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Public Act 103-0745
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HB5431 Enrolled | LRB103 39388 AWJ 69563 b |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Counties Code is amended by changing |
Sections 3-15003, 3-15003.6, 3-15003.7, 3-15003.8, 3-15003.9, |
and 3-15003.10 and by adding Sections 3-15003.11 and |
3-15003.12 as follows:
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(55 ILCS 5/3-15003) (from Ch. 34, par. 3-15003) |
Sec. 3-15003. Powers and duties. Under the direction of |
the Sheriff the Department shall have the powers and duties |
enumerated as follows: |
(a) To operate and have jurisdiction over the county jail, |
municipal houses of correction within the county and any other |
penal, corrections or committed person prisoner diagnostic |
center facility operated by either the county jail or |
municipal houses of correction. |
(b) To have charge of all committed persons prisoners held |
in any institution, center or other facility in the county |
over which it has jurisdiction under subsection (a) of this |
Section, whether they are misdemeanants, felons, persons held |
for trial, persons held in protective custody, persons held |
for transfer to other detention facilities or persons held for |
non-payment of fines, for violations of ordinances or any |
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other quasi-criminal charges. Nothing in this Division applies |
to minors subject to proceedings under the Juvenile Court Act |
of 1987. It may transfer or recommit any committed person |
prisoner from one institution, center or other such facility |
to any other institution, center or other facility whenever it |
determines that such transfer or recommitment would promote |
the welfare or rehabilitation of the committed person |
prisoner , or that such transfer or recommitment is necessary |
to relieve overcrowding. |
(c) To establish diagnostic, classification and |
rehabilitation services and programs at the county jail and |
such other facilities over which it has jurisdiction under |
subsection (a) of this Section as may be appropriate. |
(d) To establish, whenever feasible, separate detention |
and commitment facilities and utilize the facilities over |
which it has jurisdiction under subsection (a) of this Section |
in a manner which provides separate detention and commitment |
facilities. |
(Source: P.A. 86-962.)
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(55 ILCS 5/3-15003.6) |
Sec. 3-15003.6. Pregnant committed persons female |
prisoners . |
(a) Definitions. For the purpose of this Section and the |
Sections preceding Section 3-15004 Sections 3-15003.7, |
3-15003.8, 3-15003.9, and 3-15003.10 : |
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(1) "Restraints" means any physical restraint or |
mechanical device used to control the movement of a |
prisoner's body or limbs, or both, including, but not |
limited to, flex cuffs, soft restraints, hard metal |
handcuffs, a black box, Chubb cuffs, leg irons, belly |
chains, a security (tether) chain, or a convex shield, or |
shackles of any kind. |
(2) "Labor" means the period of time before a birth |
and shall include any medical condition in which an |
individual a woman is sent or brought to the hospital for |
the purpose of delivering a her baby. These situations |
include: induction of labor, prodromal labor, pre-term |
labor, prelabor rupture of membranes, the 3 stages of |
active labor, uterine hemorrhage during the third |
trimester of pregnancy, and caesarian delivery including |
pre-operative preparation. |
(3) "Postpartum" means the 6-week period following |
birth unless determined to be a longer period by a |
physician, advanced practice registered nurse, physician |
assistant, or other qualified medical professional. |
"Post-partum" means, as determined by her physician, |
advanced practice registered nurse, or physician |
assistant, the period immediately following delivery, |
including the entire period a woman is in the hospital or |
infirmary after birth. |
(4) "Correctional institution" means any entity under |
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the authority of a county law enforcement division of a |
county of more than 3,000,000 inhabitants that has the |
power to detain or restrain, or both, a person under the |
laws of the State. |
(5) "Corrections official" means the official that is |
responsible for oversight of a correctional institution, |
or his or her designee. |
(6) "Committed person" "Prisoner" means any person |
incarcerated or detained in any facility who is accused |
of, convicted of, sentenced for, or adjudicated delinquent |
for, violations of criminal law or the terms and |
conditions of parole, probation, pretrial release, or |
diversionary program, and any person detained under the |
immigration laws of the United States at any correctional |
facility. |
(7) "Extraordinary circumstance" means an |
extraordinary medical or security circumstance, including |
a substantial flight risk, that dictates restraints be |
used to ensure the safety and security of the committed |
person prisoner , the staff of the correctional institution |
or medical facility, other committed persons prisoners , or |
the public. |
(8) "Participant' means an individual placed into an |
electronic monitoring program, as defined by Section |
5-8A-2 of the Unified Code of Corrections. |
(b) A county department of corrections shall not apply |
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security restraints to a committed person prisoner that has |
been determined by a qualified medical professional to be |
pregnant or otherwise and is known by the county department of |
corrections to be pregnant or in postpartum recovery , which is |
the entire period a woman is in the medical facility after |
birth, unless the corrections official makes an individualized |
determination that the committed person prisoner presents a |
substantial flight risk or some other extraordinary |
circumstance that dictates security restraints be used to |
ensure the safety and security of the committed person |
prisoner , committed person's her child or unborn child, the |
staff of the county department of corrections or medical |
facility, other committed persons prisoners , or the public. |
The protections set out in clauses (b)(3) and (b)(4) of this |
Section shall apply to security restraints used pursuant to |
this subsection. The corrections official shall immediately |
remove all restraints upon the written or oral request of |
medical personnel. The corrections official shall immediately |
remove all approved electronic monitoring devices, as that |
term is defined in Section 5-8A-2 of the Unified Code of |
Corrections, of a pregnant participant during labor and |
delivery or earlier upon the written or oral request of |
medical personnel. Oral requests made by medical personnel |
shall be verified in writing as promptly as reasonably |
possible. |
(1) Qualified authorized health staff shall have the |
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authority to order therapeutic restraints for a pregnant |
or postpartum committed person prisoner who is a danger to |
the committed person, the committed person's herself, her |
child, unborn child, or other persons due to a psychiatric |
or medical disorder. Therapeutic restraints may only be |
initiated, monitored and discontinued by qualified and |
authorized health staff and used to safely limit a |
committed person's prisoner's mobility for psychiatric or |
medical reasons. No order for therapeutic restraints shall |
be written unless medical or mental health personnel, |
after personally observing and examining the committed |
person prisoner , are clinically satisfied that the use of |
therapeutic restraints is justified and permitted in |
accordance with hospital policies and applicable State |
law. Metal handcuffs or shackles are not considered |
therapeutic restraints. |
(2) Whenever therapeutic restraints are used by |
medical personnel, Section 2-108 of the Mental Health and |
Developmental Disabilities Code shall apply. |
(3) Leg irons, shackles or waist shackles shall not be |
used on any pregnant or postpartum committed person |
prisoner regardless of security classification. Except for |
therapeutic restraints under clause (b)(2), no restraints |
of any kind may be applied to committed persons prisoners |
during labor. |
(4) When a pregnant or postpartum committed person |
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prisoner must be restrained, restraints used shall be the |
least restrictive restraints possible to ensure the safety |
and security of the committed person prisoner , the |
committed person's her child, unborn child, the staff of |
the county department of corrections or medical facility, |
other committed persons prisoners , or the public, and in |
no case shall include leg irons, shackles or waist |
shackles. |
(5) Upon the pregnant committed person's prisoner's |
entry into a hospital room, and completion of initial room |
inspection, a corrections official shall be posted |
immediately outside the hospital room, unless requested to |
be in the room by medical personnel attending to the |
committed person's prisoner's medical needs. |
(6) The county department of corrections shall provide |
adequate corrections personnel to monitor the pregnant |
committed person prisoner during the committed person's |
her transport to and from the hospital and during the |
committed person's her stay at the hospital. |
(7) Where the county department of corrections |
requires committed person prisoner safety assessments, a |
corrections official may enter the hospital room to |
conduct periodic committed person prisoner safety |
assessments, except during a medical examination or the |
delivery process. |
(8) (Blank). Upon discharge from a medical facility, |
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postpartum prisoners shall be restrained only with |
handcuffs in front of the body during transport to the |
county department of corrections. A corrections official |
shall immediately remove all security restraints upon |
written or oral request by medical personnel. Oral |
requests made by medical personnel shall be verified in |
writing as promptly as reasonably possible. |
(c) Enforcement. No later than 30 days before the end of |
each fiscal year, the county sheriff or corrections official |
of the correctional institution where a pregnant or postpartum |
committed person prisoner has been restrained pursuant to this |
Section during that previous fiscal year, shall submit a |
written report to the Jail and Detention Standards Unit of the |
Department of Corrections, in a form and manner prescribed by |
the Department, Illinois General Assembly and the Office of |
the Governor that includes an account of every instance of |
prisoner restraint pursuant to this Section. The written |
report shall state the date, time, location and rationale for |
each instance in which restraints are used. The written report |
shall not contain any individually identifying information of |
any committed person prisoner . Such reports shall be made |
available for public inspection. |
(d) Data reporting. No later than 30 days before the end of |
each fiscal year, each county sheriff shall submit a written |
report to the Jail and Detention Standards Unit of the |
Department of Corrections, in a form and manner prescribed by |
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the Department, that includes the number of pregnant committed |
persons in custody each year and the number of people who |
deliver or miscarry while in custody. The written reports |
shall not contain any individually identifying information of |
a committed person. The written reports shall be made |
available for public inspection. |
(Source: P.A. 100-513, eff. 1-1-18; 101-652, eff. 7-1-21 .)
