Bill Text: IL HB5104 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Unified Code of Corrections. Deletes provision that the Department of Corrections 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. Provides that if a Department facility maintains a commissary or commissaries serving inmates, the selling prices for all goods shall be sufficient to cover the costs of the goods and an additional charge of up to 10% (rather than 35% for tobacco products and up to 25% for non-tobacco products). Deletes provisions that the Department shall notify the Attorney General of the existence of any proceeds which it believes should be applied towards a satisfaction, in whole or in part, of the person's incarceration costs. Deletes provision that of the compensation earned for work assignments, a portion, as determined by the Department, shall be used to offset the cost of the committed person's incarceration.
Spectrum: Partisan Bill (Democrat 20-1)
Status: (Vetoed) 2018-11-29 - Bill Dead - No Positive Action Taken - Amendatory Veto [HB5104 Detail]
Download: Illinois-2017-HB5104-Engrossed.html
Bill Title: Amends the Unified Code of Corrections. Deletes provision that the Department of Corrections 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. Provides that if a Department facility maintains a commissary or commissaries serving inmates, the selling prices for all goods shall be sufficient to cover the costs of the goods and an additional charge of up to 10% (rather than 35% for tobacco products and up to 25% for non-tobacco products). Deletes provisions that the Department shall notify the Attorney General of the existence of any proceeds which it believes should be applied towards a satisfaction, in whole or in part, of the person's incarceration costs. Deletes provision that of the compensation earned for work assignments, a portion, as determined by the Department, shall be used to offset the cost of the committed person's incarceration.
Spectrum: Partisan Bill (Democrat 20-1)
Status: (Vetoed) 2018-11-29 - Bill Dead - No Positive Action Taken - Amendatory Veto [HB5104 Detail]
Download: Illinois-2017-HB5104-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 3-6-2 as follows:
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6 | (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | ||||||
7 | Sec. 3-6-2. Institutions and Facility Administration.
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8 | (a) Each institution and facility of the Department shall | ||||||
9 | be
administered by a chief administrative officer appointed by
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10 | the Director. A chief administrative officer shall be
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11 | responsible for all persons assigned to the institution or
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12 | facility. The chief administrative officer shall administer
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13 | the programs of the Department for the custody and treatment
of | ||||||
14 | such persons.
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15 | (b) The chief administrative officer shall have such | ||||||
16 | assistants
as the Department may assign.
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17 | (c) The Director or Assistant Director shall have the
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18 | emergency powers to temporarily transfer individuals without
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19 | formal procedures to any State, county, municipal or regional
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20 | correctional or detention institution or facility in the State,
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21 | subject to the acceptance of such receiving institution or
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22 | facility, or to designate any reasonably secure place in the
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23 | State as such an institution or facility and to make transfers
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1 | thereto. However, transfers made under emergency powers shall
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2 | be reviewed as soon as practicable under Article 8, and shall
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3 | be subject to Section 5-905 of the Juvenile Court Act of
1987. | ||||||
4 | This Section shall not apply to transfers to the Department of
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5 | Human Services which are provided for under
Section 3-8-5 or | ||||||
6 | Section 3-10-5.
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7 | (d) The Department shall provide educational programs for | ||||||
8 | all
committed persons so that all persons have an opportunity | ||||||
9 | to
attain the achievement level equivalent to the completion of
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10 | the twelfth grade in the public school system in this State.
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11 | Other higher levels of attainment shall be encouraged and
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12 | professional instruction shall be maintained wherever | ||||||
13 | possible.
The Department may establish programs of mandatory | ||||||
14 | education and may
establish rules and regulations for the | ||||||
15 | administration of such programs.
