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| Public Act 094-0629 |
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AN ACT in relation to health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
African-American HIV/AIDS Response Act. | ||||
Section 5. Legislative finding. The General Assembly finds
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that HIV/AIDS in the African-American community is a crisis
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separate and apart from the overall issue of HIV/AIDS in other
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communities.
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Section 10. African-American HIV/AIDS Response Officer. An | ||||
African-American HIV/AIDS Response Officer, responsible for | ||||
coordinating efforts to address the African-American AIDS | ||||
crisis within his or her respective Office or Department and | ||||
serving as a liaison to governmental and non-governmental | ||||
entities beyond his or her respective Office or Department | ||||
regarding the same, shall be designated in each of the | ||||
following:
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(1) The Office of the Governor.
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(2) The Department of Human Services.
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(3) The Department of Public Health.
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(4) The Department of Corrections.
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Section 15. State agencies; HIV testing. | ||||
(a) In this Section:
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"High-risk community" means a community designated as | ||||
high-risk by the Department of Public Health in rules.
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"High-traffic facility" means a high-traffic facility as | ||||
defined by the State agency operating the facility.
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"State agency" means (i) any department of State government | ||||
created under Section 5-15 of the Departments of State | ||||
Government Law of the Civil Administrative Code of Illinois or | ||||
(ii) the Office of the Secretary of State.
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(b) The Department of Public Health shall coordinate the | ||
response to HIV/AIDS in the African-American community. | ||
(c) A State agency that operates a facility that (i) is | ||
accessible to the public, (ii) is a high-traffic facility, and | ||
(iii) serves a high-risk community must provide the following | ||
in each such facility where space and security reasonably | ||
permit:
space for free HIV counseling and antibody testing to a | ||
community-based organization licensed to do testing, in | ||
accordance with the AIDS Confidentiality Act and rules adopted | ||
by the Department of Public Health.
The State agency or its | ||
employees shall not conduct any counseling or testing required | ||
to be provided under this subsection, but the agency shall make | ||
appropriate arrangements with one or more certified | ||
community-based organizations to conduct the counseling or | ||
testing. The testing required to be provided under this | ||
subsection is the rapid testing authorized under Section 5.5 of | ||
the AIDS Confidentiality Act. | ||
(d) Neither the State of Illinois nor any State agency | ||
supplying space for services authorized by this Section shall | ||
be liable for damages based on the provision of such space or | ||
claimed to result from any services performed in such space, | ||
except that this immunity does not apply in the case of willful | ||
and wanton misconduct. | ||
Section 20. Study. The Illinois HIV/AIDS Policy and | ||
Research Institute at Chicago State University shall conduct a | ||
study to determine whether there is a correlation between | ||
incarceration and HIV infection. | ||
Section 25. HIV/AIDS Response Review Panel. | ||
(a) The HIV/AIDS Response Review Panel is established | ||
within the Office of the Governor. The Panel shall consist of | ||
the following members: | ||
(1) One member appointed by the Governor. This member | ||
shall serve as the Chair of the Panel. | ||
(2) One representative of each of the following, | ||
appointed by the head of the department: the Department of | ||
Corrections; the Department of Human Services; and the | ||
Department of Public Health. | ||
(3) Two ex-offenders who are familiar with the issue of | ||
HIV/AIDS as it relates to incarceration, appointed by | ||
Governor. One of these members must be from Cook County, | ||
and the other must be from a county other than Cook. Both | ||
of these members must have received a final discharge from | ||
the Department of Corrections. | ||
(4) Three representatives of HIV/AIDS organizations | ||
that have been in business for at least 2 years, appointed | ||
by Governor. In the case of such an organization that | ||
represents a constituency the majority of whom are | ||
African-American, the organization's representative who is | ||
a member of the Panel must be African-American. | ||
(b) The Panel shall review the implementation of this Act | ||
within the Department of Corrections and shall file a report | ||