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(55 ILCS 5/3-15003.7) |
Sec. 3-15003.7. Corrections official training related to |
pregnant committed persons prisoners . |
(a) A county department of corrections shall provide |
training relating to medical and mental health care issues |
applicable to pregnant committed persons prisoners to: |
(1) each corrections official employed by a county |
department at a correctional institution in which female |
committed persons prisoners are confined; and |
(2) any other county department of corrections |
employee whose duties involve contact with pregnant |
committed persons prisoners . |
(b) The training must include information regarding: |
(1) appropriate care for pregnant committed persons |
prisoners ; and |
(2) the impact on a pregnant committed person prisoner |
and the committed person's prisoner's unborn child of: |
(A) the use of restraints; |
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(B) placement in administrative segregation; and |
(C) invasive searches. |
(Source: P.A. 101-652, eff. 7-1-21 .)
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(55 ILCS 5/3-15003.8) |
Sec. 3-15003.8. Educational programming and information |
for pregnant committed persons prisoners . |
(a) The Illinois Department of Public Health shall provide |
the county department of corrections with educational |
programming relating to pregnancy and parenting and the county |
department of corrections shall provide the programming to |
pregnant committed persons prisoners . The programming must |
include instruction regarding: |
(1) appropriate prenatal care and hygiene; |
(2) the effects of prenatal exposure to alcohol and |
drugs on a developing fetus; |
(3) parenting skills; and |
(4) medical and mental health issues applicable to |
children. |
(b) Each county department of corrections shall provide |
written informational materials concerning the laws pertaining |
to pregnant committed persons to any pregnant or postpartum |
individual. The Department of Public Health shall provide |
these informational materials to the warden of the county |
department of corrections at no cost to the county and the |
county may accept informational materials from community-based |
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organizations specializing in the rights of pregnant committed |
persons. The informational materials must include information |
regarding: |
(1) the prohibition against the use of restraints; |
(2) rules concerning the treatment of pregnant |
committed persons, including those relating to bed height |
and supplemental nutrition; |
(3) the right to spend time with a child following |
delivery; |
(4) the requirement to provide educational |
programming; |
(5) all rights under the Reproductive Health Act; |
(6) the procedure for obtaining an abortion, if so |
desired; |
(7) the procedure for obtaining information about |
guardianship or adoption resources, if so desired; |
(8) any new or additional laws concerning the rights |
of pregnant committed persons; and |
(9) the address or contact information for community |
organizations specializing in the rights of pregnant |
committed persons for questions or concerns. |
(c) Each county department of corrections must also post |
informational flyers provided by the Department of Public |
Health wherever pregnant committed persons may be housed. |
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
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(55 ILCS 5/3-15003.9) |
Sec. 3-15003.9. Committed person postpartum Prisoner |
post-partum recovery requirements. A county department of |
corrections shall ensure that, for a period of 72 hours after |
the birth of an infant by a committed person prisoner : |
(1) the infant is allowed to remain with the committed |
person prisoner , unless a medical professional determines |
doing so would pose a health or safety risk to the |
committed person prisoner or infant; and |
(2) the committed person prisoner has access to any |
nutritional or hygiene-related products necessary to care |
for the infant, including diapers. |
(Source: P.A. 101-652, eff. 7-1-21 .)
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(55 ILCS 5/3-15003.10) |
Sec. 3-15003.10. Housing requirements applicable to |
pregnant committed persons prisoners . |
(a) A county department of corrections may not place in |
administrative segregation a committed person prisoner who is |
pregnant or who gave birth during the preceding 30 days unless |
the director of the county department of corrections or the |
director's designee determines that the placement is necessary |
based on a reasonable belief that the committed person |
prisoner will harm herself, the committed person's prisoner's |
infant, or any other person or will attempt escape. |
(b) A county department of corrections may not assign a |
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pregnant committed person prisoner to any bed that is elevated |
more than 3 feet above the floor. |
(Source: P.A. 101-652, eff. 7-1-21 .)
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(55 ILCS 5/3-15003.11 new) |
Sec. 3-15003.11. Supplemental nutrition during pregnancy |
or lactation. A committed person who is pregnant or lactating, |
including a committed person who is nursing a baby or pumping |
breastmilk, shall be provided supplemental nutrition of at |
least 300 calories per day. This supplemental nutrition shall |
be in addition to any regularly provided food and shall be |
available outside of regular mealtimes.
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(55 ILCS 5/3-15003.12 new) |
Sec. 3-15003.12. Medical screening; pregnancy test. When a |
person with a uterus is committed to a facility, the person |
shall within 14 days be given a medical screening and offered a |
pregnancy test.
