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91_HB4124sam001
LRB9111987RCpkam04
1 AMENDMENT TO HOUSE BILL 4124
2 AMENDMENT NO. . Amend House Bill 4124 on page 1, by
3 deleting lines 4 through 24; and
4 on page 1, line 26, by replacing "3-2-6," with "3-6-2,"; and
5 on page 2, by replacing lines 18 through 29 with the
6 following:
7 "(c) The Department shall create a gang intelligence
8 unit under the supervision of the Director. The unit shall
9 be specifically designed to gather information regarding the
10 inmate gang population, monitor the activities of gangs, and
11 prevent the furtherance of gang activities through the
12 development and implementation of policies aimed at deterring
13 gang activity. The Director shall appoint a Corrections
14 Intelligence Coordinator.
15 All information collected and maintained by the unit
16 shall be highly confidential, and access to that information
17 shall be restricted by the Department. The information shall
18 be used to control and limit the activities of gangs within
19 correctional institutions under the jurisdiction of the
20 Illinois Department of Corrections and may be shared with
21 other law enforcement agencies in order to curb gang
22 activities outside of correctional institutions under the
23 jurisdiction of the Department and to assist in the
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1 investigations and prosecutions of gang activity. The
2 Department shall establish and promulgate rules governing the
3 release of information to outside law enforcement agencies.
4 Due to the highly sensitive nature of the information, the
5 information is exempt from requests for disclosure under the
6 Freedom of Information Act as the information contained is
7 highly confidential and may be harmful if disclosed.
8 The Department shall file an annual report with the
9 General Assembly on the profile of the inmate population
10 associated with gangs, gang-related activity within
11 correctional institutions under the jurisdiction of the
12 Department, and an overall status of the unit as it relates
13 to its function and performance."; and
14 on page 2, by deleting lines 31 through 33; and
15 by deleting all of pages 3 and 4; and
16 on page 5, by replacing lines 1 and 2 with the following:
17 "(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
18 Sec. 3-6-2. Institutions and Facility Administration.
19 (a) Each institution and facility of the Department
20 shall be administered by a chief administrative officer
21 appointed by the Director. A chief administrative officer
22 shall be responsible for all persons assigned to the
23 institution or facility. The chief administrative officer
24 shall administer the programs of the Department for the
25 custody and treatment of such persons.
26 (b) The chief administrative officer shall have such
27 assistants as the Department may assign.
28 (c) The Director or Assistant Director shall have the
29 emergency powers to temporarily transfer individuals without
30 formal procedures to any State, county, municipal or regional
31 correctional or detention institution or facility in the
32 State, subject to the acceptance of such receiving
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1 institution or facility, or to designate any reasonably
2 secure place in the State as such an institution or facility
3 and to make transfers thereto. However, transfers made under
4 emergency powers shall be reviewed as soon as practicable
5 under Article 8, and shall be subject to Section 5-905 of the
6 Juvenile Court Act of 1987. This Section shall not apply to
7 transfers to the Department of Human Services which are
8 provided for under Section 3-8-5 or Section 3-10-5.
9 (d) The Department shall provide educational programs
10 for all committed persons so that all persons have an
11 opportunity to attain the achievement level equivalent to the
12 completion of the twelfth grade in the public school system
13 in this State. Other higher levels of attainment shall be
14 encouraged and professional instruction shall be maintained
15 wherever possible. The Department may establish programs of
16 mandatory education and may establish rules and regulations
17 for the administration of such programs. A person committed
18 to the Department who, during the period of his or her
19 incarceration, participates in an educational program
20 provided by or through the Department and through that
21 program is awarded or earns the number of hours of credit
22 required for the award of an associate, baccalaureate, or
23 higher degree from a community college, college, or
24 university located in Illinois shall reimburse the State,
25 through the Department, for the costs incurred by the State
26 in providing that person during his or her incarceration with
27 the education that qualifies him or her for the award of that
28 degree. The costs for which reimbursement is required under
29 this subsection shall be determined and computed by the
30 Department under rules and regulations that it shall
31 establish for that purpose. However, interest at the rate of
32 6% per annum shall be charged on the balance of those costs
33 from time to time remaining unpaid, from the date of the
34 person's parole, mandatory supervised release, or release
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1 constituting a final termination of his or her commitment to
2 the Department until paid.
