Illinois 2023-2024 Regular Session

Illinois House Bill HB1092 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1092 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-6-2 from Ch. 38, par. 1003-6-2 730 ILCS 5/3-10-2 from Ch. 38, par. 1003-10-2 Amends the Unified Code of Corrections. Provides that the Department of Corrections shall provide educational programs in each of its institutions and facilities for all committed persons. Provides that the Department must allow into each institution and facility of the Department teachers who hold Professional Educator Licenses issued by the State Superintendent of Education under the School Code to teach committed persons. Provides that the Department shall provide vocational training for committed persons in each institution and facility of the Department. Provides that each institution and facility of the Department of Juvenile Justice shall provide educational and vocational training for all persons committed to the Department. Effective immediately. LRB103 04846 RLC 49856 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1092 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-6-2 from Ch. 38, par. 1003-6-2 730 ILCS 5/3-10-2 from Ch. 38, par. 1003-10-2 730 ILCS 5/3-6-2 from Ch. 38, par. 1003-6-2 730 ILCS 5/3-10-2 from Ch. 38, par. 1003-10-2 Amends the Unified Code of Corrections. Provides that the Department of Corrections shall provide educational programs in each of its institutions and facilities for all committed persons. Provides that the Department must allow into each institution and facility of the Department teachers who hold Professional Educator Licenses issued by the State Superintendent of Education under the School Code to teach committed persons. Provides that the Department shall provide vocational training for committed persons in each institution and facility of the Department. Provides that each institution and facility of the Department of Juvenile Justice shall provide educational and vocational training for all persons committed to the Department. Effective immediately. LRB103 04846 RLC 49856 b LRB103 04846 RLC 49856 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1092 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
33 730 ILCS 5/3-6-2 from Ch. 38, par. 1003-6-2 730 ILCS 5/3-10-2 from Ch. 38, par. 1003-10-2 730 ILCS 5/3-6-2 from Ch. 38, par. 1003-6-2 730 ILCS 5/3-10-2 from Ch. 38, par. 1003-10-2
44 730 ILCS 5/3-6-2 from Ch. 38, par. 1003-6-2
55 730 ILCS 5/3-10-2 from Ch. 38, par. 1003-10-2
66 Amends the Unified Code of Corrections. Provides that the Department of Corrections shall provide educational programs in each of its institutions and facilities for all committed persons. Provides that the Department must allow into each institution and facility of the Department teachers who hold Professional Educator Licenses issued by the State Superintendent of Education under the School Code to teach committed persons. Provides that the Department shall provide vocational training for committed persons in each institution and facility of the Department. Provides that each institution and facility of the Department of Juvenile Justice shall provide educational and vocational training for all persons committed to the Department. Effective immediately.
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1212 1 AN ACT concerning criminal law.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Unified Code of Corrections is amended by
1616 5 changing Sections 3-6-2 and 3-10-2 as follows:
1717 6 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
1818 7 Sec. 3-6-2. Institutions and facility administration.
1919 8 (a) Each institution and facility of the Department shall
2020 9 be administered by a chief administrative officer appointed by
2121 10 the Director. A chief administrative officer shall be
2222 11 responsible for all persons assigned to the institution or
2323 12 facility. The chief administrative officer shall administer
2424 13 the programs of the Department for the custody and treatment
2525 14 of such persons.
2626 15 (b) The chief administrative officer shall have such
2727 16 assistants as the Department may assign.
2828 17 (c) The Director or Assistant Director shall have the
2929 18 emergency powers to temporarily transfer individuals without
3030 19 formal procedures to any State, county, municipal or regional
3131 20 correctional or detention institution or facility in the
3232 21 State, subject to the acceptance of such receiving institution
3333 22 or facility, or to designate any reasonably secure place in
3434 23 the State as such an institution or facility and to make
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1092 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
3939 730 ILCS 5/3-6-2 from Ch. 38, par. 1003-6-2 730 ILCS 5/3-10-2 from Ch. 38, par. 1003-10-2 730 ILCS 5/3-6-2 from Ch. 38, par. 1003-6-2 730 ILCS 5/3-10-2 from Ch. 38, par. 1003-10-2
4040 730 ILCS 5/3-6-2 from Ch. 38, par. 1003-6-2
4141 730 ILCS 5/3-10-2 from Ch. 38, par. 1003-10-2
4242 Amends the Unified Code of Corrections. Provides that the Department of Corrections shall provide educational programs in each of its institutions and facilities for all committed persons. Provides that the Department must allow into each institution and facility of the Department teachers who hold Professional Educator Licenses issued by the State Superintendent of Education under the School Code to teach committed persons. Provides that the Department shall provide vocational training for committed persons in each institution and facility of the Department. Provides that each institution and facility of the Department of Juvenile Justice shall provide educational and vocational training for all persons committed to the Department. Effective immediately.