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Section 10. The Health Care Violence Prevention Act is |
amended by changing Section 30 as follows:
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(210 ILCS 160/30) |
Sec. 30. Medical care for committed persons. |
(a) If a committed person receives medical care and |
treatment at a place other than an institution or facility of |
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the Department of Corrections, a county, or a municipality, |
then the institution or facility shall: |
(1) to the greatest extent practicable, notify the |
hospital or medical facility that is treating the |
committed person prior to the committed person's visit and |
notify the hospital or medical facility of any significant |
medical, mental health, recent violent actions, or other |
safety concerns regarding the patient; |
(2) to the greatest extent practicable, ensure the |
transferred committed person is accompanied by the most |
comprehensive medical records possible; |
(3) provide at least one guard trained in custodial |
escort and custody of high-risk committed persons to |
accompany any committed person. The custodial agency shall |
attest to such training for custodial escort and custody |
of high-risk committed persons through: (A) the training |
of the Department of Corrections, Department of Juvenile |
Justice, or Illinois State Police; (B) law enforcement |
training that is substantially equivalent to the training |
of the Department of Corrections, Department of Juvenile |
Justice, or Illinois State Police; or (C) the training |
described in Section 35. Under no circumstances may leg |
irons or shackles or waist shackles be used on any |
pregnant committed person female prisoner who is in labor. |
In addition, restraint of a pregnant committed person |
female prisoner in the custody of the Cook County shall |
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comply with Section 3-15003.6 of the Counties Code. |
Additionally, restraints shall not be used on a committed |
person if medical personnel determine that the restraints |
would impede medical treatment; and |
(4) ensure that only medical personnel, Department of |
Corrections, county, or municipality personnel, and |
visitors on the committed person's approved institutional |
visitors list may visit the committed person. Visitation |
by a person on the committed person's approved |
institutional visitors list shall be subject to the rules |
and procedures of the hospital or medical facility and the |
Department of Corrections, county, or municipality. In any |
situation in which a committed person is being visited: |
(A) the name of the visitor must be listed per the |
facility's or institution's documentation; |
(B) the visitor shall submit to the search of his |
or her person or any personal property under his or her |
control at any time; and |
(C) the custodial agency may deny the committed |
person access to a telephone or limit the number of |
visitors the committed person may receive for purposes |
of safety. |
If a committed person receives medical care and treatment |
at a place other than an institution or facility of the |
Department of Corrections, county, or municipality, then the |
custodial agency shall ensure that the committed person is |
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wearing security restraints in accordance with the custodial |
agency's rules and procedures if the custodial agency |
determines that restraints are necessary for the following |
reasons: (i) to prevent physical harm to the committed person |
or another person; (ii) because the committed person has a |
history of disruptive behavior that has placed others in |
potentially harmful situations or presents a substantial risk |
of inflicting physical harm on himself or herself or others as |
evidenced by recent behavior; or (iii) there is a well-founded |
belief that the committed person presents a substantial risk |
of flight. Under no circumstances may leg irons or shackles or |
waist shackles be used on any pregnant committed person female |
prisoner who is in labor. In addition, restraint of a pregnant |
committed person female prisoner in the custody of the Cook |
County shall comply with Section 3-15003.6 of the Counties |
Code. |
The hospital or medical facility may establish protocols |
for the receipt of committed persons in collaboration with the |
Department of Corrections, county, or municipality, |
specifically with regard to potentially violent persons. |
(b) If a committed person receives medical care and |
treatment at a place other than an institution or facility of |
the Department of Juvenile Justice, then the institution or |
facility shall: |
(1) to the greatest extent practicable, notify the |
hospital or medical facility that is treating the |
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committed person prior to the committed person's visit, |
and notify the hospital or medical facility of any |
significant medical, mental health, recent violent |
actions, or other safety concerns regarding the patient; |
(2) to the greatest extent practicable, ensure the |
transferred committed person is accompanied by the most |
comprehensive medical records possible; |
(3) provide: (A) at least one guard trained in |
custodial escort and custody of high-risk committed |
persons to accompany any committed person. The custodial |
agency shall attest to such training for custodial escort |
and custody of high-risk committed persons through: (i) |
the training of the Department of Corrections, Department |
of Juvenile Justice, or Illinois State Police, (ii) law |
enforcement training that is substantially equivalent to |
the training of the Department of Corrections, Department |
of Juvenile Justice, or Illinois State Police, or (iii) |
the training described in Section 35; or (B) 2 guards to |
accompany the committed person at all times during the |
visit to the hospital or medical facility; and |
(4) ensure that only medical personnel, Department of |
Juvenile Justice personnel, and visitors on the committed |
person's approved institutional visitors list may visit |
the committed person. Visitation by a person on the |
committed person's approved institutional visitors list |
shall be subject to the rules and procedures of the |
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hospital or medical facility and the Department of |
Juvenile Justice. In any situation in which a committed |
person is being visited: |
(A) the name of the visitor must be listed per the |
facility's or institution's documentation; |
(B) the visitor shall submit to the search of his |
or her person or any personal property under his or her |
control at any time; and |
(C) the custodial agency may deny the committed |
person access to a telephone or limit the number of |
visitors the committed person may receive for purposes |
of safety. |
If a committed person receives medical care and treatment |
at a place other than an institution or facility of the |
Department of Juvenile Justice, then the Department of |
Juvenile Justice shall ensure that the committed person is |
wearing security restraints on either his or her wrists or |
ankles in accordance with the rules and procedures of the |
Department of Juvenile Justice if the Department of Juvenile |
Justice determines that restraints are necessary for the |
following reasons: (i) to prevent physical harm to the |
committed person or another person; (ii) because the committed |
person has a history of disruptive behavior that has placed |
others in potentially harmful situations or presents a |
substantial risk of inflicting physical harm on himself or |
herself or others as evidenced by recent behavior; or (iii) |
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there is a well-founded belief that the committed person |
presents a substantial risk of flight. Any restraints used on |
a committed person under this paragraph shall be the least |
restrictive restraints necessary to prevent flight or physical |
harm to the committed person or another person. Restraints |
shall not be used on the committed person as provided in this |
paragraph if medical personnel determine that the restraints |
would impede medical treatment. Under no circumstances may leg |
irons or shackles or waist shackles be used on any pregnant |
committed person female prisoner who is in labor. In addition, |
restraint of a pregnant committed person female prisoner in |
the custody of the Cook County shall comply with Section |
3-15003.6 of the Counties Code. |
The hospital or medical facility may establish protocols |
for the receipt of committed persons in collaboration with the |
Department of Juvenile Justice, specifically with regard to |
persons recently exhibiting violence. |
(Source: P.A. 102-538, eff. 8-20-21.)
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Section 15. The Unified Code of Corrections is amended by |
changing Sections 3-6-7, 3-6-7.2, 3-6-7.3, and 5-8A-4 and by |
adding Sections 3-6-0.5, 3-6-7.5, and 3-6-7.6 as follows:
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(730 ILCS 5/3-6-0.5 new) |
Sec. 3-6-0.5. Definitions. As used in this Section and |
Sections 3-6-7, 3-6-7.2, 3-6-7.3, and 3-6-7.4: |
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"Extraordinary circumstance" means an extraordinary |
medical or security circumstance, including a substantial |
flight risk, that dictates restraints be used to ensure the |
safety and security of the committed person, the staff of the |
correctional institution or medical facility, other committed |
persons, or the public. |
"Labor" means the period of time before a birth and shall |
include any medical condition in which an individual is sent |
or brought to the hospital for the purpose of delivering a |
baby. These situations include: induction of labor, prodromal |
labor, pre-term labor, prelabor rupture of membranes, the 3 |
stages of active labor, uterine hemorrhage during the third |
trimester of pregnancy, and caesarian delivery, including |
pre-operative preparation. |
"Postpartum" means the 6-week period following birth |
unless determined to be a longer period by a physician, |
advanced practice registered nurse, physician assistant, or |
other qualified medical professional. |
"Restraints" means any physical restraint or mechanical |
device used to control the movement of a committed person's |
body or limbs, or both, including, but not limited to, flex |
cuffs, soft restraints, hard metal handcuffs, a black box, |
Chubb cuffs, leg irons, belly chains, a security (tether) |
chain, or a convex shield, or shackles of any kind.
