Bill Text: IL HB1092 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Unified Code of Corrections. Provides that the Department of Corrections shall provide educational programs in each of its institutions and facilities for all committed persons. Provides that the Department must allow into each institution and facility of the Department teachers who hold Professional Educator Licenses issued by the State Superintendent of Education under the School Code to teach committed persons. Provides that the Department shall provide vocational training for committed persons in each institution and facility of the Department. Provides that each institution and facility of the Department of Juvenile Justice shall provide educational and vocational training for all persons committed to the Department. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-02-23 - Added Co-Sponsor Rep. Carol Ammons [HB1092 Detail]

Download: Illinois-2023-HB1092-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1092

Introduced , by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-6-2 from Ch. 38, par. 1003-6-2
730 ILCS 5/3-10-2 from Ch. 38, par. 1003-10-2

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall provide educational programs in each of its institutions and facilities for all committed persons. Provides that the Department must allow into each institution and facility of the Department teachers who hold Professional Educator Licenses issued by the State Superintendent of Education under the School Code to teach committed persons. Provides that the Department shall provide vocational training for committed persons in each institution and facility of the Department. Provides that each institution and facility of the Department of Juvenile Justice shall provide educational and vocational training for all persons committed to the Department. Effective immediately.
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A BILL FOR

HB1092LRB103 04846 RLC 49856 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-6-2 and 3-10-2 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 shall
9be administered by a chief administrative officer appointed by
10the Director. A chief administrative officer shall be
11responsible for all persons assigned to the institution or
12facility. The chief administrative officer shall administer
13the programs of the Department for the custody and treatment
14of such persons.
15 (b) The chief administrative officer shall have such
16assistants as the Department may assign.
17 (c) The Director or Assistant Director shall have the
18emergency powers to temporarily transfer individuals without
19formal procedures to any State, county, municipal or regional
20correctional or detention institution or facility in the
21State, subject to the acceptance of such receiving institution
22or facility, or to designate any reasonably secure place in
23the State as such an institution or facility and to make

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1transfers thereto. However, transfers made under emergency
2powers shall be reviewed as soon as practicable under Article
38, and shall be subject to Section 5-905 of the Juvenile Court
4Act of 1987. This Section shall not apply to transfers to the
5Department of Human Services which are provided for under
6Section 3-8-5 or Section 3-10-5.
7 (d) The Department of Juvenile Justice shall provide
8educational programs in each of its institutions and
9facilities for all committed youth so that all youth have an
10opportunity to attain the achievement level equivalent to the
11completion of the twelfth grade in the public school system in
12this State. Other higher levels of attainment shall be
13encouraged and professional instruction shall be maintained
14wherever possible. The Department must allow into each
15institution and facility of the Department teachers who hold
16Professional Educator Licenses issued by the State
17Superintendent of Education under the School Code to teach
18committed persons. The Department may establish programs of
19mandatory education and may establish rules and regulations
20for the administration of such programs. A person committed to
21the Department of Corrections who, during the period of his or
22her incarceration, participates in an educational program
23provided by or through the Department of Corrections and
24through that program is awarded or earns the number of hours of
25credit required for the award of an associate, baccalaureate,
26or higher degree from a community college, college, or

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1university located in Illinois shall reimburse the State,
2through the Department of Corrections, for the costs incurred
3by the State in providing that person during his or her
4incarceration with the education that qualifies him or her for
5the award of that degree. The costs for which reimbursement is
6required under this subsection shall be determined and
7computed by the Department of Corrections under rules and
8regulations that it shall establish for that purpose. However,
9interest at the rate of 6% per annum shall be charged on the
10balance of those costs from time to time remaining unpaid,
11from the date of the person's parole, mandatory supervised
12release, or release constituting a final termination of his or
13her commitment to the Department of Corrections until paid.
14 (d-1) The Department shall provide vocational training for
15committed persons in each institution and facility of the
16Department.
17 (d-5) A person committed to the Department is entitled to
18confidential testing for infection with human immunodeficiency
19virus (HIV) and to counseling in connection with such testing,
20with no copay to the committed person. A person committed to
21the Department who has tested positive for infection with HIV
22is entitled to medical care while incarcerated, counseling,
23and referrals to support services, in connection with that
24positive test result. Implementation of this subsection (d-5)
25is subject to appropriation.
26 (e) A person committed to the Department who becomes in

