Illinois General Assembly - Full Text of HB3831
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Full Text of HB3831  100th General Assembly

HB3831eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB3831 EngrossedLRB100 08922 RLC 19065 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 of
14such 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 State,
21subject to the acceptance of such receiving institution or
22facility, or to designate any reasonably secure place in the
23State as such an institution or facility and to make transfers

 

 

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1thereto. However, transfers made under emergency powers shall
2be reviewed as soon as practicable under Article 8, and shall
3be subject to Section 5-905 of the Juvenile Court Act of 1987.
4This Section shall not apply to transfers to the Department of
5Human Services which are provided for under Section 3-8-5 or
6Section 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 the
15Department teachers who hold Professional Educator Licenses
16issued by the State Superintendent of Education under the
17School 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

 

 

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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 subsection
5shall be determined and computed by the Department under rules
6and regulations that it shall establish for that purpose.
7However, interest at the rate of 6% per annum shall be charged
8on the balance of those costs from time to time remaining
9unpaid, from the date of the person's parole, mandatory
10supervised 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, and
22referrals to support services, in connection with that positive
23test result. Implementation of this subsection (d-5) is subject
24to appropriation.
25    (e) A person committed to the Department who becomes in
26need of medical or surgical treatment but is incapable of

 

 

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1giving consent thereto shall receive such medical or surgical
2treatment by the chief administrative officer consenting on the
3person'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 in
6this 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 to
12    such treatment; the chief administrative officer may give
13    consent for such medical or surgical treatment, and such
14    consent shall be deemed to be the consent of the person for
15    all purposes, including, but not limited to, the authority
16    of a physician to give such treatment.
17    (e-5) If a physician providing medical care to a committed
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,

 

 

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1the person may be removed therefrom under conditions prescribed
2by the Department. The Department shall require the committed
3person receiving medical or dental services on a non-emergency
4basis to pay a $5 co-payment to the Department for each visit
5for medical or dental services. The amount of each co-payment
6shall be deducted from the committed person's individual
7account. A committed person who has a chronic illness, as
8defined by Department rules and regulations, shall be exempt
9from the $5 co-payment for treatment of the chronic illness. A
10committed person shall not be subject to a $5 co-payment for
11follow-up visits ordered by a physician, who is employed by, or
12contracts with, the Department. A committed person who is
13indigent is exempt from the $5 co-payment and is entitled to
14receive medical or dental services on the same basis as a
15committed person who is financially able to afford the
16co-payment. For purposes of this Section only, "indigent" means
17a committed person who has $20 or less in his or her Inmate
18Trust Fund at the time of such services and for the 30 days
19prior to such services. Notwithstanding any other provision in
20this subsection (f) to the contrary, any person committed to
21any facility operated by the Department of Juvenile Justice, as
22set forth in Section 3-2.5-15 of this Code, is exempt from the
23co-payment requirement for the duration of confinement in those
24facilities.
25    (g) Any person having sole custody of a child at the time
26of commitment or any woman giving birth to a child after her

 

 

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1commitment, may arrange through the Department of Children and
2Family Services for suitable placement of the child outside of
3the Department of Corrections. The Director of the Department
4of Corrections may determine that there are special reasons why
5the child should continue in the custody of the mother until
6the child is 6 years old.
7    (h) The Department may provide Family Responsibility
8Services which may consist of, but not be limited to the
9following:
10        (1) family advocacy counseling;
11        (2) parent self-help group;
12        (3) parenting skills training;
13        (4) parent and child overnight program;
14        (5) parent and child reunification counseling, either
15    separately or together, preceding the inmate's release;
16    and
17        (6) a prerelease reunification staffing involving the
18    family advocate, the inmate and the child's counselor, or
19    both and the inmate.
20    (i) (Blank).
21    (j) Any person convicted of a sex offense as defined in the
22Sex Offender Management Board Act shall be required to receive
23a sex offender evaluation prior to release into the community
24from the Department of Corrections. The sex offender evaluation
25shall be conducted in conformance with the standards and
26guidelines developed under the Sex Offender Management Board

 

 

