Full Text of HB4965 099th General Assembly
HB4965 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4965 Introduced 2/5/2016, by Rep. Litesa E. Wallace SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-8-2 | from Ch. 38, par. 1003-8-2 |
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Amends the Unified Code of Corrections. Provides that upon arrival at a reception and classification center or an inmate's final destination, the Department of Corrections must provide the committed person with appropriate information in writing, verbally, by video or other electronic means concerning the procedure to request that the Department of Healthcare and Family Services suspend a committed person's payment of child support during his or her incarceration in a Department institution or facility if the committed person owes child support. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB4965 | | LRB099 18133 RLC 42499 b |
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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 Section 3-8-2 as follows:
| 6 | | (730 ILCS 5/3-8-2) (from Ch. 38, par. 1003-8-2)
| 7 | | Sec. 3-8-2. Social Evaluation; physical examination; | 8 | | HIV/AIDS ; child support . | 9 | | (a) A social evaluation shall be made of a
committed | 10 | | person's medical, psychological, educational and vocational | 11 | | condition
and history, including the use of alcohol and other | 12 | | drugs, the
circumstances of his offense, and such other | 13 | | information as the Department
may determine. The committed | 14 | | person shall be assigned to an institution or
facility in so | 15 | | far as practicable in accordance with the social evaluation.
| 16 | | Recommendations shall be made for medical, dental, | 17 | | psychiatric,
psychological and social service treatment.
| 18 | | (b) A record of the social evaluation shall be entered in | 19 | | the committed
person's master record file and shall be | 20 | | forwarded to the institution or
facility to which the person is | 21 | | assigned.
| 22 | | (c) Upon admission to a correctional institution each | 23 | | committed person
shall be given a physical examination. If he |
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| 1 | | is suspected of having a
communicable disease that in the | 2 | | judgment of the Department medical
personnel requires medical | 3 | | isolation, the committed person shall remain in
medical | 4 | | isolation until it is no longer deemed medically necessary. | 5 | | (d) Upon arrival at a reception and classification center | 6 | | or an inmate's final destination, the Department must provide | 7 | | the committed person with appropriate information in writing, | 8 | | verbally, by video or other electronic means concerning HIV and | 9 | | AIDS. The Department shall develop the informational materials | 10 | | in consultation with the Department of Public Health. At the | 11 | | same time, the Department also must offer the
committed person | 12 | | the option of being tested, with no copayment, for infection | 13 | | with human immunodeficiency virus (HIV). Pre-test information | 14 | | shall be provided to the committed person and informed consent | 15 | | obtained as required in subsection (q) of Section 3 and Section | 16 | | 5 of the AIDS Confidentiality Act. The Department may conduct | 17 | | opt-out HIV testing as defined in Section 4 of the AIDS | 18 | | Confidentiality Act. If the Department conducts opt-out HIV | 19 | | testing, the Department shall place signs in English, Spanish | 20 | | and other languages as needed in multiple, highly visible | 21 | | locations in the area where HIV testing is conducted informing | 22 | | inmates that they will be tested for HIV unless they refuse, | 23 | | and refusal or acceptance of testing shall be documented in the | 24 | | inmate's medical record. The Department shall follow | 25 | | procedures established by the Department of Public Health to | 26 | | conduct HIV testing and testing to confirm positive HIV test |
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| 1 | | results. All testing must be conducted by medical personnel, | 2 | | but pre-test and other information may be provided by committed | 3 | | persons who have received appropriate training. The | 4 | | Department, in conjunction with the Department of Public | 5 | | Health, shall develop a plan that complies with the AIDS | 6 | | Confidentiality Act to deliver confidentially all positive or | 7 | | negative HIV test results to inmates or former inmates. Nothing | 8 | | in this Section shall require the Department to offer HIV | 9 | | testing to an inmate who is known to be infected with HIV, or | 10 | | who has been tested for HIV within the previous 180 days and | 11 | | whose documented HIV test result is available to the Department | 12 | | electronically. The
testing provided under this subsection (d) | 13 | | shall consist of a test approved by the Illinois Department of | 14 | | Public Health to determine the presence of HIV infection, based | 15 | | upon recommendations of the United States Centers for Disease | 16 | | Control and Prevention. If the test result is positive, a | 17 | | reliable supplemental test based upon recommendations of the | 18 | | United States Centers for Disease Control and Prevention shall | 19 | | be
administered.
| 20 | | (e) Upon arrival at a reception and classification center | 21 | | or an inmate's final destination, the Department must provide | 22 | | the committed person with appropriate information in writing, | 23 | | verbally, by video or other electronic means concerning the | 24 | | procedure to request that the Department of Healthcare and | 25 | | Family Services suspend a committed person's payment of child | 26 | | support during his or her incarceration in a Department |
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| 1 | | institution or facility if the committed person owes child | 2 | | support. | 3 | | (Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11; | 4 | | 97-813, eff. 7-13-12; 98-1046, eff. 1-1-15 .)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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