Full Text of HB1748 97th General Assembly
HB1748 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1748 Introduced , by Rep. Camille Y Lilly SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-6-2 | from Ch. 38, par. 1003-6-2 |
730 ILCS 5/3-8-2 | from Ch. 38, par. 1003-8-2 |
730 ILCS 5/3-10-2 | from Ch. 38, par. 1003-10-2 |
730 ILCS 125/17.10 | |
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Amends the Unified Code of Corrections. Provides that prior to the release of any inmate committed to a facility of the Department of Corrections or the Department of Juvenile Justice, the Department must provide the inmate with appropriate information in writing, by video, or other electronic means, concerning HIV and AIDS. Provides that the Department shall develop the informational materials in consultation with the Department of Public Health. Provides that at the same time, the Department must also offer the committed person the option of testing for infection with human immunodeficiency virus (HIV), with no copayment for the test. Provides that pre-test information shall be provided to the committed person and informed consent obtained as required in the AIDS Confidentiality Act. Provides that the Department may conduct opt-out HIV testing. Provides that the Department shall follow procedures established by the Department of Public Health to conduct HIV testing and testing to confirm positive HIV test results. Eliminates references to the ELISA test and the Western Blot Assay test. Eliminates provision that HIV information and testing provided to inmates is subject to appropriation. Amends the County Jail Act. Provides that inmates of the Cook County Jail shall be provided information and testing conducted by an employee of the Cook County Health & Hospitals System (rather than the Bureau of Health Services).
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-6-2, 3-8-2, 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 | 9 | | be
administered by a chief administrative officer appointed by
| 10 | | the Director. A chief administrative officer shall be
| 11 | | responsible for all persons assigned to the institution or
| 12 | | facility. The chief administrative officer shall administer
| 13 | | the programs of the Department for the custody and treatment
of | 14 | | such persons.
| 15 | | (b) The chief administrative officer shall have such | 16 | | assistants
as the Department may assign.
| 17 | | (c) The Director or Assistant Director shall have the
| 18 | | emergency powers to temporarily transfer individuals without
| 19 | | formal procedures to any State, county, municipal or regional
| 20 | | correctional or detention institution or facility in the State,
| 21 | | subject to the acceptance of such receiving institution or
| 22 | | facility, or to designate any reasonably secure place in the
| 23 | | State as such an institution or facility and to make transfers
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| 1 | | thereto. However, transfers made under emergency powers shall
| 2 | | be reviewed as soon as practicable under Article 8, and shall
| 3 | | be subject to Section 5-905 of the Juvenile Court Act of
1987. | 4 | | This Section shall not apply to transfers to the Department of
| 5 | | Human Services which are provided for under
Section 3-8-5 or | 6 | | Section 3-10-5.
| 7 | | (d) The Department shall provide educational programs for | 8 | | all
committed persons so that all persons have an opportunity | 9 | | to
attain the achievement level equivalent to the completion of
| 10 | | the twelfth grade in the public school system in this State.
| 11 | | Other higher levels of attainment shall be encouraged and
| 12 | | professional instruction shall be maintained wherever | 13 | | possible.
The Department may establish programs of mandatory | 14 | | education and may
establish rules and regulations for the | 15 | | administration of such programs.
A person committed to the | 16 | | Department who, during the period of his or her
incarceration, | 17 | | participates in an educational program provided by or through
| 18 | | the Department and through that program is awarded or earns the | 19 | | number of
hours of credit required for the award of an | 20 | | associate, baccalaureate, or
higher degree from a community | 21 | | college, college, or university located in
Illinois shall | 22 | | reimburse the State, through the Department, for the costs
| 23 | | incurred by the State in providing that person during his or | 24 | | her incarceration
with the education that qualifies him or her | 25 | | for the award of that degree. The
costs for which reimbursement | 26 | | is required under this subsection shall be
determined and |
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| 1 | | computed by the Department under rules and regulations that
it | 2 | | shall establish for that purpose. However, interest at the rate | 3 | | of 6%
per annum shall be charged on the balance of those costs | 4 | | from time to time
remaining unpaid, from the date of the | 5 | | person's parole, mandatory supervised
release, or release | 6 | | constituting a final termination of his or her commitment
to | 7 | | the Department until paid.