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1Act and by an evaluator approved by the Board.
2    (k) Any minor committed to the Department of Juvenile
3Justice for a sex offense as defined by the Sex Offender
4Management Board Act shall be required to undergo sex offender
5treatment by a treatment provider approved by the Board and
6conducted in conformance with the Sex Offender Management Board
7Act.
8    (l) Prior to the release of any inmate committed to a
9facility of the Department or the Department of Juvenile
10Justice, the Department must provide the inmate with
11appropriate information verbally, in writing, by video, or
12other electronic means, concerning HIV and AIDS. The Department
13shall develop the informational materials in consultation with
14the Department of Public Health. At the same time, the
15Department must also offer the committed person the option of
16testing for infection with human immunodeficiency virus (HIV),
17with no copayment for the test. Pre-test information shall be
18provided to the committed person and informed consent obtained
19as required in subsection (d) of Section 3 and Section 5 of the
20AIDS Confidentiality Act. The Department may conduct opt-out
21HIV testing as defined in Section 4 of the AIDS Confidentiality
22Act. If the Department conducts opt-out HIV testing, the
23Department shall place signs in English, Spanish and other
24languages as needed in multiple, highly visible locations in
25the area where HIV testing is conducted informing inmates that
26they will be tested for HIV unless they refuse, and refusal or

 

 

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1acceptance of testing shall be documented in the inmate's
2medical record. The Department shall follow procedures
3established by the Department of Public Health to conduct HIV
4testing and testing to confirm positive HIV test results. All
5testing must be conducted by medical personnel, but pre-test
6and other information may be provided by committed persons who
7have received appropriate training. The Department, in
8conjunction with the Department of Public Health, shall develop
9a plan that complies with the AIDS Confidentiality Act to
10deliver confidentially all positive or negative HIV test
11results to inmates or former inmates. Nothing in this Section
12shall require the Department to offer HIV testing to an inmate
13who is known to be infected with HIV, or who has been tested
14for HIV within the previous 180 days and whose documented HIV
15test result is available to the Department electronically. The
16testing provided under this subsection (l) shall consist of a
17test approved by the Illinois Department of Public Health to
18determine the presence of HIV infection, based upon
19recommendations of the United States Centers for Disease
20Control and Prevention. If the test result is positive, a
21reliable supplemental test based upon recommendations of the
22United States Centers for Disease Control and Prevention shall
23be administered.
24    Prior to the release of an inmate who the Department knows
25has tested positive for infection with HIV, the Department in a
26timely manner shall offer the inmate transitional case

 

 

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1management, including referrals to other support services.
2    (m) The chief administrative officer of each institution or
3facility of the Department shall make a room in the institution
4or facility available for addiction recovery services to be
5provided to committed persons on a voluntary basis. The
6services shall be provided for one hour once a week at a time
7specified by the chief administrative officer of the
8institution or facility if the following conditions are met:
9        (1) the addiction recovery service contacts the chief
10    administrative officer to arrange the meeting;
11        (2) the committed person may attend the meeting for
12    addiction recovery services only if the committed person
13    uses pre-existing free time already available to the
14    committed person;
15        (3) all disciplinary and other rules of the institution
16    or facility remain in effect;
17        (4) the committed person is not given any additional
18    privileges to attend addiction recovery services;
19        (5) if the addiction recovery service does not arrange
20    for scheduling a meeting for that week, no addiction
21    recovery services shall be provided to the committed person
22    in the institution or facility for that week;
23        (6) the number of committed persons who may attend an
24    addiction recovery meeting shall not exceed 40 during any
25    session held at the correctional institution or facility;
26        (7) a volunteer seeking to provide addiction recovery

 

 

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1    services under this subsection (m) must submit an
2    application to the Department of Corrections under
3    existing Department rules and the Department must review
4    the application within 60 days after submission of the
5    application to the Department; and
6        (8) each institution and facility of the Department
7    shall manage the addiction recovery services program
8    according to its own processes and procedures.
9    For the purposes of this subsection (m), "addiction
10recovery services" means recovery services for alcoholics and
11addicts provided by volunteers of recovery support services
12recognized by the Department of Human Services.
13(Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323,
14eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12;
1597-813, eff. 7-13-12.)
 
