Bill Text: IL HB2045 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Unified Code of Corrections. Provides that neither the Department of Corrections nor the Department of Juvenile Justice may require a committed person or person committed to any facility operated by the Department of Juvenile Justice to pay any co-payment for receiving medical or dental services.

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Passed) 2019-07-19 - Public Act . . . . . . . . . 101-0086 [HB2045 Detail]

Download: Illinois-2019-HB2045-Chaptered.html



Public Act 101-0086
HB2045 EnrolledLRB101 08094 SLF 53157 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 3-6-2 as follows:
(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
Sec. 3-6-2. Institutions and facility administration.
(a) Each institution and facility of the Department shall
be administered by a chief administrative officer appointed by
the Director. A chief administrative officer shall be
responsible for all persons assigned to the institution or
facility. The chief administrative officer shall administer
the programs of the Department for the custody and treatment of
such persons.
(b) The chief administrative officer shall have such
assistants as the Department may assign.
(c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the State,
subject to the acceptance of such receiving institution or
facility, or to designate any reasonably secure place in the
State as such an institution or facility and to make transfers
thereto. However, transfers made under emergency powers shall
be reviewed as soon as practicable under Article 8, and shall
be subject to Section 5-905 of the Juvenile Court Act of 1987.
This Section shall not apply to transfers to the Department of
Human Services which are provided for under Section 3-8-5 or
Section 3-10-5.
(d) The Department shall provide educational programs for
all committed persons so that all persons have an opportunity
to attain the achievement level equivalent to the completion of
the twelfth grade in the public school system in this State.
Other higher levels of attainment shall be encouraged and
professional instruction shall be maintained wherever
possible. The Department may establish programs of mandatory
education and may establish rules and regulations for the
administration of such programs. A person committed to the
Department who, during the period of his or her incarceration,
participates in an educational program provided by or through
the Department and through that program is awarded or earns the
number of hours of credit required for the award of an
associate, baccalaureate, or higher degree from a community
college, college, or university located in Illinois shall
reimburse the State, through the Department, for the costs
incurred by the State in providing that person during his or
her incarceration with the education that qualifies him or her
for the award of that degree. The costs for which reimbursement
is required under this subsection shall be determined and
computed by the Department under rules and regulations that it
shall establish for that purpose. However, interest at the rate
of 6% per annum shall be charged on the balance of those costs
from time to time remaining unpaid, from the date of the
person's parole, mandatory supervised release, or release
constituting a final termination of his or her commitment to
the Department until paid.
(d-5) A person committed to the Department is entitled to
confidential testing for infection with human immunodeficiency
virus (HIV) and to counseling in connection with such testing,
with no copay to the committed person. A person committed to
the Department who has tested positive for infection with HIV
is entitled to medical care while incarcerated, counseling, and
referrals to support services, in connection with that positive
test result. Implementation of this subsection (d-5) is subject
to appropriation.
(e) A person committed to the Department who becomes in
need of medical or surgical treatment but is incapable of
giving consent thereto shall receive such medical or surgical
treatment by the chief administrative officer consenting on the
person's behalf. Before the chief administrative officer
consents, he or she shall obtain the advice of one or more
physicians licensed to practice medicine in all its branches in
this State. If such physician or physicians advise:
(1) that immediate medical or surgical treatment is
required relative to a condition threatening to cause
death, damage or impairment to bodily functions, or
disfigurement; and
(2) that the person is not capable of giving consent to
such treatment; the chief administrative officer may give
consent for such medical or surgical treatment, and such
consent shall be deemed to be the consent of the person for
all purposes, including, but not limited to, the authority
of a physician to give such treatment.
(e-5) If a physician providing medical care to a committed
person on behalf of the Department advises the chief
administrative officer that the committed person's mental or
physical health has deteriorated as a result of the cessation
of ingestion of food or liquid to the point where medical or
surgical treatment is required to prevent death, damage, or
impairment to bodily functions, the chief administrative
officer may authorize such medical or surgical treatment.
(f) In the event that the person requires medical care and
treatment at a place other than the institution or facility,
the person may be removed therefrom under conditions prescribed
by the Department. Neither the Department of Corrections nor
the Department of Juvenile Justice may require a committed
person or person committed to any facility operated by the
Department of Juvenile Justice, as set forth in Section
3-2.5-15 of this Code, to pay any co-payment for receiving
medical or dental services. The Department shall require the
committed person receiving medical or dental services on a
non-emergency basis to pay a $5 co-payment to the Department
for each visit for medical or dental services. The amount of
each co-payment shall be deducted from the committed person's
individual account. A committed person who has a chronic
illness, as defined by Department rules and regulations, shall
be exempt from the $5 co-payment for treatment of the chronic
illness. A committed person shall not be subject to a $5
co-payment for follow-up visits ordered by a physician, who is
employed by, or contracts with, the Department. A committed
person who is indigent is exempt from the $5 co-payment and is
entitled to receive medical or dental services on the same
basis as a committed person who is financially able to afford
the co-payment. For purposes of this Section only, "indigent"
means a committed person who has $20 or less in his or her
Inmate Trust Fund at the time of such services and for the 30
