Bill Text: IL HB4133 | 2017-2018 | 100th General Assembly | Introduced

---

Bill Title: Amends the Unified Code of Corrections. Provides that a committed person to the Department of Corrections or the Department of Juvenile Justice shall be assigned to an institution or facility in so far as practicable in accordance with the committed person's social evaluation and nearest to his or her last known residence address. Provides that if a committed person is assigned to an institution or facility that is appropriate based upon his or her social evaluation but is not nearest to his or her last known residence address because the institution or facility does not have the capacity to house the committed person, the committed person shall be transferred to the institution or facility nearest to his or her last known residence address when the capacity to house him or her is available.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4133 Detail]

Download: Illinois-2017-HB4133-Introduced.html

---

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4133 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-8-2 from Ch. 38, par. 1003-8-2
730 ILCS 5/3-8-4 from Ch. 38, par. 1003-8-4
730 ILCS 5/3-10-2 from Ch. 38, par. 1003-10-2
730 ILCS 5/3-10-4 from Ch. 38, par. 1003-10-4
Amends the Unified Code of Corrections. Provides that a committed person to the Department of Corrections or the Department of Juvenile Justice shall be assigned to an institution or facility in so far as practicable in accordance with the committed person's social evaluation and nearest to his or her last known residence address. Provides that if a committed person is assigned to an institution or facility that is appropriate based upon his or her social evaluation but is not nearest to his or her last known residence address because the institution or facility does not have the capacity to house the committed person, the committed person shall be transferred to the institution or facility nearest to his or her last known residence address when the capacity to house him or her is available.
LRB100 15258 RLC 30164 b
A BILL FOR
HB4133 LRB100 15258 RLC 30164 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 3-8-2, 3-8-4, 3-10-2, and 3-10-4 as follows:
(730 ILCS 5/3-8-2) (from Ch. 38, par. 1003-8-2)
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 and
nearest to his or her last known residence address.
Recommendations shall be made for medical, dental,
psychiatric, psychological and social service treatment.
(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
assigned.
(c) Upon admission to a correctional institution each

HB4133 - 2 - LRB100 15258 RLC 30164 b
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 a reception and classification center
or an inmate's final destination, the Department must provide
the committed person with appropriate information in writing,
verbally, by video or other electronic means concerning HIV and
AIDS. The Department shall develop the informational materials
in consultation with the Department of Public Health. At the
same time, the Department also must offer the committed person
the option of being tested, with no copayment, 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 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

HB4133 - 3 - LRB100 15258 RLC 30164 b
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 (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. 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.
(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11;
97-813, eff. 7-13-12; 98-1046, eff. 1-1-15.)
(730 ILCS 5/3-8-4) (from Ch. 38, par. 1003-8-4)
Sec. 3-8-4. Intradivisional Transfers.
(a) After the initial assignments under Sections 3-8-2 and

HB4133 - 4 - LRB100 15258 RLC 30164 b
3-8-3, all transfers of committed persons to another
institution or facility shall be reviewed and approved by a
person or persons designated by the Director. If a committed
person is assigned to an institution or facility that is
appropriate based upon his or her social evaluation but is not
nearest to his or her last known residence address because the
institution or facility does not have the capacity to house the
committed person, the committed person shall be transferred to
the institution or facility nearest to his or her last known
residence address when the capacity to house him or her is
available. A record of each transfer and the reasons therefor
shall be included in the person's master record file.
(b) Transfers to facilities for psychiatric treatment and
care within the Department shall be made only after prior
psychiatric examination and certification to the Director that
such transfer is required. Persons in facilities for
psychiatric treatment and care within the Department shall be
reexamined at least every 6 months. Persons found to no longer
require psychiatric treatment and care shall be transferred to
other facilities of the Department.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
(Text of Section before amendment by P.A. 100-19)
Sec. 3-10-2. Examination of persons committed to the
Department of Juvenile Justice.

HB4133 - 5 - LRB100 15258 RLC 30164 b
(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
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

HB4133 - 6 - LRB100 15258 RLC 30164 b
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
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 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

HB4133 - 7 - LRB100 15258 RLC 30164 b
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
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.

HB4133 - 8 - LRB100 15258 RLC 30164 b
(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 certified
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 thereof.
(Source: P.A. 98-689, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78,
eff. 7-20-15.)
(Text of Section after amendment by P.A. 100-19)
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

HB4133 - 9 - LRB100 15258 RLC 30164 b
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
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

HB4133 - 10 - LRB100 15258 RLC 30164 b
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
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 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 nearest to his or her last
known residence address in so far as practicable.
(3) Order replacement or referral to the Parole and

HB4133 - 11 - LRB100 15258 RLC 30164 b
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
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.
(Source: P.A. 99-78, eff. 7-20-15; 100-19, eff. 1-1-18.)
(730 ILCS 5/3-10-4) (from Ch. 38, par. 1003-10-4)

HB4133 - 12 - LRB100 15258 RLC 30164 b
Sec. 3-10-4. Intradivisional Transfers.
(a) The transfer of committed persons between institutions
or facilities of the Department of Juvenile Justice shall be
under this Section, except that emergency transfers shall be
under Section 3-6-2.
(b) The chief administrative officer of an institution or
facility desiring to transfer a committed person to another
institution or facility shall notify the Director of Juvenile
Justice or his delegate of the basis for the transfer. The
Director or his delegate shall approve or deny such request.
If a committed person is assigned to an institution or
facility of the Department of Juvenile Justice that is
appropriate based upon his or her evaluation under Section
3-10-2 but is not nearest to his or her last known residence
address because the institution or facility does not have the
capacity to house the committed person, the committed person
shall be transferred to the institution or facility of the
Department of Juvenile Justice nearest to his or her last known
residence address when the capacity to house him or her is
available.
(c) If a transfer request is made by a committed person or
his parent, guardian or nearest relative, the chief
administrative officer of the institution or facility from
which the transfer is requested shall notify the Director of
Juvenile Justice or his delegate of the request, the reasons
therefor and his recommendation. The Director of Juvenile

HB4133 - 13 - LRB100 15258 RLC 30164 b
Justice or his delegate shall either grant the request or if he
denies the request he shall advise the person or his parent,
guardian or nearest relative of the basis for the denial.
(Source: P.A. 94-696, eff. 6-1-06.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.