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
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
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.
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LRB103 04846 RLC 49856 b
A BILL FOR
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HB1092 LRB103 04846 RLC 49856 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5 changing Sections 3-6-2 and 3-10-2 as follows:
6 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
7 Sec. 3-6-2. Institutions and facility administration.
8 (a) Each institution and facility of the Department shall
9 be administered by a chief administrative officer appointed by
10 the Director. A chief administrative officer shall be
11 responsible for all persons assigned to the institution or
12 facility. The chief administrative officer shall administer
13 the programs of the Department for the custody and treatment
14 of such persons.
15 (b) The chief administrative officer shall have such
16 assistants as the Department may assign.
17 (c) The Director or Assistant Director shall have the
18 emergency powers to temporarily transfer individuals without
19 formal procedures to any State, county, municipal or regional
20 correctional or detention institution or facility in the
21 State, subject to the acceptance of such receiving institution
22 or facility, or to designate any reasonably secure place in
23 the State as such an institution or facility and to make
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
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
LRB103 04846 RLC 49856 b
A BILL FOR
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
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1 transfers thereto. However, transfers made under emergency
2 powers shall be reviewed as soon as practicable under Article
3 8, and shall be subject to Section 5-905 of the Juvenile Court
4 Act of 1987. This Section shall not apply to transfers to the
5 Department of Human Services which are provided for under
6 Section 3-8-5 or Section 3-10-5.
7 (d) The Department of Juvenile Justice shall provide
8 educational programs in each of its institutions and
9 facilities for all committed youth so that all youth have an
10 opportunity to attain the achievement level equivalent to the
11 completion of the twelfth grade in the public school system in
12 this State. Other higher levels of attainment shall be
13 encouraged and professional instruction shall be maintained
14 wherever possible. The Department must allow into each
15 institution and facility of the Department teachers who hold
16 Professional Educator Licenses issued by the State
17 Superintendent of Education under the School Code to teach
18 committed persons. The Department may establish programs of
19 mandatory education and may establish rules and regulations
20 for the administration of such programs. A person committed to
21 the Department of Corrections who, during the period of his or
22 her incarceration, participates in an educational program
23 provided by or through the Department of Corrections and
24 through that program is awarded or earns the number of hours of
25 credit required for the award of an associate, baccalaureate,
26 or higher degree from a community college, college, or
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1 university located in Illinois shall reimburse the State,
2 through the Department of Corrections, for the costs incurred
3 by the State in providing that person during his or her
4 incarceration with the education that qualifies him or her for
5 the award of that degree. The costs for which reimbursement is
6 required under this subsection shall be determined and
7 computed by the Department of Corrections under rules and
8 regulations that it shall establish for that purpose. However,
9 interest at the rate of 6% per annum shall be charged on the
10 balance of those costs from time to time remaining unpaid,
11 from the date of the person's parole, mandatory supervised
12 release, or release constituting a final termination of his or
13 her commitment to the Department of Corrections until paid.
14 (d-1) The Department shall provide vocational training for
15 committed persons in each institution and facility of the
16 Department.
17 (d-5) A person committed to the Department is entitled to
18 confidential testing for infection with human immunodeficiency
19 virus (HIV) and to counseling in connection with such testing,
20 with no copay to the committed person. A person committed to
21 the Department who has tested positive for infection with HIV
22 is entitled to medical care while incarcerated, counseling,
23 and referrals to support services, in connection with that
24 positive test result. Implementation of this subsection (d-5)
25 is subject to appropriation.
26 (e) A person committed to the Department who becomes in
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1 need of medical or surgical treatment but is incapable of
2 giving consent thereto shall receive such medical or surgical
3 treatment by the chief administrative officer consenting on
4 the person's behalf. Before the chief administrative officer
5 consents, he or she shall obtain the advice of one or more
6 physicians licensed to practice medicine in all its branches
7 in this State. If such physician or physicians advise:
8 (1) that immediate medical or surgical treatment is
9 required relative to a condition threatening to cause
10 death, damage or impairment to bodily functions, or
11 disfigurement; and
12 (2) that the person is not capable of giving consent
13 to such treatment; the chief administrative officer may
14 give consent for such medical or surgical treatment, and
15 such consent shall be deemed to be the consent of the
16 person for all purposes, including, but not limited to,
17 the authority of a physician to give such treatment.
18 (e-5) If a physician providing medical care to a committed
19 person on behalf of the Department advises the chief
20 administrative officer that the committed person's mental or
21 physical health has deteriorated as a result of the cessation
22 of ingestion of food or liquid to the point where medical or
23 surgical treatment is required to prevent death, damage, or
24 impairment to bodily functions, the chief administrative
25 officer may authorize such medical or surgical treatment.
26 (f) In the event that the person requires medical care and
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1 treatment at a place other than the institution or facility,
2 the person may be removed therefrom under conditions
3 prescribed by the Department. Neither the Department of
4 Corrections nor the Department of Juvenile Justice may require
5 a committed person or person committed to any facility
6 operated by the Department of Juvenile Justice, as set forth
7 in Section 3-2.5-15 of this Code, to pay any co-payment for
8 receiving medical or dental services.