4343 LRB103 04846 RLC 49856 b LRB103 04846 RLC 49856 b
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7171 1 transfers thereto. However, transfers made under emergency
7272 2 powers shall be reviewed as soon as practicable under Article
7373 3 8, and shall be subject to Section 5-905 of the Juvenile Court
7474 4 Act of 1987. This Section shall not apply to transfers to the
7575 5 Department of Human Services which are provided for under
7676 6 Section 3-8-5 or Section 3-10-5.
7777 7 (d) The Department of Juvenile Justice shall provide
7878 8 educational programs in each of its institutions and
7979 9 facilities for all committed youth so that all youth have an
8080 10 opportunity to attain the achievement level equivalent to the
8181 11 completion of the twelfth grade in the public school system in
8282 12 this State. Other higher levels of attainment shall be
8383 13 encouraged and professional instruction shall be maintained
8484 14 wherever possible. The Department must allow into each
8585 15 institution and facility of the Department teachers who hold
8686 16 Professional Educator Licenses issued by the State
8787 17 Superintendent of Education under the School Code to teach
8888 18 committed persons. The Department may establish programs of
8989 19 mandatory education and may establish rules and regulations
9090 20 for the administration of such programs. A person committed to
9191 21 the Department of Corrections who, during the period of his or
9292 22 her incarceration, participates in an educational program
9393 23 provided by or through the Department of Corrections and
9494 24 through that program is awarded or earns the number of hours of
9595 25 credit required for the award of an associate, baccalaureate,
9696 26 or higher degree from a community college, college, or
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107107 1 university located in Illinois shall reimburse the State,
108108 2 through the Department of Corrections, for the costs incurred
109109 3 by the State in providing that person during his or her
110110 4 incarceration with the education that qualifies him or her for
111111 5 the award of that degree. The costs for which reimbursement is
112112 6 required under this subsection shall be determined and
113113 7 computed by the Department of Corrections under rules and
114114 8 regulations that it shall establish for that purpose. However,
115115 9 interest at the rate of 6% per annum shall be charged on the
116116 10 balance of those costs from time to time remaining unpaid,
117117 11 from the date of the person's parole, mandatory supervised
118118 12 release, or release constituting a final termination of his or
119119 13 her commitment to the Department of Corrections until paid.
120120 14 (d-1) The Department shall provide vocational training for
121121 15 committed persons in each institution and facility of the
122122 16 Department.
123123 17 (d-5) A person committed to the Department is entitled to
124124 18 confidential testing for infection with human immunodeficiency
125125 19 virus (HIV) and to counseling in connection with such testing,
126126 20 with no copay to the committed person. A person committed to
127127 21 the Department who has tested positive for infection with HIV
128128 22 is entitled to medical care while incarcerated, counseling,
129129 23 and referrals to support services, in connection with that
130130 24 positive test result. Implementation of this subsection (d-5)
131131 25 is subject to appropriation.
132132 26 (e) A person committed to the Department who becomes in
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143143 1 need of medical or surgical treatment but is incapable of
144144 2 giving consent thereto shall receive such medical or surgical
145145 3 treatment by the chief administrative officer consenting on
146146 4 the person's behalf. Before the chief administrative officer
147147 5 consents, he or she shall obtain the advice of one or more
148148 6 physicians licensed to practice medicine in all its branches
149149 7 in this State. If such physician or physicians advise:
150150 8 (1) that immediate medical or surgical treatment is
151151 9 required relative to a condition threatening to cause
152152 10 death, damage or impairment to bodily functions, or
153153 11 disfigurement; and
154154 12 (2) that the person is not capable of giving consent
155155 13 to such treatment; the chief administrative officer may
156156 14 give consent for such medical or surgical treatment, and
157157 15 such consent shall be deemed to be the consent of the
158158 16 person for all purposes, including, but not limited to,
159159 17 the authority of a physician to give such treatment.
