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

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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

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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.
LRB103 04846 RLC 49856 b
A BILL FOR
HB1092 LRB103 04846 RLC 49856 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 Sections 3-6-2 and 3-10-2 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

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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 of Juvenile Justice shall provide
educational programs in each of its institutions and
facilities for all committed youth so that all youth 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 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. 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 of Corrections who, during the period of his or
her incarceration, participates in an educational program
provided by or through the Department of Corrections 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

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university located in Illinois shall reimburse the State,
through the Department of Corrections, 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 of Corrections 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 of Corrections until paid.
(d-1) The Department shall provide vocational training for
committed persons in each institution and facility of the
Department.
(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

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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

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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.
(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

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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

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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

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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

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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

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support services recognized by the Department of Human
Services.
(Source: P.A. 101-81, eff. 7-12-19; 101-86, eff. 1-1-20;
102-350, eff. 8-13-21.)
(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
Sec. 3-10-2. Examination of persons committed to the
Department of Juvenile Justice.
(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.
(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 information
concerning HIV and AIDS in writing, verbally, or by video or
other electronic means. The Department of Juvenile Justice
shall develop the informational materials in consultation with
the Department of Public Health. At the same time, the
Department of Juvenile Justice also must offer the person the
option of being tested, at no charge to the person, for
infection with human immunodeficiency virus (HIV). Pre-test
information shall be provided to the committed person and
informed consent obtained as required in subsection (q) of

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Section 3 and Section 5 of the AIDS Confidentiality Act. The
Department of Juvenile Justice 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 (a-5) shall consist of
a test approved by the Illinois Department of Public Health to
determine the presence of HIV infection, based upon

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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.
Also, upon the 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 person with medical care.
(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:
(1) Require participation by him in vocational,
physical, educational and corrective training and
activities to return him to the community.
(2) Place him in any institution or facility of the
Department of Juvenile Justice.
(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.
(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

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agencies or institutions for separate care or special
treatment of persons subject to the control of the
Department of Juvenile Justice.
(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
orders in individual cases should be modified or continued.
This examination shall be made with respect to every person at
least once annually.
(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.
(e) The Department of Juvenile Justice shall by regular
mail and telephone or electronic message notify the parent,
guardian, or nearest relative of any person committed to the
Department of Juvenile Justice of his or her physical location
and any change of his or her physical location.
(f) Each institution and facility of the Department of
Juvenile Justice shall provide educational and vocational
training for all persons committed to the Department.
(Source: P.A. 100-19, eff. 1-1-18; 100-700, eff. 8-3-18;
101-81, eff. 7-12-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.