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| Public Act 097-0562 | ||||
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AN ACT concerning corrections.
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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 5. The Unified Code of Corrections is amended by | ||||
changing Section 3-6-2 as follows: | ||||
(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | ||||
Sec. 3-6-2. Institutions and Facility Administration.
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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:
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(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
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treatment at a place other than the institution or facility,
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the person may be removed therefrom under conditions prescribed
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by the Department.
The Department shall require the committed | ||
person receiving medical or dental
services on a non-emergency | ||
basis to pay a $5 $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 $5 $2 co-payment for treatment of the
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chronic illness. A committed person shall not be subject to a | ||
$5 $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
$5 $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.
For the purposes of | ||
this Section only, "indigent" means a committed person who has | ||
$20 or less in his or her Inmate Trust Fund at the time of such | ||
services or for the 30 days prior to such services. | ||
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.
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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
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of Corrections may determine that there are special reasons why
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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:
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(1) family advocacy counseling;
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(2) parent self-help group;
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(3) parenting skills training;
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(4) parent and child overnight program;
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(5) parent and child reunification counseling, either | ||
separately or
together, preceding the inmate's release; | ||
and
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(6) a prerelease reunification staffing involving the | ||
family advocate,
the inmate and the child's counselor, or | ||
both and the inmate.
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(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
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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.
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(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.
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(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
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Act.
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(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.
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Implementation of this subsection (l) is subject to | ||
appropriation.
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(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.)
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