with the General Assembly and with the Governor every January 1 | ||
stating the results of its review. | ||
Section 30. Rules. | ||
(a) No later than March 15, 2006, the Department of Public | ||
Health shall issue proposed rules for designating high-risk | ||
communities and for implementing subsection (c) of Section 15. | ||
The rules must include, but may not be limited to, a standard | ||
testing protocol, training for staff, community-based | ||
organization experience, and the removal and proper disposal of | ||
hazardous waste. | ||
(b) The Department of Human Services, the Department of | ||
Public Health, and the Department of Corrections shall adopt | ||
rules as necessary to ensure that this Act is implemented | ||
within 6 months after the effective date of this Act. | ||
Section 35. Implementation subject to appropriation. | ||
Implementation of this Act is subject to appropriation. | ||
Section 90. The Department of Public Health Powers and | ||
Duties Law of the
Civil Administrative Code of Illinois is | ||
amended by adding Section 2310-321 as follows: | ||
(20 ILCS 2310/2310-321 new) | ||
Sec. 2310-321. Information for persons committed to the | ||
Department of Corrections and persons confined in a county | ||
jail. On the Department's official Web site, the Department | ||
shall provide Web-friendly and printer-friendly versions of | ||
educational materials targeted to persons presently or | ||
previously committed to the Department of Corrections or | ||
confined in a county jail, as well as family members and | ||
friends of such persons. The information shall include | ||
information concerning testing, counseling, and case | ||
management, including referrals and support services, in | ||
connection with human immunodeficiency virus (HIV) or any other
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identified causative agent of acquired immunodeficiency | ||
syndrome (AIDS). Implementation of this Section is subject to | ||
appropriation. | ||
Section 92. The Illinois Public Aid Code is amended by | ||
changing Sections 5-2 and 9A-4 and by adding Section 5-5.04 as | ||
follows:
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(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
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Sec. 5-2. Classes of Persons Eligible. Medical assistance | ||
under this
Article shall be available to any of the following | ||
classes of persons in
respect to whom a plan for coverage has | ||
been submitted to the Governor
by the Illinois Department and | ||
approved by him:
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1. Recipients of basic maintenance grants under Articles | ||
III and IV.
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2. Persons otherwise eligible for basic maintenance under | ||
Articles
III and IV but who fail to qualify thereunder on the | ||
basis of need, and
who have insufficient income and resources | ||
to meet the costs of
necessary medical care, including but not | ||
limited to the following:
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(a) All persons otherwise eligible for basic | ||
maintenance under Article
III but who fail to qualify under | ||
that Article on the basis of need and who
meet either of | ||
the following requirements:
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(i) their income, as determined by the Illinois | ||
Department in
accordance with any federal | ||
requirements, is equal to or less than 70% in
fiscal | ||
year 2001, equal to or less than 85% in fiscal year | ||
2002 and until
a date to be determined by the | ||
Department by rule, and equal to or less
than 100% | ||
beginning on the date determined by the Department by | ||
rule, of the nonfarm income official poverty
line, as | ||
defined by the federal Office of Management and Budget | ||
and revised
annually in accordance with Section 673(2) | ||
of the Omnibus Budget Reconciliation
Act of 1981, | ||
applicable to families of the same size; or
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(ii) their income, after the deduction of costs | ||
incurred for medical
care and for other types of | ||
remedial care, is equal to or less than 70% in
fiscal | ||
year 2001, equal to or less than 85% in fiscal year | ||
2002 and until
a date to be determined by the | ||
Department by rule, and equal to or less
than 100% | ||
beginning on the date determined by the Department by | ||
rule, of the nonfarm income official poverty
line, as | ||
defined in item (i) of this subparagraph (a).
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(b) All persons who would be determined eligible for | ||
such basic
maintenance under Article IV by disregarding the | ||
maximum earned income
permitted by federal law.
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3. Persons who would otherwise qualify for Aid to the | ||
Medically
Indigent under Article VII.
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4. Persons not eligible under any of the preceding | ||
paragraphs who fall
sick, are injured, or die, not having | ||
sufficient money, property or other
resources to meet the costs | ||
of necessary medical care or funeral and burial
expenses.
