Full Text of HB1748 097th General Assembly
HB1748enr 97TH GENERAL ASSEMBLY |
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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 verbally, in writing, by video, or | 19 | | other electronic means, concerning HIV and AIDS. The Department | 20 | | shall develop the informational materials in consultation with | 21 | | the Department of Public Health. At the same time, the | 22 | | Department must also offer the committed person the option of | 23 | | testing for infection with human immunodeficiency virus (HIV), | 24 | | as well as counseling in connection with such testing, with no | 25 | | copayment for the test. Pre-test information shall be provided | 26 | | to the committed person and informed consent obtained as |
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| 1 | | required in subsection (d) of Section 3 and Section 5 of the | 2 | | AIDS Confidentiality Act. The Department may conduct opt-out | 3 | | HIV 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. Nothing in this Section | 20 | | shall require the Department to offer HIV testing to an inmate | 21 | | who is known to be infected with HIV, or who has been tested | 22 | | for HIV within the previous 180 days and whose documented HIV | 23 | | test result is available to the Department electronically. At | 24 | | the same time, the Department shall require each such inmate to | 25 | | sign a form stating that the inmate has been informed of his or | 26 | | her rights with respect to the testing required to be offered |
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| 1 | | under this subsection (l) and providing the inmate with an | 2 | | opportunity to indicate either that he or she wants to be | 3 | | tested or that he or she does not want to be tested. The | 4 | | Department, in consultation with the Department of Public | 5 | | Health, shall prescribe the contents of the form. The
testing | 6 | | provided under this subsection (l) shall consist of an | 7 | | enzyme-linked
immunosorbent assay (ELISA) test or any other | 8 | | test approved by
the Department of Public Health. If the test | 9 | | result is positive,
the Western Blot Assay or more reliable | 10 | | confirmatory test shall be
administered. | 11 | | Prior to the release of an inmate who the Department knows | 12 | | has tested positive for infection with HIV, the Department in a | 13 | | timely manner shall offer the inmate transitional case | 14 | | management, including referrals to other support services.
| 15 | | Implementation of this subsection (l) is subject to | 16 | | appropriation.
| 17 | | (m) The chief administrative officer of each institution or | 18 | | facility of the Department shall make a room in the institution | 19 | | or facility available for addiction recovery services to be | 20 | | provided to committed persons on a voluntary basis. The | 21 | | services shall be provided for one hour once a week at a time | 22 | | specified by the chief administrative officer of the | 23 | | institution or facility if the following conditions are met: | 24 | | (1) the addiction recovery service contacts the chief | 25 | | administrative officer to arrange the meeting; | 26 | | (2) the committed person may attend the meeting for |
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| 1 | | addiction recovery services only if the committed person | 2 | | uses pre-existing free time already available to the | 3 | | committed person; | 4 | | (3) all disciplinary and other rules of the institution | 5 | | or facility remain in effect; | 6 | | (4) the committed person is not given any additional | 7 | | privileges to attend addiction recovery services; | 8 | | (5) if the addiction recovery service does not arrange | 9 | | for scheduling a meeting for that week, no addiction | 10 | | recovery services shall be provided to the committed person | 11 | | in the institution or facility for that week; | 12 | | (6) the number of committed persons who may attend an | 13 | | addiction recovery meeting shall not exceed 40 during any | 14 | | session held at the correctional institution or facility; | 15 | | (7) a volunteer seeking to provide addiction recovery | 16 | | services under this subsection (m) must submit an | 17 | | application to the Department of Corrections under | 18 | | existing Department rules and the Department must review | 19 | | the application within 60 days after submission of the | 20 | | application to the Department; and | 21 | | (8) each institution and facility of the Department | 22 | | shall manage the addiction recovery services program | 23 | | according to its own processes and procedures. | 24 | | For the purposes of this subsection (m), "addiction | 25 | | recovery services" means recovery services for alcoholics and | 26 | | addicts provided by volunteers of recovery support services |
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| 1 | | recognized by the Department of Human Services. | 2 | | (Source: P.A. 96-284, eff. 1-1-10.)
| 3 | | (730 ILCS 5/3-8-2) (from Ch. 38, par. 1003-8-2)
| 4 | | Sec. 3-8-2. Social Evaluation; physical examination; | 5 | | HIV/AIDS. | 6 | | (a) A social evaluation shall be made of a
committed | 7 | | person's medical, psychological, educational and vocational | 8 | | condition
and history, including the use of alcohol and other | 9 | | drugs, the
circumstances of his offense, and such other | 10 | | information as the Department
may determine. The committed | 11 | | person shall be assigned to an institution or
facility in so | 12 | | far as practicable in accordance with the social evaluation.