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(730 ILCS 5/3-6-7) |
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Sec. 3-6-7. Pregnant female committed persons. |
(a) The Department shall not apply security restraints to |
a committed person that has been determined by a qualified |
medical professional to be pregnant or otherwise is known by |
the Department to be pregnant or in postpartum recovery, |
unless the correctional official makes an individualized |
determination that the committed person presents a substantial |
flight risk or some other extraordinary circumstance that |
dictates security restraints be used to ensure the safety and |
security of the committed person, the committed person's child |
or unborn child, the staff of the Department or medical |
facility, other committed persons, or the public. The |
protections set out in paragraphs (3) and (4) of this Section |
shall apply to security restraints used as provided in this |
subsection. The correctional officer employed by the |
Department shall immediately remove all restraints and |
approved electronic monitoring devices, as that term is |
defined in Section 5-8A-2 of the Unified Code of Corrections, |
upon the written or oral request of medical personnel. Oral |
requests made by medical personnel shall be verified in |
writing as promptly as reasonably possible. |
(1) Qualified authorized health staff shall have the |
authority to order therapeutic restraints for a pregnant |
or postpartum committed person who is a danger to the |
committed person, the committed person's child, unborn |
child, or other persons due to a psychiatric or medical |
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disorder. Therapeutic restraints may only be initiated, |
monitored, and discontinued by qualified and authorized |
health staff and used to safely limit a committed person's |
mobility for psychiatric or medical reasons. No order for |
therapeutic restraints shall be written unless medical or |
mental health personnel, after personally observing and |
examining the committed person, are clinically satisfied |
that the use of therapeutic restraints is justified and |
permitted in accordance with hospital policies and |
applicable State law. Metal handcuffs or shackles are not |
considered therapeutic restraints. |
(2) Whenever therapeutic restraints are used by |
medical personnel, Section 2-108 of the Mental Health and |
Developmental Disabilities Code shall apply. |
(3) Leg irons, shackles or waist shackles shall not be |
used on any pregnant or postpartum committed person |
regardless of security classification. Except for |
therapeutic restraints under paragraph (2) of subsection |
(b), no restraints of any kind may be applied to committed |
persons during labor. |
(4) When a pregnant or postpartum committed person |
must be restrained, restraints used shall be the least |
restrictive restraints possible to ensure the safety and |
security of the committed person, the committed person's |
child, unborn child, the staff of the Department or |
medical facility, other committed persons, or the public, |
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and in no case shall include leg irons, shackles, or waist |
shackles. |
(5) Upon the pregnant committed person's entry into a |
hospital room, and completion of initial room inspection, |
a correctional officer shall be posted immediately outside |
the hospital room unless requested to be in the room by |
medical personnel attending to the committed person's |
medical needs. |
(6) The Department shall provide adequate corrections |
personnel to monitor the pregnant committed person during |
the committed person's transport to and from the hospital |
and during the committed person's stay at the hospital. |
(7) Where the correctional institution or facility |
requires committed person safety assessments, a |
correctional official may enter the hospital room to |
conduct periodic committed person safety assessments, |
except during a medical examination or the delivery |
process. |
(b) No later than 30 days before the end of each fiscal |
year, the Department shall submit a written report to the |
Illinois General Assembly and the Office of the Governor that |
includes an account of every instance where a pregnant or |
postpartum committed person had restraints used pursuant to |
this Section during the previous fiscal year. The written |
report shall state the date, time, location, and rationale for |
each instance in which restraints are used. The written report |
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shall include information provided to the Jail and Detention |
Standards Unit by each county department of corrections and |
county jail. The Department's written report shall also |
include information on county department of corrections and |
county jails that did not report as required. The written |
report shall not contain any individually identifying |
information of any committed person. The report shall be made |
available for public inspection. |
(c) No later than 30 days before the end of each fiscal |
year, the Department shall submit a written report to the |
Illinois General Assembly and the Office of the Governor that |
includes the number of pregnant committed persons in custody |
each year and the number of people who deliver or miscarry |
while in custody. The written report shall include information |
provided to the Jail and Detention Standards Unit by each |
county department of corrections and county jail. The |
Department's written report shall also include information on |
county department of corrections and county jails that did not |
report as required. The written report shall not contain any |
individually identifying information of a committed person. |
The written report shall be made available for public |
inspection Notwithstanding any other statute, directive, or |
administrative regulation, when a pregnant female committed |
person is brought to a hospital from an Illinois correctional |
center for the purpose of delivering her baby, no handcuffs, |
shackles, or restraints of any kind may be used during her |
|
transport to a medical facility for the purpose of delivering |
her baby. Under no circumstances may leg irons or shackles or |
waist shackles be used on any pregnant female committed person |
who is in labor. Upon the pregnant female committed person's |
entry to the hospital delivery room, a correctional officer |
must be posted immediately outside the delivery room. The |
Department must provide for adequate personnel to monitor the |
pregnant female committed person during her transport to and |
from the hospital and during her stay at the hospital . |
(Source: P.A. 91-253, eff. 1-1-00.)
|
(730 ILCS 5/3-6-7.2) |
Sec. 3-6-7.2. Educational programming and information for |
pregnant committed persons. |
(a) The Department shall develop and provide to each |
pregnant committed person educational programming relating to |
pregnancy and parenting. The programming must include |
instruction regarding: |
(1) appropriate prenatal care and hygiene; |
(2) the effects of prenatal exposure to alcohol and |
drugs on a developing fetus; |
(3) parenting skills; and |
(4) medical and mental health issues applicable to |
children. |
(b) The Department shall provide informational materials |
concerning the laws pertaining to pregnant committed persons |
|
to any pregnant or postpartum individual. The Department of |
Public Health and community-based organizations specializing |
in the rights of pregnant committed persons shall provide |
these informational materials to the warden at no cost to the |
Department of Corrections or the Department of Juvenile |
Justice. The informational materials must include information |
regarding: |
(1) the prohibition against the use of restraints; |
(2) rules concerning the treatment of pregnant |
committed persons, including those relating to bed height |
and supplemental nutrition; |
(3) the right to spend time with a child following |
delivery; |
(4) the requirement to provide educational |
programming; |
(5) all rights under the Reproductive Health Act; |
(6) the procedure for obtaining an abortion, if so |
desired; |
(7) the procedure for obtaining information about |
guardianship or adoption resources, if so desired; |
(8) any new or additional laws concerning the rights |
of pregnant committed persons; and |
(9) the address or contact information for community |
organizations specializing in the rights of pregnant |
committed persons for questions or concerns. |
(c) The Department must also post informational flyers |
|
provided by the Department of Public Health wherever pregnant |
committed persons may be housed. |
(Source: P.A. 101-652, eff. 7-1-21; 102-813, eff. 5-13-22.)
|
(730 ILCS 5/3-6-7.3) |
Sec. 3-6-7.3. Committed person postpartum post-partum |
recovery requirements. The Department shall ensure that, for a |
period of 72 hours after the birth of an infant by a committed |
person: |
(1) the infant is allowed to remain with the committed |
person, unless a medical professional determines doing so |
would pose a health or safety risk to the committed person |
or infant based on information only available to the |
Department. The mental health professional shall make any |
such determination on an individualized basis and in |
consultation with the birthing team of the pregnant person |
and the Chief of the Women's Division. The birthing team |
shall include the committed person's perinatal care |
providers and doula, if available; and |
(2) the committed person has access to any nutritional |
or hygiene-related products necessary to care for the |
infant, including diapers. |
(Source: P.A. 102-28, eff. 6-25-21; 103-154, eff. 6-30-23.)