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5. (a) Women during pregnancy, after the fact
of pregnancy | ||
has been determined by medical diagnosis, and during the
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60-day period beginning on the last day of the pregnancy, | ||
together with
their infants and children born after | ||
September 30, 1983,
whose income and
resources are | ||
insufficient to meet the costs of necessary medical care to
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the maximum extent possible under Title XIX of the
Federal | ||
Social Security Act.
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(b) The Illinois Department and the Governor shall | ||
provide a plan for
coverage of the persons eligible under | ||
paragraph 5(a) by April 1, 1990. Such
plan shall provide | ||
ambulatory prenatal care to pregnant women during a
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presumptive eligibility period and establish an income | ||
eligibility standard
that is equal to 133%
of the nonfarm | ||
income official poverty line, as defined by
the federal | ||
Office of Management and Budget and revised annually in
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accordance with Section 673(2) of the Omnibus Budget | ||
Reconciliation Act of
1981, applicable to families of the | ||
same size, provided that costs incurred
for medical care | ||
are not taken into account in determining such income
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eligibility.
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(c) The Illinois Department may conduct a | ||
demonstration in at least one
county that will provide | ||
medical assistance to pregnant women, together
with their | ||
infants and children up to one year of age,
where the | ||
income
eligibility standard is set up to 185% of the | ||
nonfarm income official
poverty line, as defined by the | ||
federal Office of Management and Budget.
The Illinois | ||
Department shall seek and obtain necessary authorization
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provided under federal law to implement such a | ||
demonstration. Such
demonstration may establish resource | ||
standards that are not more
restrictive than those | ||
established under Article IV of this Code.
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6. Persons under the age of 18 who fail to qualify as | ||
dependent under
Article IV and who have insufficient income and | ||
resources to meet the costs
of necessary medical care to the | ||
maximum extent permitted under Title XIX
of the Federal Social | ||
Security Act.
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7. Persons who are under 21 years of age and would
qualify | ||
as
disabled as defined under the Federal Supplemental Security | ||
Income Program,
provided medical service for such persons would | ||
be eligible for Federal
Financial Participation, and provided | ||
the Illinois Department determines that:
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(a) the person requires a level of care provided by a | ||
hospital, skilled
nursing facility, or intermediate care | ||
facility, as determined by a physician
licensed to practice | ||
medicine in all its branches;
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(b) it is appropriate to provide such care outside of | ||
an institution, as
determined by a physician licensed to | ||
practice medicine in all its branches;
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(c) the estimated amount which would be expended for | ||
care outside the
institution is not greater than the | ||
estimated amount which would be
expended in an institution.
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8. Persons who become ineligible for basic maintenance | ||
assistance
under Article IV of this Code in programs | ||
administered by the Illinois
Department due to employment | ||
earnings and persons in
assistance units comprised of adults | ||
and children who become ineligible for
basic maintenance | ||
assistance under Article VI of this Code due to
employment | ||
earnings. The plan for coverage for this class of persons | ||
shall:
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(a) extend the medical assistance coverage for up to 12 | ||
months following
termination of basic maintenance | ||
assistance; and
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(b) offer persons who have initially received 6 months | ||
of the
coverage provided in paragraph (a) above, the option | ||
of receiving an
additional 6 months of coverage, subject to | ||
the following:
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(i) such coverage shall be pursuant to provisions | ||
of the federal
Social Security Act;
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(ii) such coverage shall include all services | ||
covered while the person
was eligible for basic | ||
maintenance assistance;
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(iii) no premium shall be charged for such | ||
coverage; and
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(iv) such coverage shall be suspended in the event | ||
of a person's
failure without good cause to file in a | ||
timely fashion reports required for
this coverage | ||
under the Social Security Act and coverage shall be | ||
reinstated
upon the filing of such reports if the | ||
person remains otherwise eligible.
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9. Persons with acquired immunodeficiency syndrome (AIDS) | ||
or with
AIDS-related conditions with respect to whom there has | ||
been a determination
that but for home or community-based | ||
services such individuals would
require the level of care | ||
provided in an inpatient hospital, skilled
nursing facility or | ||
intermediate care facility the cost of which is
reimbursed | ||
under this Article. Assistance shall be provided to such
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persons to the maximum extent permitted under Title
XIX of the | ||
Federal Social Security Act.