| 13 | | Recommendations shall be made for medical, dental, | 14 | | psychiatric,
psychological and social service treatment.
| 15 | | (b) A record of the social evaluation shall be entered in | 16 | | the committed
person's master record file and shall be | 17 | | forwarded to the institution or
facility to which the person is | 18 | | assigned.
| 19 | | (c) Upon admission to a correctional institution each | 20 | | committed person
shall be given a physical examination. If he | 21 | | is suspected of having a
communicable disease that in the | 22 | | judgment of the Department medical
personnel requires medical | 23 | | isolation, the committed person shall remain in
medical | 24 | | isolation until it is no longer deemed medically necessary. | 25 | | (d) Upon arrival at a reception and classification center |
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| 1 | | or an inmate's final destination, the Department must provide | 2 | | the committed person with appropriate information in writing, | 3 | | verbally, by video or other electronic means written | 4 | | information and counseling concerning HIV and AIDS. The | 5 | | Department shall develop the informational written materials | 6 | | in consultation with the Department of Public Health. At the | 7 | | same time, the Department also must offer the
committed person | 8 | | the option of being tested, with no copayment, for infection | 9 | | with human immunodeficiency virus (HIV). Pre-test information | 10 | | shall be provided to the committed person and informed consent | 11 | | obtained as required in subsection (d) of Section 3 and Section | 12 | | 5 of the AIDS Confidentiality Act. The Department may conduct | 13 | | opt-out HIV testing as defined in Section 4 of the AIDS | 14 | | Confidentiality Act. If the Department conducts opt-out HIV | 15 | | testing, the Department shall place signs in English, Spanish | 16 | | and other languages as needed in multiple, highly visible | 17 | | locations in the area where HIV testing is conducted informing | 18 | | inmates that they will be tested for HIV unless they refuse, | 19 | | and refusal or acceptance of testing shall be documented in the | 20 | | inmate's medical record. The Department shall follow | 21 | | procedures established by the Department of Public Health to | 22 | | conduct HIV testing and testing to confirm positive HIV test | 23 | | results. All testing must be conducted by medical personnel, | 24 | | but pre-test and other information may be provided by committed | 25 | | persons who have received appropriate training. The | 26 | | Department, in conjunction with the Department of Public |
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| 1 | | Health, shall develop a plan that complies with the AIDS | 2 | | Confidentiality Act to deliver confidentially all positive or | 3 | | negative HIV test results to inmates or former inmates. Nothing | 4 | | in this Section shall require the Department to offer HIV | 5 | | testing to an inmate who is known to be infected with HIV, or | 6 | | who has been tested for HIV within the previous 180 days and | 7 | | whose documented HIV test result is available to the Department | 8 | | electronically. The Department shall require each committed | 9 | | person to sign a form stating that the committed person has | 10 | | been informed of his or her rights with respect to the testing | 11 | | required to be offered under this subsection (d) and providing | 12 | | the committed person with an opportunity to indicate either | 13 | | that he or she wants to be tested or that he or she does not | 14 | | want to be tested. The Department, in consultation with the | 15 | | Department of Public Health, shall prescribe the contents of | 16 | | the form. The
testing provided under this subsection (d) shall | 17 | | consist of an enzyme-linked
immunosorbent assay (ELISA) test or | 18 | | any other test approved by
the Department of Public Health. If | 19 | | the test result is positive,
the Western Blot Assay or more | 20 | | reliable confirmatory test shall be
administered. | 21 | | Implementation of this subsection (d) is subject to | 22 | | appropriation.
| 23 | | (Source: P.A. 94-629, eff. 1-1-06.)
| 24 | | (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| 25 | | Sec. 3-10-2. Examination of Persons Committed to the |
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| 1 | | Department of Juvenile Justice.
| 2 | | (a) A person committed to the Department of Juvenile | 3 | | Justice shall be examined in
regard to his medical, | 4 | | psychological, social, educational and vocational
condition | 5 | | and history, including the use of alcohol and other drugs,
the | 6 | | circumstances of his offense and any other
information as the | 7 | | Department of Juvenile Justice may determine.
