5431 Enrolled- 51 -LRB103 39388 AWJ 69563 b

1positive, a reliable supplemental test based upon
2recommendations of the United States Centers for Disease
3Control and Prevention shall be administered.
4    (c) In each county, the warden of the jail must make
5appropriate written information concerning HIV/AIDS available
6to every visitor to the jail. This information must include
7information concerning persons or entities to contact for
8local counseling and testing. The Department of Public Health
9and community-based organizations certified to provide
10HIV/AIDS testing must provide these informational materials to
11the warden at no cost to the office of the county sheriff.
12    (d) Implementation of this Section is subject to
13appropriation.
14(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11;
1597-813, eff. 7-13-12; 98-1046, eff. 1-1-15.)
 
16    (730 ILCS 125/17.11 new)
17    Sec. 17.11. Supplemental nutrition during pregnancy or
18while lactating. A committed person who is pregnant or
19lactating, including a committed person who is nursing a baby
20or pumping breastmilk, shall be provided supplemental
21nutrition of at least 300 calories per day. This supplemental
22nutrition shall be in addition to any regularly provided food
23and shall be available outside of regular mealtimes.
 
24    (730 ILCS 125/19)  (from Ch. 75, par. 119)

 

 

HB5431 Enrolled- 52 -LRB103 39388 AWJ 69563 b

1    Sec. 19. The Warden of the jail shall see that strict
2attention is constantly paid to the personal cleanliness of
3all committed persons prisoners confined in the jail.
4(Source: P.A. 83-1073.)
 
5    (730 ILCS 125/19.5)
6    Sec. 19.5. Release of committed persons prisoners to law
7enforcement personnel or State's Attorney. The sheriff may
8adopt and implement a written policy that provides for the
9release of a person who is in the custody of the sheriff for
10any criminal or supposed criminal matter to sworn law
11enforcement personnel or to the State's Attorney for the
12purpose of furthering investigations into criminal matters
13that are unrelated to the criminal matter for which the person
14is held in custody. The written policy must, at a minimum,
15require that there be a written request, signed by an
16authorized agent of the law enforcement agency or State's
17Attorney office, to take custody of the committed person
18prisoner and that the written request shall include the name
19of the individual authorized to take custody of the committed
20person prisoner, the purpose and scope of the criminal matter
21under investigation, and a statement of the fact that the
22individual taking custody and agency they are employed by
23understand the limitation of the sheriff's liability as
24described in this Act. Upon the release of a person to law
25enforcement personnel or the State's Attorney under written

 

 

HB5431 Enrolled- 53 -LRB103 39388 AWJ 69563 b

1policy of the sheriff, the sheriff shall not be liable for any
2injury of any kind, including but not limited to death, to
3either the person released or to any third party that occurs
4during the time period that the person is in custody of other
5law enforcement personnel or the State's Attorney unless the
6sheriff or a deputy sheriff, correctional guard, lockup
7keeper, or county employee is guilty of willful and wanton
8conduct that proximately caused the injury.
9(Source: P.A. 92-304, eff. 8-9-01.)
 
10    (730 ILCS 125/20)  (from Ch. 75, par. 120)
11    Sec. 20. Cost and expense; commissary fund.
12    (a) The cost and expense of keeping, maintaining and
13furnishing the jail of each county, and of keeping and
14maintaining the committed person prisoner thereof, except as
15otherwise provided by law, shall be paid from the county
16treasury, the account therefor being first settled and allowed
17by the county board.
18    The county board may require convicted persons confined in
19its jail to reimburse the county for the expenses incurred by
20their incarceration to the extent of their ability to pay for
21such expenses. The warden of the jail shall establish by
22regulation criteria for a reasonable deduction from money
23credited to any account of an inmate to defray the costs to the
24county for an inmate's medical care. The State's Attorney of
25the county in which such jail is located may, if requested by

 

 

HB5431 Enrolled- 54 -LRB103 39388 AWJ 69563 b

1the County Board, institute civil actions in the circuit court
2of the county in which the jail is located to recover from such
3convicted confined persons the expenses incurred by their
4confinement. The funds recovered shall be paid into the county
5treasury.
6    (a-5) Upon notification from the Clerk of the Circuit
7Court of an outstanding fine, restitution, or costs imposed by
8the court on a jail inmate, the warden of the jail may, at any
9time prior to release of the inmate, deduct from money
10credited to any account of the inmate an amount to pay or
11reduce the outstanding balance. The warden of the jail shall
12establish by regulation criteria for deduction from money
13credited to any account of an inmate to pay or reduce the
14amount outstanding on a fine, restitution, or costs imposed by
15the court on the inmate. The regulation shall comply with any
16withholding restrictions otherwise provided by law. The inmate
17shall be provided with written notice of the amount of any
18deduction. There shall also be prominent notice by signage at
19any location where the warden of the jail or jail employees
20receive funds for deposit into an inmate's account, that funds
21in an inmate's account may be used to pay fines, restitution,
22or costs imposed on the inmate by a court. Any person providing
23funds for an inmate's account shall be notified in writing
24when the funds are provided, that funds in an inmate's account
25may be used to pay fines, restitution, or costs imposed on the
26inmate by a court.

 

 

HB5431 Enrolled- 55 -LRB103 39388 AWJ 69563 b

1    (b) When a committed person prisoner is released from the
2county jail after the completion of his or her sentence and has
3money credited to his or her account in the commissary fund,
4the sheriff or a person acting on the authority of the sheriff
5must mail a check in the amount credited to the committed
6person's prisoner's account to the committed person's
7prisoner's last known address. If after 30 days from the date
8of mailing of the check, the check is returned undelivered,
9the sheriff must transmit the amount of the check to the county
10treasurer for deposit into the commissary fund. Nothing in
11this subsection (b) constitutes a forfeiture of the committed
12person's prisoner's right to claim the money accredited to his
13or her account after the 30-day period.
14(Source: P.A. 96-432, eff. 8-13-09.)
 
15    (730 ILCS 125/21)  (from Ch. 75, par. 121)
16    Sec. 21. Whenever a committed person prisoner is committed
17to the jail of one county for a criminal offense committed or
18charged to have been committed in another, or is transferred
19to another county for safekeeping or trial, the county in
20which the crime was committed, or charged to have been
21committed, shall pay the expenses of the keeping of such
22committed person prisoner. In civil suits, the plaintiff or
23defendant shall pay the expenses, in the same manner as if the
24imprisonment had taken place in the same county where the suit
25was commenced.

 

 

HB5431 Enrolled- 56 -LRB103 39388 AWJ 69563 b

1    The County Board of the county in which the crime was
2committed, may require convicted committed persons prisoners
3transferred from such county to reimburse the county for the
4expenses incurred by their incarceration to the extent of
5their ability to pay for such expenses. The State's Attorney
6of the county which incurred the expenses, if authorized by
7the County Board, may institute civil actions in the circuit
8court of such county to recover from such convicted confined
9persons the expenses incurred by their confinement. Such
10expenses recovered shall be paid into the county treasury.
11(Source: P.A. 83-1073.)