| 8 | | (d-5) A person committed to the Department is entitled to | 9 | | confidential testing for infection with human immunodeficiency | 10 | | virus (HIV) and to counseling in connection with such testing, | 11 | | with no copay to the committed person. A person committed to | 12 | | the Department who has tested positive for infection with HIV | 13 | | is entitled to medical care while incarcerated, counseling, and | 14 | | referrals to support services, in connection with that positive | 15 | | test result. Implementation of this subsection (d-5) is subject | 16 | | to appropriation.
| 17 | | (e) A person committed to the Department who becomes in | 18 | | need
of medical or surgical treatment but is incapable of | 19 | | giving
consent thereto shall receive such medical or surgical | 20 | | treatment
by the chief administrative officer consenting on the | 21 | | person's behalf.
Before the chief administrative officer | 22 | | consents, he or she shall
obtain the advice of one or more | 23 | | physicians licensed to practice medicine
in all its branches in | 24 | | this State. If such physician or physicians advise:
| 25 | | (1) that immediate medical or surgical treatment is | 26 | | required
relative to a condition threatening to cause |
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| 1 | | death, damage or
impairment to bodily functions, or | 2 | | disfigurement; and
| 3 | | (2) that the person is not capable of giving consent to | 4 | | such treatment;
the chief administrative officer may give | 5 | | consent for such
medical or surgical treatment, and such | 6 | | consent shall be
deemed to be the consent of the person for | 7 | | all purposes,
including, but not limited to, the authority | 8 | | of a physician
to give such treatment. | 9 | | (e-5) If a physician providing medical care to a committed | 10 | | person on behalf of the Department advises the chief | 11 | | administrative officer that the committed person's mental or | 12 | | physical health has deteriorated as a result of the cessation | 13 | | of ingestion of food or liquid to the point where medical or | 14 | | surgical treatment is required to prevent death, damage, or | 15 | | impairment to bodily functions, the chief administrative | 16 | | officer may authorize such medical or surgical treatment.
| 17 | | (f) In the event that the person requires medical care and
| 18 | | treatment at a place other than the institution or facility,
| 19 | | the person may be removed therefrom under conditions prescribed
| 20 | | by the Department.
The Department shall require the committed | 21 | | person receiving medical or dental
services on a non-emergency | 22 | | basis to pay a $2 co-payment to the Department for
each visit | 23 | | for medical or dental services. The amount of each co-payment | 24 | | shall be deducted from the
committed person's individual | 25 | | account.
A committed person who has a chronic illness, as | 26 | | defined by Department rules
and regulations, shall be exempt |
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| 1 | | from the $2 co-payment for treatment of the
chronic illness. A | 2 | | committed person shall not be subject to a $2 co-payment
for | 3 | | follow-up visits ordered by a physician, who is employed by, or | 4 | | contracts
with, the Department. A committed person who is | 5 | | indigent is exempt from the
$2 co-payment
and is entitled to | 6 | | receive medical or dental services on the same basis as a
| 7 | | committed person who is financially able to afford the | 8 | | co-payment.
Notwithstanding any other provision in this | 9 | | subsection (f) to the contrary,
any person committed to any | 10 | | facility operated by the Department of Juvenile Justice, as set
| 11 | | forth in Section 3-2.5-15 of this Code, is exempt from the
| 12 | | co-payment requirement for the duration of confinement in those | 13 | | facilities.
| 14 | | (g) Any person having sole custody of a child at
the time | 15 | | of commitment or any woman giving birth to a child after
her | 16 | | commitment, may arrange through the Department of Children
and | 17 | | Family Services for suitable placement of the child outside
of | 18 | | the Department of Corrections. The Director of the Department
| 19 | | of Corrections may determine that there are special reasons why
| 20 | | the child should continue in the custody of the mother until | 21 | | the
child is 6 years old.
