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| Public Act 097-0802 | ||||
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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 Sections 3-2-2 and 3-6-2 as follows:
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(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
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Sec. 3-2-2. Powers and Duties of the Department.
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(1) In addition to the powers, duties and responsibilities | ||||
which are
otherwise provided by law, the Department shall have | ||||
the following powers:
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(a) To accept persons committed to it by the courts of | ||||
this State for
care, custody, treatment and | ||||
rehabilitation, and to accept federal prisoners and aliens | ||||
over whom the Office of the Federal Detention Trustee is | ||||
authorized to exercise the federal detention function for | ||||
limited purposes and periods of time.
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(b) To develop and maintain reception and evaluation | ||||
units for purposes
of analyzing the custody and | ||||
rehabilitation needs of persons committed to
it and to | ||||
assign such persons to institutions and programs under its | ||||
control
or transfer them to other appropriate agencies. In | ||||
consultation with the
Department of Alcoholism and | ||||
Substance Abuse (now the Department of Human
Services), the | ||||
Department of Corrections
shall develop a master plan for | ||
the screening and evaluation of persons
committed to its | ||
custody who have alcohol or drug abuse problems, and for
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making appropriate treatment available to such persons; | ||
the Department
shall report to the General Assembly on such | ||
plan not later than April 1,
1987. The maintenance and | ||
implementation of such plan shall be contingent
upon the | ||
availability of funds.
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(b-1) To create and implement, on January 1, 2002, a | ||
pilot
program to
establish the effectiveness of | ||
pupillometer technology (the measurement of the
pupil's
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reaction to light) as an alternative to a urine test for | ||
purposes of screening
and evaluating
persons committed to | ||
its custody who have alcohol or drug problems. The
pilot | ||
program shall require the pupillometer technology to be | ||
used in at
least one Department of
Corrections facility. | ||
The Director may expand the pilot program to include an
| ||
additional facility or
facilities as he or she deems | ||
appropriate.
A minimum of 4,000 tests shall be included in | ||
the pilot program.
The
Department must report to the
| ||
General Assembly on the
effectiveness of the program by | ||
January 1, 2003.
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(b-5) To develop, in consultation with the Department | ||
of State Police, a
program for tracking and evaluating each | ||
inmate from commitment through release
for recording his or | ||
her gang affiliations, activities, or ranks.
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(c) To maintain and administer all State correctional | ||
institutions and
facilities under its control and to | ||
establish new ones as needed. Pursuant
to its power to | ||
establish new institutions and facilities, the Department
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may, with the written approval of the Governor, authorize | ||
the Department of
Central Management Services to enter into | ||
an agreement of the type
described in subsection (d) of | ||
Section 405-300 of the
Department
of Central Management | ||
Services Law (20 ILCS 405/405-300). The Department shall
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designate those institutions which
shall constitute the | ||
State Penitentiary System.
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Pursuant to its power to establish new institutions and | ||
facilities, the
Department may authorize the Department of | ||
Central Management Services to
accept bids from counties | ||
and municipalities for the construction,
remodeling or | ||
conversion of a structure to be leased to the Department of
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Corrections for the purposes of its serving as a | ||
correctional institution
or facility. Such construction, | ||
remodeling or conversion may be financed
with revenue bonds | ||
issued pursuant to the Industrial Building Revenue Bond
Act | ||
by the municipality or county. The lease specified in a bid | ||
shall be
for a term of not less than the time needed to | ||
retire any revenue bonds
used to finance the project, but | ||
not to exceed 40 years. The lease may
grant to the State | ||
the option to purchase the structure outright.
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Upon receipt of the bids, the Department may certify | ||
one or more of the
bids and shall submit any such bids to | ||
the General Assembly for approval.
Upon approval of a bid | ||
by a constitutional majority of both houses of the
General | ||
Assembly, pursuant to joint resolution, the Department of | ||
Central
Management Services may enter into an agreement | ||
with the county or
municipality pursuant to such bid.
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(c-5) To build and maintain regional juvenile | ||
detention centers and to
charge a per diem to the counties | ||
as established by the Department to defray
the costs of | ||
housing each minor in a center. In this subsection (c-5),
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"juvenile
detention center" means a facility to house | ||
minors during pendency of trial who
have been transferred | ||
from proceedings under the Juvenile Court Act of 1987 to
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prosecutions under the criminal laws of this State in | ||
accordance with Section
5-805 of the Juvenile Court Act of | ||
1987, whether the transfer was by operation
of
law or | ||
permissive under that Section. The Department shall | ||
designate the
counties to be served by each regional | ||
juvenile detention center.