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1need of medical or surgical treatment but is incapable of
2giving consent thereto shall receive such medical or surgical
3treatment by the chief administrative officer consenting on
4the person's behalf. Before the chief administrative officer
5consents, he or she shall obtain the advice of one or more
6physicians licensed to practice medicine in all its branches
7in this State. If such physician or physicians advise:
8 (1) that immediate medical or surgical treatment is
9 required relative to a condition threatening to cause
10 death, damage or impairment to bodily functions, or
11 disfigurement; and
12 (2) that the person is not capable of giving consent
13 to such treatment; the chief administrative officer may
14 give consent for such medical or surgical treatment, and
15 such consent shall be deemed to be the consent of the
16 person for all purposes, including, but not limited to,
17 the authority of a physician to give such treatment.
18 (e-5) If a physician providing medical care to a committed
19person on behalf of the Department advises the chief
20administrative officer that the committed person's mental or
21physical health has deteriorated as a result of the cessation
22of ingestion of food or liquid to the point where medical or
23surgical treatment is required to prevent death, damage, or
24impairment to bodily functions, the chief administrative
25officer may authorize such medical or surgical treatment.
26 (f) In the event that the person requires medical care and

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1treatment at a place other than the institution or facility,
2the person may be removed therefrom under conditions
3prescribed by the Department. Neither the Department of
4Corrections nor the Department of Juvenile Justice may require
5a committed person or person committed to any facility
6operated by the Department of Juvenile Justice, as set forth
7in Section 3-2.5-15 of this Code, to pay any co-payment for
8receiving medical or dental services.
9 (f-5) The Department shall comply with the Health Care
10Violence Prevention Act.
11 (g) Any person having sole custody of a child at the time
12of commitment or any woman giving birth to a child after her
13commitment, may arrange through the Department of Children and
14Family Services for suitable placement of the child outside of
15the Department of Corrections. The Director of the Department
16of Corrections may determine that there are special reasons
17why the child should continue in the custody of the mother
18until the child is 6 years old.
19 (h) The Department may provide Family Responsibility
20Services which may consist of, but not be limited to the
21following:
22 (1) family advocacy counseling;
23 (2) parent self-help group;
24 (3) parenting skills training;
25 (4) parent and child overnight program;
26 (5) parent and child reunification counseling, either

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1 separately or together, preceding the inmate's release;
2 and
3 (6) a prerelease reunification staffing involving the
4 family advocate, the inmate and the child's counselor, or
5 both and the inmate.
6 (i) (Blank).
7 (j) Any person convicted of a sex offense as defined in the
8Sex Offender Management Board Act shall be required to receive
9a sex offender evaluation prior to release into the community
10from the Department of Corrections. The sex offender
11evaluation shall be conducted in conformance with the
12standards and guidelines developed under the Sex Offender
13Management Board Act and by an evaluator approved by the
14Board.
15 (k) Any minor committed to the Department of Juvenile
16Justice for a sex offense as defined by the Sex Offender
17Management Board Act shall be required to undergo sex offender
18treatment by a treatment provider approved by the Board and
19conducted in conformance with the Sex Offender Management
20Board Act.
21 (l) Prior to the release of any inmate committed to a
22facility of the Department or the Department of Juvenile
23Justice, the Department must provide the inmate with
24appropriate information verbally, in writing, by video, or
25other electronic means, concerning HIV and AIDS. The
26Department shall develop the informational materials in

