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| Public Act 097-0244
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| HB0204 Enrolled | LRB097 05526 RLC 45587 b |
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AN ACT concerning HIV testing.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Children and Family Services Act is amended |
by changing Section 22.3 as follows:
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(20 ILCS 505/22.3) (from Ch. 23, par. 5022.3)
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Sec. 22.3.
To provide human immunodeficiency virus (HIV) |
testing for
any child in the custody of the Department being |
placed in adoptive care,
upon the request of the child's
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prospective adoptive parent. Such testing test shall consist of |
a test approved by the Illinois Department of Public Health to |
determine the presence of HIV infection, based upon the |
recommendations of the United States Centers for Disease |
Control and Prevention an enzyme-linked
immunosorbent assay |
(ELISA) test to determine the presence of antibodies to
HIV, or |
such other test as may be approved by the Illinois Department |
of
Public Health; in the event of a positive result, a the |
Western Blot Assay or
a more reliable supplemental confirmatory |
test based upon recommendations of the United States Centers |
for Disease Control and Prevention shall also be administered.
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The prospective adoptive parent requesting the test shall be
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confidentially notified of the test result, and if the test is |
positive,
the Department shall provide the prospective |
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adoptive parents and child with treatment and
counseling, as |
appropriate.
The Department shall report positive HIV test |
results to the Illinois
Department of Public Health.
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(Source: P.A. 86-904.)
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Section 10. The Communicable Disease Prevention Act is |
amended by changing Section 2a as follows:
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(410 ILCS 315/2a) (from Ch. 111 1/2, par. 22.12a)
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Sec. 2a.
Whenever a child of school age is reported to the |
Illinois
Department of Public Health or a local health |
department as having been
diagnosed as having acquired immune |
deficiency syndrome (AIDS) or
human immunodeficiency virus |
(HIV) based upon case definitions established by the United |
States Centers for Disease Control and Prevention AIDS-related |
complex (ARC) or as having been shown to have been exposed to
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human immunodeficiency virus (HIV) or any other identified |
causative agent
of AIDS by testing positive on a Western Blot |
Assay or more reliable test based upon recommendations of the |
United States Centers for Disease Control and Prevention,
such |
department shall give prompt and confidential notice of the |
identity
of the child to the principal of the school in which |
the child is enrolled.
If the child is enrolled in a public |
school, the
principal shall disclose the identity of the child |
to the
superintendent of the school district in which the child |
resides.
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The principal may, as necessary, disclose the identity of |
an infected child
to:
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(1) the school nurse at that school;
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(2) the classroom
teachers in whose classes
the child is |
enrolled; and
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(3) those persons who, pursuant to federal or state law, |
are required to
decide the placement or educational program of |
the child.
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In addition, the principal may inform such other
persons as |
may be necessary that an infected child is enrolled at that |
school,
so long as the child's identity is not revealed.
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(Source: P.A. 85-1399.)
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Section 15. The Criminal Code of 1961 is amended by |
changing Section 12-18 as follows:
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(720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
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Sec. 12-18. General Provisions.
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(a) No person accused of violating Sections 12-13, 12-14, |
12-15 or 12-16
of this Code shall be presumed to be incapable |
of committing an offense
prohibited by Sections 12-13, 12-14, |
12-14.1, 12-15 or 12-16 of this Code
because of age, physical |
condition or relationship to the victim, except as
otherwise |
provided in subsection (c) of this Section. Nothing in this |
Section
shall be construed to modify or abrogate the |
affirmative defense of infancy
under Section 6-1 of this Code |
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or the provisions of Section 5-805 of the
Juvenile Court Act of |
1987.
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(b) Any medical examination or procedure which is conducted |
by a physician,
nurse, medical or hospital personnel, parent, |
or caretaker for purposes
and in a manner consistent with |
reasonable medical standards is not an offense
under Sections |
12-13, 12-14, 12-14.1, 12-15 and 12-16 of this Code.
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(c) (Blank).
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(d) (Blank).