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(d) To develop and maintain programs of control, | ||
rehabilitation and
employment of committed persons within | ||
its institutions.
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(d-5) To provide a pre-release job preparation program | ||
for inmates at Illinois adult correctional centers.
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(e) To establish a system of supervision and guidance | ||
of committed persons
in the community.
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(f) To establish in cooperation with the Department of | ||
Transportation
to supply a sufficient number of prisoners | ||
for use by the Department of
Transportation to clean up the | ||
trash and garbage along State, county,
township, or | ||
municipal highways as designated by the Department of
| ||
Transportation. The Department of Corrections, at the | ||
request of the
Department of Transportation, shall furnish | ||
such prisoners at least
annually for a period to be agreed | ||
upon between the Director of
Corrections and the Director | ||
of Transportation. The prisoners used on this
program shall | ||
be selected by the Director of Corrections on whatever | ||
basis
he deems proper in consideration of their term, | ||
behavior and earned eligibility
to participate in such | ||
program - where they will be outside of the prison
facility | ||
but still in the custody of the Department of Corrections. | ||
Prisoners
convicted of first degree murder, or a Class X | ||
felony, or armed violence, or
aggravated kidnapping, or | ||
criminal sexual assault, aggravated criminal sexual
abuse | ||
or a subsequent conviction for criminal sexual abuse, or | ||
forcible
detention, or arson, or a prisoner adjudged a | ||
Habitual Criminal shall not be
eligible for selection to | ||
participate in such program. The prisoners shall
remain as | ||
prisoners in the custody of the Department of Corrections | ||
and such
Department shall furnish whatever security is | ||
necessary. The Department of
Transportation shall furnish | ||
trucks and equipment for the highway cleanup
program and | ||
personnel to supervise and direct the program. Neither the
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Department of Corrections nor the Department of | ||
Transportation shall replace
any regular employee with a | ||
prisoner.
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(g) To maintain records of persons committed to it and | ||
to establish
programs of research, statistics and | ||
planning.
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(h) To investigate the grievances of any person | ||
committed to the
Department, to inquire into any alleged | ||
misconduct by employees
or committed persons, and to | ||
investigate the assets
of committed persons to implement | ||
Section 3-7-6 of this Code; and for
these purposes it may | ||
issue subpoenas and compel the attendance of witnesses
and | ||
the production of writings and papers, and may examine | ||
under oath any
witnesses who may appear before it; to also | ||
investigate alleged violations
of a parolee's or | ||
releasee's conditions of parole or release; and for this
| ||
purpose it may issue subpoenas and compel the attendance of | ||
witnesses and
the production of documents only if there is | ||
reason to believe that such
procedures would provide | ||
evidence that such violations have occurred.
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If any person fails to obey a subpoena issued under | ||
this subsection,
the Director may apply to any circuit | ||
court to secure compliance with the
subpoena. The failure | ||
to comply with the order of the court issued in
response | ||
thereto shall be punishable as contempt of court.
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(i) To appoint and remove the chief administrative | ||
officers, and
administer
programs of training and | ||
development of personnel of the Department. Personnel
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assigned by the Department to be responsible for the
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custody and control of committed persons or to investigate | ||
the alleged
misconduct of committed persons or employees or | ||
alleged violations of a
parolee's or releasee's conditions | ||
of parole shall be conservators of the peace
for those | ||
purposes, and shall have the full power of peace officers | ||
outside
of the facilities of the Department in the | ||
protection, arrest, retaking
and reconfining of committed | ||
persons or where the exercise of such power
is necessary to | ||
the investigation of such misconduct or violations.
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(j) To cooperate with other departments and agencies | ||
and with local
communities for the development of standards | ||
and programs for better
correctional services in this | ||
State.
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(k) To administer all moneys and properties of the | ||
Department.
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(l) To report annually to the Governor on the committed
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persons, institutions and programs of the Department.
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(l-5) In a confidential annual report to the Governor, | ||
the Department
shall
identify all inmate gangs by | ||
specifying each current gang's name, population
and allied | ||
gangs. The Department shall further specify the number of | ||
top
leaders identified by the Department for each gang | ||
during the past year, and
the measures taken by the | ||
Department to segregate each leader from his or her
gang | ||
and allied gangs. The Department shall further report the | ||
current status
of leaders identified and segregated in | ||
previous years. All leaders described
in the report shall | ||
be identified by inmate number or other designation to
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enable tracking, auditing, and verification without | ||
revealing the names of the
leaders. Because this report | ||
contains law enforcement intelligence information
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collected by the Department, the report is confidential and | ||
not subject to
public disclosure.
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(m) To make all rules and regulations and exercise all | ||
powers and duties
vested by law in the Department.