|
(730 ILCS 5/3-6-7.5 new) |
Sec. 3-6-7.5. Supplemental nutrition during pregnancy or |
|
lactation. A committed person who is pregnant or lactating, |
including a committed person who is nursing a baby or pumping |
breastmilk, shall be provided supplemental nutrition of at |
least 300 calories per day. This supplemental nutrition shall |
be in addition to any regularly provided food and shall be |
available outside of regular mealtimes.
|
(730 ILCS 5/3-6-7.6 new) |
Sec. 3-6-7.6. Medical screening; pregnancy test. When a |
person with a uterus is committed to a facility, the person |
shall within 14 days be given a medical screening and offered a |
pregnancy test.
|
(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4) |
Sec. 5-8A-4. Program description. The supervising |
authority may promulgate rules that prescribe reasonable |
guidelines under which an electronic monitoring and home |
detention program shall operate. When using electronic |
monitoring for home detention these rules may include, but not |
be limited to, the following: |
(A) The participant may be instructed to remain within |
the interior premises or within the property boundaries of |
his or her residence at all times during the hours |
designated by the supervising authority. Such instances of |
approved absences from the home shall include, but are not |
limited to, the following: |
|
(1) working or employment approved by the court or |
traveling to or from approved employment; |
(2) unemployed and seeking employment approved for |
the participant by the court; |
(3) undergoing medical, psychiatric, mental health |
treatment, counseling, or other treatment programs |
approved for the participant by the court; |
(4) attending an educational institution or a |
program approved for the participant by the court; |
(5) attending a regularly scheduled religious |
service at a place of worship; |
(6) participating in community work release or |
community service programs approved for the |
participant by the supervising authority; |
(7) for another compelling reason consistent with |
the public interest, as approved by the supervising |
authority; or |
(8) purchasing groceries, food, or other basic |
necessities. |
(A-1) At a minimum, any person ordered to pretrial |
home confinement with or without electronic monitoring |
must be provided with movement spread out over no fewer |
than two days per week, to participate in basic activities |
such as those listed in paragraph (A). In this subdivision |
(A-1), "days" means a reasonable time period during a |
calendar day, as outlined by the court in the order |
|
placing the person on home confinement. |
(B) The participant shall admit any person or agent |
designated by the supervising authority into his or her |
residence at any time for purposes of verifying the |
participant's compliance with the conditions of his or her |
detention. |
(C) The participant shall make the necessary |
arrangements to allow for any person or agent designated |
by the supervising authority to visit the participant's |
place of education or employment at any time, based upon |
the approval of the educational institution employer or |
both, for the purpose of verifying the participant's |
compliance with the conditions of his or her detention. |
(D) The participant shall acknowledge and participate |
with the approved electronic monitoring device as |
designated by the supervising authority at any time for |
the purpose of verifying the participant's compliance with |
the conditions of his or her detention. |
(E) The participant shall maintain the following: |
(1) access to a working telephone; |
(2) a monitoring device in the participant's home, |
or on the participant's person, or both; and |
(3) a monitoring device in the participant's home |
and on the participant's person in the absence of a |
telephone. |
(F) The participant shall obtain approval from the |
|
supervising authority before the participant changes |
residence or the schedule described in subsection (A) of |
this Section. Such approval shall not be unreasonably |
withheld. |
(G) The participant shall not commit another crime |
during the period of home detention ordered by the Court. |
(H) Notice to the participant that violation of the |
order for home detention may subject the participant to |
prosecution for the crime of escape as described in |
Section 5-8A-4.1. |
(I) The participant shall abide by other conditions as |
set by the supervising authority. |
The supervising authority shall adopt rules to immediately |
remove all approved electronic monitoring devices of a |
pregnant participant during labor and delivery. |
(J) This Section takes effect January 1, 2022. |
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; |
102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)
|
Section 20. The County Jail Act is amended by changing |
Sections 2, 2.1, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, |
17.5, 17.6, 17.7, 17.8, 17.9, 17.10, 19, 19.5, 20, and 21 and |
by adding Sections 10.5 and 17.11 as follows:
|
(730 ILCS 125/2) (from Ch. 75, par. 102) |
Sec. 2. The Sheriff of each county in this State shall be |
|
the warden of the jail of the county, and have the custody of |
all committed persons prisoners in the jail, except when |
otherwise provided in the "County Department of Corrections |
Act". |
(Source: P.A. 83-1073.)
|
(730 ILCS 125/2.1) (from Ch. 75, par. 102.1) |
Sec. 2.1. New jail. The sheriff of each county in this |
State shall be the warden of any new jail facility constructed |
or otherwise acquired in the county and shall have the custody |
of all committed persons prisoners in that facility, except |
when otherwise provided in Division 3-15 of the Counties Code. |
(Source: P.A. 87-645.)
|
(730 ILCS 125/4) (from Ch. 75, par. 104) |
Sec. 4. The Warden of the jail shall receive and confine in |
such jail, until discharged by due course of law, all persons |
committed to such jail by any competent authority. |
When there is no county jail facility operating in a |
county, arresting agencies shall be responsible for delivering |
persons arrested to an adjoining county jail facility, if the |
adjoining county has entered into a written agreement with the |
committing county allowing for the maintenance of committed |
persons prisoners in the adjoining county. |
(Source: P.A. 86-570.)
|
|
(730 ILCS 125/5) (from Ch. 75, par. 105) |
Sec. 5. Costs of maintaining committed persons prisoners . |
(a) Except as provided in subsections (b) and (c), all |
costs of maintaining persons committed for violations of |
Illinois law, shall be the responsibility of the county. |
Except as provided in subsection (b), all costs of maintaining |
persons committed under any ordinance or resolution of a unit |
of local government, including medical costs, is the |
responsibility of the unit of local government enacting the |
ordinance or resolution, and arresting the person. |
(b) If a person who is serving a term of mandatory |
supervised release for a felony is incarcerated in a county |
jail, the Illinois Department of Corrections shall pay the |
county in which that jail is located one-half of the cost of |
incarceration, as calculated by the Governor's Office of |
Management and Budget and the county's chief financial |
officer, for each day that the person remains in the county |
jail after notice of the incarceration is given to the |
Illinois Department of Corrections by the county, provided |
that (i) the Illinois Department of Corrections has issued a |
warrant for an alleged violation of mandatory supervised |
release by the person; (ii) if the person is incarcerated on a |
new charge, unrelated to the offense for which he or she is on |
mandatory supervised release, there has been a court hearing |
at which the conditions of pretrial release have been set on |
the new charge; (iii) the county has notified the Illinois |
|
Department of Corrections that the person is incarcerated in |
the county jail, which notice shall not be given until the |
hearing has concluded, if the person is incarcerated on a new |
charge; and (iv) the person remains incarcerated in the county |
jail for more than 48 hours after the notice has been given to |
the Department of Corrections by the county. Calculation of |
the per diem cost shall be agreed upon prior to the passage of |
the annual State budget. |
(c) If a person who is serving a term of mandatory |
supervised release is incarcerated in a county jail, following |
an arrest on a warrant issued by the Illinois Department of |
Corrections, solely for violation of a condition of mandatory |
supervised release and not on any new charges for a new |
offense, then the Illinois Department of Corrections shall pay |
the medical costs incurred by the county in securing treatment |
for that person, for any injury or condition other than one |
arising out of or in conjunction with the arrest of the person |
or resulting from the conduct of county personnel, while he or |
she remains in the county jail on the warrant issued by the |
Illinois Department of Corrections. |
(Source: P.A. 101-652, eff. 1-1-23 .)
