Public Act 100-1186
 
SB1987 EnrolledLRB100 09952 MJP 20123 b


  
    AN ACT concerning safety.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The State Police Act is amended  by changing 
Section 45 as follows:
 
    (20 ILCS 2610/45)
    (This Section may contain text from a Public Act with a 
delayed effective date)
    Sec. 45. Compliance with the Health Care Violence 
Prevention Act; training. The Department shall comply with the 
Health Care Violence Prevention Act and shall provide an 
appropriate level of training for its officers concerning the 
Health Care Violence Prevention Act.

(Source: P.A. 100-1051, eff. 1-1-19.)
 
    Section 10. The Health Care Violence Prevention Act is 
amended  by changing Section 30 as follows:
 
    (210 ILCS 160/30)
    (This Section may contain text from a Public Act with a 
delayed effective date)

    Sec. 30. Medical care for committed persons.
 
    (a) If a committed person receives medical care and 
treatment at a place other than an institution or facility of 
the Department of Corrections, a county, or a municipality, 
then the institution or facility shall:

        (1) to the greatest extent practicable, notify the 
    hospital or medical facility that is treating the committed 
    person prior to the committed person's visit and notify the 
    hospital or medical facility of any significant medical, 
    mental health, recent violent actions, or other safety 
    concerns regarding the patient;

        (2) to the greatest extent practicable, ensure the 
    transferred committed person is accompanied by the most 
    comprehensive medical records possible;

        (3) provide at least one guard trained in custodial 
    escort and custody of high-risk committed persons to 
    accompany any committed person.  The custodial agency shall 
    attest to such training for custodial escort and custody of 
    high-risk committed persons through: (A) the training of 
    the  Department of Corrections, or Department of Juvenile 
    Justice, or Department of State Police; (B) law enforcement 
    training that is substantially equivalent to the  training 
    of the  Department of Corrections, or Department of Juvenile 
    Justice, or Department of State Police; or (C) the training 
    described in Section 35. Under no circumstances may leg 
    irons or shackles or waist shackles be used on any pregnant 
    female prisoner who is in labor. In addition,  restraint of 
    a pregnant female prisoner in the custody of the Cook 
    County shall comply with Section 3-15003.6 of the Counties 
    Code. Additionally, restraints shall not be used on a 
    committed person if medical personnel determine that the 
    restraints would impede medical treatment; and
        (4) ensure that only medical personnel, Department of 
    Corrections, county, or municipality personnel, and 
    visitors on the committed person's approved institutional 
    visitors list may visit the committed person. Visitation by 
    a person on the committed person's approved institutional 
    visitors list shall be subject to the rules and procedures 
    of the hospital or  medical facility and the Department of 
    Corrections, county, or municipality. In any situation in 
    which a committed person is being visited:
            (A) the name of the visitor must be listed per the 
        facility's or institution's documentation;
            (B) the visitor shall submit to the search of his 
        or her person or any personal property under his or her 
        control at any time; and
            (C) the custodial agency may deny the committed 
        person access to a telephone or limit the number of 
        visitors the committed person may receive for purposes 
        of safety.
    If a committed person receives medical care and treatment 
at a place other than an institution or facility of the 
Department of Corrections, county, or municipality, then the 
custodial agency shall ensure that the committed person is 
wearing security restraints in accordance with the custodial 
agency's rules and procedures if the custodial agency 
determines that restraints are necessary for the following 
reasons: (i) to prevent physical harm to the committed person 
or another person; (ii) because the committed person has a 
history of disruptive behavior that has placed others in 
potentially harmful situations or presents a substantial risk 
of inflicting physical harm on himself or herself or others as 
evidenced by recent behavior; or (iii) there is a well-founded 
belief that the committed person presents a substantial risk of 
flight. Under no circumstances may leg irons or shackles or 
waist shackles be used on any pregnant female prisoner who is 
in labor. In addition, restraint of a pregnant female prisoner 
in the custody of the Cook County shall comply with Section 
3-15003.6 of the Counties Code.
    The hospital or medical facility may establish protocols 
for the receipt of committed persons  in collaboration with the 
Department of Corrections, county, or municipality, 
specifically with regard to potentially violent persons.


    (b) If a committed person receives medical care and 
treatment at a place other than an institution or facility of 
the Department of Juvenile Justice, then the institution or 
facility shall:

        (1) to the greatest extent practicable, notify the 
    hospital or medical facility that is treating the committed 
    person prior to the committed person's visit, and notify 
    the hospital or medical facility of any significant 
    medical, mental health, recent violent actions, or other 
    safety concerns regarding the patient;

        (2) to the greatest extent practicable, ensure the 
    transferred committed person is accompanied by the most 
    comprehensive medical records possible;

        (3) provide: (A) at least one guard trained in 
    custodial escort and custody of high-risk committed 
    persons to accompany any committed person. The custodial 
    agency  shall attest to such training for custodial escort 
    and custody of high-risk committed persons through: (i) the 
    training of the  Department of Corrections, or Department of 
    Juvenile Justice, or Department of State Police, (ii) law 
    enforcement training that is substantially equivalent to 
    the  training of the  Department of Corrections, or 
    Department of Juvenile Justice, or Department of State 
    Police, or (iii) the training described  in Section 35; or 
    (B) 2 guards to accompany the committed person at all times 
    during the visit to the hospital or medical facility; and

        (4) ensure that only medical personnel, Department of 
    Juvenile Justice personnel, and visitors on the committed 
    person's approved institutional visitors list may visit 
    the committed person. Visitation by a person on the 
    committed person's approved institutional visitors list 
    shall be subject to the rules and procedures of the 
    hospital or  medical facility and the Department of Juvenile 
    Justice. In any situation in which a committed person is 
    being visited:

            (A)   the name of the visitor must be listed per the 
        facility's or institution's documentation;

            (B)   the visitor shall submit to the search of his 
        or her person or any personal property under his or her 
        control at any time;
and
            (C)   the custodial agency may deny the committed 
        person access to a telephone or limit the number of 
        visitors the committed person may receive for purposes 
        of safety.
    If a committed person receives medical care and treatment 
at a place other than an institution or facility of the 
Department of Juvenile Justice, then the Department of Juvenile 
Justice shall ensure that the committed person is wearing 
security restraints on either his or her wrists or ankles in 
accordance with the rules and procedures of the Department of 
Juvenile Justice if the Department of Juvenile Justice 
determines that restraints are necessary for the following 
reasons: (i) to prevent physical harm to the committed person 
or another person; (ii) because the committed person has a 
history of disruptive behavior that has placed others in 
potentially harmful situations or presents a substantial risk 
of inflicting physical harm on himself or herself or others as 
evidenced by recent behavior; or (iii) there is a well-founded 
belief that the committed person presents a substantial risk of 
flight. Any restraints used on a committed person under this 
paragraph shall be the least restrictive restraints necessary 
to prevent flight or physical harm to the committed person or 
another person. Restraints shall not be used on the committed 
person as provided in this paragraph if medical personnel 
determine that the restraints would impede medical treatment. 
Under no circumstances may leg irons or shackles or waist 
shackles be used on any pregnant female prisoner who is in 
labor. In addition, restraint of a pregnant female prisoner in 
the custody of the Cook County shall comply with Section 
3-15003.6 of the Counties Code.
    The hospital or medical facility may establish protocols 
for the receipt of committed persons in collaboration with the 
Department of Juvenile Justice, specifically with regard to 
persons recently exhibiting violence.

(Source: P.A. 100-1051, eff. 1-1-19.)
 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.


Effective Date:  4/5/2019