| 22 | | (h) The Department may provide Family Responsibility | 23 | | Services which
may consist of, but not be limited to the | 24 | | following:
| 25 | | (1) family advocacy counseling;
| 26 | | (2) parent self-help group;
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| 1 | | (3) parenting skills training;
| 2 | | (4) parent and child overnight program;
| 3 | | (5) parent and child reunification counseling, either | 4 | | separately or
together, preceding the inmate's release; | 5 | | and
| 6 | | (6) a prerelease reunification staffing involving the | 7 | | family advocate,
the inmate and the child's counselor, or | 8 | | both and the inmate.
| 9 | | (i) (Blank). Prior to the release of any inmate who has a | 10 | | documented history
of intravenous drug use, and upon the | 11 | | receipt of that inmate's written
informed consent, the | 12 | | Department shall provide for the testing of such
inmate for | 13 | | infection with human immunodeficiency virus (HIV) and any other
| 14 | | identified causative agent of acquired immunodeficiency | 15 | | syndrome (AIDS). The
testing provided under this subsection | 16 | | shall consist of an enzyme-linked
immunosorbent assay (ELISA) | 17 | | test or such other test as may be approved by
the Illinois | 18 | | Department of Public Health. If the test result is positive,
| 19 | | the Western Blot Assay or more reliable confirmatory test shall | 20 | | be
administered. All inmates tested in accordance with the | 21 | | provisions of this
subsection shall be provided with pre-test | 22 | | and post-test counseling.
Notwithstanding any provision of | 23 | | this subsection to the contrary, the
Department shall not be | 24 | | required to conduct the testing and counseling
required by this | 25 | | subsection unless sufficient funds to cover all costs of
such | 26 | | testing and counseling are appropriated for that
purpose by the |
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| 1 | | General Assembly.
| 2 | | (j) Any person convicted of a sex offense as defined in the | 3 | | Sex Offender
Management Board Act shall be required to receive | 4 | | a sex offender evaluation
prior to release into the community | 5 | | from the Department of Corrections. The
sex offender evaluation | 6 | | shall be conducted in conformance with the standards
and | 7 | | guidelines developed under
the Sex Offender Management Board | 8 | | Act and by an evaluator approved by the
Board.
| 9 | | (k) Any minor committed to the Department of Juvenile | 10 | | Justice
for a sex offense as defined by the Sex Offender | 11 | | Management Board Act shall be
required to undergo sex offender | 12 | | treatment by a treatment provider approved by
the Board and | 13 | | conducted in conformance with the Sex Offender Management Board
| 14 | | Act.
| 15 | | (l) Prior to the release of any inmate committed to a | 16 | | facility of the Department or the Department of Juvenile | 17 | | Justice , the Department must provide the inmate with | 18 | | appropriate information in writing, by video, or other | 19 | | electronic means, concerning HIV and AIDS. The Department shall | 20 | | develop the informational materials in consultation with the | 21 | | Department of Public Health. At the same time, the Department | 22 | | must also offer the committed person the option of testing for | 23 | | infection with human immunodeficiency virus (HIV), as well as | 24 | | counseling in connection with such testing, with no copayment | 25 | | for the test. Pre-test information shall be provided to the | 26 | | committed person and informed consent obtained as required in |
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| 1 | | subsection (d) of Section 3 and Section 5 of the AIDS | 2 | | Confidentiality Act. The Department may conduct opt-out HIV | 3 | | testing as defined in Section 4 of the AIDS Confidentiality | 4 | | Act. If the Department conducts opt-out HIV testing, the | 5 | | Department shall place signs in English, Spanish and other | 6 | | languages as needed in multiple, highly visible locations in | 7 | | the area where HIV testing is conducted informing inmates that | 8 | | they will be tested for HIV unless they refuse, and refusal or | 9 | | acceptance of testing shall be documented in the inmate's | 10 | | medical record. The Department shall follow procedures | 11 | | established by the Department of Public Health to conduct HIV | 12 | | testing and testing to confirm positive HIV test results. All | 13 | | testing must be conducted by medical personnel, but pre-test | 14 | | and other information may be provided by committed persons who | 15 | | have received appropriate training. The Department, in | 16 | | conjunction with the Department of Public Health, shall develop | 17 | | a plan that complies with the AIDS Confidentiality Act to | 18 | | deliver confidentially all positive or negative HIV test | 19 | | results to inmates or former inmates. At the same time, the | 20 | | Department shall require each such inmate to sign a form | 21 | | stating that the inmate has been informed of his or her rights | 22 | | with respect to the testing required to be offered under this | 23 | | subsection (l) and providing the inmate with an opportunity to | 24 | | indicate either that he or she wants to be tested or that he or | 25 | | she does not want to be tested. The Department, in consultation | 26 | | with the Department of Public Health, shall prescribe the |
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| 1 | | contents of the form. The
testing provided under this | 2 | | subsection (l) shall consist of an enzyme-linked
immunosorbent | 3 | | assay (ELISA) test or any other test approved by
the Department | 4 | | of Public Health. If the test result is positive,
the Western | 5 | | Blot Assay or more reliable confirmatory test shall be
| 6 | | administered. | 7 | | Prior to the release of an inmate who the Department knows | 8 | | has tested positive for infection with HIV, the Department in a | 9 | | timely manner shall offer the inmate transitional case | 10 | | management, including referrals to other support services.