| 8 | | (a-5) Upon admission of a person committed to the | 9 | | Department of Juvenile Justice, the Department of Juvenile | 10 | | Justice must provide the person with appropriate information | 11 | | written information and counseling concerning HIV and AIDS in | 12 | | writing, verbally, or by video or other electronic means . The | 13 | | Department of Juvenile Justice shall develop the informational | 14 | | written materials in consultation with the Department of Public | 15 | | Health. At the same time, the Department of Juvenile Justice | 16 | | also must offer the person the option of being tested, at no | 17 | | charge to the person, for infection with human immunodeficiency | 18 | | virus (HIV) . Pre-test information shall be provided to the | 19 | | committed person and informed consent obtained as required in | 20 | | subsection (d) of Section 3 and Section 5 of the AIDS | 21 | | Confidentiality Act. The Department of Juvenile Justice may | 22 | | conduct opt-out HIV testing as defined in Section 4 of the AIDS | 23 | | Confidentiality Act. If the Department conducts opt-out HIV | 24 | | testing, the Department shall place signs in English, Spanish | 25 | | and other languages as needed in multiple, highly visible | 26 | | locations in the area where HIV testing is conducted informing |
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| 1 | | inmates that they will be tested for HIV unless they refuse, | 2 | | and refusal or acceptance of testing shall be documented in the | 3 | | inmate's medical record. The Department shall follow | 4 | | procedures established by the Department of Public Health to | 5 | | conduct HIV testing and testing to confirm positive HIV test | 6 | | results. All testing must be conducted by medical personnel, | 7 | | but pre-test and other information may be provided by committed | 8 | | persons who have received appropriate training. The | 9 | | Department, in conjunction with the Department of Public | 10 | | Health, shall develop a plan that complies with the AIDS | 11 | | Confidentiality Act to deliver confidentially all positive or | 12 | | negative HIV test results to inmates or former inmates. Nothing | 13 | | in this Section shall require the Department to offer HIV | 14 | | testing to an inmate who is known to be infected with HIV, or | 15 | | who has been tested for HIV within the previous 180 days and | 16 | | whose documented HIV test result is available to the Department | 17 | | electronically. or any other identified causative agent of | 18 | | acquired immunodeficiency syndrome (AIDS). The Department of | 19 | | Juvenile Justice shall require each person committed to the | 20 | | Department of Juvenile Justice to sign a form stating that the | 21 | | person has been informed of his or her rights with respect to | 22 | | the testing required to be offered under this subsection (a-5) | 23 | | and providing the person with an opportunity to indicate either | 24 | | that he or she wants to be tested or that he or she does not | 25 | | want to be tested. The Department of Juvenile Justice, in | 26 | | consultation with the Department of Public Health, shall |
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| 1 | | prescribe the contents of the form. The testing provided under | 2 | | this subsection (a-5) shall consist of an enzyme-linked | 3 | | immunosorbent assay (ELISA) test or any other test approved by | 4 | | the Department of Public Health. If the test result is | 5 | | positive, the Western Blot Assay or more reliable confirmatory | 6 | | test shall be administered. | 7 | | Also upon admission of a person committed to the Department | 8 | | of Juvenile Justice, the Department of Juvenile Justice must | 9 | | inform the person of the Department's obligation to provide the | 10 | | person with medical care.
| 11 | | Implementation of this subsection (a-5) is subject to | 12 | | appropriation.
| 13 | | (b) Based on its examination, the Department of Juvenile | 14 | | Justice may exercise the following
powers in developing a | 15 | | treatment program of any person committed to the Department of | 16 | | Juvenile Justice:
| 17 | | (1) Require participation by him in vocational, | 18 | | physical, educational
and corrective training and | 19 | | activities to return him to the community.
| 20 | | (2) Place him in any institution or facility of the | 21 | | Department of Juvenile Justice.
| 22 | | (3) Order replacement or referral to the Parole and | 23 | | Pardon Board as
often as it deems desirable. The Department | 24 | | of Juvenile Justice shall refer the person to the
Parole | 25 | | and Pardon Board as required under Section 3-3-4.
| 26 | | (4) Enter into agreements with the Secretary of Human |
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| 1 | | Services and
the Director of Children and Family
Services, | 2 | | with courts having probation officers, and with private | 3 | | agencies
or institutions for separate care or special | 4 | | treatment of persons subject
to the control of the | 5 | | Department of Juvenile Justice.
| 6 | | (c) The Department of Juvenile Justice shall make periodic | 7 | | reexamination of all persons
under the control of the | 8 | | Department of Juvenile Justice to determine whether existing
| 9 | | orders in individual cases should be modified or continued. | 10 | | This
examination shall be made with respect to every person at | 11 | | least once
annually.
| 12 | | (d) A record of the treatment decision including any | 13 | | modification
thereof and the reason therefor, shall be part of | 14 | | the committed person's
master record file.
