Bill Text: IL HB3432 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that a person committed to the Department of Corrections shall be tested (rather than entitled to testing) for infection with human immunodeficiency virus (HIV), unless the person opts out of testing under rules prescribed by the Department. Provides that the results of the testing shall be confidential. Provides that the provisions are subject to appropriation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3432 Detail]

Download: Illinois-2011-HB3432-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3432 Introduced 2/24/2011, by Rep. Camille Y Lilly SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-6-2 from Ch. 38, par. 1003-6-2
Amends the Unified Code of Corrections. Provides that a person committed to the Department of Corrections shall be tested (rather than entitled to testing) for infection with human immunodeficiency virus (HIV), unless the person opts out of testing under rules prescribed by the Department. Provides that the results of the testing shall be confidential. Provides that the provisions are subject to appropriation.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning corrections.
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

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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

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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 shall be tested
is entitled to confidential testing for infection with human
immunodeficiency virus (HIV), unless the person opts out of
testing under rules prescribed by the Department. The results
of the testing shall be confidential. Implementation of this
subsection (d-5) is subject to appropriation.
(d-6) A person committed to the Department is entitled and
to counseling in connection with such testing prescribed in
subsection (d-5), 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-6) (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

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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. The Department shall require the committed
person receiving medical or dental services on a non-emergency

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basis to pay a $2 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 $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
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
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.
(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.

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(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) 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 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, the Western Blot Assay
or more reliable confirmatory test shall be administered. All
inmates tested in accordance with the provisions of this
subsection shall be provided with pre-test and post-test

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counseling. Notwithstanding any provision of this subsection
to the contrary, the 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.
(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, 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
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

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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 an
enzyme-linked immunosorbent assay (ELISA) test or any other
test approved by the Department of Public Health. If the test
result is positive, the Western Blot Assay or more reliable
confirmatory test 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.
Implementation of this subsection (l) is subject to
appropriation.
(m) The chief administrative officer of each institution or
facility of the Department shall make a room in the institution
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

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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
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

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recognized by the Department of Human Services.
(Source: P.A. 96-284, eff. 1-1-10.)