| 11 | | Implementation of this subsection (l) is subject to | 12 | | appropriation.
| 13 | | (m) The chief administrative officer of each institution or | 14 | | facility of the Department shall make a room in the institution | 15 | | or facility available for addiction recovery services to be | 16 | | provided to committed persons on a voluntary basis. The | 17 | | services shall be provided for one hour once a week at a time | 18 | | specified by the chief administrative officer of the | 19 | | institution or facility if the following conditions are met: | 20 | | (1) the addiction recovery service contacts the chief | 21 | | administrative officer to arrange the meeting; | 22 | | (2) the committed person may attend the meeting for | 23 | | addiction recovery services only if the committed person | 24 | | uses pre-existing free time already available to the | 25 | | committed person; | 26 | | (3) all disciplinary and other rules of the institution |
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| 1 | | or facility remain in effect; | 2 | | (4) the committed person is not given any additional | 3 | | privileges to attend addiction recovery services; | 4 | | (5) if the addiction recovery service does not arrange | 5 | | for scheduling a meeting for that week, no addiction | 6 | | recovery services shall be provided to the committed person | 7 | | in the institution or facility for that week; | 8 | | (6) the number of committed persons who may attend an | 9 | | addiction recovery meeting shall not exceed 40 during any | 10 | | session held at the correctional institution or facility; | 11 | | (7) a volunteer seeking to provide addiction recovery | 12 | | services under this subsection (m) must submit an | 13 | | application to the Department of Corrections under | 14 | | existing Department rules and the Department must review | 15 | | the application within 60 days after submission of the | 16 | | application to the Department; and | 17 | | (8) each institution and facility of the Department | 18 | | shall manage the addiction recovery services program | 19 | | according to its own processes and procedures. | 20 | | For the purposes of this subsection (m), "addiction | 21 | | recovery services" means recovery services for alcoholics and | 22 | | addicts provided by volunteers of recovery support services | 23 | | recognized by the Department of Human Services. | 24 | | (Source: P.A. 96-284, eff. 1-1-10.)
| 25 | | (730 ILCS 5/3-8-2) (from Ch. 38, par. 1003-8-2)
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| 1 | | Sec. 3-8-2. Social Evaluation; physical examination; | 2 | | HIV/AIDS. | 3 | | (a) A social evaluation shall be made of a
committed | 4 | | person's medical, psychological, educational and vocational | 5 | | condition
and history, including the use of alcohol and other | 6 | | drugs, the
circumstances of his offense, and such other | 7 | | information as the Department
may determine. The committed | 8 | | person shall be assigned to an institution or
facility in so | 9 | | far as practicable in accordance with the social evaluation.
| 10 | | Recommendations shall be made for medical, dental, | 11 | | psychiatric,
psychological and social service treatment.
| 12 | | (b) A record of the social evaluation shall be entered in | 13 | | the committed
person's master record file and shall be | 14 | | forwarded to the institution or
facility to which the person is | 15 | | assigned.