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(e) After a finding at a preliminary hearing that there is |
probable
cause to believe that an accused has committed a |
violation of Section
12-13, 12-14, or 12-14.1 of this Code, or |
after an indictment is returned
charging an accused with a |
violation of Section 12-13, 12-14, or 12-14.1 of
this Code,
or |
after a finding that a defendant charged with a violation of |
Section
12-13, 12-14, or 12-14.1 of this Code is unfit to stand |
trial pursuant to
Section 104-16 of the Code of
Criminal |
Procedure of 1963 where the finding is made prior to |
preliminary
hearing,
at the request of the person who was the |
victim of the violation of
Section 12-13, 12-14, or 12-14.1, |
the prosecuting State's attorney shall seek
an order from the |
court to compel the accused to be tested within 48 hours for |
any sexually
transmissible disease, including a test for |
infection with
human immunodeficiency virus (HIV). The medical |
tests shall be
performed only
by appropriately licensed medical |
practitioners. Such testing shall consist of a test approved by |
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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 The |
test for infection with
human immunodeficiency virus (HIV) |
shall consist of an
enzyme-linked immunosorbent assay (ELISA) |
test, or such other test as may
be approved by the Illinois |
Department of Public Health; in the event of a
positive result, |
a the Western Blot Assay or a more reliable supplemental |
confirmatory
test based upon recommendations of the United |
States Centers for Disease Control and Prevention shall be |
administered. The results of the tests and any follow-up tests |
shall be
kept
strictly confidential by all medical personnel |
involved in the testing and
must be personally delivered in a |
sealed envelope to the victim, to the defendant, to the State's |
Attorney, and to the
judge who entered the order, for the |
judge's inspection in camera. The judge shall provide to the |
victim a referral to the Illinois Department of Public Health |
HIV/AIDS toll-free hotline for counseling and information in |
connection with the test result. Acting
in accordance with the |
best interests of the victim and the public, the
judge shall |
have the discretion to determine to whom, if anyone, the result
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of the testing may be revealed; however, in no case shall the |
identity of
the victim be disclosed. The court shall order that |
the cost of the tests
shall be paid by the county, and shall be |
taxed as costs against the accused
if convicted.
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(f) Whenever any law enforcement officer has reasonable |
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cause to believe
that a person has been delivered a controlled |
substance without his or her
consent, the law enforcement |
officer shall advise the victim about seeking
medical treatment |
and preserving evidence.
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(g) Every hospital providing emergency hospital services |
to an alleged
sexual assault survivor, when there is reasonable
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cause to believe that a person has been delivered a controlled |
substance
without his or her consent, shall designate personnel |
to provide:
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(1) An explanation to the victim about the nature and |
effects of commonly
used controlled substances and how such |
controlled substances are administered.
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(2) An offer to the victim of testing for the presence |
of such controlled
substances.
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(3) A disclosure to the victim that all controlled |
substances or alcohol
ingested by the victim will be |
disclosed by the test.
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(4) A statement that the test is completely voluntary.
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(5) A form for written authorization for sample |
analysis of all controlled
substances and alcohol ingested |
by the victim.
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A physician licensed to practice medicine in all its |
branches may agree to
be a designated person under this |
subsection.
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No sample analysis may be performed unless the victim
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returns a signed written authorization within 30 days
after the |
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sample was
collected.
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Any medical treatment or care under this subsection shall |
be only in
accordance with the order of a physician licensed to |
practice medicine in all
of its branches. Any testing under |
this subsection shall be only in accordance
with the order of a |
licensed individual authorized to order the testing.
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(Source: P.A. 94-397, eff. 1-1-06; 95-926, eff. 8-26-08.)
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Section 20. The Unified Code of Corrections is amended by |
changing Sections 3-6-2, 3-8-2, and 3-10-2 as follows:
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(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) |
Sec. 3-6-2. Institutions and Facility Administration.
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(a) Each institution and facility of the Department shall |
be
administered by a chief administrative officer appointed by
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the Director. A chief administrative officer shall be
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responsible for all persons assigned to the institution or
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facility. The chief administrative officer shall administer
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the programs of the Department for the custody and treatment
of |
such persons.
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(b) The chief administrative officer shall have such |
assistants
as the Department may assign.