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(n) To establish rules and regulations for | ||
administering a system of
good conduct credits, | ||
established in accordance with Section 3-6-3, subject
to | ||
review by the Prisoner Review Board.
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(o) To administer the distribution of funds
from the | ||
State Treasury to reimburse counties where State penal
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institutions are located for the payment of assistant | ||
state's attorneys'
salaries under Section 4-2001 of the | ||
Counties Code.
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(p) To exchange information with the Department of | ||
Human Services and the
Department of Healthcare and Family | ||
Services
for the purpose of verifying living arrangements | ||
and for other purposes
directly connected with the | ||
administration of this Code and the Illinois
Public Aid | ||
Code.
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(q) To establish a diversion program.
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The program shall provide a structured environment for | ||
selected
technical parole or mandatory supervised release | ||
violators and committed
persons who have violated the rules | ||
governing their conduct while in work
release. This program | ||
shall not apply to those persons who have committed
a new | ||
offense while serving on parole or mandatory supervised | ||
release or
while committed to work release.
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Elements of the program shall include, but shall not be | ||
limited to, the
following:
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(1) The staff of a diversion facility shall provide | ||
supervision in
accordance with required objectives set | ||
by the facility.
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(2) Participants shall be required to maintain | ||
employment.
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(3) Each participant shall pay for room and board | ||
at the facility on a
sliding-scale basis according to | ||
the participant's income.
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(4) Each participant shall:
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(A) provide restitution to victims in | ||
accordance with any court order;
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(B) provide financial support to his | ||
dependents; and
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(C) make appropriate payments toward any other | ||
court-ordered
obligations.
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(5) Each participant shall complete community | ||
service in addition to
employment.
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(6) Participants shall take part in such | ||
counseling, educational and
other programs as the | ||
Department may deem appropriate.
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(7) Participants shall submit to drug and alcohol | ||
screening.
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(8) The Department shall promulgate rules | ||
governing the administration
of the program.
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(r) To enter into intergovernmental cooperation | ||
agreements under which
persons in the custody of the | ||
Department may participate in a county impact
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incarceration program established under Section 3-6038 or | ||
3-15003.5 of the
Counties Code.
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(r-5) (Blank).
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(r-10) To systematically and routinely identify with | ||
respect to each
streetgang active within the correctional | ||
system: (1) each active gang; (2)
every existing inter-gang | ||
affiliation or alliance; and (3) the current leaders
in | ||
each gang. The Department shall promptly segregate leaders | ||
from inmates who
belong to their gangs and allied gangs. | ||
"Segregate" means no physical contact
and, to the extent | ||
possible under the conditions and space available at the
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correctional facility, prohibition of visual and sound | ||
communication. For the
purposes of this paragraph (r-10), | ||
"leaders" means persons who:
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(i) are members of a criminal streetgang;
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(ii) with respect to other individuals within the | ||
streetgang, occupy a
position of organizer, | ||
supervisor, or other position of management or
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leadership; and
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(iii) are actively and personally engaged in | ||
directing, ordering,
authorizing, or requesting | ||
commission of criminal acts by others, which are
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punishable as a felony, in furtherance of streetgang | ||
related activity both
within and outside of the | ||
Department of Corrections.
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"Streetgang", "gang", and "streetgang related" have the | ||
meanings ascribed to
them in Section 10 of the Illinois | ||
Streetgang Terrorism Omnibus Prevention
Act.
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(s) To operate a super-maximum security institution, | ||
in order to
manage and
supervise inmates who are disruptive | ||
or dangerous and provide for the safety
and security of the | ||
staff and the other inmates.
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(t) To monitor any unprivileged conversation or any | ||
unprivileged
communication, whether in person or by mail, | ||
telephone, or other means,
between an inmate who, before | ||
commitment to the Department, was a member of an
organized | ||
gang and any other person without the need to show cause or | ||
satisfy
any other requirement of law before beginning the | ||
monitoring, except as
constitutionally required. The | ||
monitoring may be by video, voice, or other
method of | ||
recording or by any other means. As used in this | ||
subdivision (1)(t),
"organized gang" has the meaning | ||
ascribed to it in Section 10 of the Illinois
Streetgang | ||
Terrorism Omnibus Prevention Act.
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As used in this subdivision (1)(t), "unprivileged | ||
conversation" or
"unprivileged communication" means a | ||
conversation or communication that is not
protected by any | ||
privilege recognized by law or by decision, rule, or order | ||
of
the Illinois Supreme Court.
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(u) To establish a Women's and Children's Pre-release | ||
Community
Supervision
Program for the purpose of providing | ||
housing and services to eligible female
inmates, as | ||
determined by the Department, and their newborn and young
| ||
children.