| 16 | | (c) Upon admission to a correctional institution each | 17 | | committed person
shall be given a physical examination. If he | 18 | | is suspected of having a
communicable disease that in the | 19 | | judgment of the Department medical
personnel requires medical | 20 | | isolation, the committed person shall remain in
medical | 21 | | isolation until it is no longer deemed medically necessary. | 22 | | (d) Upon arrival at an inmate's final destination, the | 23 | | Department must provide the committed person with appropriate | 24 | | information in writing, verbally, by video or other electronic | 25 | | means written information and counseling concerning HIV and | 26 | | AIDS. The Department shall develop the informational written |
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| 1 | | materials in consultation with the Department of Public Health. | 2 | | At the same time, the Department also must offer the
committed | 3 | | person the option of being tested, with no copayment, for | 4 | | infection with human immunodeficiency virus (HIV). Pre-test | 5 | | information shall be provided to the committed person and | 6 | | informed consent obtained as required in subsection (d) of | 7 | | Section 3 and Section 5 of the AIDS Confidentiality Act. The | 8 | | Department may conduct opt-out HIV testing as defined in | 9 | | Section 4 of the AIDS Confidentiality Act. If the Department | 10 | | conducts opt-out HIV testing, the Department shall place signs | 11 | | in English, Spanish and other languages as needed in multiple, | 12 | | highly visible locations in the area where HIV testing is | 13 | | conducted informing inmates that they will be tested for HIV | 14 | | unless they refuse, and refusal or acceptance of testing shall | 15 | | be documented in the inmate's medical record. The Department | 16 | | shall follow procedures established by the Department of Public | 17 | | Health to conduct HIV testing and testing to confirm positive | 18 | | HIV test results. All testing must be conducted by medical | 19 | | personnel, but pre-test and other information may be provided | 20 | | by committed persons who have received appropriate training. | 21 | | The Department, in conjunction with the Department of Public | 22 | | Health, shall develop a plan that complies with the AIDS | 23 | | Confidentiality Act to deliver confidentially all positive or | 24 | | negative HIV test results to inmates or former inmates. The | 25 | | Department shall require each committed person to sign a form | 26 | | stating that the committed person has been informed of his or |
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| 1 | | her rights with respect to the testing required to be offered | 2 | | under this subsection (d) and providing the committed person | 3 | | with an opportunity to indicate either that he or she wants to | 4 | | be tested or that he or she does not want to be tested. The | 5 | | Department, in consultation with the Department of Public | 6 | | Health, shall prescribe the contents of the form. The
testing | 7 | | provided under this subsection (d) shall consist of an | 8 | | enzyme-linked
immunosorbent assay (ELISA) test or any other | 9 | | test approved by
the Department of Public Health. If the test | 10 | | result is positive,
the Western Blot Assay or more reliable | 11 | | confirmatory test shall be
administered. Implementation of | 12 | | this subsection (d) is subject to appropriation.
| 13 | | (Source: P.A. 94-629, eff. 1-1-06.)
| 14 | | (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| 15 | | Sec. 3-10-2. Examination of Persons Committed to the | 16 | | Department of Juvenile Justice.
| 17 | | (a) A person committed to the Department of Juvenile | 18 | | Justice shall be examined in
regard to his medical, | 19 | | psychological, social, educational and vocational
condition | 20 | | and history, including the use of alcohol and other drugs,
the | 21 | | circumstances of his offense and any other
information as the | 22 | | Department of Juvenile Justice may determine.