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(c) The Director or Assistant Director shall have the
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emergency powers to temporarily transfer individuals without
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formal procedures to any State, county, municipal or regional
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correctional or detention institution or facility in the State,
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subject to the acceptance of such receiving institution or
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facility, or to designate any reasonably secure place in the
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State as such an institution or facility and to make transfers
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thereto. However, transfers made under emergency powers shall
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be reviewed as soon as practicable under Article 8, and shall
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be subject to Section 5-905 of the Juvenile Court Act of
1987. |
This Section shall not apply to transfers to the Department of
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Human Services which are provided for under
Section 3-8-5 or |
Section 3-10-5.
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(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
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the twelfth grade in the public school system in this State.
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Other higher levels of attainment shall be encouraged and
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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
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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
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incurred by the State in providing that person during his or |
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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.
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(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.
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(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 |
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this State. If such physician or physicians advise:
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(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
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(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.
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(f) In the event that the person requires medical care and
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treatment at a place other than the institution or facility,
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the person may be removed therefrom under conditions prescribed
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by the Department.
The Department shall require the committed |
person receiving medical or dental
services on a non-emergency |
basis to pay a $2 co-payment to the Department for
each visit |
for medical or dental services. The amount of each co-payment |
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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 $2 co-payment for treatment of the
chronic illness. A |
committed person shall not be subject to a $2 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
$2 co-payment
and is entitled to |
receive medical or dental services on the same basis as a
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committed person who is financially able to afford the |
co-payment.
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
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forth in Section 3-2.5-15 of this Code, is exempt from the
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co-payment requirement for the duration of confinement in those |
facilities.
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(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
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of Corrections may determine that there are special reasons why
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the child should continue in the custody of the mother until |
the
child is 6 years old.
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(h) The Department may provide Family Responsibility |
Services which
may consist of, but not be limited to the |
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following:
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(1) family advocacy counseling;
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(2) parent self-help group;
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(3) parenting skills training;
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(4) parent and child overnight program;
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(5) parent and child reunification counseling, either |
separately or
together, preceding the inmate's release; |
and
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(6) a prerelease reunification staffing involving the |
family advocate,
the inmate and the child's counselor, or |
both and the inmate.
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(i) Prior to the release of any inmate who has a documented |
history
of intravenous drug use, and upon the receipt of that |
inmate's written
informed consent, the Department shall |
provide for the testing of such
inmate for infection with human |
immunodeficiency virus (HIV) and any other
identified |
causative agent of acquired immunodeficiency syndrome (AIDS). |
The
testing provided under this subsection 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 an enzyme-linked
immunosorbent assay |
(ELISA) test or such other test as may be approved by
the |
Illinois Department of Public Health. If the test result is |
positive,
a reliable supplemental the Western Blot Assay or |
more reliable confirmatory test based upon recommendations of |
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the United States Centers for Disease Control and Prevention |
shall be
administered. All inmates tested in accordance with |
the provisions of this
subsection shall be provided with |
pre-test information and post-test counseling.
Notwithstanding |
any provision of this subsection to the contrary, the
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Department shall not be required to conduct the testing and |
counseling
required by this subsection unless sufficient funds |
to cover all costs of
such testing and counseling are |
appropriated for that
purpose by the General Assembly.
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(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.
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(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
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Act.
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(l) Prior to the release of any inmate, the Department must |
provide the inmate with the option of testing for infection |
with human immunodeficiency virus (HIV), as well as counseling |
in connection with such testing, with no copayment for the |
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test. At the same time, the Department shall require each such |
inmate to sign a form stating that the inmate has been informed |
of his or her rights with respect to the testing required to be |
offered under this subsection (l) and providing the inmate with |
an opportunity to indicate either that he or she wants to be |
tested or that he or she does not want to be tested. The |
Department, in consultation with the Department of Public |
Health, shall prescribe the contents of the form. 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 an enzyme-linked
immunosorbent assay |
(ELISA) test or any other test approved by
the Department of |
Public Health. If the test result is positive,
a the Western |
Blot Assay or more reliable supplemental confirmatory 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.
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Implementation of this subsection (l) is subject to |
appropriation.