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(u-5) To issue an order, whenever a person committed to | ||
the Department absconds or absents himself or herself, | ||
without authority to do so, from any facility or program to | ||
which he or she is assigned. The order shall be certified | ||
by the Director, the Supervisor of the Apprehension Unit, | ||
or any person duly designated by the Director, with the | ||
seal of the Department affixed. The order shall be directed | ||
to all sheriffs, coroners, and police officers, or to any | ||
particular person named in the order. Any order issued | ||
pursuant to this subdivision (1) (u-5) shall be sufficient | ||
warrant for the officer or person named in the order to | ||
arrest and deliver the committed person to the proper | ||
correctional officials and shall be executed the same as | ||
criminal process.
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(v) To do all other acts necessary to carry out the | ||
provisions
of this Chapter.
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(2) The Department of Corrections shall by January 1, 1998, | ||
consider
building and operating a correctional facility within | ||
100 miles of a county of
over 2,000,000 inhabitants, especially | ||
a facility designed to house juvenile
participants in the | ||
impact incarceration program.
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(3) When the Department lets bids for contracts for medical
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services to be provided to persons committed to Department | ||
facilities by
a health maintenance organization, medical | ||
service corporation, or other
health care provider, the bid may | ||
only be let to a health care provider
that has obtained an | ||
irrevocable letter of credit or performance bond
issued by a | ||
company whose bonds have an investment grade or higher rating | ||
are rated AAA by a bond rating
organization.
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(4) When the Department lets bids for
contracts for food or | ||
commissary services to be provided to
Department facilities, | ||
the bid may only be let to a food or commissary
services | ||
provider that has obtained an irrevocable letter of
credit or | ||
performance bond issued by a company whose bonds have an | ||
investment grade or higher rating are rated
AAA by a bond | ||
rating organization.
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(Source: P.A. 96-1265, eff. 7-26-10.)
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(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
| ||
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
| ||
facility, or to designate any reasonably secure place in the
| ||
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
| ||
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
| ||
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.
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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
| ||
(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 $5 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 co-payment for treatment of the
chronic illness. A | ||
committed person shall not be subject to a $5 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 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 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 and 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.
| ||
(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) (Blank). a test approved by the Illinois Department of | ||
Public Health to determine the presence of HIV infection, based | ||
upon recommendations of United States Centers for Disease | ||
Control and Prevention a reliable supplemental based upon | ||
recommendations of the United States Centers for Disease | ||
Control and Prevention information
| ||
(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 committed to a | ||
facility of the Department or the Department of Juvenile | ||
Justice, the Department must provide the inmate with | ||
appropriate information verbally, in writing, by video, or | ||
other electronic means, concerning HIV and AIDS. The Department | ||
shall develop the informational materials in consultation with | ||
the Department of Public Health. At the same time, the | ||
Department must also offer the committed person the option of | ||
testing for infection with human immunodeficiency virus (HIV), | ||
with no copayment for the test. Pre-test information shall be | ||
provided to the committed person and informed consent obtained | ||
as required in subsection (d) of Section 3 and Section 5 of the | ||
AIDS Confidentiality Act. The Department may conduct opt-out | ||
HIV testing as defined in Section 4 of the AIDS Confidentiality | ||
Act. If the Department conducts opt-out HIV testing, the | ||
Department shall place signs in English, Spanish and other | ||
languages as needed in multiple, highly visible locations in | ||
the area where HIV testing is conducted informing inmates that | ||
they will be tested for HIV unless they refuse, and refusal or | ||
acceptance of testing shall be documented in the inmate's | ||
medical record. The Department shall follow procedures | ||
established by the Department of Public Health to conduct HIV | ||
testing and testing to confirm positive HIV test results. All | ||
testing must be conducted by medical personnel, but pre-test | ||
and other information may be provided by committed persons who | ||
have received appropriate training. The Department, in | ||
conjunction with the Department of Public Health, shall develop | ||
a plan that complies with the AIDS Confidentiality Act to | ||
deliver confidentially all positive or negative HIV test | ||
results to inmates or former inmates. Nothing in this Section | ||
shall require the Department to offer HIV testing to an inmate | ||
who is known to be infected with HIV, or who has been tested | ||
for HIV within the previous 180 days and whose documented HIV | ||
test result is available to the Department electronically. The
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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. If the test result is positive, a | ||
reliable supplemental test based upon recommendations of the | ||
United States Centers for Disease Control and Prevention shall | ||
be
administered.
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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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(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; 97-244, eff. 8-4-11; 97-323, | ||
eff. 8-12-11; 97-562, eff. 1-1-12; revised 9-14-11.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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