Full Text of HB1748 97th General Assembly
HB1748ham001 97TH GENERAL ASSEMBLY | Rep. Camille Y Lilly Filed: 3/14/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1748
| 2 | | AMENDMENT NO. ______. Amend House Bill 1748 by replacing | 3 | | everything after the enacting clause with the following:
| 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.
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| 1 | | (c) The Director or Assistant Director shall have the
| 2 | | emergency powers to temporarily transfer individuals without
| 3 | | formal procedures to any State, county, municipal or regional
| 4 | | correctional or detention institution or facility in the State,
| 5 | | subject to the acceptance of such receiving institution or
| 6 | | facility, or to designate any reasonably secure place in the
| 7 | | State as such an institution or facility and to make transfers
| 8 | | thereto. However, transfers made under emergency powers shall
| 9 | | be reviewed as soon as practicable under Article 8, and shall
| 10 | | be subject to Section 5-905 of the Juvenile Court Act of
1987. | 11 | | This Section shall not apply to transfers to the Department of
| 12 | | Human Services which are provided for under
Section 3-8-5 or | 13 | | Section 3-10-5.
| 14 | | (d) The Department shall provide educational programs for | 15 | | all
committed persons so that all persons have an opportunity | 16 | | to
attain the achievement level equivalent to the completion of
| 17 | | the twelfth grade in the public school system in this State.
| 18 | | Other higher levels of attainment shall be encouraged and
| 19 | | professional instruction shall be maintained wherever | 20 | | possible.
The Department may establish programs of mandatory | 21 | | education and may
establish rules and regulations for the | 22 | | administration of such programs.
A person committed to the | 23 | | Department who, during the period of his or her
incarceration, | 24 | | participates in an educational program provided by or through
| 25 | | the Department and through that program is awarded or earns the | 26 | | number of
hours of credit required for the award of an |
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| 1 | | associate, baccalaureate, or
higher degree from a community | 2 | | college, college, or university located in
Illinois shall | 3 | | reimburse the State, through the Department, for the costs
| 4 | | incurred by the State in providing that person during his or | 5 | | her incarceration
with the education that qualifies him or her | 6 | | for the award of that degree. The
costs for which reimbursement | 7 | | is required under this subsection shall be
determined and | 8 | | computed by the Department under rules and regulations that
it | 9 | | shall establish for that purpose. However, interest at the rate | 10 | | of 6%
per annum shall be charged on the balance of those costs | 11 | | from time to time
remaining unpaid, from the date of the | 12 | | person's parole, mandatory supervised
release, or release | 13 | | constituting a final termination of his or her commitment
to | 14 | | the Department until paid.
| 15 | | (d-5) A person committed to the Department is entitled to | 16 | | confidential testing for infection with human immunodeficiency | 17 | | virus (HIV) and to counseling in connection with such testing, | 18 | | with no copay to the committed person. A person committed to | 19 | | the Department who has tested positive for infection with HIV | 20 | | is entitled to medical care while incarcerated, counseling, and | 21 | | referrals to support services, in connection with that positive | 22 | | test result. Implementation of this subsection (d-5) is subject | 23 | | to appropriation.
| 24 | | (e) A person committed to the Department who becomes in | 25 | | need
of medical or surgical treatment but is incapable of | 26 | | giving
consent thereto shall receive such medical or surgical |
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| 1 | | treatment
by the chief administrative officer consenting on the | 2 | | person's behalf.
Before the chief administrative officer | 3 | | consents, he or she shall
obtain the advice of one or more | 4 | | physicians licensed to practice medicine
in all its branches in | 5 | | this State. If such physician or physicians advise:
| 6 | | (1) that immediate medical or surgical treatment is | 7 | | required
relative to a condition threatening to cause | 8 | | death, damage or
impairment to bodily functions, or | 9 | | disfigurement; and
| 10 | | (2) that the person is not capable of giving consent to | 11 | | such treatment;
the chief administrative officer may give | 12 | | consent for such
medical or surgical treatment, and such | 13 | | consent shall be
deemed to be the consent of the person for | 14 | | all purposes,
including, but not limited to, the authority | 15 | | of a physician
to give such treatment. | 16 | | (e-5) If a physician providing medical care to a committed | 17 | | person on behalf of the Department advises the chief | 18 | | administrative officer that the committed person's mental or | 19 | | physical health has deteriorated as a result of the cessation | 20 | | of ingestion of food or liquid to the point where medical or | 21 | | surgical treatment is required to prevent death, damage, or | 22 | | impairment to bodily functions, the chief administrative | 23 | | officer may authorize such medical or surgical treatment.