|
(730 ILCS 125/7) (from Ch. 75, par. 107) |
Sec. 7. On the first day of each month, the warden of the |
jail of the county shall prepare a list of all committed |
persons prisoners in his custody, specifying the causes for |
|
which and the persons by whom they were committed, and make |
available to the court his calendar of committed persons |
prisoners . |
(Source: P.A. 83-1073.)
|
(730 ILCS 125/9) (from Ch. 75, par. 109) |
Sec. 9. When there is no jail or other penal institution in |
a county, or the jail or other penal institution of the county |
is insufficient, the sheriff may commit any person in his |
custody, either on civil or criminal process, to the nearest |
sufficient jail of another county, and the warden of the jail |
of such county shall receive and confine such committed person |
prisoner , until removed by order of the court having |
jurisdiction of the offense, or discharged by due course of |
law. |
(Source: P.A. 83-1073.)
|
(730 ILCS 125/10) (from Ch. 75, par. 110) |
Sec. 10. Whenever a committed person prisoner is committed |
to the jail of one county for a criminal offense committed or |
charged to have been committed in another, or is transferred |
to another county for safe keeping or trial, the county in |
which the crime was committed, or charged to have been |
committed, shall pay the expenses of the keeping of such |
committed person prisoner . In civil suits, the plaintiff or |
defendant shall pay the expenses, in the same manner as if the |
|
imprisonment had taken place in the same county where the suit |
was commenced. |
(Source: P.A. 83-1073.)
|
(730 ILCS 125/10.5 new) |
Sec. 10.5. Medical screening; pregnancy test. When a |
person with a uterus is committed to a facility, the person |
shall within 14 days be given a medical screening and offered a |
pregnancy test.
|
(730 ILCS 125/11) (from Ch. 75, par. 111) |
Sec. 11. Debtors and witnesses shall not be confined in |
the same room with other committed persons prisoners ; male and |
female committed persons prisoners shall not be kept in the |
same room; minors shall be kept separate from those previously |
convicted of a felony or other infamous crime; and persons |
charged with an offense shall not be confined in the same cell |
as those convicted of a crime. The confinement of those |
persons convicted of a misdemeanor or felony shall be in |
accordance with a classification system developed and |
implemented by the local jail authority. |
(Source: P.A. 87-899.)
|
(730 ILCS 125/12) (from Ch. 75, par. 112) |
Sec. 12. Whenever the Warden of the jail of any county |
deems such jail insufficient to secure the committed persons |
|
prisoners confined therein, he shall give notice thereof to |
the county board. |
(Source: P.A. 83-1073.)
|
(730 ILCS 125/13) (from Ch. 75, par. 113) |
Sec. 13. Whenever the Warden of any jail shall have in his |
custody any person charged with a high crime, and there is no |
jail in his county, or the jail is insufficient, he may, with |
the advice of the judge of the circuit court of such county, |
employ a sufficient guard, not exceeding 3 persons, for the |
guarding and safe keeping of such committed person prisoner in |
his own county. The expense of such guard shall be audited and |
paid as other county expenses. |
(Source: P.A. 103-51, eff. 1-1-24 .)
|
(730 ILCS 125/14) (from Ch. 75, par. 114) |
Sec. 14. At any time, in the opinion of the Warden, the |
lives or health of the committed persons prisoners are |
endangered or the security of the penal institution is |
threatened, to such a degree as to render their removal |
necessary, the Warden may cause an individual committed person |
prisoner or a group of committed persons prisoners to be |
removed to some suitable place within the county, or to the |
jail of some convenient county, where they may be confined |
until they can be safely returned to the place whence they were |
removed. No committed person prisoner charged with a felony |
|
shall be removed by the warden to a Mental Health or |
Developmental Disabilities facility as defined in the Mental |
Health and Developmental Disabilities Code, except as |
specifically authorized by Article 104 or 115 of the Code of |
Criminal Procedure of 1963, or the Mental Health and |
Developmental Disabilities Code. Any place to which the |
committed persons prisoners are so removed shall, during their |
imprisonment there, be deemed, as to such committed persons |
prisoners , a prison of the county in which they were |
originally confined; but, they shall be under the care, |
government and direction of the Warden of the jail of the |
county in which they are confined. When any criminal detainee |
is transferred to the custody of the Department of Human |
Services, the warden shall supply the Department of Human |
Services with all of the legally available information as |
described in 20 Ill. Adm. Code 701.60(f). When a criminal |
detainee is delivered to the custody of the Department, the |
following information must be included with the items |
delivered: |
(1) the sentence imposed; |
(2) any findings of great bodily harm made by the |
court; |
(3) any statement by the court on the basis for |
imposing the sentence; |
(4) any presentence reports; |
(5) any sex offender evaluations; |
|
(6) any substance abuse treatment eligibility |
screening and assessment of the criminal detainee by an |
agent designated by the State to provide assessments for |
Illinois courts; |
(7) the number of days, if any, which the criminal |
detainee has been in custody and for which he or she is |
entitled to credit against the sentence. Certification of |
jail credit time shall include any time served in the |
custody of the Illinois Department of Human |
Services-Division of Mental Health or Division of |
Developmental Disabilities, time served in another state |
or federal jurisdiction, and any time served while on |
probation or periodic imprisonment; |
(8) State's Attorney's statement of facts, including |
the facts and circumstances of the offenses for which the |
criminal detainee was committed, any other factual |
information accessible to the State's Attorney prior to |
the commitment to the Department relative to the criminal |
detainee's habits, associates, disposition, and reputation |
or other information that may aid the Department during |
the custody of the criminal detainee. If the statement is |
unavailable at the time of delivery, the statement must be |
transmitted within 10 days after receipt by the clerk of |
the court; |
(9) any medical or mental health records or summaries; |
(10) any victim impact statements; |
|
(11) name of municipalities where the arrest of the |
criminal detainee and the commission of the offense |
occurred, if the municipality has a population of more |
than 25,000 persons; |
(12) all additional matters that the court directs the |
clerk to transmit; |
(13) a record of the criminal detainee's time and his |
or her behavior and conduct while in the custody of the |
county. Any action on the part of the criminal detainee |
that might affect his or her security status with the |
Department, including, but not limited to, an escape |
attempt, participation in a riot, or a suicide attempt |
should be included in the record; and |
(14) the mittimus or sentence (judgment) order that |
provides the following information: |
(A) the criminal case number, names and citations |
of the offenses, judge's name, date of sentence, and, |
if applicable, whether the sentences are to be served |
concurrently or consecutively; |
(B) the number of days spent in custody; and |
(C) if applicable, the calculation of pre-trial |
program sentence credit awarded by the court to the |
criminal detainee, including, at a minimum, |
identification of the type of pre-trial program the |
criminal detainee participated in and the number of |
eligible days the court finds the criminal detainee |
|
spent in the pre-trial program multiplied by the |
calculation factor of 0.5 for the total court-awarded |
credit. |
(Source: P.A. 99-215, eff. 7-31-15.)
|
(730 ILCS 125/15) (from Ch. 75, par. 115) |
Sec. 15. The Warden of the jail shall furnish each |
committed person prisoner daily with as much clean water as |
may be necessary for drink and personal cleanliness, and serve |
him three times a day with wholesome food, well cooked and in |
sufficient quantity. The Warden of the jail in counties of the |
first and second class shall procure at the expense of the |
county, all necessary foods and provisions for the support of |
the committed persons prisoners confined in the jail, and |
shall employ suitable persons to prepare and serve the food |
for the committed persons prisoners , or otherwise provide |
suitable food service. |
(Source: P.A. 83-1073.)