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10. Participants in the long-term care insurance | ||
partnership program
established under the Partnership for | ||
Long-Term Care Act who meet the
qualifications for protection | ||
of resources described in Section 25 of that
Act.
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11. Persons with disabilities who are employed and eligible | ||
for Medicaid,
pursuant to Section 1902(a)(10)(A)(ii)(xv) of | ||
the Social Security Act, as
provided by the Illinois Department | ||
by rule.
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12. Subject to federal approval, persons who are eligible | ||
for medical
assistance coverage under applicable provisions of | ||
the federal Social Security
Act and the federal Breast and | ||
Cervical Cancer Prevention and Treatment Act of
2000. Those | ||
eligible persons are defined to include, but not be limited to,
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the following persons:
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(1) persons who have been screened for breast or | ||
cervical cancer under
the U.S. Centers for Disease Control | ||
and Prevention Breast and Cervical Cancer
Program | ||
established under Title XV of the federal Public Health | ||
Services Act in
accordance with the requirements of Section | ||
1504 of that Act as administered by
the Illinois Department | ||
of Public Health; and
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(2) persons whose screenings under the above program | ||
were funded in whole
or in part by funds appropriated to | ||
the Illinois Department of Public Health
for breast or | ||
cervical cancer screening.
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"Medical assistance" under this paragraph 12 shall be identical | ||
to the benefits
provided under the State's approved plan under | ||
Title XIX of the Social Security
Act. The Department must | ||
request federal approval of the coverage under this
paragraph | ||
12 within 30 days after the effective date of this amendatory | ||
Act of
the 92nd General Assembly.
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13. Subject to appropriation and to federal approval, | ||
persons living with HIV/AIDS who are not otherwise eligible | ||
under this Article and who qualify for services covered under | ||
Section 5-5.04 as provided by the Illinois Department by rule.
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The Illinois Department and the Governor shall provide a | ||
plan for
coverage of the persons eligible under paragraph 7 as | ||
soon as possible after
July 1, 1984.
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The eligibility of any such person for medical assistance | ||
under this
Article is not affected by the payment of any grant | ||
under the Senior
Citizens and Disabled Persons Property Tax | ||
Relief and Pharmaceutical
Assistance Act or any distributions | ||
or items of income described under
subparagraph (X) of
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paragraph (2) of subsection (a) of Section 203 of the Illinois | ||
Income Tax
Act. The Department shall by rule establish the | ||
amounts of
assets to be disregarded in determining eligibility | ||
for medical assistance,
which shall at a minimum equal the | ||
amounts to be disregarded under the
Federal Supplemental | ||
Security Income Program. The amount of assets of a
single | ||
person to be disregarded
shall not be less than $2,000, and the | ||
amount of assets of a married couple
to be disregarded shall | ||
not be less than $3,000.
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To the extent permitted under federal law, any person found | ||
guilty of a
second violation of Article VIIIA
shall be | ||
ineligible for medical assistance under this Article, as | ||
provided
in Section 8A-8.
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The eligibility of any person for medical assistance under | ||
this Article
shall not be affected by the receipt by the person | ||
of donations or benefits
from fundraisers held for the person | ||
in cases of serious illness,
as long as neither the person nor | ||
members of the person's family
have actual control over the | ||
donations or benefits or the disbursement
of the donations or | ||
benefits.
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(Source: P.A. 92-16, eff. 6-28-01; 92-47, eff. 7-3-01; 92-597, | ||
eff. 6-28-02;
93-20, eff. 6-20-03.)
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(305 ILCS 5/5-5.04 new) | ||
Sec. 5-5.04. Persons living with HIV/AIDS. The Department | ||
of Public Aid may seek federal approval to expand access to | ||
health care for persons living with HIV/AIDS. Implementation of | ||
this Section is subject to appropriation.
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(305 ILCS 5/9A-4) (from Ch. 23, par. 9A-4)
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Sec. 9A-4. Participation.