| 24 | | (f) In the event that the person requires medical care and
| 25 | | treatment at a place other than the institution or facility,
| 26 | | the person may be removed therefrom under conditions prescribed
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| 1 | | by the Department.
The Department shall require the committed | 2 | | person receiving medical or dental
services on a non-emergency | 3 | | basis to pay a $2 co-payment to the Department for
each visit | 4 | | for medical or dental services. The amount of each co-payment | 5 | | shall be deducted from the
committed person's individual | 6 | | account.
A committed person who has a chronic illness, as | 7 | | defined by Department rules
and regulations, shall be exempt | 8 | | from the $2 co-payment for treatment of the
chronic illness. A | 9 | | committed person shall not be subject to a $2 co-payment
for | 10 | | follow-up visits ordered by a physician, who is employed by, or | 11 | | contracts
with, the Department. A committed person who is | 12 | | indigent is exempt from the
$2 co-payment
and is entitled to | 13 | | receive medical or dental services on the same basis as a
| 14 | | committed person who is financially able to afford the | 15 | | co-payment.
Notwithstanding any other provision in this | 16 | | subsection (f) to the contrary,
any person committed to any | 17 | | facility operated by the Department of Juvenile Justice, as set
| 18 | | forth in Section 3-2.5-15 of this Code, is exempt from the
| 19 | | co-payment requirement for the duration of confinement in those | 20 | | facilities.
| 21 | | (g) Any person having sole custody of a child at
the time | 22 | | of commitment or any woman giving birth to a child after
her | 23 | | commitment, may arrange through the Department of Children
and | 24 | | Family Services for suitable placement of the child outside
of | 25 | | the Department of Corrections. The Director of the Department
| 26 | | of Corrections may determine that there are special reasons why
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| 1 | | the child should continue in the custody of the mother until | 2 | | the
child is 6 years old.
| 3 | | (h) The Department may provide Family Responsibility | 4 | | Services which
may consist of, but not be limited to the | 5 | | following:
| 6 | | (1) family advocacy counseling;
| 7 | | (2) parent self-help group;
| 8 | | (3) parenting skills training;
| 9 | | (4) parent and child overnight program;
| 10 | | (5) parent and child reunification counseling, either | 11 | | separately or
together, preceding the inmate's release; | 12 | | and
| 13 | | (6) a prerelease reunification staffing involving the | 14 | | family advocate,
the inmate and the child's counselor, or | 15 | | both and the inmate.
| 16 | | (i) (Blank). Prior to the release of any inmate who has a | 17 | | documented history
of intravenous drug use, and upon the | 18 | | receipt of that inmate's written
informed consent, the | 19 | | Department shall provide for the testing of such
inmate for | 20 | | infection with human immunodeficiency virus (HIV) and any other
| 21 | | identified causative agent of acquired immunodeficiency | 22 | | syndrome (AIDS). The
testing provided under this subsection | 23 | | shall consist of an enzyme-linked
immunosorbent assay (ELISA) | 24 | | test or such other test as may be approved by
the Illinois | 25 | | Department of Public Health. If the test result is positive,
| 26 | | the Western Blot Assay or more reliable confirmatory test shall |
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| 1 | | be
administered. All inmates tested in accordance with the | 2 | | provisions of this
subsection shall be provided with pre-test | 3 | | and post-test counseling.