|
(730 ILCS 125/16) (from Ch. 75, par. 116) |
Sec. 16. The Warden of the jail or other person shall not |
permit any committed person prisoner to send for or have any |
alcoholic beverages or controlled substances except when |
prescribed by a physician as medicine. |
(Source: P.A. 83-1073.)
|
|
(730 ILCS 125/17) (from Ch. 75, par. 117) |
Sec. 17. Bedding, clothing, fuel, and medical aid; |
reimbursement for medical expenses. The Warden of the jail |
shall furnish necessary bedding, clothing, fuel, and medical |
services for all committed persons prisoners under his charge, |
and keep an accurate account of the same. When services that |
result in qualified medical expenses are required by any |
person held in custody, the county, private hospital, |
physician or any public agency which provides such services |
shall be entitled to obtain reimbursement from the county for |
the cost of such services. The county board of a county may |
adopt an ordinance or resolution providing for reimbursement |
for the cost of those services at the Department of Healthcare |
and Family Services' rates for medical assistance. To the |
extent that such person is reasonably able to pay for such |
care, including reimbursement from any insurance program or |
from other medical benefit programs available to such person, |
he or she shall reimburse the county or arresting authority. |
If such person has already been determined eligible for |
medical assistance under the Illinois Public Aid Code at the |
time the person is detained, the cost of such services, to the |
extent such cost exceeds $500, shall be reimbursed by the |
Department of Healthcare and Family Services under that Code. |
A reimbursement under any public or private program authorized |
by this Section shall be paid to the county or arresting |
authority to the same extent as would have been obtained had |
|
the services been rendered in a non-custodial environment. |
The sheriff or his or her designee may cause an |
application for medical assistance under the Illinois Public |
Aid Code to be completed for an arrestee who is a hospital |
inpatient. If such arrestee is determined eligible, he or she |
shall receive medical assistance under the Code for hospital |
inpatient services only. An arresting authority shall be |
responsible for any qualified medical expenses relating to the |
arrestee until such time as the arrestee is placed in the |
custody of the sheriff. However, the arresting authority shall |
not be so responsible if the arrest was made pursuant to a |
request by the sheriff. When medical expenses are required by |
any person held in custody, the county shall be entitled to |
obtain reimbursement from the County Jail Medical Costs Fund |
to the extent moneys are available from the Fund. To the extent |
that the person is reasonably able to pay for that care, |
including reimbursement from any insurance program or from |
other medical benefit programs available to the person, he or |
she shall reimburse the county. |
For the purposes of this Section, "arresting authority" |
means a unit of local government, other than a county, which |
employs peace officers and whose peace officers have made the |
arrest of a person. For the purposes of this Section, |
"qualified medical expenses" include medical and hospital |
services but do not include (i) expenses incurred for medical |
care or treatment provided to a person on account of a |
|
self-inflicted injury incurred prior to or in the course of an |
arrest, (ii) expenses incurred for medical care or treatment |
provided to a person on account of a health condition of that |
person which existed prior to the time of his or her arrest, or |
(iii) expenses for hospital inpatient services for arrestees |
enrolled for medical assistance under the Illinois Public Aid |
Code. |
(Source: P.A. 100-987, eff. 7-1-19 .)
|
(730 ILCS 125/17.5) |
Sec. 17.5. Pregnant committed persons female prisoners . |
Restraint of a pregnant or postpartum committed person shall |
comply with Section 3-15003.6 of the County Department of |
Corrections Law Notwithstanding any other statute, directive, |
or administrative regulation, when a pregnant female prisoner |
is brought to a hospital from a county jail for the purpose of |
delivering her baby, no handcuffs, shackles, or restraints of |
any kind may be used during her transport to a medical facility |
for the purpose of delivering her baby. Under no circumstances |
may leg irons or shackles or waist shackles be used on any |
pregnant female prisoner who is in labor. In addition, |
restraint of a pregnant female prisoner in the custody of the |
Cook County shall comply with Section 3-15003.6 of the |
Counties Code. Upon the pregnant female prisoner's entry to |
the hospital delivery room, 2 county correctional officers |
must be posted immediately outside the delivery room. The |
|
Sheriff must provide for adequate personnel to monitor the |
pregnant female prisoner during her transport to and from the |
hospital and during her stay at the hospital . |
(Source: P.A. 100-1051, eff. 1-1-19 .)
|
(730 ILCS 125/17.6) |
Sec. 17.6. Sheriff training related to pregnant committed |
persons prisoners . |
(a) The sheriff shall provide training relating to medical |
and mental health care issues applicable to pregnant committed |
persons prisoners confined in the county jail to: |
(1) each correctional officer employed by the sheriff |
at the county jail in which female committed persons are |
confined; and |
(2) any other sheriff employee whose duties involve |
contact with pregnant committed persons prisoners . |
(b) The training must include information regarding: |
(1) appropriate care for pregnant committed persons |
prisoners ; and |
(2) the impact on a pregnant committed person prisoner |
and the committed person's prisoner's unborn child of: |
(A) the use of restraints; |
(B) placement in administrative segregation; and |
(C) invasive searches. |
(Source: P.A. 101-652, eff. 7-1-21 .)
|
|
(730 ILCS 125/17.7) |
Sec. 17.7. Educational programming and information for |
pregnant committed persons prisoners . |
(a) The Illinois Department of Public Health shall provide |
the sheriff with educational programming relating to pregnancy |
and parenting and the sheriff shall provide the programming to |
pregnant committed persons prisoners . The programming must |
include instruction regarding: |
(1) appropriate prenatal care and hygiene; |
(2) the effects of prenatal exposure to alcohol and |
drugs on a developing fetus; |
(3) parenting skills; and |
(4) medical and mental health issues applicable to |
children. |
(b) Each sheriff shall provide informational materials |
concerning the laws pertaining to pregnant committed persons |
to any pregnant or postpartum individual. The Department of |
Public Health shall provide these informational materials to |
the warden or the sheriff at no cost to the county and the |
county may accept informational materials from community-based |
organizations specializing in the rights of pregnant committed |
persons. The informational materials must include information |
regarding: |
(1) the prohibition against the use of restraints; |
(2) rules concerning the treatment of pregnant |
committed persons, including those relating to bed height |
|
and supplemental nutrition; |
(3) the right to spend time with a child following |
delivery; |
(4) the requirement to provide educational |
programming; |
(5) all rights under the Reproductive Health Act; |
(6) the procedure for obtaining an abortion, if so |
desired; |
(7) the procedure for obtaining information about |
guardianship or adoption resources, if so desired; |
(8) any new or additional laws concerning the rights |
of pregnant committed persons; and |
(9) the address or contact information for community |
organizations specializing in the rights of pregnant |
committed persons for questions or concerns. |
(c) Each sheriff must also post informational flyers |
provided by the Department of Public Health wherever pregnant |
committed persons may be housed. |
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
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(730 ILCS 125/17.8) |
Sec. 17.8. Committed person postpartum Prisoner |
post-partum recovery requirements. The sheriff shall ensure |
that, for a period of 72 hours after the birth of an infant by |
a committed person prisoner : |
(1) the infant is allowed to remain with the committed |
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person prisoner , unless a medical professional determines |
doing so would pose a health or safety risk to the |
committed person prisoner or infant; and |
(2) the committed person prisoner has access to any |
nutritional or hygiene-related products necessary to care |
for the infant, including diapers. |
(Source: P.A. 101-652, eff. 7-1-21 .)
