Public Act 093-0928
 		





SB2653 Enrolled
LRB093 18595 RLC 44318 b






    AN ACT concerning corrections.

 
    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.
    (e-5) If a physician providing medical care to a committed 
person on behalf of the Department advises the chief 
administrative officer that the committed person's mental or 
physical health has deteriorated as a result of the cessation 
of ingestion of food or liquid to the point where medical or 
surgical treatment is required to prevent death, damage, or 
impairment to bodily functions, the chief administrative 
officer may authorize such medical or surgical 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.


    (j) Any person convicted of a sex offense as defined in the 
Sex Offender
Management Board Act shall be required to receive 
a sex offender evaluation
prior to release into the community 
from the Department of Corrections.  The
sex offender evaluation 
shall be conducted in conformance with the standards
and 
guidelines developed under
the Sex Offender Management Board 
Act and by an evaluator approved by the
Board.

    (k) Any minor committed to the Department of 
Corrections-Juvenile Division
for a sex offense as defined by 
the Sex Offender Management Board Act shall be
required to 
undergo sex offender treatment by a treatment provider approved 
by
the Board and conducted in conformance with the Sex Offender 
Management Board
Act.


(Source: P.A. 92-292, eff. 8-9-01; 93-616, eff. 1-1-04.)