160160 18 (e-5) If a physician providing medical care to a committed
161161 19 person on behalf of the Department advises the chief
162162 20 administrative officer that the committed person's mental or
163163 21 physical health has deteriorated as a result of the cessation
164164 22 of ingestion of food or liquid to the point where medical or
165165 23 surgical treatment is required to prevent death, damage, or
166166 24 impairment to bodily functions, the chief administrative
167167 25 officer may authorize such medical or surgical treatment.
168168 26 (f) In the event that the person requires medical care and
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179179 1 treatment at a place other than the institution or facility,
180180 2 the person may be removed therefrom under conditions
181181 3 prescribed by the Department. Neither the Department of
182182 4 Corrections nor the Department of Juvenile Justice may require
183183 5 a committed person or person committed to any facility
184184 6 operated by the Department of Juvenile Justice, as set forth
185185 7 in Section 3-2.5-15 of this Code, to pay any co-payment for
186186 8 receiving medical or dental services.
187187 9 (f-5) The Department shall comply with the Health Care
188188 10 Violence Prevention Act.
189189 11 (g) Any person having sole custody of a child at the time
190190 12 of commitment or any woman giving birth to a child after her
191191 13 commitment, may arrange through the Department of Children and
192192 14 Family Services for suitable placement of the child outside of
193193 15 the Department of Corrections. The Director of the Department
194194 16 of Corrections may determine that there are special reasons
195195 17 why the child should continue in the custody of the mother
196196 18 until the child is 6 years old.
197197 19 (h) The Department may provide Family Responsibility
198198 20 Services which may consist of, but not be limited to the
199199 21 following:
200200 22 (1) family advocacy counseling;
201201 23 (2) parent self-help group;
202202 24 (3) parenting skills training;
203203 25 (4) parent and child overnight program;
204204 26 (5) parent and child reunification counseling, either
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215215 1 separately or together, preceding the inmate's release;
216216 2 and
217217 3 (6) a prerelease reunification staffing involving the
218218 4 family advocate, the inmate and the child's counselor, or
219219 5 both and the inmate.
220220 6 (i) (Blank).
221221 7 (j) Any person convicted of a sex offense as defined in the
222222 8 Sex Offender Management Board Act shall be required to receive
223223 9 a sex offender evaluation prior to release into the community
224224 10 from the Department of Corrections. The sex offender
225225 11 evaluation shall be conducted in conformance with the
226226 12 standards and guidelines developed under the Sex Offender
227227 13 Management Board Act and by an evaluator approved by the
228228 14 Board.
229229 15 (k) Any minor committed to the Department of Juvenile
230230 16 Justice for a sex offense as defined by the Sex Offender
231231 17 Management Board Act shall be required to undergo sex offender
232232 18 treatment by a treatment provider approved by the Board and
233233 19 conducted in conformance with the Sex Offender Management
234234 20 Board Act.
235235 21 (l) Prior to the release of any inmate committed to a
236236 22 facility of the Department or the Department of Juvenile
237237 23 Justice, the Department must provide the inmate with
238238 24 appropriate information verbally, in writing, by video, or
239239 25 other electronic means, concerning HIV and AIDS. The
240240 26 Department shall develop the informational materials in
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251251 1 consultation with the Department of Public Health. At the same
252252 2 time, the Department must also offer the committed person the
253253 3 option of testing for infection with human immunodeficiency
254254 4 virus (HIV), with no copayment for the test. Pre-test
255255 5 information shall be provided to the committed person and
256256 6 informed consent obtained as required in subsection (d) of
257257 7 Section 3 and Section 5 of the AIDS Confidentiality Act. The
258258 8 Department may conduct opt-out HIV testing as defined in
259259 9 Section 4 of the AIDS Confidentiality Act. If the Department
260260 10 conducts opt-out HIV testing, the Department shall place signs
261261 11 in English, Spanish and other languages as needed in multiple,
262262 12 highly visible locations in the area where HIV testing is
263263 13 conducted informing inmates that they will be tested for HIV
264264 14 unless they refuse, and refusal or acceptance of testing shall
265265 15 be documented in the inmate's medical record. The Department
266266 16 shall follow procedures established by the Department of
267267 17 Public Health to conduct HIV testing and testing to confirm
268268 18 positive HIV test results. All testing must be conducted by
269269 19 medical personnel, but pre-test and other information may be
270270 20 provided by committed persons who have received appropriate
271271 21 training. The Department, in conjunction with the Department
272272 22 of Public Health, shall develop a plan that complies with the
273273 23 AIDS Confidentiality Act to deliver confidentially all
274274 24 positive or negative HIV test results to inmates or former
275275 25 inmates. Nothing in this Section shall require the Department
276276 26 to offer HIV testing to an inmate who is known to be infected
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287287 1 with HIV, or who has been tested for HIV within the previous
288288 2 180 days and whose documented HIV test result is available to
289289 3 the Department electronically. The testing provided under this
290290 4 subsection (l) shall consist of a test approved by the
291291 5 Illinois Department of Public Health to determine the presence
292292 6 of HIV infection, based upon recommendations of the United
293293 7 States Centers for Disease Control and Prevention. If the test
294294 8 result is positive, a reliable supplemental test based upon
295295 9 recommendations of the United States Centers for Disease
296296 10 Control and Prevention shall be administered.