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(730 ILCS 125/17.9) |
Sec. 17.9. Housing requirements applicable to pregnant |
committed persons prisoners . |
(a) The sheriff may not place in administrative |
segregation a committed person prisoner who is pregnant or who |
gave birth during the preceding 30 days unless the sheriff or |
the sheriff's designee determines that the placement is |
necessary based on a reasonable belief that the committed |
person prisoner will harm herself, the committed person's |
prisoner's infant, or any other person or will attempt escape. |
(b) The sheriff may not assign a pregnant committed person |
to any bed that is elevated more than 3 feet above the floor. |
(Source: P.A. 101-652, eff. 7-1-21 .)
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(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 |
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officer at the jail, or a member of the jail medical staff must |
provide the committed person 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 committed person 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 committed person prisoner . |
(b) In Cook County, during the medical admissions exam, an |
employee of the Cook County Health & Hospitals System must |
provide the committed person prisoner with appropriate |
information in writing, verbally or by video or other |
electronic means concerning human immunodeficiency virus (HIV) |
and acquired immunodeficiency syndrome (AIDS) and must also |
provide the committed person 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 Cook County Health & Hospitals System may provide |
the inmate with opt-out human immunodeficiency virus (HIV) |
testing, as defined in Section 4 of the AIDS Confidentiality |
Act, unless the inmate refuses. If opt-out HIV testing is |
conducted, the Cook County Health & Hospitals System shall |
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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. |
Pre-test information shall be provided to the inmate and |
informed consent obtained from the inmate as required in |
subsection (q) of Section 3 and Section 5 of the AIDS |
Confidentiality Act. The Cook County Health & Hospitals System |
shall follow procedures established by the Department of |
Public Health to conduct HIV testing and testing to confirm |
positive HIV test results. All aspects of HIV testing shall |
comply with the requirements of the AIDS Confidentiality Act, |
including delivery of test results, as determined by the Cook |
County Health & Hospitals System in consultation with the |
Illinois Department of Public Health. Nothing in this Section |
shall require the Cook County Health & Hospitals System to |
offer HIV testing to inmates who are known to be infected with |
HIV. The Department of Public Health and community-based |
organizations certified to provide HIV/AIDS testing may |
provide these informational materials to the Bureau at no cost |
to the county. The testing provided under this subsection (b) |
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 |
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positive, a reliable supplemental 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. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11; |
97-813, eff. 7-13-12; 98-1046, eff. 1-1-15 .)
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(730 ILCS 125/17.11 new) |
Sec. 17.11. Supplemental nutrition during pregnancy or |
while lactating. A committed person who is pregnant or |
lactating, including a committed person who is nursing a baby |
or pumping breastmilk, shall be provided supplemental |
nutrition of at least 300 calories per day. This supplemental |
nutrition shall be in addition to any regularly provided food |
and shall be available outside of regular mealtimes.
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(730 ILCS 125/19) (from Ch. 75, par. 119) |
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Sec. 19. The Warden of the jail shall see that strict |
attention is constantly paid to the personal cleanliness of |
all committed persons prisoners confined in the jail. |
(Source: P.A. 83-1073.)
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(730 ILCS 125/19.5) |
Sec. 19.5. Release of committed persons prisoners to law |
enforcement personnel or State's Attorney. The sheriff may |
adopt and implement a written policy that provides for the |
release of a person who is in the custody of the sheriff for |
any criminal or supposed criminal matter to sworn law |
enforcement personnel or to the State's Attorney for the |
purpose of furthering investigations into criminal matters |
that are unrelated to the criminal matter for which the person |
is held in custody. The written policy must, at a minimum, |
require that there be a written request, signed by an |
authorized agent of the law enforcement agency or State's |
Attorney office, to take custody of the committed person |
prisoner and that the written request shall include the name |
of the individual authorized to take custody of the committed |
person prisoner , the purpose and scope of the criminal matter |
under investigation, and a statement of the fact that the |
individual taking custody and agency they are employed by |
understand the limitation of the sheriff's liability as |
described in this Act. Upon the release of a person to law |
enforcement personnel or the State's Attorney under written |
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policy of the sheriff, the sheriff shall not be liable for any |
injury of any kind, including but not limited to death, to |
either the person released or to any third party that occurs |
during the time period that the person is in custody of other |
law enforcement personnel or the State's Attorney unless the |
sheriff or a deputy sheriff, correctional guard, lockup |
keeper, or county employee is guilty of willful and wanton |
conduct that proximately caused the injury. |
(Source: P.A. 92-304, eff. 8-9-01.)
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(730 ILCS 125/20) (from Ch. 75, par. 120) |
Sec. 20. Cost and expense; commissary fund. |
(a) The cost and expense of keeping, maintaining and |
furnishing the jail of each county, and of keeping and |
maintaining the committed person prisoner thereof, except as |
otherwise provided by law, shall be paid from the county |
treasury, the account therefor being first settled and allowed |
by the county board. |
The county board may require convicted persons confined in |
its jail to reimburse the county for the expenses incurred by |
their incarceration to the extent of their ability to pay for |
such expenses. The warden of the jail shall establish by |
regulation criteria for a reasonable deduction from money |
credited to any account of an inmate to defray the costs to the |
county for an inmate's medical care. The State's Attorney of |
the county in which such jail is located may, if requested by |
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the County Board, institute civil actions in the circuit court |
of the county in which the jail is located to recover from such |
convicted confined persons the expenses incurred by their |
confinement. The funds recovered shall be paid into the county |
treasury. |
(a-5) Upon notification from the Clerk of the Circuit |
Court of an outstanding fine, restitution, or costs imposed by |
the court on a jail inmate, the warden of the jail may, at any |
time prior to release of the inmate, deduct from money |
credited to any account of the inmate an amount to pay or |
reduce the outstanding balance. The warden of the jail shall |
establish by regulation criteria for deduction from money |
credited to any account of an inmate to pay or reduce the |
amount outstanding on a fine, restitution, or costs imposed by |
the court on the inmate. The regulation shall comply with any |
withholding restrictions otherwise provided by law. The inmate |
shall be provided with written notice of the amount of any |
deduction. There shall also be prominent notice by signage at |
any location where the warden of the jail or jail employees |
receive funds for deposit into an inmate's account, that funds |
in an inmate's account may be used to pay fines, restitution, |
or costs imposed on the inmate by a court. Any person providing |
funds for an inmate's account shall be notified in writing |
when the funds are provided, that funds in an inmate's account |
may be used to pay fines, restitution, or costs imposed on the |
inmate by a court. |
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(b) When a committed person prisoner is released from the |
county jail after the completion of his or her sentence and has |
money credited to his or her account in the commissary fund, |
the sheriff or a person acting on the authority of the sheriff |
must mail a check in the amount credited to the committed |
person's prisoner's account to the committed person's |
prisoner's last known address. If after 30 days from the date |
of mailing of the check, the check is returned undelivered, |
the sheriff must transmit the amount of the check to the county |
treasurer for deposit into the commissary fund. Nothing in |
this subsection (b) constitutes a forfeiture of the committed |
person's prisoner's right to claim the money accredited to his |
or her account after the 30-day period. |
(Source: P.A. 96-432, eff. 8-13-09.)
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