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(m) The chief administrative officer of each institution or |
facility of the Department shall make a room in the institution |
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or facility available for addiction recovery 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 addiction recovery service contacts the chief |
administrative officer to arrange the meeting; |
(2) the committed person may attend the meeting for |
addiction recovery 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 addiction recovery services; |
(5) if the addiction recovery service does not arrange |
for scheduling a meeting for that week, no addiction |
recovery 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 an |
addiction recovery meeting shall not exceed 40 during any |
session held at the correctional institution or facility; |
(7) a volunteer seeking to provide addiction recovery |
services under this subsection (m) must submit an |
application to the Department of Corrections under |
existing Department rules and the Department must review |
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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 addiction recovery services program |
according to its own processes and procedures. |
For the purposes of this subsection (m), "addiction |
recovery services" means recovery services for alcoholics and |
addicts provided by volunteers of recovery support services |
recognized by the Department of Human Services. |
(Source: P.A. 96-284, eff. 1-1-10.)
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(730 ILCS 5/3-8-2) (from Ch. 38, par. 1003-8-2)
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Sec. 3-8-2. Social Evaluation; physical examination; |
HIV/AIDS. |
(a) A social evaluation shall be made of a
committed |
person's medical, psychological, educational and vocational |
condition
and history, including the use of alcohol and other |
drugs, the
circumstances of his offense, and such other |
information as the Department
may determine. The committed |
person shall be assigned to an institution or
facility in so |
far as practicable in accordance with the social evaluation.
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Recommendations shall be made for medical, dental, |
psychiatric,
psychological and social service treatment.
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(b) A record of the social evaluation shall be entered in |
the committed
person's master record file and shall be |
forwarded to the institution or
facility to which the person is |
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assigned.
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(c) Upon admission to a correctional institution each |
committed person
shall be given a physical examination. If he |
is suspected of having a
communicable disease that in the |
judgment of the Department medical
personnel requires medical |
isolation, the committed person shall remain in
medical |
isolation until it is no longer deemed medically necessary. |
(d) Upon arrival at an inmate's final destination, the |
Department must provide the committed person with appropriate |
written information and counseling concerning HIV and AIDS. The |
Department shall develop the written materials in consultation |
with the Department of Public Health. At the same time, the |
Department also must offer the
committed person the option of |
being tested, with no copayment, for infection with human |
immunodeficiency virus (HIV). The Department shall require |
each committed person to sign a form stating that the committed |
person has been informed of his or her rights with respect to |
the testing required to be offered under this subsection (d) |
and providing the committed person with an opportunity to |
indicate either that he or she wants to be tested or that he or |
she does not want to be tested. The Department, in consultation |
with the Department of Public Health, shall prescribe the |
contents of the form. The
testing provided under this |
subsection (d) 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 an enzyme-linked
|
immunosorbent assay (ELISA) test or any other test approved by
|
the Department of Public Health. If the test result is |
positive,
a the Western Blot Assay or more reliable |
supplemental confirmatory test based upon recommendations of |
the United States Centers for Disease Control and Prevention |
shall be
administered. Implementation of this subsection (d) is |
subject to appropriation.
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(Source: P.A. 94-629, eff. 1-1-06.)
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(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
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Sec. 3-10-2. Examination of Persons Committed to the |
Department of Juvenile Justice.
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(a) A person committed to the Department of Juvenile |
Justice shall be examined in
regard to his medical, |
psychological, social, educational and vocational
condition |
and history, including the use of alcohol and other drugs,
the |
circumstances of his offense and any other
information as the |
Department of Juvenile Justice may determine.
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(a-5) Upon admission of a person committed to the |
Department of Juvenile Justice, the Department of Juvenile |
Justice must provide the person with appropriate written |
information and counseling concerning HIV and AIDS. The |
Department of Juvenile Justice shall develop the written |
materials in consultation with the Department of Public Health. |
At the same time, the Department of Juvenile Justice also must |
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offer the person the option of being tested, at no charge to |
the person, for infection with human immunodeficiency virus |
(HIV) or any other identified causative agent of acquired |
immunodeficiency syndrome (AIDS). The Department of Juvenile |
Justice shall require each person committed to the Department |
of Juvenile Justice to sign a form stating that the person has |
been informed of his or her rights with respect to the testing |
required to be offered under this subsection (a-5) and |
providing the person with an opportunity to indicate either |
that he or she wants to be tested or that he or she does not |
want to be tested. The Department of Juvenile Justice, in |
consultation with the Department of Public Health, shall |
prescribe the contents of the form. The testing provided under |
this subsection (a-5) 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 an |
enzyme-linked immunosorbent assay (ELISA) test or any other |
test approved by the Department of Public Health. If the test |
result is positive, a the Western Blot Assay or more reliable |
supplemental confirmatory test based upon recommendations of |
the United States Centers for Disease Control and Prevention |
shall be administered. |
Also upon admission of a person committed to the Department |
of Juvenile Justice, the Department of Juvenile Justice must |
inform the person of the Department's obligation to provide the |
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person with medical care.