A person committed to the | ||||||
16 | Department who, during the period of his or her
incarceration, | ||||||
17 | participates in an educational program provided by or through
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18 | the Department and through that program is awarded or earns the | ||||||
19 | number of
hours of credit required for the award of an | ||||||
20 | associate, baccalaureate, or
higher degree from a community | ||||||
21 | college, college, or university located in
Illinois shall | ||||||
22 | reimburse the State, through the Department, for the costs
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23 | incurred by the State in providing that person during his or | ||||||
24 | her incarceration
with the education that qualifies him or her | ||||||
25 | for the award of that degree. The
costs for which reimbursement | ||||||
26 | is required under this subsection shall be
determined and |
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1 | computed by the Department under rules and regulations that
it | ||||||
2 | shall establish for that purpose. However, interest at the rate | ||||||
3 | of 6%
per annum shall be charged on the balance of those costs | ||||||
4 | from time to time
remaining unpaid, from the date of the | ||||||
5 | person's parole, mandatory supervised
release, or release | ||||||
6 | constituting a final termination of his or her commitment
to | ||||||
7 | the Department until paid.
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8 | (d-5) A person committed to the Department is entitled to | ||||||
9 | confidential testing for infection with human immunodeficiency | ||||||
10 | virus (HIV) and to counseling in connection with such testing, | ||||||
11 | with no copay to the committed person. A person committed to | ||||||
12 | the Department who has tested positive for infection with HIV | ||||||
13 | is entitled to medical care while incarcerated, counseling, and | ||||||
14 | referrals to support services, in connection with that positive | ||||||
15 | test result. Implementation of this subsection (d-5) is subject | ||||||
16 | to appropriation.
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17 | (e) A person committed to the Department who becomes in | ||||||
18 | need
of medical or surgical treatment but is incapable of | ||||||
19 | giving
consent thereto shall receive such medical or surgical | ||||||
20 | treatment
by the chief administrative officer consenting on the | ||||||
21 | person's behalf.
Before the chief administrative officer | ||||||
22 | consents, he or she shall
obtain the advice of one or more | ||||||
23 | physicians licensed to practice medicine
in all its branches in | ||||||
24 | this State. If such physician or physicians advise:
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25 | (1) that immediate medical or surgical treatment is | ||||||
26 | required
relative to a condition threatening to cause |
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1 | death, damage or
impairment to bodily functions, or | ||||||
2 | disfigurement; and
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3 | (2) that the person is not capable of giving consent to | ||||||
4 | such treatment;
the chief administrative officer may give | ||||||
5 | consent for such
medical or surgical treatment, and such | ||||||
6 | consent shall be
deemed to be the consent of the person for | ||||||
7 | all purposes,
including, but not limited to, the authority | ||||||
8 | of a physician
to give such treatment. | ||||||
9 | (e-5) If a physician providing medical care to a committed | ||||||
10 | person on behalf of the Department advises the chief | ||||||
11 | administrative officer that the committed person's mental or | ||||||
12 | physical health has deteriorated as a result of the cessation | ||||||
13 | of ingestion of food or liquid to the point where medical or | ||||||
14 | surgical treatment is required to prevent death, damage, or | ||||||
15 | impairment to bodily functions, the chief administrative | ||||||
16 | officer may authorize such medical or surgical treatment.
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17 | (f) In the event that the person requires medical care and
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18 | treatment at a place other than the institution or facility,
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19 | the person may be removed therefrom under conditions prescribed
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20 | by the Department.
The Department shall require the committed | ||||||
21 | person receiving medical or dental
services on a non-emergency | ||||||
22 | basis to pay a $5 co-payment to the Department for
each visit | ||||||
23 | for medical or dental services. The amount of each co-payment | ||||||
24 | shall be deducted from the
committed person's individual | ||||||
25 | account.
A committed person who has a chronic illness, as | ||||||
26 | defined by Department rules
and regulations, shall be exempt |
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1 | from the $5 co-payment for treatment of the
chronic illness. A | ||||||
2 | committed person shall not be subject to a $5 co-payment
for | ||||||
3 | follow-up visits ordered by a physician, who is employed by, or | ||||||
4 | contracts
with, the Department. A committed person who is | ||||||
5 | indigent is exempt from the
$5 co-payment
and is entitled to | ||||||
6 | receive medical or dental services on the same basis as a
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7 | committed person who is financially able to afford the | ||||||
8 | co-payment.