Notwithstanding any provision of | 4 | | this subsection to the contrary, the
Department shall not be | 5 | | required to conduct the testing and counseling
required by this | 6 | | subsection unless sufficient funds to cover all costs of
such | 7 | | testing and counseling are appropriated for that
purpose by the | 8 | | General Assembly.
| 9 | | (j) Any person convicted of a sex offense as defined in the | 10 | | Sex Offender
Management Board Act shall be required to receive | 11 | | a sex offender evaluation
prior to release into the community | 12 | | from the Department of Corrections. The
sex offender evaluation | 13 | | shall be conducted in conformance with the standards
and | 14 | | guidelines developed under
the Sex Offender Management Board | 15 | | Act and by an evaluator approved by the
Board.
| 16 | | (k) Any minor committed to the Department of Juvenile | 17 | | Justice
for a sex offense as defined by the Sex Offender | 18 | | Management Board Act shall be
required to undergo sex offender | 19 | | treatment by a treatment provider approved by
the Board and | 20 | | conducted in conformance with the Sex Offender Management Board
| 21 | | Act.
| 22 | | (l) Prior to the release of any inmate committed to a | 23 | | facility of the Department or the Department of Juvenile | 24 | | Justice , the Department must provide the inmate with | 25 | | appropriate information verbally, in writing, by video, or | 26 | | other electronic means, concerning HIV and AIDS. The Department |
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| 1 | | shall develop the informational materials in consultation with | 2 | | the Department of Public Health. At the same time, the | 3 | | Department must also offer the committed person the option of | 4 | | testing for infection with human immunodeficiency virus (HIV), | 5 | | as well as counseling in connection with such testing, with no | 6 | | copayment for the test. Pre-test information shall be provided | 7 | | to the committed person and informed consent obtained as | 8 | | required in subsection (d) of Section 3 and Section 5 of the | 9 | | AIDS Confidentiality Act. The Department may conduct opt-out | 10 | | HIV testing as defined in Section 4 of the AIDS Confidentiality | 11 | | Act. If the Department conducts opt-out HIV testing, the | 12 | | Department shall place signs in English, Spanish and other | 13 | | languages as needed in multiple, highly visible locations in | 14 | | the area where HIV testing is conducted informing inmates that | 15 | | they will be tested for HIV unless they refuse, and refusal or | 16 | | acceptance of testing shall be documented in the inmate's | 17 | | medical record. The Department shall follow procedures | 18 | | established by the Department of Public Health to conduct HIV | 19 | | testing and testing to confirm positive HIV test results. All | 20 | | testing must be conducted by medical personnel, but pre-test | 21 | | and other information may be provided by committed persons who | 22 | | have received appropriate training. The Department, in | 23 | | conjunction with the Department of Public Health, shall develop | 24 | | a plan that complies with the AIDS Confidentiality Act to | 25 | | deliver confidentially all positive or negative HIV test | 26 | | results to inmates or former inmates. Nothing in this Section |
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| 1 | | shall require the Department to offer HIV testing to an inmate | 2 | | who is known to be infected with HIV, or who has been tested | 3 | | for HIV within the previous 180 days and whose documented HIV | 4 | | test result is available to the Department electronically. At | 5 | | the same time, the Department shall require each such inmate to | 6 | | sign a form stating that the inmate has been informed of his or | 7 | | her rights with respect to the testing required to be offered | 8 | | under this subsection (l) and providing the inmate with an | 9 | | opportunity to indicate either that he or she wants to be | 10 | | tested or that he or she does not want to be tested. The | 11 | | Department, in consultation with the Department of Public | 12 | | Health, shall prescribe the contents of the form. The
testing | 13 | | provided under this subsection (l) shall consist of an | 14 | | enzyme-linked
immunosorbent assay (ELISA) test or any other | 15 | | test approved by
the Department of Public Health. If the test | 16 | | result is positive,
the Western Blot Assay or more reliable | 17 | | confirmatory test shall be
administered. | 18 | | Prior to the release of an inmate who the Department knows | 19 | | has tested positive for infection with HIV, the Department in a | 20 | | timely manner shall offer the inmate transitional case | 21 | | management, including referrals to other support services.