297297 11 Prior to the release of an inmate who the Department knows
298298 12 has tested positive for infection with HIV, the Department in
299299 13 a timely manner shall offer the inmate transitional case
300300 14 management, including referrals to other support services.
301301 15 (m) The chief administrative officer of each institution
302302 16 or facility of the Department shall make a room in the
303303 17 institution or facility available for substance use disorder
304304 18 services to be provided to committed persons on a voluntary
305305 19 basis. The services shall be provided for one hour once a week
306306 20 at a time specified by the chief administrative officer of the
307307 21 institution or facility if the following conditions are met:
308308 22 (1) the substance use disorder service contacts the
309309 23 chief administrative officer to arrange the meeting;
310310 24 (2) the committed person may attend the meeting for
311311 25 substance use disorder services only if the committed
312312 26 person uses pre-existing free time already available to
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323323 1 the committed person;
324324 2 (3) all disciplinary and other rules of the
325325 3 institution or facility remain in effect;
326326 4 (4) the committed person is not given any additional
327327 5 privileges to attend substance use disorder services;
328328 6 (5) if the substance use disorder service does not
329329 7 arrange for scheduling a meeting for that week, no
330330 8 substance use disorder services shall be provided to the
331331 9 committed person in the institution or facility for that
332332 10 week;
333333 11 (6) the number of committed persons who may attend a
334334 12 substance use disorder meeting shall not exceed 40 during
335335 13 any session held at the correctional institution or
336336 14 facility;
337337 15 (7) a volunteer seeking to provide substance use
338338 16 disorder services under this subsection (m) must submit an
339339 17 application to the Department of Corrections under
340340 18 existing Department rules and the Department must review
341341 19 the application within 60 days after submission of the
342342 20 application to the Department; and
343343 21 (8) each institution and facility of the Department
344344 22 shall manage the substance use disorder services program
345345 23 according to its own processes and procedures.
346346 24 For the purposes of this subsection (m), "substance use
347347 25 disorder services" means recovery services for persons with
348348 26 substance use disorders provided by volunteers of recovery
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359359 1 support services recognized by the Department of Human
360360 2 Services.
361361 3 (Source: P.A. 101-81, eff. 7-12-19; 101-86, eff. 1-1-20;
362362 4 102-350, eff. 8-13-21.)
363363 5 (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
364364 6 Sec. 3-10-2. Examination of persons committed to the
365365 7 Department of Juvenile Justice.
366366 8 (a) A person committed to the Department of Juvenile
367367 9 Justice shall be examined in regard to his medical,
368368 10 psychological, social, educational and vocational condition
369369 11 and history, including the use of alcohol and other drugs, the
370370 12 circumstances of his offense and any other information as the
371371 13 Department of Juvenile Justice may determine.