For purposes of this Section only, "indigent" means | ||||||
9 | a committed person who has $20 or less in his or her Inmate | ||||||
10 | Trust Fund at the time of such services and for the 30 days | ||||||
11 | prior to such services. Notwithstanding any other provision in | ||||||
12 | this subsection (f) to the contrary,
any person committed to | ||||||
13 | any facility operated by the Department of Juvenile Justice, as | ||||||
14 | set
forth in Section 3-2.5-15 of this Code, is exempt from the
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15 | co-payment requirement for the duration of confinement in those | ||||||
16 | facilities.
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17 | (g) Any person having sole custody of a child at
the time | ||||||
18 | of commitment or any woman giving birth to a child after
her | ||||||
19 | commitment, may arrange through the Department of Children
and | ||||||
20 | Family Services for suitable placement of the child outside
of | ||||||
21 | the Department of Corrections. The Director of the Department
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22 | of Corrections may determine that there are special reasons why
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23 | the child should continue in the custody of the mother until | ||||||
24 | the
child is 6 years old.
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25 | (h) The Department may provide Family Responsibility | ||||||
26 | Services which
may consist of, but not be limited to the |
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1 | following:
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2 | (1) family advocacy counseling;
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3 | (2) parent self-help group;
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4 | (3) parenting skills training;
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5 | (4) parent and child overnight program;
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6 | (5) parent and child reunification counseling, either | ||||||
7 | separately or
together, preceding the inmate's release; | ||||||
8 | and
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9 | (6) a prerelease reunification staffing involving the | ||||||
10 | family advocate,
the inmate and the child's counselor, or | ||||||
11 | both and the inmate.
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12 | (i) (Blank).
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13 | (j) Any person convicted of a sex offense as defined in the | ||||||
14 | Sex Offender
Management Board Act shall be required to receive | ||||||
15 | a sex offender evaluation
prior to release into the community | ||||||
16 | from the Department of Corrections. The
sex offender evaluation | ||||||
17 | shall be conducted in conformance with the standards
and | ||||||
18 | guidelines developed under
the Sex Offender Management Board | ||||||
19 | Act and by an evaluator approved by the
Board.
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20 | (k) Any minor committed to the Department of Juvenile | ||||||
21 | Justice
for a sex offense as defined by the Sex Offender | ||||||
22 | Management Board Act shall be
required to undergo sex offender | ||||||
23 | treatment by a treatment provider approved by
the Board and | ||||||
24 | conducted in conformance with the Sex Offender Management Board
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25 | Act.
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26 | (l) Prior to the release of any inmate committed to a |
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1 | facility of the Department or the Department of Juvenile | ||||||
2 | Justice, the Department must provide the inmate with | ||||||
3 | appropriate information verbally, in writing, by video, or | ||||||
4 | other electronic means, concerning HIV and AIDS. The Department | ||||||
5 | shall develop the informational materials in consultation with | ||||||
6 | the Department of Public Health. At the same time, the | ||||||
7 | Department must also offer the committed person the option of | ||||||
8 | testing for infection with human immunodeficiency virus (HIV), | ||||||
9 | with no copayment for the test. Pre-test information shall be | ||||||
10 | provided to the committed person and informed consent obtained | ||||||
11 | as required in subsection (d) of Section 3 and Section 5 of the | ||||||
12 | AIDS Confidentiality Act. The Department may conduct opt-out | ||||||
13 | HIV testing as defined in Section 4 of the AIDS Confidentiality | ||||||
14 | Act. If the Department conducts opt-out HIV testing, the | ||||||
15 | Department shall place signs in English, Spanish and other | ||||||
16 | languages as needed in multiple, highly visible locations in | ||||||
17 | the area where HIV testing is conducted informing inmates that | ||||||