| 22 | | Implementation of this subsection (l) is subject to | 23 | | appropriation.
| 24 | | (m) The chief administrative officer of each institution or | 25 | | facility of the Department shall make a room in the institution | 26 | | or facility available for addiction recovery services to be |
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| 1 | | provided to committed persons on a voluntary basis. The | 2 | | services shall be provided for one hour once a week at a time | 3 | | specified by the chief administrative officer of the | 4 | | institution or facility if the following conditions are met: | 5 | | (1) the addiction recovery service contacts the chief | 6 | | administrative officer to arrange the meeting; | 7 | | (2) the committed person may attend the meeting for | 8 | | addiction recovery services only if the committed person | 9 | | uses pre-existing free time already available to the | 10 | | committed person; | 11 | | (3) all disciplinary and other rules of the institution | 12 | | or facility remain in effect; | 13 | | (4) the committed person is not given any additional | 14 | | privileges to attend addiction recovery services; | 15 | | (5) if the addiction recovery service does not arrange | 16 | | for scheduling a meeting for that week, no addiction | 17 | | recovery services shall be provided to the committed person | 18 | | in the institution or facility for that week; | 19 | | (6) the number of committed persons who may attend an | 20 | | addiction recovery meeting shall not exceed 40 during any | 21 | | session held at the correctional institution or facility; | 22 | | (7) a volunteer seeking to provide addiction recovery | 23 | | services under this subsection (m) must submit an | 24 | | application to the Department of Corrections under | 25 | | existing Department rules and the Department must review | 26 | | the application within 60 days after submission of the |
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| 1 | | application to the Department; and | 2 | | (8) each institution and facility of the Department | 3 | | shall manage the addiction recovery services program | 4 | | according to its own processes and procedures. | 5 | | For the purposes of this subsection (m), "addiction | 6 | | recovery services" means recovery services for alcoholics and | 7 | | addicts provided by volunteers of recovery support services | 8 | | recognized by the Department of Human Services. | 9 | | (Source: P.A. 96-284, eff. 1-1-10.)
| 10 | | (730 ILCS 5/3-8-2) (from Ch. 38, par. 1003-8-2)
| 11 | | Sec. 3-8-2. Social Evaluation; physical examination; | 12 | | HIV/AIDS. | 13 | | (a) A social evaluation shall be made of a
committed | 14 | | person's medical, psychological, educational and vocational | 15 | | condition
and history, including the use of alcohol and other | 16 | | drugs, the
circumstances of his offense, and such other | 17 | | information as the Department
may determine. The committed | 18 | | person shall be assigned to an institution or
facility in so | 19 | | far as practicable in accordance with the social evaluation.
| 20 | | Recommendations shall be made for medical, dental, | 21 | | psychiatric,
psychological and social service treatment.
| 22 | | (b) A record of the social evaluation shall be entered in | 23 | | the committed
person's master record file and shall be | 24 | | forwarded to the institution or
facility to which the person is | 25 | | assigned.