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(a) Except for those exempted under subsection (b) below, | ||
and to the
extent resources permit, the Illinois Department as | ||
a condition of
eligibility for public aid, may, as provided by | ||
rule, require all
recipients to participate in an education, | ||
training, and employment
program, which shall include | ||
accepting suitable employment and refraining
from terminating | ||
employment or reducing earnings without good cause.
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(b) Recipients shall be exempt from the requirement of
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participation in the education, training, and employment | ||
program
in the following circumstances:
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(1)
The recipient is a person over age 60; or
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(2)
The recipient is a person with a child under age | ||
one.
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Recipients are entitled to request a reasonable | ||
modification to the requirement of participation in the | ||
education, training and employment program in order to | ||
accommodate a qualified individual with a disability as defined | ||
by the Americans with Disabilities Act. Requests for a | ||
reasonable modification shall be evaluated on a case-by-case | ||
functional basis by designated staff based on Department rule. | ||
All such requests shall be monitored as part of the agency's | ||
quality assurance process or processes to attest to the | ||
expediency with which such requests are addressed. | ||
Implementation of the changes made to this Section by this | ||
amendatory Act of the 94th General Assembly is subject to | ||
appropriation.
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(Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.)
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Section 94. The Unified Code of Corrections is amended by | ||
changing Sections 3-6-2, 3-7-2, 3-8-2, and 3-10-2 and by adding | ||
Section 3-2-11 as follows: | ||
(730 ILCS 5/3-2-11 new)
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Sec. 3-2-11. Web link to Department of Public Health | ||
information. On the Department's official Web site, the | ||
Department shall provide a link to the information provided to | ||
persons committed to the Department and those persons' family | ||
members and friends by the Department of Public Health pursuant | ||
to Section 2310-321 of the Department of Public Health Powers | ||
and Duties Law of the Civil Administrative Code of Illinois. | ||
Implementation of this Section is subject to appropriation. | ||
(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | ||
Sec. 3-6-2. Institutions and Facility Administration.
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(a) Each institution and facility of the Department shall | ||
be
administered by a chief administrative officer appointed by
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the Director. A chief administrative officer shall be
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responsible for all persons assigned to the institution or
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facility. The chief administrative officer shall administer
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the programs of the Department for the custody and treatment
of | ||
such persons.
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(b) The chief administrative officer shall have such | ||
assistants
as the Department may assign.
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(c) The Director or Assistant Director shall have the
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emergency powers to temporarily transfer individuals without
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formal procedures to any State, county, municipal or regional
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correctional or detention institution or facility in the State,
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subject to the acceptance of such receiving institution or
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facility, or to designate any reasonably secure place in the
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State as such an institution or facility and to make transfers
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thereto. However, transfers made under emergency powers shall
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be reviewed as soon as practicable under Article 8, and shall
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be subject to Section 5-905 of the Juvenile Court Act of
1987. | ||
This Section shall not apply to transfers to the Department of
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Human Services which are provided for under
Section 3-8-5 or | ||
Section 3-10-5.
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(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
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the twelfth grade in the public school system in this State.
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Other higher levels of attainment shall be encouraged and
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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
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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
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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.
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(d-5) A person committed to the Department is entitled to | ||
confidential testing for infection with human immunodeficiency | ||
virus (HIV) and to counseling in connection with such testing, | ||
with no copay to the committed person. A person committed to | ||
the Department who has tested positive for infection with HIV | ||
is entitled to medical care while incarcerated, counseling, and | ||
referrals to support services, in connection with that positive | ||
test result. Implementation of this subsection (d-5) is subject | ||
to appropriation.
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(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
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(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.
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(f) In the event that the person requires medical care and
| ||
treatment at a place other than the institution or facility,
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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
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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.
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(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.
