|
(ii) the Office of the Secretary of State.
|
(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
|
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:
|
(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
|
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:
|
1. Recipients of basic maintenance grants under Articles |
III and IV.
|
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:
|
(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:
|
(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
|
(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).
|
(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.
|
3. Persons who would otherwise qualify for Aid to the |
Medically
Indigent under Article VII.
|
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.
|
|
5. (a) Women during pregnancy, after the fact
of pregnancy |
has been determined by medical diagnosis, and during the
|
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
|
the maximum extent possible under Title XIX of the
Federal |
Social Security Act.
|
(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
|
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
|
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
|
eligibility.
|
(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
|
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.
|
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.
|
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:
|
(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;
|
(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;
|
(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.
|
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:
|
(a) extend the medical assistance coverage for up to 12 |
months following
termination of basic maintenance |
assistance; and
|
(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:
|
(i) such coverage shall be pursuant to provisions |
of the federal
Social Security Act;
|
(ii) such coverage shall include all services |
covered while the person
was eligible for basic |
|
maintenance assistance;
|
(iii) no premium shall be charged for such |
coverage; and
|
(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.
|
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
|
persons to the maximum extent permitted under Title
XIX of the |
Federal Social Security Act.
|
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.
|
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.
|
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,
|
the following persons:
|
(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
|
(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.
|
"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.
|
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.
|
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.
|
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
|
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.
|
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.
|
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.
|
(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.)
|
(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.
|
(305 ILCS 5/9A-4) (from Ch. 23, par. 9A-4)
|
Sec. 9A-4. Participation.
|
(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.
|
(b) Recipients shall be exempt from the requirement of
|
participation in the education, training, and employment |
program
in the following circumstances:
|
(1)
The recipient is a person over age 60; or
|
(2)
The recipient is a person with a child under age |
one.
|
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.
|
(Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.)
|
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)
|
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.
|
(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.
|
(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.
|
(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.
|
(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 |