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Public Act 92-0292
HB2847 Enrolled LRB9202406ARsb
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 3-6-2 as follows:
(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
Sec. 3-6-2. Institutions and Facility Administration.
(a) Each institution and facility of the Department
shall be administered by a chief administrative officer
appointed by the Director. A chief administrative officer
shall be responsible for all persons assigned to the
institution or facility. The chief administrative officer
shall administer the programs of the Department for the
custody and treatment of such persons.
(b) The chief administrative officer shall have such
assistants as the Department may assign.
(c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the
State, subject to the acceptance of such receiving
institution or facility, or to designate any reasonably
secure place in the State as such an institution or facility
and to make transfers thereto. However, transfers made under
emergency powers shall be reviewed as soon as practicable
under Article 8, and shall be subject to Section 5-905 of the
Juvenile Court Act of 1987. This Section shall not apply to
transfers to the Department of Human Services which are
provided for under Section 3-8-5 or Section 3-10-5.
(d) The Department shall provide educational programs
for all committed persons so that all persons have an
opportunity to attain the achievement level equivalent to the
completion of the twelfth grade in the public school system
in this State. Other higher levels of attainment shall be
encouraged and professional instruction shall be maintained
wherever possible. The Department may establish programs of
mandatory education and may establish rules and regulations
for the administration of such programs. A person committed
to the Department who, during the period of his or her
incarceration, participates in an educational program
provided by or through the Department and through that
program is awarded or earns the number of hours of credit
required for the award of an associate, baccalaureate, or
higher degree from a community college, college, or
university located in Illinois shall reimburse the State,
through the Department, for the costs incurred by the State
in providing that person during his or her incarceration with
the education that qualifies him or her for the award of that
degree. The costs for which reimbursement is required under
this subsection shall be determined and computed by the
Department under rules and regulations that it shall
establish for that purpose. However, interest at the rate of
6% per annum shall be charged on the balance of those costs
from time to time remaining unpaid, from the date of the
person's parole, mandatory supervised release, or release
constituting a final termination of his or her commitment to
the Department until paid.
(e) A person committed to the Department who becomes in
need of medical or surgical treatment but is incapable of
giving consent thereto shall receive such medical or surgical
treatment by the chief administrative officer consenting on
the person's behalf. Before the chief administrative officer
consents, he or she shall obtain the advice of one or more
physicians licensed to practice medicine in all its branches
in this State. If such physician or physicians advise:
(1) that immediate medical or surgical treatment is
required relative to a condition threatening to cause
death, damage or impairment to bodily functions, or
disfigurement; and
(2) that the person is not capable of giving
consent to such treatment; the chief administrative
officer may give consent for such medical or surgical
treatment, and such consent shall be deemed to be the
consent of the person for all purposes, including, but
not limited to, the authority of a physician to give such
treatment.
(f) In the event that the person requires medical care
and treatment at a place other than the institution or
facility, the person may be removed therefrom under
conditions prescribed by the Department. The Department shall
require the committed person receiving medical or dental
services on a non-emergency basis to pay a $2 co-payment to
the Department for each visit for medical or dental services.
The amount of each co-payment shall be deducted from the
committed person's individual account. A committed person who
has a chronic illness, as defined by Department rules and
regulations, shall be exempt from the $2 co-payment for
treatment of the chronic illness. A committed person shall
not be subject to a $2 co-payment for follow-up visits
ordered by a physician, who is employed by, or contracts
with, the Department. A committed person who is indigent is
exempt from the $2 co-payment and is entitled to receive
medical or dental services on the same basis as a committed
person who is financially able to afford the co-payment.
Notwithstanding any other provision in this subsection (f) to
the contrary, any person committed to any facility operated
by the Juvenile Division, as set forth in subsection (b) of
Section 3-2-5 of this Code, is exempt from the co-payment
requirement for the duration of confinement in those
facilities.
(g) Any person having sole custody of a child at the
time of commitment or any woman giving birth to a child after
her commitment, may arrange through the Department of
Children and Family Services for suitable placement of the
child outside of the Department of Corrections. The Director
of the Department of Corrections may determine that there are
special reasons why the child should continue in the custody
of the mother until the child is 6 years old.
(h) The Department may provide Family Responsibility
Services which may consist of, but not be limited to the
following:
(1) family advocacy counseling;
(2) parent self-help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling,
either separately or together, preceding the inmate's
release; and
(6) a prerelease reunification staffing involving
the family advocate, the inmate and the child's
counselor, or both and the inmate.
(i) Prior to the release of any inmate who has a
documented history of intravenous drug use, and upon the
receipt of that inmate's written informed consent, the
Department shall provide for the testing of such inmate for
infection with human immunodeficiency virus (HIV) and any
other identified causative agent of acquired immunodeficiency
syndrome (AIDS). The testing provided under this subsection
shall consist of an enzyme-linked immunosorbent assay (ELISA)
test or such other test as may be approved by the Illinois
Department of Public Health. If the test result is positive,
the Western Blot Assay or more reliable confirmatory test
shall be administered. All inmates tested in accordance with
the provisions of this subsection shall be provided with
pre-test and post-test counseling. Notwithstanding any
provision of this subsection to the contrary, the Department
shall not be required to conduct the testing and counseling
required by this subsection unless sufficient funds to cover
all costs of such testing and counseling are appropriated for
that purpose by the General Assembly.
(Source: P.A. 90-14, eff. 7-1-97; 90-590, eff. 1-1-99;
91-912, eff. 7-7-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 17, 2001.
Approved August 09, 2001.
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