372372 14 (a-5) Upon admission of a person committed to the
373373 15 Department of Juvenile Justice, the Department of Juvenile
374374 16 Justice must provide the person with appropriate information
375375 17 concerning HIV and AIDS in writing, verbally, or by video or
376376 18 other electronic means. The Department of Juvenile Justice
377377 19 shall develop the informational materials in consultation with
378378 20 the Department of Public Health. At the same time, the
379379 21 Department of Juvenile Justice also must offer the person the
380380 22 option of being tested, at no charge to the person, for
381381 23 infection with human immunodeficiency virus (HIV). Pre-test
382382 24 information shall be provided to the committed person and
383383 25 informed consent obtained as required in subsection (q) of
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394394 1 Section 3 and Section 5 of the AIDS Confidentiality Act. The
395395 2 Department of Juvenile Justice may conduct opt-out HIV testing
396396 3 as defined in Section 4 of the AIDS Confidentiality Act. If the
397397 4 Department conducts opt-out HIV testing, the Department shall
398398 5 place signs in English, Spanish and other languages as needed
399399 6 in multiple, highly visible locations in the area where HIV
400400 7 testing is conducted informing inmates that they will be
401401 8 tested for HIV unless they refuse, and refusal or acceptance
402402 9 of testing shall be documented in the inmate's medical record.
403403 10 The Department shall follow procedures established by the
404404 11 Department of Public Health to conduct HIV testing and testing
405405 12 to confirm positive HIV test results. All testing must be
406406 13 conducted by medical personnel, but pre-test and other
407407 14 information may be provided by committed persons who have
408408 15 received appropriate training. The Department, in conjunction
409409 16 with the Department of Public Health, shall develop a plan
410410 17 that complies with the AIDS Confidentiality Act to deliver
411411 18 confidentially all positive or negative HIV test results to
412412 19 inmates or former inmates. Nothing in this Section shall
413413 20 require the Department to offer HIV testing to an inmate who is
414414 21 known to be infected with HIV, or who has been tested for HIV
415415 22 within the previous 180 days and whose documented HIV test
416416 23 result is available to the Department electronically. The
417417 24 testing provided under this subsection (a-5) shall consist of
418418 25 a test approved by the Illinois Department of Public Health to
419419 26 determine the presence of HIV infection, based upon
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430430 1 recommendations of the United States Centers for Disease
431431 2 Control and Prevention. If the test result is positive, a
432432 3 reliable supplemental test based upon recommendations of the
433433 4 United States Centers for Disease Control and Prevention shall
434434 5 be administered.
435435 6 Also, upon the admission of a person committed to the
436436 7 Department of Juvenile Justice, the Department of Juvenile
437437 8 Justice must inform the person of the Department's obligation
438438 9 to provide the person with medical care.
439439 10 (b) Based on its examination, the Department of Juvenile
440440 11 Justice may exercise the following powers in developing a
441441 12 treatment program of any person committed to the Department of
442442 13 Juvenile Justice:
443443 14 (1) Require participation by him in vocational,
444444 15 physical, educational and corrective training and
445445 16 activities to return him to the community.
446446 17 (2) Place him in any institution or facility of the
447447 18 Department of Juvenile Justice.
448448 19 (3) Order replacement or referral to the Parole and
449449 20 Pardon Board as often as it deems desirable. The
450450 21 Department of Juvenile Justice shall refer the person to
451451 22 the Parole and Pardon Board as required under Section
452452 23 3-3-4.
453453 24 (4) Enter into agreements with the Secretary of Human
454454 25 Services and the Director of Children and Family Services,
455455 26 with courts having probation officers, and with private
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466466 1 agencies or institutions for separate care or special
467467 2 treatment of persons subject to the control of the
468468 3 Department of Juvenile Justice.
469469 4 (c) The Department of Juvenile Justice shall make periodic
470470 5 reexamination of all persons under the control of the
471471 6 Department of Juvenile Justice to determine whether existing
472472 7 orders in individual cases should be modified or continued.
473473 8 This examination shall be made with respect to every person at
474474 9 least once annually.
475475 10 (d) A record of the treatment decision, including any
476476 11 modification thereof and the reason therefor, shall be part of
477477 12 the committed person's master record file.
478478 13 (e) The Department of Juvenile Justice shall by regular
479479 14 mail and telephone or electronic message notify the parent,
480480 15 guardian, or nearest relative of any person committed to the
481481 16 Department of Juvenile Justice of his or her physical location
482482 17 and any change of his or her physical location.
483483 18 (f) Each institution and facility of the Department of
484484 19 Juvenile Justice shall provide educational and vocational
485485 20 training for all persons committed to the Department.
486486 21 (Source: P.A. 100-19, eff. 1-1-18; 100-700, eff. 8-3-18;
487487 22 101-81, eff. 7-12-19.)
488488 23 Section 99. Effective date. This Act takes effect upon
489489 24 becoming law.
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