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91_HB3880eng HB3880 Engrossed LRB9111166RCpk 1 AN ACT to amend the Unified Code of Corrections by 2 changing Section 3-6-2. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Unified Code of Corrections is amended by 6 changing Section 3-6-2 as follows: 7 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) 8 Sec. 3-6-2. Institutions and Facility Administration. 9 (a) Each institution and facility of the Department 10 shall be administered by a chief administrative officer 11 appointed by the Director. A chief administrative officer 12 shall be responsible for all persons assigned to the 13 institution or facility. The chief administrative officer 14 shall administer the programs of the Department for the 15 custody and treatment of such persons. 16 (b) The chief administrative officer shall have such 17 assistants as the Department may assign. 18 (c) The Director or Assistant Director shall have the 19 emergency powers to temporarily transfer individuals without 20 formal procedures to any State, county, municipal or regional 21 correctional or detention institution or facility in the 22 State, subject to the acceptance of such receiving 23 institution or facility, or to designate any reasonably 24 secure place in the State as such an institution or facility 25 and to make transfers thereto. However, transfers made under 26 emergency powers shall be reviewed as soon as practicable 27 under Article 8, and shall be subject to Section 5-905 of the 28 Juvenile Court Act of 1987. This Section shall not apply to 29 transfers to the Department of Human Services which are 30 provided for under Section 3-8-5 or Section 3-10-5. 31 (d) The Department shall provide educational programs HB3880 Engrossed -2- LRB9111166RCpk 1 for all committed persons so that all persons have an 2 opportunity to attain the achievement level equivalent to the 3 completion of the twelfth grade in the public school system 4 in this State. Other higher levels of attainment shall be 5 encouraged and professional instruction shall be maintained 6 wherever possible. The Department may establish programs of 7 mandatory education and may establish rules and regulations 8 for the administration of such programs. A person committed 9 to the Department who, during the period of his or her 10 incarceration, participates in an educational program 11 provided by or through the Department and through that 12 program is awarded or earns the number of hours of credit 13 required for the award of an associate, baccalaureate, or 14 higher degree from a community college, college, or 15 university located in Illinois shall reimburse the State, 16 through the Department, for the costs incurred by the State 17 in providing that person during his or her incarceration with 18 the education that qualifies him or her for the award of that 19 degree. The costs for which reimbursement is required under 20 this subsection shall be determined and computed by the 21 Department under rules and regulations that it shall 22 establish for that purpose. However, interest at the rate of 23 6% per annum shall be charged on the balance of those costs 24 from time to time remaining unpaid, from the date of the 25 person's parole, mandatory supervised release, or release 26 constituting a final termination of his or her commitment to 27 the Department until paid. 28 (e) A person committed to the Department who becomes in 29 need of medical or surgical treatment but is incapable of 30 giving consent thereto shall receive such medical or surgical 31 treatment by the chief administrative officer consenting on 32 the person's behalf. Before the chief administrative officer 33 consents, he or she shall obtain the advice of one or more 34 physicians licensed to practice medicine in all its branches HB3880 Engrossed -3- LRB9111166RCpk 1 in this State. If such physician or physicians advise: 2 (1) that immediate medical or surgical treatment is 3 required relative to a condition threatening to cause 4 death, damage or impairment to bodily functions, or 5 disfigurement; and 6 (2) that the person is not capable of giving 7 consent to such treatment; the chief administrative 8 officer may give consent for such medical or surgical 9 treatment, and such consent shall be deemed to be the 10 consent of the person for all purposes, including, but 11 not limited to, the authority of a physician to give such 12 treatment. 13 (f) In the event that the person requires medical care 14 and treatment at a place other than the institution or 15 facility, the person may be removed therefrom under 16 conditions prescribed by the Department. The Department shall 17 require the committed person receiving medical or dental 18 services on a non-emergency basis to pay a $2 co-payment to 19 the Department for each visit for medical or dental services 20at a place other than the institution or facility. The 21 amount of each co-payment shall be deducted from the 22 committed person's individual account. A committed person who 23 has a chronic illness, as defined by Department rules and 24 regulations, shall be exempt from the $2 co-payment for 25 treatment of the chronic illness. A committed person shall 26 not be subject to a $2 co-payment for follow-up visits 27 ordered by a physician, who is employed by, or contracts 28 with, the Department. A committed person who is indigent is 29 exempt from the $2 co-payment and is entitled to receive 30 medical or dental services on the same basis as a committed 31 person who is financially able to afford the co-payment. 32 (g) Any person having sole custody of a child at the 33 time of commitment or any woman giving birth to a child after 34 her commitment, may arrange through the Department of HB3880 Engrossed -4- LRB9111166RCpk 1 Children and Family Services for suitable placement of the 2 child outside of the Department of Corrections. The Director 3 of the Department of Corrections may determine that there are 4 special reasons why the child should continue in the custody 5 of the mother until the child is 6 years old. 6 (h) The Department may provide Family Responsibility 7 Services which may consist of, but not be limited to the 8 following: 9 (1) family advocacy counseling; 10 (2) parent self-help group; 11 (3) parenting skills training; 12 (4) parent and child overnight program; 13 (5) parent and child reunification counseling, 14 either separately or together, preceding the inmate's 15 release; and 16 (6) a prerelease reunification staffing involving 17 the family advocate, the inmate and the child's 18 counselor, or both and the inmate. 19 (i) Prior to the release of any inmate who has a 20 documented history of intravenous drug use, and upon the 21 receipt of that inmate's written informed consent, the 22 Department shall provide for the testing of such inmate for 23 infection with human immunodeficiency virus (HIV) and any 24 other identified causative agent of acquired immunodeficiency 25 syndrome (AIDS). The testing provided under this subsection 26 shall consist of an enzyme-linked immunosorbent assay (ELISA) 27 test or such other test as may be approved by the Illinois 28 Department of Public Health. If the test result is positive, 29 the Western Blot Assay or more reliable confirmatory test 30 shall be administered. All inmates tested in accordance with 31 the provisions of this subsection shall be provided with 32 pre-test and post-test counseling. Notwithstanding any 33 provision of this subsection to the contrary, the Department 34 shall not be required to conduct the testing and counseling HB3880 Engrossed -5- LRB9111166RCpk 1 required by this subsection unless sufficient funds to cover 2 all costs of such testing and counseling are appropriated for 3 that purpose by the General Assembly. 4 (Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97; 5 90-14, eff. 7-1-97; 90-590, eff. 1-1-99.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.