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| 1 | | (c) Upon admission to a correctional institution each | 2 | | committed person
shall be given a physical examination. If he | 3 | | is suspected of having a
communicable disease that in the | 4 | | judgment of the Department medical
personnel requires medical | 5 | | isolation, the committed person shall remain in
medical | 6 | | isolation until it is no longer deemed medically necessary. | 7 | | (d) Upon arrival at a reception and classification center | 8 | | or an inmate's final destination, the Department must provide | 9 | | the committed person with appropriate information in writing, | 10 | | verbally, by video or other electronic means written | 11 | | information and counseling concerning HIV and AIDS. The | 12 | | Department shall develop the informational written materials | 13 | | in consultation with the Department of Public Health. At the | 14 | | same time, the Department also must offer the
committed person | 15 | | the option of being tested, with no copayment, for infection | 16 | | with human immunodeficiency virus (HIV). Pre-test information | 17 | | shall be provided to the committed person and informed consent | 18 | | obtained as required in subsection (d) of Section 3 and Section | 19 | | 5 of the AIDS Confidentiality Act. The Department may conduct | 20 | | opt-out HIV testing as defined in Section 4 of the AIDS | 21 | | Confidentiality Act. If the Department conducts opt-out HIV | 22 | | testing, the Department shall place signs in English, Spanish | 23 | | and other languages as needed in multiple, highly visible | 24 | | locations in the area where HIV testing is conducted informing | 25 | | inmates that they will be tested for HIV unless they refuse, | 26 | | and refusal or acceptance of testing shall be documented in the |
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| 1 | | inmate's medical record. The Department shall follow | 2 | | procedures established by the Department of Public Health to | 3 | | conduct HIV testing and testing to confirm positive HIV test | 4 | | results. All testing must be conducted by medical personnel, | 5 | | but pre-test and other information may be provided by committed | 6 | | persons who have received appropriate training. The | 7 | | Department, in conjunction with the Department of Public | 8 | | Health, shall develop a plan that complies with the AIDS | 9 | | Confidentiality Act to deliver confidentially all positive or | 10 | | negative HIV test results to inmates or former inmates. Nothing | 11 | | in this Section shall require the Department to offer HIV | 12 | | testing to an inmate who is known to be infected with HIV, or | 13 | | who has been tested for HIV within the previous 180 days and | 14 | | whose documented HIV test result is available to the Department | 15 | | electronically. The Department shall require each committed | 16 | | person to sign a form stating that the committed person has | 17 | | been informed of his or her rights with respect to the testing | 18 | | required to be offered under this subsection (d) and providing | 19 | | the committed person with an opportunity to indicate either | 20 | | that he or she wants to be tested or that he or she does not | 21 | | want to be tested. The Department, in consultation with the | 22 | | Department of Public Health, shall prescribe the contents of | 23 | | the form. The
testing provided under this subsection (d) shall | 24 | | consist of an enzyme-linked
immunosorbent assay (ELISA) test or | 25 | | any other test approved by
the Department of Public Health. If | 26 | | the test result is positive,
the Western Blot Assay or more |
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| 1 | | reliable confirmatory test shall be
administered. | 2 | | Implementation of this subsection (d) is subject to | 3 | | appropriation.
| 4 | | (Source: P.A. 94-629, eff. 1-1-06.)
| 5 | | (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| 6 | | Sec. 3-10-2. Examination of Persons Committed to the | 7 | | Department of Juvenile Justice.
| 8 | | (a) A person committed to the Department of Juvenile | 9 | | Justice shall be examined in
regard to his medical, | 10 | | psychological, social, educational and vocational
condition | 11 | | and history, including the use of alcohol and other drugs,
the | 12 | | circumstances of his offense and any other
information as the | 13 | | Department of Juvenile Justice may determine.
