| ||||
| Public Act 097-0244 | ||||
| ||||
| ||||
AN ACT concerning HIV testing.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Children and Family Services Act is amended | ||||
by changing Section 22.3 as follows:
| ||||
(20 ILCS 505/22.3) (from Ch. 23, par. 5022.3)
| ||||
Sec. 22.3.
To provide human immunodeficiency virus (HIV) | ||||
testing for
any child in the custody of the Department being | ||||
placed in adoptive care,
upon the request of the child's
| ||||
prospective adoptive parent. Such testing test shall consist of | ||||
a test approved by the Illinois Department of Public Health to | ||||
determine the presence of HIV infection, based upon the | ||||
recommendations of the United States Centers for Disease | ||||
Control and Prevention an enzyme-linked
immunosorbent assay | ||||
(ELISA) test to determine the presence of antibodies to
HIV, or | ||||
such other test as may be approved by the Illinois Department | ||||
of
Public Health; in the event of a positive result, a the | ||||
Western Blot Assay or
a more reliable supplemental confirmatory | ||||
test based upon recommendations of the United States Centers | ||||
for Disease Control and Prevention shall also be administered.
| ||||
The prospective adoptive parent requesting the test shall be
| ||||
confidentially notified of the test result, and if the test is | ||||
positive,
the Department shall provide the prospective | ||||
adoptive parents and child with treatment and
counseling, as | ||
appropriate.
The Department shall report positive HIV test | ||
results to the Illinois
Department of Public Health.
| ||
(Source: P.A. 86-904.)
| ||
Section 10. The Communicable Disease Prevention Act is | ||
amended by changing Section 2a as follows:
| ||
(410 ILCS 315/2a) (from Ch. 111 1/2, par. 22.12a)
| ||
Sec. 2a.
Whenever a child of school age is reported to the | ||
Illinois
Department of Public Health or a local health | ||
department as having been
diagnosed as having acquired immune | ||
deficiency syndrome (AIDS) or
human immunodeficiency virus | ||
(HIV) based upon case definitions established by the United | ||
States Centers for Disease Control and Prevention AIDS-related | ||
complex (ARC) or as having been shown to have been exposed to
| ||
human immunodeficiency virus (HIV) or any other identified | ||
causative agent
of AIDS by testing positive on a Western Blot | ||
Assay or more reliable test based upon recommendations of the | ||
United States Centers for Disease Control and Prevention,
such | ||
department shall give prompt and confidential notice of the | ||
identity
of the child to the principal of the school in which | ||
the child is enrolled.
If the child is enrolled in a public | ||
school, the
principal shall disclose the identity of the child | ||
to the
superintendent of the school district in which the child | ||
resides.
| ||
The principal may, as necessary, disclose the identity of | ||
an infected child
to:
| ||
(1) the school nurse at that school;
| ||
(2) the classroom
teachers in whose classes
the child is | ||
enrolled; and
| ||
(3) those persons who, pursuant to federal or state law, | ||
are required to
decide the placement or educational program of | ||
the child.
| ||
In addition, the principal may inform such other
persons as | ||
may be necessary that an infected child is enrolled at that | ||
school,
so long as the child's identity is not revealed.
| ||
(Source: P.A. 85-1399.)
| ||
Section 15. The Criminal Code of 1961 is amended by | ||
changing Section 12-18 as follows:
| ||
(720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
| ||
Sec. 12-18. General Provisions.
| ||
(a) No person accused of violating Sections 12-13, 12-14, | ||
12-15 or 12-16
of this Code shall be presumed to be incapable | ||
of committing an offense
prohibited by Sections 12-13, 12-14, | ||
12-14.1, 12-15 or 12-16 of this Code
because of age, physical | ||
condition or relationship to the victim, except as
otherwise | ||
provided in subsection (c) of this Section. Nothing in this | ||
Section
shall be construed to modify or abrogate the | ||
affirmative defense of infancy
under Section 6-1 of this Code | ||
or the provisions of Section 5-805 of the
Juvenile Court Act of | ||
1987.
| ||
(b) Any medical examination or procedure which is conducted | ||
by a physician,
nurse, medical or hospital personnel, parent, | ||
or caretaker for purposes
and in a manner consistent with | ||
reasonable medical standards is not an offense
under Sections | ||
12-13, 12-14, 12-14.1, 12-15 and 12-16 of this Code.
| ||
(c) (Blank).
| ||
(d) (Blank).
