Bill Text: IL HB5431 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Further amends the County Department of Corrections Law, the Health Care Violence Prevention Act, and the County Jail Act to replace use of "prisoner" with "committed person". In the County Department of Corrections Law, the Unified Code of Corrections, and the County Jail Law, requires the Department of Public Health to provide the flyers that must be provided to pregnant committed persons, and provides that, when a person with a uterus is committed to a county jail or State correctional facility, the person shall take a pregnancy test. In the County Department of Corrections Law and the Unified Code of Corrections: (i) provides that reports a sheriff, the Department of Corrections, and the Department of Juvenile Justice must submit under the provisions must be provided to the Jail and Detention Standards Unit of the Department of Corrections (removing the requirement to submit the report to the General Assembly and the Office of the Governor in the County Department of Corrections Law); (ii) modifies the reporting requirements; (iii) and provides that other qualified medical professionals (in addition to a physician, advanced practice registered nurse, or physician assistant) may determine that the postpartum period is longer than 6 weeks. In the County Department of Corrections Law, defines "participant" as an individual placed into an electronic monitoring program and makes conforming changes. Makes other changes.

Spectrum: Partisan Bill (Democrat 57-2)

Status: (Passed) 2024-08-02 - Public Act . . . . . . . . . 103-0745 [HB5431 Detail]

Download: Illinois-2023-HB5431-Engrossed.html

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HB5431 Engrossed LRB103 39388 AWJ 69563 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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:
(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.)
(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.)
(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.)
(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.)
(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.)
(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.
(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.
Section 10. The Health Care Violence Prevention Act is
amended by changing Section 30 as follows:
(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.)
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:
(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.
(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

HB5431 Engrossed - 22 - LRB103 39388 AWJ 69563 b
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

HB5431 Engrossed - 24 - LRB103 39388 AWJ 69563 b
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

HB5431 Engrossed - 25 - LRB103 39388 AWJ 69563 b
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

HB5431 Engrossed - 26 - LRB103 39388 AWJ 69563 b
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

HB5431 Engrossed - 27 - LRB103 39388 AWJ 69563 b
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

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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:

HB5431 Engrossed - 29 - LRB103 39388 AWJ 69563 b
(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

HB5431 Engrossed - 30 - LRB103 39388 AWJ 69563 b
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

HB5431 Engrossed - 31 - LRB103 39388 AWJ 69563 b
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

HB5431 Engrossed - 32 - LRB103 39388 AWJ 69563 b
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.)

HB5431 Engrossed - 33 - LRB103 39388 AWJ 69563 b
(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

HB5431 Engrossed - 34 - LRB103 39388 AWJ 69563 b
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

HB5431 Engrossed - 35 - LRB103 39388 AWJ 69563 b
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

HB5431 Engrossed - 36 - LRB103 39388 AWJ 69563 b
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

HB5431 Engrossed - 37 - LRB103 39388 AWJ 69563 b
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

HB5431 Engrossed - 38 - LRB103 39388 AWJ 69563 b
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;

HB5431 Engrossed - 39 - LRB103 39388 AWJ 69563 b
(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;

HB5431 Engrossed - 40 - LRB103 39388 AWJ 69563 b
(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

HB5431 Engrossed - 41 - LRB103 39388 AWJ 69563 b
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.)

HB5431 Engrossed - 42 - LRB103 39388 AWJ 69563 b
(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

HB5431 Engrossed - 43 - LRB103 39388 AWJ 69563 b
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

HB5431 Engrossed - 44 - LRB103 39388 AWJ 69563 b
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

HB5431 Engrossed - 45 - LRB103 39388 AWJ 69563 b
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.)

HB5431 Engrossed - 46 - LRB103 39388 AWJ 69563 b
(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

HB5431 Engrossed - 47 - LRB103 39388 AWJ 69563 b
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.)
(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.)
(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.)
(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.)
(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.
(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.)
(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.)
(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.)
(730 ILCS 125/21) (from Ch. 75, par. 121)
Sec. 21. 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 safekeeping 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.

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