| 14 | | (a-5) Upon admission of a person committed to the | 15 | | Department of Juvenile Justice, the Department of Juvenile | 16 | | Justice must provide the person with appropriate information | 17 | | written information and counseling concerning HIV and AIDS in | 18 | | writing, verbally, or by video or other electronic means . The | 19 | | Department of Juvenile Justice shall develop the informational | 20 | | written materials in consultation with the Department of Public | 21 | | Health. At the same time, the Department of Juvenile Justice | 22 | | also must offer the person the option of being tested, at no | 23 | | charge to the person, for infection with human immunodeficiency | 24 | | virus (HIV) . Pre-test information shall be provided to the | 25 | | 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 of Juvenile Justice may | 3 | | conduct opt-out HIV testing as defined in Section 4 of the AIDS | 4 | | Confidentiality Act. If the Department conducts opt-out HIV | 5 | | testing, the Department shall place signs in English, Spanish | 6 | | and other languages as needed in multiple, highly visible | 7 | | locations in the area where HIV testing is conducted informing | 8 | | inmates that they will be tested for HIV unless they refuse, | 9 | | and refusal or acceptance of testing shall be documented in the | 10 | | inmate's medical record. The Department shall follow | 11 | | procedures established by the Department of Public Health to | 12 | | conduct HIV testing and testing to confirm positive HIV test | 13 | | results. All testing must be conducted by medical personnel, | 14 | | but pre-test and other information may be provided by committed | 15 | | persons who have received appropriate training. The | 16 | | Department, in conjunction with the Department of Public | 17 | | Health, shall develop a plan that complies with the AIDS | 18 | | Confidentiality Act to deliver confidentially all positive or | 19 | | negative HIV test results to inmates or former inmates. Nothing | 20 | | in this Section shall require the Department to offer HIV | 21 | | testing to an inmate who is known to be infected with HIV, or | 22 | | who has been tested for HIV within the previous 180 days and | 23 | | whose documented HIV test result is available to the Department | 24 | | electronically. or any other identified causative agent of | 25 | | acquired immunodeficiency syndrome (AIDS). The Department of | 26 | | Juvenile Justice shall require each person committed to the |
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| 1 | | Department of Juvenile Justice to sign a form stating that the | 2 | | person has been informed of his or her rights with respect to | 3 | | the testing required to be offered under this subsection (a-5) | 4 | | and providing the person with an opportunity to indicate either | 5 | | that he or she wants to be tested or that he or she does not | 6 | | want to be tested. The Department of Juvenile Justice, in | 7 | | consultation with the Department of Public Health, shall | 8 | | prescribe the contents of the form. The testing provided under | 9 | | this subsection (a-5) shall consist of an enzyme-linked | 10 | | immunosorbent assay (ELISA) test or any other test approved by | 11 | | the Department of Public Health. If the test result is | 12 | | positive, the Western Blot Assay or more reliable confirmatory | 13 | | test shall be administered. | 14 | | Also upon admission of a person committed to the Department | 15 | | of Juvenile Justice, the Department of Juvenile Justice must | 16 | | inform the person of the Department's obligation to provide the | 17 | | person with medical care.
| 18 | | Implementation of this subsection (a-5) is subject to | 19 | | appropriation.
| 20 | | (b) Based on its examination, the Department of Juvenile | 21 | | Justice may exercise the following
powers in developing a | 22 | | treatment program of any person committed to the Department of | 23 | | Juvenile Justice:
| 24 | | (1) Require participation by him in vocational, | 25 | | physical, educational
and corrective training and | 26 | | activities to return him to the community.
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| 1 | | (2) Place him in any institution or facility of the | 2 | | Department of Juvenile Justice.
| 3 | | (3) Order replacement or referral to the Parole and | 4 | | Pardon Board as
often as it deems desirable. The Department | 5 | | of Juvenile Justice shall refer the person to the
Parole | 6 | | and Pardon Board as required under Section 3-3-4.
| 7 | | (4) Enter into agreements with the Secretary of Human | 8 | | Services and
the Director of Children and Family
Services, | 9 | | with courts having probation officers, and with private | 10 | | agencies
or institutions for separate care or special | 11 | | treatment of persons subject
to the control of the | 12 | | Department of Juvenile Justice.
| 13 | | (c) The Department of Juvenile Justice shall make periodic | 14 | | reexamination of all persons
under the control of the | 15 | | Department of Juvenile Justice to determine whether existing
| 16 | | orders in individual cases should be modified or continued. | 17 | | This
examination shall be made with respect to every person at | 18 | | least once
annually.
| 19 | | (d) A record of the treatment decision including any | 20 | | modification
thereof and the reason therefor, shall be part of | 21 | | the committed person's
master record file.
| 22 | | (e) The Department of Juvenile Justice shall by certified | 23 | | mail, return receipt requested,
notify the parent, guardian or | 24 | | nearest relative of any person committed to
the Department of | 25 | | Juvenile Justice of his physical location and any change | 26 | | thereof.