9 (f-5) The Department shall comply with the Health Care
10 Violence Prevention Act.
11 (g) Any person having sole custody of a child at the time
12 of commitment or any woman giving birth to a child after her
13 commitment, may arrange through the Department of Children and
14 Family Services for suitable placement of the child outside of
15 the Department of Corrections. The Director of the Department
16 of Corrections may determine that there are special reasons
17 why the child should continue in the custody of the mother
18 until the child is 6 years old.
19 (h) The Department may provide Family Responsibility
20 Services which may consist of, but not be limited to the
21 following:
22 (1) family advocacy counseling;
23 (2) parent self-help group;
24 (3) parenting skills training;
25 (4) parent and child overnight program;
26 (5) parent and child reunification counseling, either
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1 separately or together, preceding the inmate's release;
2 and
3 (6) a prerelease reunification staffing involving the
4 family advocate, the inmate and the child's counselor, or
5 both and the inmate.
6 (i) (Blank).
7 (j) Any person convicted of a sex offense as defined in the
8 Sex Offender Management Board Act shall be required to receive
9 a sex offender evaluation prior to release into the community
10 from the Department of Corrections. The sex offender
11 evaluation shall be conducted in conformance with the
12 standards and guidelines developed under the Sex Offender
13 Management Board Act and by an evaluator approved by the
14 Board.
15 (k) Any minor committed to the Department of Juvenile
16 Justice for a sex offense as defined by the Sex Offender
17 Management Board Act shall be required to undergo sex offender
18 treatment by a treatment provider approved by the Board and
19 conducted in conformance with the Sex Offender Management
20 Board Act.
21 (l) Prior to the release of any inmate committed to a
22 facility of the Department or the Department of Juvenile
23 Justice, the Department must provide the inmate with
24 appropriate information verbally, in writing, by video, or
25 other electronic means, concerning HIV and AIDS. The
26 Department shall develop the informational materials in
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1 consultation with the Department of Public Health. At the same
2 time, the Department must also offer the committed person the
3 option of testing for infection with human immunodeficiency
4 virus (HIV), with no copayment for the test. Pre-test
5 information shall be provided to the committed person and
6 informed consent obtained as required in subsection (d) of
7 Section 3 and Section 5 of the AIDS Confidentiality Act. The
8 Department may conduct opt-out HIV testing as defined in
9 Section 4 of the AIDS Confidentiality Act. If the Department
10 conducts opt-out HIV testing, the Department shall place signs
11 in English, Spanish and other languages as needed in multiple,
12 highly visible locations in the area where HIV testing is
13 conducted informing inmates that they will be tested for HIV
14 unless they refuse, and refusal or acceptance of testing shall
15 be documented in the inmate's medical record. The Department
16 shall follow procedures established by the Department of
17 Public Health to conduct HIV testing and testing to confirm
18 positive HIV test results. All testing must be conducted by
19 medical personnel, but pre-test and other information may be
20 provided by committed persons who have received appropriate
21 training. The Department, in conjunction with the Department
22 of Public Health, shall develop a plan that complies with the
23 AIDS Confidentiality Act to deliver confidentially all
24 positive or negative HIV test results to inmates or former
25 inmates. Nothing in this Section shall require the Department
26 to offer HIV testing to an inmate who is known to be infected
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1 with HIV, or who has been tested for HIV within the previous
2 180 days and whose documented HIV test result is available to
3 the Department electronically. The testing provided under this
4 subsection (l) shall consist of a test approved by the
5 Illinois Department of Public Health to determine the presence
6 of HIV infection, based upon recommendations of the United
7 States Centers for Disease Control and Prevention. If the test
8 result is positive, a reliable supplemental test based upon
9 recommendations of the United States Centers for Disease
10 Control and Prevention shall be administered.
11 Prior to the release of an inmate who the Department knows
12 has tested positive for infection with HIV, the Department in
13 a timely manner shall offer the inmate transitional case
14 management, including referrals to other support services.
15 (m) The chief administrative officer of each institution
16 or facility of the Department shall make a room in the
17 institution or facility available for substance use disorder
18 services to be provided to committed persons on a voluntary
19 basis. The services shall be provided for one hour once a week
20 at a time specified by the chief administrative officer of the
21 institution or facility if the following conditions are met:
22 (1) the substance use disorder service contacts the
23 chief administrative officer to arrange the meeting;
24 (2) the committed person may attend the meeting for
25 substance use disorder services only if the committed
26 person uses pre-existing free time already available to
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1 the committed person;
2 (3) all disciplinary and other rules of the
3 institution or facility remain in effect;
4 (4) the committed person is not given any additional
5 privileges to attend substance use disorder services;
6 (5) if the substance use disorder service does not
7 arrange for scheduling a meeting for that week, no
8 substance use disorder services shall be provided to the
9 committed person in the institution or facility for that
10 week;
11 (6) the number of committed persons who may attend a
12 substance use disorder meeting shall not exceed 40 during
13 any session held at the correctional institution or
14 facility;
15 (7) a volunteer seeking to provide substance use
16 disorder services under this subsection (m) must submit an
17 application to the Department of Corrections under
18 existing Department rules and the Department must review
19 the application within 60 days after submission of the
20 application to the Department; and
21 (8) each institution and facility of the Department
22 shall manage the substance use disorder services program
23 according to its own processes and procedures.
