State of Illinois
92nd General Assembly
Legislation

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92_HB2847ham001

 










                                             LRB9202406RCsbam

 1                    AMENDMENT TO HOUSE BILL 2847

 2        AMENDMENT NO.     .  Amend House Bill 2847 as follows:
 3    by replacing everything after the enacting  clause  with  the
 4    following:

 5        "Section  5.   The Unified Code of Corrections is amended
 6    by 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
 
                            -2-              LRB9202406RCsbam
 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
 
                            -3-              LRB9202406RCsbam
 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    The amount of each co-payment  shall  be  deducted  from  the
30    committed person's individual account. A committed person who
31    has  a  chronic  illness,  as defined by Department rules and
32    regulations, shall be  exempt  from  the  $2  co-payment  for
33    treatment  of  the chronic illness.  A committed person shall
34    not be subject  to  a  $2  co-payment  for  follow-up  visits
 
                            -4-              LRB9202406RCsbam
 1    ordered  by  a  physician,  who  is employed by, or contracts
 2    with, the Department.  A committed person who is indigent  is
 3    exempt  from  the  $2  co-payment  and is entitled to receive
 4    medical or dental services on the same basis as  a  committed
 5    person  who  is  financially  able  to afford the co-payment.
 6    Notwithstanding any other provision in this subsection (f) to
 7    the contrary, any person committed to any  facility  operated
 8    by  the  Juvenile Division, as set forth in subsection (b) of
 9    Section 3-2-5 of this Code, is  exempt  from  the  co-payment
10    requirement   for   the  duration  of  confinement  in  those
11    facilities.
12        (g)  Any person having sole custody of  a  child  at  the
13    time of commitment or any woman giving birth to a child after
14    her   commitment,  may  arrange  through  the  Department  of
15    Children and Family Services for suitable  placement  of  the
16    child  outside of the Department of Corrections. The Director
17    of the Department of Corrections may determine that there are
18    special reasons why the child should continue in the  custody
19    of the mother until the child is 6 years old.
20        (h)  The  Department  may  provide  Family Responsibility
21    Services which may consist of, but  not  be  limited  to  the
22    following:
23             (1)  family advocacy counseling;
24             (2)  parent self-help group;
25             (3)  parenting skills training;
26             (4)  parent and child overnight program;
27             (5)  parent   and  child  reunification  counseling,
28        either separately or  together,  preceding  the  inmate's
29        release; and
30             (6)  a  prerelease  reunification staffing involving
31        the  family   advocate,  the  inmate  and   the   child's
32        counselor, or both and the inmate.
33        (i)  Prior  to  the  release  of  any  inmate  who  has a
34    documented history of intravenous  drug  use,  and  upon  the
 
                            -5-              LRB9202406RCsbam
 1    receipt  of  that  inmate's  written  informed  consent,  the
 2    Department  shall  provide for the testing of such inmate for
 3    infection with human immunodeficiency  virus  (HIV)  and  any
 4    other identified causative agent of acquired immunodeficiency
 5    syndrome  (AIDS).  The testing provided under this subsection
 6    shall consist of an enzyme-linked immunosorbent assay (ELISA)
 7    test or such other test as may be approved  by  the  Illinois
 8    Department  of Public Health. If the test result is positive,
 9    the Western Blot Assay or  more  reliable  confirmatory  test
10    shall  be administered. All inmates tested in accordance with
11    the provisions of this  subsection  shall  be  provided  with
12    pre-test   and   post-test  counseling.  Notwithstanding  any
13    provision of this subsection to the contrary, the  Department
14    shall  not  be required to conduct the testing and counseling
15    required by this subsection unless sufficient funds to  cover
16    all costs of such testing and counseling are appropriated for
17    that purpose by the General Assembly.
18    (Source:  P.A.  90-14,  eff.  7-1-97;  90-590,  eff.  1-1-99;
19    91-912, eff. 7-7-00.)

20        Section  99.  Effective date.  This Act takes effect upon
21    becoming law.".

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