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(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.
| ||
(l) Prior to the release of any inmate, the Department must | ||
provide the inmate with the option of testing for infection | ||
with human immunodeficiency virus (HIV), as well as counseling | ||
in connection with such testing, with no copayment for the | ||
test. At the same time, the Department shall require each such | ||
inmate to sign a form stating that the inmate has been informed | ||
of his or her rights with respect to the testing required to be | ||
offered under this subsection (l) and providing the inmate with | ||
an opportunity to indicate either that he or she wants to be | ||
tested or that he or she does not want to be tested. The | ||
Department, in consultation with the Department of Public | ||
Health, shall prescribe the contents of the form. The
testing | ||
provided under this subsection (l) shall consist of an | ||
enzyme-linked
immunosorbent assay (ELISA) test or any other | ||
test approved by
the Department of Public Health. If the test | ||
result is positive,
the Western Blot Assay or more reliable | ||
confirmatory test shall be
administered. | ||
Prior to the release of an inmate who the Department knows | ||
has tested positive for infection with HIV, the Department in a | ||
timely manner shall offer the inmate transitional case | ||
management, including referrals to other support services.
| ||
Implementation of this subsection (l) is subject to | ||
appropriation.
| ||
(Source: P.A. 92-292, eff. 8-9-01; 93-616, eff. 1-1-04; 93-928, | ||
eff. 1-1-05.)
| ||
(730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
| ||
Sec. 3-7-2. Facilities.
| ||
(a) All institutions and facilities of the Department shall | ||
provide
every committed person with access to toilet | ||
facilities, barber
facilities, bathing facilities at least | ||
once each week, a library of
legal materials and published | ||
materials including newspapers and magazines
approved by the | ||
Director. A committed person may not receive any materials
that | ||
the Director deems pornographic.
| ||
(b) (Blank).
| ||
(c) All institutions and facilities of the Department shall | ||
provide
facilities for every committed person to leave his cell | ||
for at least one
hour each day unless the chief administrative | ||
officer determines that it
would be harmful or dangerous to the | ||
security or safety of the
institution or facility.
| ||
(d) All institutions and facilities of the Department shall | ||
provide
every committed person with a wholesome and nutritional | ||
diet at
regularly scheduled hours, drinking water, clothing | ||
adequate for the
season, bedding, soap and towels and medical | ||
and dental care.
| ||
(e) All institutions and facilities of the Department shall | ||
permit
every committed person to send and receive an unlimited | ||
number of
uncensored letters, provided, however, that the | ||
Director may order that
mail be inspected and read for reasons | ||
of the security, safety or morale
of the institution or | ||
facility.
| ||
(f) All of the institutions and facilities of the | ||
Department shall
permit every committed person to receive | ||
visitors, except in case of
abuse of the visiting privilege or | ||
when the chief administrative officer
determines that such | ||
visiting would be harmful or dangerous to the
security, safety | ||
or morale of the institution or facility.
The chief | ||
administrative officer shall have the right to restrict | ||
visitation
to non-contact visits for reasons of safety, | ||
security, and order, including,
but not limited to, restricting | ||
contact visits for committed persons engaged in
gang activity.
| ||
No committed person in a super maximum security facility or on | ||
disciplinary
segregation is allowed contact visits. Any | ||
committed person found in
possession of illegal drugs or who | ||
fails a drug test shall not be permitted
contact visits for a | ||
period of at least 6 months. Any committed person
involved in | ||
gang activities or found guilty of assault committed against a
| ||
Department employee shall not be permitted contact visits for a | ||
period of at
least 6 months. The Department shall offer every | ||
visitor appropriate written information concerning HIV and | ||
AIDS, including information concerning how to contact the | ||
Illinois Department of Public Health for counseling | ||
information. The Department shall develop the written | ||
materials in consultation with the Department of Public Health. | ||
The Department shall ensure that all such information and | ||
materials are culturally sensitive and reflect cultural | ||
diversity as appropriate. Implementation of the changes made to | ||
this Section by this amendatory Act of the 94th General | ||
Assembly is subject to appropriation.
| ||
(g) All institutions and facilities of the Department shall | ||
permit
religious ministrations and sacraments to be available | ||
to every
committed person, but attendance at religious services | ||
shall not be
required.
| ||
(h) Within 90 days after December 31, 1996, the Department | ||
shall prohibit
the use of curtains, cell-coverings, or any | ||
other matter or object that
obstructs or otherwise impairs the | ||
line of vision into a committed person's
cell.