24 For the purposes of this subsection (m), "substance use
25 disorder services" means recovery services for persons with
26 substance use disorders provided by volunteers of recovery
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1 support services recognized by the Department of Human
2 Services.
3 (Source: P.A. 101-81, eff. 7-12-19; 101-86, eff. 1-1-20;
4 102-350, eff. 8-13-21.)
5 (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
6 Sec. 3-10-2. Examination of persons committed to the
7 Department of Juvenile Justice.
8 (a) A person committed to the Department of Juvenile
9 Justice shall be examined in regard to his medical,
10 psychological, social, educational and vocational condition
11 and history, including the use of alcohol and other drugs, the
12 circumstances of his offense and any other information as the
13 Department of Juvenile Justice may determine.
14 (a-5) Upon admission of a person committed to the
15 Department of Juvenile Justice, the Department of Juvenile
16 Justice must provide the person with appropriate information
17 concerning HIV and AIDS in writing, verbally, or by video or
18 other electronic means. The Department of Juvenile Justice
19 shall develop the informational materials in consultation with
20 the Department of Public Health. At the same time, the
21 Department of Juvenile Justice also must offer the person the
22 option of being tested, at no charge to the person, for
23 infection with human immunodeficiency virus (HIV). Pre-test
24 information shall be provided to the committed person and
25 informed consent obtained as required in subsection (q) of
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1 Section 3 and Section 5 of the AIDS Confidentiality Act. The
2 Department of Juvenile Justice may conduct opt-out HIV testing
3 as defined in Section 4 of the AIDS Confidentiality Act. If the
4 Department conducts opt-out HIV testing, the Department shall
5 place signs in English, Spanish and other languages as needed
6 in multiple, highly visible locations in the area where HIV
7 testing is conducted informing inmates that they will be
8 tested for HIV unless they refuse, and refusal or acceptance
9 of testing shall be documented in the inmate's medical record.
10 The Department shall follow procedures established by the
11 Department of Public Health to conduct HIV testing and testing
12 to confirm positive HIV test results. All testing must be
13 conducted by medical personnel, but pre-test and other
14 information may be provided by committed persons who have
15 received appropriate training. The Department, in conjunction
16 with the Department of Public Health, shall develop a plan
17 that complies with the AIDS Confidentiality Act to deliver
18 confidentially all positive or negative HIV test results to
19 inmates or former inmates. Nothing in this Section shall
20 require the Department to offer HIV testing to an inmate who is
21 known to be infected with HIV, or who has been tested for HIV
22 within the previous 180 days and whose documented HIV test
23 result is available to the Department electronically. The
24 testing provided under this subsection (a-5) shall consist of
25 a test approved by the Illinois Department of Public Health to
26 determine the presence of HIV infection, based upon
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1 recommendations of the United States Centers for Disease
2 Control and Prevention. If the test result is positive, a
3 reliable supplemental test based upon recommendations of the
4 United States Centers for Disease Control and Prevention shall
5 be administered.
6 Also, upon the admission of a person committed to the
7 Department of Juvenile Justice, the Department of Juvenile
8 Justice must inform the person of the Department's obligation
9 to provide the person with medical care.
10 (b) Based on its examination, the Department of Juvenile
11 Justice may exercise the following powers in developing a
12 treatment program of any person committed to the Department of
13 Juvenile Justice:
14 (1) Require participation by him in vocational,
15 physical, educational and corrective training and
16 activities to return him to the community.
17 (2) Place him in any institution or facility of the
18 Department of Juvenile Justice.
19 (3) Order replacement or referral to the Parole and
20 Pardon Board as often as it deems desirable. The
21 Department of Juvenile Justice shall refer the person to
22 the Parole and Pardon Board as required under Section
23 3-3-4.
24 (4) Enter into agreements with the Secretary of Human
25 Services and the Director of Children and Family Services,
26 with courts having probation officers, and with private
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1 agencies or institutions for separate care or special
2 treatment of persons subject to the control of the
3 Department of Juvenile Justice.
4 (c) The Department of Juvenile Justice shall make periodic
5 reexamination of all persons under the control of the
6 Department of Juvenile Justice to determine whether existing
7 orders in individual cases should be modified or continued.
8 This examination shall be made with respect to every person at
9 least once annually.
10 (d) A record of the treatment decision, including any
11 modification thereof and the reason therefor, shall be part of
12 the committed person's master record file.
13 (e) The Department of Juvenile Justice shall by regular
14 mail and telephone or electronic message notify the parent,
15 guardian, or nearest relative of any person committed to the
16 Department of Juvenile Justice of his or her physical location
17 and any change of his or her physical location.
18 (f) Each institution and facility of the Department of
19 Juvenile Justice shall provide educational and vocational
20 training for all persons committed to the Department.
21 (Source: P.A. 100-19, eff. 1-1-18; 100-700, eff. 8-3-18;
22 101-81, eff. 7-12-19.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.
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