| ||
(e) After a finding at a preliminary hearing that there is | ||
probable
cause to believe that an accused has committed a | ||
violation of Section
12-13, 12-14, or 12-14.1 of this Code, or | ||
after an indictment is returned
charging an accused with a | ||
violation of Section 12-13, 12-14, or 12-14.1 of
this Code,
or | ||
after a finding that a defendant charged with a violation of | ||
Section
12-13, 12-14, or 12-14.1 of this Code is unfit to stand | ||
trial pursuant to
Section 104-16 of the Code of
Criminal | ||
Procedure of 1963 where the finding is made prior to | ||
preliminary
hearing,
at the request of the person who was the | ||
victim of the violation of
Section 12-13, 12-14, or 12-14.1, | ||
the prosecuting State's attorney shall seek
an order from the | ||
court to compel the accused to be tested within 48 hours for | ||
any sexually
transmissible disease, including a test for | ||
infection with
human immunodeficiency virus (HIV). The medical | ||
tests shall be
performed only
by appropriately licensed medical | ||
practitioners. Such testing shall consist of a test approved by | ||
the Illinois Department of Public Health to determine the | ||
presence of HIV infection, based upon recommendations of the | ||
United States Centers for Disease Control and Prevention The | ||
test for infection with
human immunodeficiency virus (HIV) | ||
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; in the event of a
positive result, | ||
a the Western Blot Assay or a more reliable supplemental | ||
confirmatory
test based upon recommendations of the United | ||
States Centers for Disease Control and Prevention shall be | ||
administered. The results of the tests and any follow-up tests | ||
shall be
kept
strictly confidential by all medical personnel | ||
involved in the testing and
must be personally delivered in a | ||
sealed envelope to the victim, to the defendant, to the State's | ||
Attorney, and to the
judge who entered the order, for the | ||
judge's inspection in camera. The judge shall provide to the | ||
victim a referral to the Illinois Department of Public Health | ||
HIV/AIDS toll-free hotline for counseling and information in | ||
connection with the test result. Acting
in accordance with the | ||
best interests of the victim and the public, the
judge shall | ||
have the discretion to determine to whom, if anyone, the result
| ||
of the testing may be revealed; however, in no case shall the | ||
identity of
the victim be disclosed. The court shall order that | ||
the cost of the tests
shall be paid by the county, and shall be | ||
taxed as costs against the accused
if convicted.
| ||
(f) Whenever any law enforcement officer has reasonable | ||
cause to believe
that a person has been delivered a controlled | ||
substance without his or her
consent, the law enforcement | ||
officer shall advise the victim about seeking
medical treatment | ||
and preserving evidence.
| ||
(g) Every hospital providing emergency hospital services | ||
to an alleged
sexual assault survivor, when there is reasonable
| ||
cause to believe that a person has been delivered a controlled | ||
substance
without his or her consent, shall designate personnel | ||
to provide:
| ||
(1) An explanation to the victim about the nature and | ||
effects of commonly
used controlled substances and how such | ||
controlled substances are administered.
| ||
(2) An offer to the victim of testing for the presence | ||
of such controlled
substances.
| ||
(3) A disclosure to the victim that all controlled | ||
substances or alcohol
ingested by the victim will be | ||
disclosed by the test.
| ||
(4) A statement that the test is completely voluntary.
| ||
(5) A form for written authorization for sample | ||
analysis of all controlled
substances and alcohol ingested | ||
by the victim.
| ||
A physician licensed to practice medicine in all its | ||
branches may agree to
be a designated person under this | ||
subsection.
| ||
No sample analysis may be performed unless the victim
| ||
returns a signed written authorization within 30 days
after the | ||
sample was
collected.
| ||
Any medical treatment or care under this subsection shall | ||
be only in
accordance with the order of a physician licensed to | ||
practice medicine in all
of its branches. Any testing under | ||
this subsection shall be only in accordance
with the order of a | ||
licensed individual authorized to order the testing.
| ||
(Source: P.A. 94-397, eff. 1-1-06; 95-926, eff. 8-26-08.)
| ||
Section 20. The Unified Code of Corrections is amended by | ||
changing Sections 3-6-2, 3-8-2, and 3-10-2 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.
| ||
(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 Department of Juvenile Justice, as set
| ||
forth in Section 3-2.5-15 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 a | ||
test approved by the Illinois Department of Public Health to | ||
determine the presence of HIV infection, based upon | ||
recommendations of the United States Centers for Disease | ||
Control and Prevention 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,
a reliable supplemental the Western Blot Assay or | ||
more reliable confirmatory test based upon recommendations of | ||
the United States Centers for Disease Control and Prevention | ||
shall be
administered. All inmates tested in accordance with | ||
the provisions of this
subsection shall be provided with | ||
pre-test information 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 Juvenile | ||
Justice
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 a test | ||
approved by the Illinois Department of Public Health to | ||
determine the presence of HIV infection, based upon | ||
recommendations of the United States Centers for Disease | ||
Control and Prevention an enzyme-linked
immunosorbent assay | ||
(ELISA) test or any other test approved by
the Department of | ||
Public Health. If the test result is positive,
a the Western | ||
Blot Assay or more reliable supplemental confirmatory test | ||
based upon recommendations of the United States Centers for | ||
Disease Control and Prevention 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.