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1consultation with the Department of Public Health. At the same
2time, the Department must also offer the committed person the
3option of testing for infection with human immunodeficiency
4virus (HIV), with no copayment for the test. Pre-test
5information shall be provided to the committed person and
6informed consent obtained as required in subsection (d) of
7Section 3 and Section 5 of the AIDS Confidentiality Act. The
8Department may conduct opt-out HIV testing as defined in
9Section 4 of the AIDS Confidentiality Act. If the Department
10conducts opt-out HIV testing, the Department shall place signs
11in English, Spanish and other languages as needed in multiple,
12highly visible locations in the area where HIV testing is
13conducted informing inmates that they will be tested for HIV
14unless they refuse, and refusal or acceptance of testing shall
15be documented in the inmate's medical record. The Department
16shall follow procedures established by the Department of
17Public Health to conduct HIV testing and testing to confirm
18positive HIV test results. All testing must be conducted by
19medical personnel, but pre-test and other information may be
20provided by committed persons who have received appropriate
21training. The Department, in conjunction with the Department
22of Public Health, shall develop a plan that complies with the
23AIDS Confidentiality Act to deliver confidentially all
24positive or negative HIV test results to inmates or former
25inmates. Nothing in this Section shall require the Department
26to offer HIV testing to an inmate who is known to be infected

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1with HIV, or who has been tested for HIV within the previous
2180 days and whose documented HIV test result is available to
3the Department electronically. The testing provided under this
4subsection (l) shall consist of a test approved by the
5Illinois Department of Public Health to determine the presence
6of HIV infection, based upon recommendations of the United
7States Centers for Disease Control and Prevention. If the test
8result is positive, a reliable supplemental test based upon
9recommendations of the United States Centers for Disease
10Control and Prevention shall be administered.
11 Prior to the release of an inmate who the Department knows
12has tested positive for infection with HIV, the Department in
13a timely manner shall offer the inmate transitional case
14management, including referrals to other support services.
15 (m) The chief administrative officer of each institution
16or facility of the Department shall make a room in the
17institution or facility available for substance use disorder
18services to be provided to committed persons on a voluntary
19basis. The services shall be provided for one hour once a week
20at a time specified by the chief administrative officer of the
21institution or facility if the following conditions are met:
22 (1) the substance use disorder service contacts the
23 chief administrative officer to arrange the meeting;
24 (2) the committed person may attend the meeting for
25 substance use disorder services only if the committed
26 person uses pre-existing free time already available to

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1 the committed person;
2 (3) all disciplinary and other rules of the
3 institution or facility remain in effect;
4 (4) the committed person is not given any additional
5 privileges to attend substance use disorder services;
6 (5) if the substance use disorder service does not
7 arrange for scheduling a meeting for that week, no
8 substance use disorder services shall be provided to the
9 committed person in the institution or facility for that
10 week;
11 (6) the number of committed persons who may attend a
12 substance use disorder meeting shall not exceed 40 during
13 any session held at the correctional institution or
14 facility;
15 (7) a volunteer seeking to provide substance use
16 disorder services under this subsection (m) must submit an
17 application to the Department of Corrections under
18 existing Department rules and the Department must review
19 the application within 60 days after submission of the
20 application to the Department; and
21 (8) each institution and facility of the Department
22 shall manage the substance use disorder services program
23 according to its own processes and procedures.
24 For the purposes of this subsection (m), "substance use
25disorder services" means recovery services for persons with
26substance use disorders provided by volunteers of recovery

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1support services recognized by the Department of Human
2Services.
3(Source: P.A. 101-81, eff. 7-12-19; 101-86, eff. 1-1-20;
4102-350, eff. 8-13-21.)
5 (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
6 Sec. 3-10-2. Examination of persons committed to the
7Department of Juvenile Justice.
8 (a) A person committed to the Department of Juvenile
9Justice shall be examined in regard to his medical,
10psychological, social, educational and vocational condition
11and history, including the use of alcohol and other drugs, the
12circumstances of his offense and any other information as the
13Department of Juvenile Justice may determine.
14 (a-5) Upon admission of a person committed to the
15Department of Juvenile Justice, the Department of Juvenile
16Justice must provide the person with appropriate information
17concerning HIV and AIDS in writing, verbally, or by video or
18other electronic means. The Department of Juvenile Justice
19shall develop the informational materials in consultation with
20the Department of Public Health. At the same time, the
21Department of Juvenile Justice also must offer the person the
22option of being tested, at no charge to the person, for
23infection with human immunodeficiency virus (HIV). Pre-test
24information shall be provided to the committed person and
25informed consent obtained as required in subsection (q) of