| 15 | | (e) The Department of Juvenile Justice shall by certified | 16 | | mail, return receipt requested,
notify the parent, guardian or | 17 | | nearest relative of any person committed to
the Department of | 18 | | Juvenile Justice of his physical location and any change | 19 | | thereof.
| 20 | | (Source: P.A. 94-629, eff. 1-1-06; 94-696, eff. 6-1-06 .)
| 21 | | Section 10. The County Jail Act is amended by changing | 22 | | Section 17.10 as follows: | 23 | | (730 ILCS 125/17.10) | 24 | | Sec. 17.10. Requirements in connection with HIV/AIDS. |
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| 1 | | (a) In each county other than Cook, during the medical | 2 | | admissions exam, the warden of the jail, a correctional officer | 3 | | at the jail, or a member of the jail medical staff must provide | 4 | | the prisoner with appropriate written information concerning | 5 | | human immunodeficiency virus (HIV) and acquired | 6 | | immunodeficiency syndrome (AIDS). The Department of Public | 7 | | Health and community-based organizations certified to provide | 8 | | HIV/AIDS testing must provide these informational materials to | 9 | | the warden at no cost to the county. The warden, a correctional | 10 | | officer, or a member of the jail medical staff must inform the | 11 | | prisoner of the option of being tested for infection with HIV | 12 | | by a certified local community-based agency or other available | 13 | | medical provider at no charge to the prisoner. | 14 | | (b) In Cook County, during the medical admissions exam, an | 15 | | employee of the Cook County Health & Hospitals System Bureau of | 16 | | Health Services must provide the prisoner with appropriate | 17 | | written information in writing, verbally or by video or other | 18 | | electronic means concerning human immunodeficiency virus (HIV) | 19 | | and acquired immunodeficiency syndrome (AIDS) and must also | 20 | | provide the prisoner with option of testing for infection with | 21 | | HIV or any other identified causative agent of AIDS, as well as | 22 | | counseling in connection with such testing. The Cook County | 23 | | Health & Hospitals System may provide the inmate with opt-out | 24 | | human immunodeficiency virus (HIV) testing, as defined in | 25 | | Section 4 of the AIDS Confidentiality Act, unless the inmate | 26 | | refuses. If opt-out HIV testing is conducted, the Cook County |
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| 1 | | Health & Hospitals System shall place signs in English, | 2 | | Spanish, and other languages as needed in multiple, highly | 3 | | visible locations in the area where HIV testing is conducted | 4 | | informing inmates that they will be tested for HIV unless they | 5 | | refuse, and refusal or acceptance of testing shall be | 6 | | documented in the inmate's medical record. Pre-test | 7 | | information shall be provided to the inmate and informed | 8 | | consent obtained from the inmate as required in subsection (d) | 9 | | of Section 3 and Section 5 of the AIDS Confidentiality Act. The | 10 | | Cook County Health & Hospitals System 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 | | aspects of HIV testing shall comply with the requirements of | 14 | | the AIDS Confidentiality Act, including delivery of test | 15 | | results, as determined by the Cook County Health & Hospitals | 16 | | System in consultation with the Illinois Department of Public | 17 | | Health. Nothing in this Section shall require the Cook County | 18 | | Health & Hospitals System to offer HIV testing to inmates who | 19 | | are known to be infected with HIV. The Department of Public | 20 | | Health and community-based organizations certified to provide | 21 | | HIV/AIDS testing may must provide these informational | 22 | | materials to the Bureau at no cost to the county. The
testing | 23 | | provided under this subsection (b) shall be conducted by the | 24 | | Cook County Bureau of Health Services and shall consist of an | 25 | | enzyme-linked
immunosorbent assay (ELISA) test or any other | 26 | | test approved by
the Department of Public Health. If the test |
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| 1 | | result is positive,
the Western Blot Assay or more reliable | 2 | | confirmatory test shall be
administered. | 3 | | (c) In each county, the warden of the jail must make | 4 | | appropriate written information concerning HIV/AIDS available | 5 | | to every visitor to the jail. This information must include | 6 | | information concerning persons or entities to contact for local | 7 | | counseling and testing. The Department of Public Health and | 8 | | community-based organizations certified to provide HIV/AIDS | 9 | | testing must provide these informational materials to the | 10 | | warden at no cost to the office of the county sheriff. | 11 | | (d) Implementation of this Section is subject to | 12 | | appropriation.
| 13 | | (Source: P.A. 94-629, eff. 1-1-06.)
| 14 | | Section 99. Effective date. This Act takes effect August 1, | 15 | | 2011. |
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