16    (730 ILCS 5/3-10-2)  (from Ch. 38, par. 1003-10-2)
17    Sec. 3-10-2. Examination of Persons Committed to the
18Department of Juvenile Justice.
19    (a) A person committed to the Department of Juvenile
20Justice shall be examined in regard to his medical,
21psychological, social, educational and vocational condition
22and history, including the use of alcohol and other drugs, the
23circumstances of his offense and any other information as the
24Department of Juvenile Justice may determine.
25    (a-5) Upon admission of a person committed to the

 

 

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1Department of Juvenile Justice, the Department of Juvenile
2Justice must provide the person with appropriate information
3concerning HIV and AIDS in writing, verbally, or by video or
4other electronic means. The Department of Juvenile Justice
5shall develop the informational materials in consultation with
6the Department of Public Health. At the same time, the
7Department of Juvenile Justice also must offer the person the
8option of being tested, at no charge to the person, for
9infection with human immunodeficiency virus (HIV). Pre-test
10information shall be provided to the committed person and
11informed consent obtained as required in subsection (q) of
12Section 3 and Section 5 of the AIDS Confidentiality Act. The
13Department of Juvenile Justice may conduct opt-out HIV testing
14as defined in Section 4 of the AIDS Confidentiality Act. If the
15Department conducts opt-out HIV testing, the Department shall
16place signs in English, Spanish and other languages as needed
17in multiple, highly visible locations in the area where HIV
18testing is conducted informing inmates that they will be tested
19for HIV unless they refuse, and refusal or acceptance of
20testing shall be documented in the inmate's medical record. The
21Department shall follow procedures established by the
22Department of Public Health to conduct HIV testing and testing
23to confirm positive HIV test results. All testing must be
24conducted by medical personnel, but pre-test and other
25information may be provided by committed persons who have
26received appropriate training. The Department, in conjunction

 

 

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1with the Department of Public Health, shall develop a plan that
2complies with the AIDS Confidentiality Act to deliver
3confidentially all positive or negative HIV test results to
4inmates or former inmates. Nothing in this Section shall
5require the Department to offer HIV testing to an inmate who is
6known to be infected with HIV, or who has been tested for HIV
7within the previous 180 days and whose documented HIV test
8result is available to the Department electronically. The
9testing provided under this subsection (a-5) shall consist of a
10test approved by the Illinois Department of Public Health to
11determine the presence of HIV infection, based upon
12recommendations of the United States Centers for Disease
13Control and Prevention. If the test result is positive, a
14reliable supplemental test based upon recommendations of the
15United States Centers for Disease Control and Prevention shall
16be administered.
17    Also upon admission of a person committed to the Department
18of Juvenile Justice, the Department of Juvenile Justice must
19inform the person of the Department's obligation to provide the
20person with medical care.
21    (b) Based on its examination, the Department of Juvenile
22Justice may exercise the following powers in developing a
23treatment program of any person committed to the Department of
24Juvenile Justice:
25        (1) Require participation by him in vocational,
26    physical, educational and corrective training and

 

 

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1    activities to return him to the community.
2        (2) Place him in any institution or facility of the
3    Department of Juvenile Justice.
4        (3) Order replacement or referral to the Parole and
5    Pardon Board as often as it deems desirable. The Department
6    of Juvenile Justice shall refer the person to the Parole
7    and Pardon Board as required under Section 3-3-4.
8        (4) Enter into agreements with the Secretary of Human
9    Services and the Director of Children and Family Services,
10    with courts having probation officers, and with private
11    agencies or institutions for separate care or special
12    treatment of persons subject to the control of the
13    Department of Juvenile Justice.
14    (c) The Department of Juvenile Justice shall make periodic
15reexamination of all persons under the control of the
16Department of Juvenile Justice to determine whether existing
17orders in individual cases should be modified or continued.
18This examination shall be made with respect to every person at
19least once annually.
20    (d) A record of the treatment decision including any
21modification thereof and the reason therefor, shall be part of
22the committed person's master record file.
23    (e) The Department of Juvenile Justice shall by certified
24mail and telephone or electronic message notify the parent,
25guardian or nearest relative of any person committed to the
26Department of Juvenile Justice of his or her physical location

 

 

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1and any change thereof.
2    (f) Each institution and facility of the Department of
3Juvenile Justice shall provide educational and vocational
4training for all persons committed to the Department.
5(Source: P.A. 98-689, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78,
6eff. 7-20-15.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.