| ||
(m) The chief administrative officer of each institution or | ||
facility of the Department shall make a room in the institution | ||
or facility available for addiction recovery services to be | ||
provided to committed persons on a voluntary basis. The | ||
services shall be provided for one hour once a week at a time | ||
specified by the chief administrative officer of the | ||
institution or facility if the following conditions are met: | ||
(1) the addiction recovery service contacts the chief | ||
administrative officer to arrange the meeting; | ||
(2) the committed person may attend the meeting for | ||
addiction recovery services only if the committed person | ||
uses pre-existing free time already available to the | ||
committed person; | ||
(3) all disciplinary and other rules of the institution | ||
or facility remain in effect; | ||
(4) the committed person is not given any additional | ||
privileges to attend addiction recovery services; | ||
(5) if the addiction recovery service does not arrange | ||
for scheduling a meeting for that week, no addiction | ||
recovery services shall be provided to the committed person | ||
in the institution or facility for that week; | ||
(6) the number of committed persons who may attend an | ||
addiction recovery meeting shall not exceed 40 during any | ||
session held at the correctional institution or facility; | ||
(7) a volunteer seeking to provide addiction recovery | ||
services under this subsection (m) must submit an | ||
application to the Department of Corrections under | ||
existing Department rules and the Department must review | ||
the application within 60 days after submission of the | ||
application to the Department; and | ||
(8) each institution and facility of the Department | ||
shall manage the addiction recovery services program | ||
according to its own processes and procedures. | ||
For the purposes of this subsection (m), "addiction | ||
recovery services" means recovery services for alcoholics and | ||
addicts provided by volunteers of recovery support services | ||
recognized by the Department of Human Services. | ||
(Source: P.A. 96-284, eff. 1-1-10.)
| ||
(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 a test approved by the Illinois | ||
Department of Public Health to determine the presence of HIV | ||
infection, based upon recommendations of the United States | ||
Centers for Disease Control and Prevention an enzyme-linked
| ||
immunosorbent assay (ELISA) test or any other test approved by
| ||
the Department of Public Health. If the test result is | ||
positive,
a the Western Blot Assay or more reliable | ||
supplemental confirmatory test based upon recommendations of | ||
the United States Centers for Disease Control and Prevention | ||
shall be
administered. Implementation of this subsection (d) is | ||
subject to appropriation.
| ||
(Source: P.A. 94-629, eff. 1-1-06.)
| ||
(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| ||
Sec. 3-10-2. Examination of Persons Committed to the | ||
Department of Juvenile Justice.
| ||
(a) A person committed to the Department of Juvenile | ||
Justice 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 of Juvenile Justice may determine.
| ||
(a-5) Upon admission of a person committed to the | ||
Department of Juvenile Justice, the Department of Juvenile | ||
Justice must provide the person with appropriate written | ||
information and counseling concerning HIV and AIDS. The | ||
Department of Juvenile Justice shall develop the written | ||
materials in consultation with the Department of Public Health. | ||
At the same time, the Department of Juvenile Justice 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 of Juvenile | ||
Justice shall require each person committed to the Department | ||
of Juvenile Justice 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 of Juvenile Justice, 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 a test approved by the | ||
Illinois Department of Public Health to determine the presence | ||
of HIV infection, based upon recommendations of the United | ||
States Centers for Disease Control and Prevention an | ||
enzyme-linked immunosorbent assay (ELISA) test or any other | ||
test approved by the Department of Public Health. If the test | ||
result is positive, a the Western Blot Assay or more reliable | ||
supplemental confirmatory test based upon recommendations of | ||
the United States Centers for Disease Control and Prevention | ||
shall be administered. | ||
Also upon admission of a person committed to the Department | ||
of Juvenile Justice, the Department of Juvenile Justice 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 of Juvenile | ||
Justice may exercise the following
powers in developing a | ||
treatment program of any person committed to the Department of | ||
Juvenile Justice:
| ||
(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 | ||
Department of Juvenile Justice.
| ||
(3) Order replacement or referral to the Parole and | ||
Pardon Board as
often as it deems desirable. The Department | ||
of Juvenile Justice 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 of Juvenile Justice.
| ||
(c) The Department of Juvenile Justice shall make periodic | ||
reexamination of all persons
under the control of the | ||
Department of Juvenile Justice 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 of Juvenile Justice shall by certified | ||
mail, return receipt requested,
notify the parent, guardian or | ||
nearest relative of any person committed to
the Department of | ||
Juvenile Justice of his physical location and any change | ||
thereof.
| ||
(Source: P.A. 94-629, eff. 1-1-06; 94-696, eff. 6-1-06.)
| ||
Section 25. The County Jail Act is amended by changing | ||
Section 17.10 as follows: | ||
(730 ILCS 125/17.10) | ||
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 a test approved | ||
by the Illinois Department of Public Health to determine the | ||
presence of HIV infection, based upon recommendations of the | ||
United States Centers for Disease Control and Prevention an | ||
enzyme-linked
immunosorbent assay (ELISA) test or any other | ||
test approved by
the Department of Public Health. If the test | ||
result is positive,
a the Western Blot Assay or more reliable | ||
supplemental confirmatory test based upon recommendations of | ||
the United States Centers for Disease Control and Prevention | ||
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.
| ||
(Source: P.A. 94-629, eff. 1-1-06.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||