18 | they will be tested for HIV unless they refuse, and refusal or | ||||||
19 | acceptance of testing shall be documented in the inmate's | ||||||
20 | medical record. The Department shall follow procedures | ||||||
21 | established by the Department of Public Health to conduct HIV | ||||||
22 | testing and testing to confirm positive HIV test results. All | ||||||
23 | testing must be conducted by medical personnel, but pre-test | ||||||
24 | and other information may be provided by committed persons who | ||||||
25 | have received appropriate training. The Department, in | ||||||
26 | conjunction with the Department of Public Health, shall develop |
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1 | a plan that complies with the AIDS Confidentiality Act to | ||||||
2 | deliver confidentially all positive or negative HIV test | ||||||
3 | results to inmates or former inmates. Nothing in this Section | ||||||
4 | shall require the Department to offer HIV testing to an inmate | ||||||
5 | who is known to be infected with HIV, or who has been tested | ||||||
6 | for HIV within the previous 180 days and whose documented HIV | ||||||
7 | test result is available to the Department electronically. The
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8 | testing provided under this subsection (l) shall consist of a | ||||||
9 | test approved by the Illinois Department of Public Health to | ||||||
10 | determine the presence of HIV infection, based upon | ||||||
11 | recommendations of the United States Centers for Disease | ||||||
12 | Control and Prevention. If the test result is positive, a | ||||||
13 | reliable supplemental test based upon recommendations of the | ||||||
14 | United States Centers for Disease Control and Prevention shall | ||||||
15 | be
administered.
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16 | Prior to the release of an inmate who the Department knows | ||||||
17 | has tested positive for infection with HIV, the Department in a | ||||||
18 | timely manner shall offer the inmate transitional case | ||||||
19 | management, including referrals to other support services.
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20 | (m) The chief administrative officer of each institution or | ||||||
21 | facility of the Department shall make a room in the institution | ||||||
22 | or facility available for addiction recovery services to be | ||||||
23 | provided to committed persons on a voluntary basis. The | ||||||
24 | services shall be provided for one hour once a week at a time | ||||||
25 | specified by the chief administrative officer of the | ||||||
26 | institution or facility if the following conditions are met: |
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1 | (1) the addiction recovery service contacts the chief | ||||||
2 | administrative officer to arrange the meeting; | ||||||
3 | (2) the committed person may attend the meeting for | ||||||
4 | addiction recovery services only if the committed person | ||||||
5 | uses pre-existing free time already available to the | ||||||
6 | committed person; | ||||||
7 | (3) all disciplinary and other rules of the institution | ||||||
8 | or facility remain in effect; | ||||||
9 | (4) the committed person is not given any additional | ||||||
10 | privileges to attend addiction recovery services; | ||||||
11 | (5) if the addiction recovery service does not arrange | ||||||
12 | for scheduling a meeting for that week, no addiction | ||||||
13 | recovery services shall be provided to the committed person | ||||||
14 | in the institution or facility for that week; | ||||||
15 | (6) the number of committed persons who may attend an | ||||||
16 | addiction recovery meeting shall not exceed 40 during any | ||||||
17 | session held at the correctional institution or facility; | ||||||
18 | (7) a volunteer seeking to provide addiction recovery | ||||||
19 | services under this subsection (m) must submit an | ||||||
20 | application to the Department of Corrections under | ||||||
21 | existing Department rules and the Department must review | ||||||
22 | the application within 60 days after submission of the | ||||||
23 | application to the Department; and | ||||||
24 | (8) each institution and facility of the Department | ||||||
25 | shall manage the addiction recovery services program | ||||||
26 | according to its own processes and procedures. |
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1 | For the purposes of this subsection (m), "addiction | ||||||
2 | recovery services" means recovery services for alcoholics and | ||||||
3 | addicts provided by volunteers of recovery support services | ||||||
4 | recognized by the Department of Human Services. | ||||||
5 | (Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323, | ||||||
6 | eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12; | ||||||
7 | 97-813, eff. 7-13-12.)
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