| 23 | | (a-5) Upon admission of a person committed to the | 24 | | Department of Juvenile Justice, the Department of Juvenile | 25 | | Justice must provide the person with appropriate information |
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| 1 | | written information and counseling concerning HIV and AIDS in | 2 | | writing, verbally, or by video or other electronic means . The | 3 | | Department of Juvenile Justice shall develop the informational | 4 | | written materials in consultation with the Department of Public | 5 | | Health. At the same time, the Department of Juvenile Justice | 6 | | also must offer the person the option of being tested, at no | 7 | | charge to the person, for infection with human immunodeficiency | 8 | | virus (HIV) . Pre-test information shall be provided to the | 9 | | committed person and informed consent obtained as required in | 10 | | subsection (d) of Section 3 and Section 5 of the AIDS | 11 | | Confidentiality Act. The Department of Juvenile Justice may | 12 | | conduct opt-out HIV testing as defined in Section 4 of the AIDS | 13 | | Confidentiality Act. If the Department conducts opt-out HIV | 14 | | testing, the Department shall place signs in English, Spanish | 15 | | and other languages as needed in multiple, highly visible | 16 | | locations in the area where HIV testing is conducted informing | 17 | | inmates that they will be tested for HIV unless they refuse, | 18 | | and refusal or acceptance of testing shall be documented in the | 19 | | inmate's medical record. The Department shall follow | 20 | | procedures established by the Department of Public Health to | 21 | | conduct HIV testing and testing to confirm positive HIV test | 22 | | results. All testing must be conducted by medical personnel, | 23 | | but pre-test and other information may be provided by committed | 24 | | persons who have received appropriate training. The | 25 | | Department, in conjunction with the Department of Public | 26 | | Health, shall develop a plan that complies with the AIDS |
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| 1 | | Confidentiality Act to deliver confidentially all positive or | 2 | | negative HIV test results to inmates or former inmates. or any | 3 | | other identified causative agent of acquired immunodeficiency | 4 | | syndrome (AIDS). The Department of Juvenile Justice shall | 5 | | require each person committed to the Department of Juvenile | 6 | | Justice to sign a form stating that the person has been | 7 | | informed of his or her rights with respect to the testing | 8 | | required to be offered under this subsection (a-5) and | 9 | | providing the person with an opportunity to indicate either | 10 | | that he or she wants to be tested or that he or she does not | 11 | | want to be tested. The Department of Juvenile Justice, in | 12 | | consultation with the Department of Public Health, shall | 13 | | prescribe the contents of the form. The testing provided under | 14 | | this subsection (a-5) shall consist of an enzyme-linked | 15 | | immunosorbent assay (ELISA) test or any other test approved by | 16 | | the Department of Public Health. If the test result is | 17 | | positive, the Western Blot Assay or more reliable confirmatory | 18 | | test shall be administered. | 19 | | Also upon admission of a person committed to the Department | 20 | | of Juvenile Justice, the Department of Juvenile Justice must | 21 | | inform the person of the Department's obligation to provide the | 22 | | person with medical care.
| 23 | | Implementation of this subsection (a-5) is subject to | 24 | | appropriation.
| 25 | | (b) Based on its examination, the Department of Juvenile | 26 | | Justice may exercise the following
powers in developing a |
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| 1 | | treatment program of any person committed to the Department of | 2 | | Juvenile Justice:
| 3 | | (1) Require participation by him in vocational, | 4 | | physical, educational
and corrective training and | 5 | | activities to return him to the community.
| 6 | | (2) Place him in any institution or facility of the | 7 | | Department of Juvenile Justice.
| 8 | | (3) Order replacement or referral to the Parole and | 9 | | Pardon Board as
often as it deems desirable. The Department | 10 | | of Juvenile Justice shall refer the person to the
Parole | 11 | | and Pardon Board as required under Section 3-3-4.
| 12 | | (4) Enter into agreements with the Secretary of Human | 13 | | Services and
the Director of Children and Family
Services, | 14 | | with courts having probation officers, and with private | 15 | | agencies
or institutions for separate care or special | 16 | | treatment of persons subject
to the control of the | 17 | | Department of Juvenile Justice.
| 18 | | (c) The Department of Juvenile Justice shall make periodic | 19 | | reexamination of all persons
under the control of the | 20 | | Department of Juvenile Justice to determine whether existing
| 21 | | orders in individual cases should be modified or continued. | 22 | | This
examination shall be made with respect to every person at | 23 | | least once
annually.
| 24 | | (d) A record of the treatment decision including any | 25 | | modification
thereof and the reason therefor, shall be part of | 26 | | the committed person's
master record file.