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1Section 3 and Section 5 of the AIDS Confidentiality Act. The
2Department of Juvenile Justice may conduct opt-out HIV testing
3as defined in Section 4 of the AIDS Confidentiality Act. If the
4Department conducts opt-out HIV testing, the Department shall
5place signs in English, Spanish and other languages as needed
6in multiple, highly visible locations in the area where HIV
7testing is conducted informing inmates that they will be
8tested for HIV unless they refuse, and refusal or acceptance
9of testing shall be documented in the inmate's medical record.
10The Department shall follow procedures established by the
11Department of Public Health to conduct HIV testing and testing
12to confirm positive HIV test results. All testing must be
13conducted by medical personnel, but pre-test and other
14information may be provided by committed persons who have
15received appropriate training. The Department, in conjunction
16with the Department of Public Health, shall develop a plan
17that complies with the AIDS Confidentiality Act to deliver
18confidentially all positive or negative HIV test results to
19inmates or former inmates. Nothing in this Section shall
20require the Department to offer HIV testing to an inmate who is
21known to be infected with HIV, or who has been tested for HIV
22within the previous 180 days and whose documented HIV test
23result is available to the Department electronically. The
24testing provided under this subsection (a-5) shall consist of
25a test approved by the Illinois Department of Public Health to
26determine the presence of HIV infection, based upon

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1recommendations of the United States Centers for Disease
2Control and Prevention. If the test result is positive, a
3reliable supplemental test based upon recommendations of the
4United States Centers for Disease Control and Prevention shall
5be administered.
6 Also, upon the admission of a person committed to the
7Department of Juvenile Justice, the Department of Juvenile
8Justice must inform the person of the Department's obligation
9to provide the person with medical care.
10 (b) Based on its examination, the Department of Juvenile
11Justice may exercise the following powers in developing a
12treatment program of any person committed to the Department of
13Juvenile Justice:
14 (1) Require participation by him in vocational,
15 physical, educational and corrective training and
16 activities to return him to the community.
17 (2) Place him in any institution or facility of the
18 Department of Juvenile Justice.
19 (3) Order replacement or referral to the Parole and
20 Pardon Board as often as it deems desirable. The
21 Department of Juvenile Justice shall refer the person to
22 the Parole and Pardon Board as required under Section
23 3-3-4.
24 (4) Enter into agreements with the Secretary of Human
25 Services and the Director of Children and Family Services,
26 with courts having probation officers, and with private

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1 agencies or institutions for separate care or special
2 treatment of persons subject to the control of the
3 Department of Juvenile Justice.
4 (c) The Department of Juvenile Justice shall make periodic
5reexamination of all persons under the control of the
6Department of Juvenile Justice to determine whether existing
7orders in individual cases should be modified or continued.
8This examination shall be made with respect to every person at
9least once annually.
10 (d) A record of the treatment decision, including any
11modification thereof and the reason therefor, shall be part of
12the committed person's master record file.
13 (e) The Department of Juvenile Justice shall by regular
14mail and telephone or electronic message notify the parent,
15guardian, or nearest relative of any person committed to the
16Department of Juvenile Justice of his or her physical location
17and any change of his or her physical location.
18 (f) Each institution and facility of the Department of
19Juvenile Justice shall provide educational and vocational
20training for all persons committed to the Department.
21(Source: P.A. 100-19, eff. 1-1-18; 100-700, eff. 8-3-18;
22101-81, eff. 7-12-19.)
23 Section 99. Effective date. This Act takes effect upon
24becoming law.
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