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| 1 | | (Source: P.A. 94-629, eff. 1-1-06; 94-696, eff. 6-1-06 .)
| 2 | | Section 10. The County Jail Act is amended by changing | 3 | | Section 17.10 as follows: | 4 | | (730 ILCS 125/17.10) | 5 | | Sec. 17.10. Requirements in connection with HIV/AIDS. | 6 | | (a) In each county other than Cook, during the medical | 7 | | admissions exam, the warden of the jail, a correctional officer | 8 | | at the jail, or a member of the jail medical staff must provide | 9 | | the prisoner with appropriate written information concerning | 10 | | human immunodeficiency virus (HIV) and acquired | 11 | | immunodeficiency syndrome (AIDS). The Department of Public | 12 | | Health and community-based organizations certified to provide | 13 | | HIV/AIDS testing must provide these informational materials to | 14 | | the warden at no cost to the county. The warden, a correctional | 15 | | officer, or a member of the jail medical staff must inform the | 16 | | prisoner of the option of being tested for infection with HIV | 17 | | by a certified local community-based agency or other available | 18 | | medical provider at no charge to the prisoner. | 19 | | (b) In Cook County, during the medical admissions exam, an | 20 | | employee of the Cook County Health & Hospitals System Bureau of | 21 | | Health Services must provide the prisoner with appropriate | 22 | | written information in writing, verbally or by video or other | 23 | | electronic means concerning human immunodeficiency virus (HIV) | 24 | | and acquired immunodeficiency syndrome (AIDS) and must also |
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| 1 | | provide the prisoner with option of testing for infection with | 2 | | HIV or any other identified causative agent of AIDS, as well as | 3 | | counseling in connection with such testing. The Cook County | 4 | | Health & Hospitals System may provide the inmate with opt-out | 5 | | human immunodeficiency virus (HIV) testing, as defined in | 6 | | Section 4 of the AIDS Confidentiality Act, unless the inmate | 7 | | refuses. If opt-out HIV testing is conducted, the Cook County | 8 | | Health & Hospitals System shall place signs in English, | 9 | | Spanish, and other languages as needed in multiple, highly | 10 | | visible locations in the area where HIV testing is conducted | 11 | | informing inmates that they will be tested for HIV unless they | 12 | | refuse, and refusal or acceptance of testing shall be | 13 | | documented in the inmate's medical record. Pre-test | 14 | | information shall be provided to the inmate and informed | 15 | | consent obtained from the inmate as required in subsection (d) | 16 | | of Section 3 and Section 5 of the AIDS Confidentiality Act. The | 17 | | Cook County Health & Hospitals System shall follow procedures | 18 | | established by the Department of Public Health to conduct HIV | 19 | | testing and testing to confirm positive HIV test results. All | 20 | | aspects of HIV testing shall comply with the requirements of | 21 | | the AIDS Confidentiality Act, including delivery of test | 22 | | results, as determined by the Cook County Health & Hospitals | 23 | | System in consultation with the Illinois Department of Public | 24 | | Health. Nothing in this Section shall require the Cook County | 25 | | Health & Hospitals System to offer HIV testing to inmates who | 26 | | are known to be infected with HIV. The Department of Public |
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| 1 | | Health and community-based organizations certified to provide | 2 | | HIV/AIDS testing may must provide these informational | 3 | | materials to the Bureau at no cost to the county. The
testing | 4 | | provided under this subsection (b) shall be conducted by the | 5 | | Cook County Bureau of Health Services and shall consist of an | 6 | | enzyme-linked
immunosorbent assay (ELISA) test or any other | 7 | | test approved by
the Department of Public Health. If the test | 8 | | result is positive,
the Western Blot Assay or more reliable | 9 | | confirmatory test shall be
administered. | 10 | | (c) In each county, the warden of the jail must make | 11 | | appropriate written information concerning HIV/AIDS available | 12 | | to every visitor to the jail. This information must include | 13 | | information concerning persons or entities to contact for local | 14 | | counseling and testing. The Department of Public Health and | 15 | | community-based organizations certified to provide HIV/AIDS | 16 | | testing must provide these informational materials to the | 17 | | warden at no cost to the office of the county sheriff. | 18 | | (d) Implementation of this Section is subject to | 19 | | appropriation.
| 20 | | (Source: P.A. 94-629, eff. 1-1-06.)
| 21 | | Section 99. Effective date. This Act takes effect August 1, | 22 | | 2011.".
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