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| 1 | | (e) The Department of Juvenile Justice shall by certified | 2 | | mail, return receipt requested,
notify the parent, guardian or | 3 | | nearest relative of any person committed to
the Department of | 4 | | Juvenile Justice of his physical location and any change | 5 | | thereof.
| 6 | | (Source: P.A. 94-629, eff. 1-1-06; 94-696, eff. 6-1-06 .)
| 7 | | Section 10. The County Jail Act is amended by changing | 8 | | Section 17.10 as follows: | 9 | | (730 ILCS 125/17.10) | 10 | | Sec. 17.10. Requirements in connection with HIV/AIDS. | 11 | | (a) In each county other than Cook, during the medical | 12 | | admissions exam, the warden of the jail, a correctional officer | 13 | | at the jail, or a member of the jail medical staff must provide | 14 | | the prisoner with appropriate written information concerning | 15 | | human immunodeficiency virus (HIV) and acquired | 16 | | immunodeficiency syndrome (AIDS). The Department of Public | 17 | | Health and community-based organizations certified to provide | 18 | | HIV/AIDS testing must provide these informational materials to | 19 | | the warden at no cost to the county. The warden, a correctional | 20 | | officer, or a member of the jail medical staff must inform the | 21 | | prisoner of the option of being tested for infection with HIV | 22 | | by a certified local community-based agency or other available | 23 | | medical provider at no charge to the prisoner. | 24 | | (b) In Cook County, during the medical admissions exam, an |
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| 1 | | employee of the Cook County Health & Hospitals System Bureau of | 2 | | Health Services must provide the prisoner with appropriate | 3 | | written information in writing, verbally or by video or other | 4 | | electronic means concerning human immunodeficiency virus (HIV) | 5 | | and acquired immunodeficiency syndrome (AIDS) and must also | 6 | | provide the prisoner with option of testing for infection with | 7 | | HIV or any other identified causative agent of AIDS, as well as | 8 | | counseling in connection with such testing. The Cook County | 9 | | Health & Hospitals System may provide the inmate with opt-out | 10 | | human immunodeficiency virus (HIV) testing, as defined in | 11 | | Section 4 of the AIDS Confidentiality Act, unless the inmate | 12 | | refuses. If opt-out HIV testing is conducted, the Cook County | 13 | | Health & Hospitals System shall place signs in English, | 14 | | Spanish, and other languages as needed in multiple, highly | 15 | | visible locations in the area where HIV testing is conducted | 16 | | informing inmates that they will be tested for HIV unless they | 17 | | refuse, and refusal or acceptance of testing shall be | 18 | | documented in the inmate's medical record. Pre-test | 19 | | information shall be provided to the inmate and informed | 20 | | consent obtained from the inmate as required in subsection (d) | 21 | | of Section 3 and Section 5 of the AIDS Confidentiality Act. The | 22 | | Cook County Health & Hospitals System shall follow procedures | 23 | | established by the Department of Public Health to conduct HIV | 24 | | testing and testing to confirm positive HIV test results. All | 25 | | aspects of HIV testing shall comply with the requirements of | 26 | | the AIDS Confidentiality Act, including delivery of test |
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| 1 | | results, as determined by the Cook County Health & Hospitals | 2 | | System in consultation with the Illinois Department of Public | 3 | | Health. The Department of Public Health and community-based | 4 | | organizations certified to provide HIV/AIDS testing may must | 5 | | provide these informational materials to the Bureau at no cost | 6 | | to the county. The
testing provided under this subsection (b) | 7 | | shall be conducted by the Cook County Bureau of Health Services | 8 | | and shall consist of an enzyme-linked
immunosorbent assay | 9 | | (ELISA) test or any other test approved by
the Department of | 10 | | Public Health. If the test result is positive,
the Western Blot | 11 | | Assay or more reliable confirmatory test shall be
administered. | 12 | | (c) In each county, the warden of the jail must make | 13 | | appropriate written information concerning HIV/AIDS available | 14 | | to every visitor to the jail. This information must include | 15 | | information concerning persons or entities to contact for local | 16 | | counseling and testing. The Department of Public Health and | 17 | | community-based organizations certified to provide HIV/AIDS | 18 | | testing must provide these informational materials to the | 19 | | warden at no cost to the office of the county sheriff. | 20 | | (d) Implementation of this Section is subject to | 21 | | appropriation.
| 22 | | (Source: P.A. 94-629, eff. 1-1-06.)
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