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Implementation of this subsection (a-5) is subject to |
appropriation.
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(b) Based on its examination, the Department of Juvenile |
Justice may exercise the following
powers in developing a |
treatment program of any person committed to the Department of |
Juvenile Justice:
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(1) Require participation by him in vocational, |
physical, educational
and corrective training and |
activities to return him to the community.
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(2) Place him in any institution or facility of the |
Department of Juvenile Justice.
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(3) Order replacement or referral to the Parole and |
Pardon Board as
often as it deems desirable. The Department |
of Juvenile Justice shall refer the person to the
Parole |
and Pardon Board as required under Section 3-3-4.
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(4) Enter into agreements with the Secretary of Human |
Services and
the Director of Children and Family
Services, |
with courts having probation officers, and with private |
agencies
or institutions for separate care or special |
treatment of persons subject
to the control of the |
Department of Juvenile Justice.
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(c) The Department of Juvenile Justice shall make periodic |
reexamination of all persons
under the control of the |
Department of Juvenile Justice to determine whether existing
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orders in individual cases should be modified or continued. |
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This
examination shall be made with respect to every person at |
least once
annually.
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(d) A record of the treatment decision including any |
modification
thereof and the reason therefor, shall be part of |
the committed person's
master record file.
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(e) The Department of Juvenile Justice shall by certified |
mail, return receipt requested,
notify the parent, guardian or |
nearest relative of any person committed to
the Department of |
Juvenile Justice of his physical location and any change |
thereof.
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(Source: P.A. 94-629, eff. 1-1-06; 94-696, eff. 6-1-06.)
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Section 25. The County Jail Act is amended by changing |
Section 17.10 as follows:
|
(730 ILCS 125/17.10) |
Sec. 17.10. Requirements in connection with HIV/AIDS. |
(a) In each county other than Cook, during the medical |
admissions exam, the warden of the jail, a correctional officer |
at the jail, or a member of the jail medical staff must provide |
the prisoner with appropriate written information concerning |
human immunodeficiency virus (HIV) and acquired |
immunodeficiency syndrome (AIDS). The Department of Public |
Health and community-based organizations certified to provide |
HIV/AIDS testing must provide these informational materials to |
the warden at no cost to the county. The warden, a correctional |
|
officer, or a member of the jail medical staff must inform the |
prisoner of the option of being tested for infection with HIV |
by a certified local community-based agency or other available |
medical provider at no charge to the prisoner. |
(b) In Cook County, during the medical admissions exam, an |
employee of the Cook County Bureau of Health Services must |
provide the prisoner with appropriate written information |
concerning human immunodeficiency virus (HIV) and acquired |
immunodeficiency syndrome (AIDS) and must also provide the |
prisoner with option of testing for infection with HIV or any |
other identified causative agent of AIDS, as well as counseling |
in connection with such testing. The Department of Public |
Health and community-based organizations certified to provide |
HIV/AIDS testing must provide these informational materials to |
the Bureau at no cost to the county. The
testing provided under |
this subsection (b) shall be conducted by the Cook County |
Bureau of Health Services and 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 an |
enzyme-linked
immunosorbent assay (ELISA) test or any other |
test approved by
the Department of Public Health. If the test |
result is positive,
a the Western Blot Assay or more reliable |
supplemental confirmatory test based upon recommendations of |
the United States Centers for Disease Control and Prevention |
shall be
administered. |
|
(c) In each county, the warden of the jail must make |
appropriate written information concerning HIV/AIDS available |
to every visitor to the jail. This information must include |
information concerning persons or entities to contact for local |
counseling and testing. The Department of Public Health and |
community-based organizations certified to provide HIV/AIDS |
testing must provide these informational materials to the |
warden at no cost to the office of the county sheriff. |
(d) Implementation of this Section is subject to |
appropriation.
|
(Source: P.A. 94-629, eff. 1-1-06.)
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