| ||
(Source: P.A. 90-14, eff. 7-1-97; 91-912, eff. 7-7-00.)
| ||
(730 ILCS 5/3-8-2) (from Ch. 38, par. 1003-8-2)
| ||
Sec. 3-8-2. Social Evaluation; physical examination; | ||
HIV/AIDS. (a) A social evaluation shall be made of a
committed | ||
person's medical, psychological, educational and vocational | ||
condition
and history, including the use of alcohol and other | ||
drugs, the
circumstances of his offense, and such other | ||
information as the Department
may determine. The committed | ||
person shall be assigned to an institution or
facility in so | ||
far as practicable in accordance with the social evaluation.
| ||
Recommendations shall be made for medical, dental, | ||
psychiatric,
psychological and social service treatment.
| ||
(b) A record of the social evaluation shall be entered in | ||
the committed
person's master record file and shall be | ||
forwarded to the institution or
facility to which the person is | ||
assigned.
| ||
(c) Upon admission to a correctional institution each | ||
committed person
shall be given a physical examination. If he | ||
is suspected of having a
communicable disease that in the | ||
judgment of the Department medical
personnel requires medical | ||
isolation, the committed person shall remain in
medical | ||
isolation until it is no longer deemed medically necessary. | ||
(d) Upon arrival at an inmate's final destination, the | ||
Department must provide the committed person with appropriate | ||
written information and counseling concerning HIV and AIDS. The | ||
Department shall develop the written materials in consultation | ||
with the Department of Public Health. At the same time, the | ||
Department also must offer the
committed person the option of | ||
being tested, with no copayment, for infection with human | ||
immunodeficiency virus (HIV). The Department shall require | ||
each committed person to sign a form stating that the committed | ||
person has been informed of his or her rights with respect to | ||
the testing required to be offered under this subsection (d) | ||
and providing the committed person with an opportunity to | ||
indicate either that he or she wants to be tested or that he or | ||
she does not want to be tested. The Department, in consultation | ||
with the Department of Public Health, shall prescribe the | ||
contents of the form. The
testing provided under this | ||
subsection (d) shall consist of an enzyme-linked
immunosorbent | ||
assay (ELISA) test or any other test approved by
the Department | ||
of Public Health. If the test result is positive,
the Western | ||
Blot Assay or more reliable confirmatory test shall be
| ||
administered. Implementation of this subsection (d) is subject | ||
to appropriation.
| ||
(Source: P.A. 87-1256.)
| ||
(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| ||
Sec. 3-10-2. Examination of Persons Committed to the | ||
Juvenile Division.
| ||
(a) A person committed to the Juvenile Division shall be | ||
examined in
regard to his medical, psychological, social, | ||
educational and vocational
condition and history, including | ||
the use of alcohol and other drugs,
the circumstances of his | ||
offense and any other
information as the Department may | ||
determine.
| ||
(a-5) Upon admission of a person committed to the Juvenile | ||
Division, the Department must provide the person with | ||
appropriate written information and counseling concerning HIV | ||
and AIDS. The Department shall develop the written materials in | ||
consultation with the Department of Public Health. At the same | ||
time, the Department also must offer the person the option of | ||
being tested, at no charge to the person, for infection with | ||
human immunodeficiency virus (HIV) or any other identified | ||
causative agent of acquired immunodeficiency syndrome (AIDS). | ||
The Department shall require each person committed to the | ||
Juvenile Division to sign a form stating that the person has | ||
been informed of his or her rights with respect to the testing | ||
required to be offered under this subsection (a-5) and | ||
providing the person with an opportunity to indicate either | ||
that he or she wants to be tested or that he or she does not | ||
want to be tested. The Department, in consultation with the | ||
Department of Public Health, shall prescribe the contents of | ||
the form. The testing provided under this subsection (a-5) | ||
shall consist of an enzyme-linked immunosorbent assay (ELISA) | ||
test or any other test approved by the Department of Public | ||
Health. If the test result is positive, the Western Blot Assay | ||
or more reliable confirmatory test shall be administered. | ||
Also upon admission of a person committed to the Juvenile | ||
Division, the Department must inform the person of the | ||
Department's obligation to provide the person with medical | ||
care.
