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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
92_HB2847enr HB2847 Enrolled LRB9202406ARsb 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended by 5 changing Section 3-6-2 as follows: 6 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) 7 Sec. 3-6-2. Institutions and Facility Administration. 8 (a) Each institution and facility of the Department 9 shall be administered by a chief administrative officer 10 appointed by the Director. A chief administrative officer 11 shall be responsible for all persons assigned to the 12 institution or facility. The chief administrative officer 13 shall administer the programs of the Department for the 14 custody and treatment of such persons. 15 (b) The chief administrative officer shall have such 16 assistants as the Department may assign. 17 (c) The Director or Assistant Director shall have the 18 emergency powers to temporarily transfer individuals without 19 formal procedures to any State, county, municipal or regional 20 correctional or detention institution or facility in the 21 State, subject to the acceptance of such receiving 22 institution or facility, or to designate any reasonably 23 secure place in the State as such an institution or facility 24 and to make transfers thereto. However, transfers made under 25 emergency powers shall be reviewed as soon as practicable 26 under Article 8, and shall be subject to Section 5-905 of the 27 Juvenile Court Act of 1987. This Section shall not apply to 28 transfers to the Department of Human Services which are 29 provided for under Section 3-8-5 or Section 3-10-5. 30 (d) The Department shall provide educational programs 31 for all committed persons so that all persons have an HB2847 Enrolled -2- LRB9202406ARsb 1 opportunity to attain the achievement level equivalent to the 2 completion of the twelfth grade in the public school system 3 in this State. Other higher levels of attainment shall be 4 encouraged and professional instruction shall be maintained 5 wherever possible. The Department may establish programs of 6 mandatory education and may establish rules and regulations 7 for the administration of such programs. A person committed 8 to the Department who, during the period of his or her 9 incarceration, participates in an educational program 10 provided by or through the Department and through that 11 program is awarded or earns the number of hours of credit 12 required for the award of an associate, baccalaureate, or 13 higher degree from a community college, college, or 14 university located in Illinois shall reimburse the State, 15 through the Department, for the costs incurred by the State 16 in providing that person during his or her incarceration with 17 the education that qualifies him or her for the award of that 18 degree. The costs for which reimbursement is required under 19 this subsection shall be determined and computed by the 20 Department under rules and regulations that it shall 21 establish for that purpose. However, interest at the rate of 22 6% per annum shall be charged on the balance of those costs 23 from time to time remaining unpaid, from the date of the 24 person's parole, mandatory supervised release, or release 25 constituting a final termination of his or her commitment to 26 the Department until paid. 27 (e) A person committed to the Department who becomes in 28 need of medical or surgical treatment but is incapable of 29 giving consent thereto shall receive such medical or surgical 30 treatment by the chief administrative officer consenting on 31 the person's behalf. Before the chief administrative officer 32 consents, he or she shall obtain the advice of one or more 33 physicians licensed to practice medicine in all its branches 34 in this State. If such physician or physicians advise: HB2847 Enrolled -3- LRB9202406ARsb 1 (1) that immediate medical or surgical treatment is 2 required relative to a condition threatening to cause 3 death, damage or impairment to bodily functions, or 4 disfigurement; and 5 (2) that the person is not capable of giving 6 consent to such treatment; the chief administrative 7 officer may give consent for such medical or surgical 8 treatment, and such consent shall be deemed to be the 9 consent of the person for all purposes, including, but 10 not limited to, the authority of a physician to give such 11 treatment. 12 (f) In the event that the person requires medical care 13 and treatment at a place other than the institution or 14 facility, the person may be removed therefrom under 15 conditions prescribed by the Department. The Department shall 16 require the committed person receiving medical or dental 17 services on a non-emergency basis to pay a $2 co-payment to 18 the Department for each visit for medical or dental services. 19 The amount of each co-payment shall be deducted from the 20 committed person's individual account. A committed person who 21 has a chronic illness, as defined by Department rules and 22 regulations, shall be exempt from the $2 co-payment for 23 treatment of the chronic illness. A committed person shall 24 not be subject to a $2 co-payment for follow-up visits 25 ordered by a physician, who is employed by, or contracts 26 with, the Department. A committed person who is indigent is 27 exempt from the $2 co-payment and is entitled to receive 28 medical or dental services on the same basis as a committed 29 person who is financially able to afford the co-payment. 30 Notwithstanding any other provision in this subsection (f) to 31 the contrary, any person committed to any facility operated 32 by the Juvenile Division, as set forth in subsection (b) of 33 Section 3-2-5 of this Code, is exempt from the co-payment 34 requirement for the duration of confinement in those HB2847 Enrolled -4- LRB9202406ARsb 1 facilities. 2 (g) Any person having sole custody of a child at the 3 time of commitment or any woman giving birth to a child after 4 her commitment, may arrange through the Department of 5 Children and Family Services for suitable placement of the 6 child outside of the Department of Corrections. The Director 7 of the Department of Corrections may determine that there are 8 special reasons why the child should continue in the custody 9 of the mother until the child is 6 years old. 10 (h) The Department may provide Family Responsibility 11 Services which may consist of, but not be limited to the 12 following: 13 (1) family advocacy counseling; 14 (2) parent self-help group; 15 (3) parenting skills training; 16 (4) parent and child overnight program; 17 (5) parent and child reunification counseling, 18 either separately or together, preceding the inmate's 19 release; and 20 (6) a prerelease reunification staffing involving 21 the family advocate, the inmate and the child's 22 counselor, or both and the inmate. 23 (i) Prior to the release of any inmate who has a 24 documented history of intravenous drug use, and upon the 25 receipt of that inmate's written informed consent, the 26 Department shall provide for the testing of such inmate for 27 infection with human immunodeficiency virus (HIV) and any 28 other identified causative agent of acquired immunodeficiency 29 syndrome (AIDS). The testing provided under this subsection 30 shall consist of an enzyme-linked immunosorbent assay (ELISA) 31 test or such other test as may be approved by the Illinois 32 Department of Public Health. If the test result is positive, 33 the Western Blot Assay or more reliable confirmatory test 34 shall be administered. All inmates tested in accordance with HB2847 Enrolled -5- LRB9202406ARsb 1 the provisions of this subsection shall be provided with 2 pre-test and post-test counseling. Notwithstanding any 3 provision of this subsection to the contrary, the Department 4 shall not be required to conduct the testing and counseling 5 required by this subsection unless sufficient funds to cover 6 all costs of such testing and counseling are appropriated for 7 that purpose by the General Assembly. 8 (Source: P.A. 90-14, eff. 7-1-97; 90-590, eff. 1-1-99; 9 91-912, eff. 7-7-00.) 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.