days prior to such services. Notwithstanding any other
provision in this subsection (f) to the contrary, any person
committed to any facility operated by the Department of
Juvenile Justice, as set forth in Section 3-2.5-15 of this
Code, is exempt from the co-payment requirement for the
duration of confinement in those facilities.
(f-5) The Department shall comply with the Health Care
Violence Prevention Act.
(g) Any person having sole custody of a child at the time
of commitment or any woman giving birth to a child after her
commitment, may arrange through the Department of Children and
Family Services for suitable placement of the child outside of
the Department of Corrections. The Director of the Department
of Corrections may determine that there are special reasons why
the child should continue in the custody of the mother until
the child is 6 years old.
(h) The Department may provide Family Responsibility
Services which may consist of, but not be limited to the
following:
(1) family advocacy counseling;
(2) parent self-help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling, either
separately or together, preceding the inmate's release;
and
(6) a prerelease reunification staffing involving the
family advocate, the inmate and the child's counselor, or
both and the inmate.
(i) (Blank).
(j) Any person convicted of a sex offense as defined in the
Sex Offender Management Board Act shall be required to receive
a sex offender evaluation prior to release into the community
from the Department of Corrections. The sex offender evaluation
shall be conducted in conformance with the standards and
guidelines developed under the Sex Offender Management Board
Act and by an evaluator approved by the Board.
(k) Any minor committed to the Department of Juvenile
Justice for a sex offense as defined by the Sex Offender
Management Board Act shall be required to undergo sex offender
treatment by a treatment provider approved by the Board and
conducted in conformance with the Sex Offender Management Board
Act.
(l) Prior to the release of any inmate committed to a
facility of the Department or the Department of Juvenile
Justice, the Department must provide the inmate with
appropriate information verbally, in writing, by video, or
other electronic means, concerning HIV and AIDS. The Department
shall develop the informational materials in consultation with
the Department of Public Health. At the same time, the
Department must also offer the committed person the option of
testing for infection with human immunodeficiency virus (HIV),
with no copayment for the test. Pre-test information shall be
provided to the committed person and informed consent obtained
as required in subsection (d) of Section 3 and Section 5 of the
AIDS Confidentiality Act. The Department may conduct opt-out
HIV testing as defined in Section 4 of the AIDS Confidentiality
Act. If the Department conducts opt-out HIV testing, the
Department shall place signs in English, Spanish and other
languages as needed in multiple, highly visible locations in
the area where HIV testing is conducted informing inmates that
they will be tested for HIV unless they refuse, and refusal or
acceptance of testing shall be documented in the inmate's
medical record. The Department shall follow procedures
established by the Department of Public Health to conduct HIV
testing and testing to confirm positive HIV test results. All
testing must be conducted by medical personnel, but pre-test
and other information may be provided by committed persons who
have received appropriate training. The Department, in
conjunction with the Department of Public Health, shall develop
a plan that complies with the AIDS Confidentiality Act to
deliver confidentially all positive or negative HIV test
results to inmates or former inmates. Nothing in this Section
shall require the Department to offer HIV testing to an inmate
who is known to be infected with HIV, or who has been tested
for HIV within the previous 180 days and whose documented HIV
test result is available to the Department electronically. The
testing provided under this subsection (l) shall consist of a
test approved by the Illinois Department of Public Health to
determine the presence of HIV infection, based upon
recommendations of the United States Centers for Disease
Control and Prevention. If the test result is positive, a
reliable supplemental test based upon recommendations of the
United States Centers for Disease Control and Prevention shall
be administered.
Prior to the release of an inmate who the Department knows
has tested positive for infection with HIV, the Department in a
timely manner shall offer the inmate transitional case
management, including referrals to other support services.
(m) The chief administrative officer of each institution or
facility of the Department shall make a room in the institution
or facility available for substance use disorder services to be
provided to committed persons on a voluntary basis. The
services shall be provided for one hour once a week at a time
specified by the chief administrative officer of the
institution or facility if the following conditions are met:
(1) the substance use disorder service contacts the
chief administrative officer to arrange the meeting;
(2) the committed person may attend the meeting for
substance use disorder services only if the committed
person uses pre-existing free time already available to the
committed person;
(3) all disciplinary and other rules of the institution
or facility remain in effect;
(4) the committed person is not given any additional
privileges to attend substance use disorder services;
(5) if the substance use disorder service does not
arrange for scheduling a meeting for that week, no
substance use disorder services shall be provided to the
committed person in the institution or facility for that
week;
(6) the number of committed persons who may attend a
substance use disorder meeting shall not exceed 40 during
any session held at the correctional institution or
facility;
(7) a volunteer seeking to provide substance use
disorder services under this subsection (m) must submit an
application to the Department of Corrections under
existing Department rules and the Department must review
the application within 60 days after submission of the
application to the Department; and
(8) each institution and facility of the Department
shall manage the substance use disorder services program
according to its own processes and procedures.
For the purposes of this subsection (m), "substance use
disorder services" means recovery services for persons with
substance use disorders provided by volunteers of recovery
support services recognized by the Department of Human
Services.
(Source: P.A. 100-759, eff. 1-1-19; 100-1051, eff. 1-1-19;
revised 10-3-18.)
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