| ||
Implementation of this subsection (a-5) is subject to | ||
appropriation.
| ||
(b) Based on its examination, the Department may exercise | ||
the following
powers in developing a treatment program of any | ||
person committed to the
Juvenile Division:
| ||
(1) Require participation by him in vocational, | ||
physical, educational
and corrective training and | ||
activities to return him to the community.
| ||
(2) Place him in any institution or facility of the | ||
Juvenile Division.
| ||
(3) Order replacement or referral to the Parole and | ||
Pardon Board as
often as it deems desirable. The Department | ||
shall refer the person to the
Parole and Pardon Board as | ||
required under Section 3-3-4.
| ||
(4) Enter into agreements with the Secretary of Human | ||
Services and
the Director of Children and Family
Services, | ||
with courts having probation officers, and with private | ||
agencies
or institutions for separate care or special | ||
treatment of persons subject
to the control of the | ||
Department.
| ||
(c) The Department shall make periodic reexamination of all | ||
persons
under the control of the Juvenile Division to determine | ||
whether existing
orders in individual cases should be modified | ||
or continued. This
examination shall be made with respect to | ||
every person at least once
annually.
| ||
(d) A record of the treatment decision including any | ||
modification
thereof and the reason therefor, shall be part of | ||
the committed person's
master record file.
| ||
(e) The Department shall by certified mail, return receipt | ||
requested,
notify the parent, guardian or nearest relative of | ||
any person committed to
the Juvenile Division of his physical | ||
location and any change thereof.
| ||
(Source: P.A. 89-507, eff. 7-1-97.)
| ||
Section 95. The County Jail Act is amended by adding | ||
Section 17.10 as follows: | ||
(730 ILCS 125/17.10 new) | ||
Sec. 17.10. Requirements in connection with HIV/AIDS. | ||
(a) In each county other than Cook, during the medical | ||
admissions exam, the warden of the jail, a correctional officer | ||
at the jail, or a member of the jail medical staff must provide | ||
the prisoner with appropriate written information concerning | ||
human immunodeficiency virus (HIV) and acquired | ||
immunodeficiency syndrome (AIDS). The Department of Public | ||
Health and community-based organizations certified to provide | ||
HIV/AIDS testing must provide these informational materials to | ||
the warden at no cost to the county. The warden, a correctional | ||
officer, or a member of the jail medical staff must inform the | ||
prisoner of the option of being tested for infection with HIV | ||
by a certified local community-based agency or other available | ||
medical provider at no charge to the prisoner. | ||
(b) In Cook County, during the medical admissions exam, an | ||
employee of the Cook County Bureau of Health Services must | ||
provide the prisoner with appropriate written information | ||
concerning human immunodeficiency virus (HIV) and acquired | ||
immunodeficiency syndrome (AIDS) and must also provide the | ||
prisoner with option of testing for infection with HIV or any | ||
other identified causative agent of AIDS, as well as counseling | ||
in connection with such testing. The Department of Public | ||
Health and community-based organizations certified to provide | ||
HIV/AIDS testing must provide these informational materials to | ||
the Bureau at no cost to the county. The
testing provided under | ||
this subsection (b) shall be conducted by the Cook County | ||
Bureau of Health Services and shall consist of an enzyme-linked
| ||
immunosorbent assay (ELISA) test or any other test approved by
| ||
the Department of Public Health. If the test result is | ||
positive,
the Western Blot Assay or more reliable confirmatory | ||
test shall be
administered. | ||
(c) In each county, the warden of the jail must make | ||
appropriate written information concerning HIV/AIDS available | ||
to every visitor to the jail. This information must include | ||
information concerning persons or entities to contact for local | ||
counseling and testing. The Department of Public Health and | ||
community-based organizations certified to provide HIV/AIDS | ||
testing must provide these informational materials to the | ||
warden at no cost to the office of the county sheriff. | ||
(d) Implementation of this Section is subject to | ||
appropriation.
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2006. | ||