3 (e) A person committed to the Department who becomes in
4 need of medical or surgical treatment but is incapable of
5 giving consent thereto shall receive such medical or surgical
6 treatment by the chief administrative officer consenting on
7 the person's behalf. Before the chief administrative officer
8 consents, he or she shall obtain the advice of one or more
9 physicians licensed to practice medicine in all its branches
10 in this State. If such physician or physicians advise:
11 (1) that immediate medical or surgical treatment is
12 required relative to a condition threatening to cause
13 death, damage or impairment to bodily functions, or
14 disfigurement; and
15 (2) that the person is not capable of giving
16 consent to such treatment; the chief administrative
17 officer may give consent for such medical or surgical
18 treatment, and such consent shall be deemed to be the
19 consent of the person for all purposes, including, but
20 not limited to, the authority of a physician to give such
21 treatment.
22 (f) In the event that the person requires medical care
23 and treatment at a place other than the institution or
24 facility, the person may be removed therefrom under
25 conditions prescribed by the Department. The Department shall
26 require the committed person receiving medical or dental
27 services on a non-emergency basis to pay a $2 co-payment to
28 the Department for each visit for medical or dental services
29 at a place other than the institution or facility. The
30 amount of each co-payment shall be deducted from the
31 committed person's individual account. A committed person who
32 has a chronic illness, as defined by Department rules and
33 regulations, shall be exempt from the $2 co-payment for
34 treatment of the chronic illness. A committed person shall
-5- LRB9111987RCpkam04
1 not be subject to a $2 co-payment for follow-up visits
2 ordered by a physician, who is employed by, or contracts
3 with, the Department. A committed person who is indigent is
4 exempt from the $2 co-payment and is entitled to receive
5 medical or dental services on the same basis as a committed
6 person who is financially able to afford the co-payment.
7 (g) Any person having sole custody of a child at the
8 time of commitment or any woman giving birth to a child after
9 her commitment, may arrange through the Department of
10 Children and Family Services for suitable placement of the
11 child outside of the Department of Corrections. The Director
12 of the Department of Corrections may determine that there are
13 special reasons why the child should continue in the custody
14 of the mother until the child is 6 years old.
15 (h) The Department may provide Family Responsibility
16 Services which may consist of, but not be limited to the
17 following:
18 (1) family advocacy counseling;
19 (2) parent self-help group;
20 (3) parenting skills training;
21 (4) parent and child overnight program;
22 (5) parent and child reunification counseling,
23 either separately or together, preceding the inmate's
24 release; and
25 (6) a prerelease reunification staffing involving
26 the family advocate, the inmate and the child's
27 counselor, or both and the inmate.
28 (i) Prior to the release of any inmate who has a
29 documented history of intravenous drug use, and upon the
30 receipt of that inmate's written informed consent, the
31 Department shall provide for the testing of such inmate for
32 infection with human immunodeficiency virus (HIV) and any
33 other identified causative agent of acquired immunodeficiency
34 syndrome (AIDS). The testing provided under this subsection
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1 shall consist of an enzyme-linked immunosorbent assay (ELISA)
2 test or such other test as may be approved by the Illinois
3 Department of Public Health. If the test result is positive,
4 the Western Blot Assay or more reliable confirmatory test
5 shall be administered. All inmates tested in accordance with
6 the provisions of this subsection shall be provided with
7 pre-test and post-test counseling. Notwithstanding any
8 provision of this subsection to the contrary, the Department
9 shall not be required to conduct the testing and counseling
10 required by this subsection unless sufficient funds to cover
11 all costs of such testing and counseling are appropriated for
12 that purpose by the General Assembly.
13 (Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97;
14 90-14, eff. 7-1-97; 90-590, eff. 1-1-99.)"; and
15 on page 6, by replacing lines 17 through 20 with the
16 following:
17 "contact visits. Any committed person found in possession of
18 illegal drugs or who fails a drug test shall not be permitted
19 contact visits for a period of at least 6 months. Any
20 committed person involved in gang activities or found guilty
21 of assault committed against a Department employee shall not
22 be permitted contact visits for a period of at least 6
23 months.".