Illinois House Bill HB5431 Engrossed / Bill

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1  AN ACT concerning government.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Counties Code is amended by changing
5  Sections 3-15003, 3-15003.6, 3-15003.7, 3-15003.8, 3-15003.9,
6  and 3-15003.10 and by adding Sections 3-15003.11 and
7  3-15003.12 as follows:
8  (55 ILCS 5/3-15003) (from Ch. 34, par. 3-15003)
9  Sec. 3-15003. Powers and duties. Under the direction of
10  the Sheriff the Department shall have the powers and duties
11  enumerated as follows:
12  (a) To operate and have jurisdiction over the county jail,
13  municipal houses of correction within the county and any other
14  penal, corrections or committed person prisoner diagnostic
15  center facility operated by either the county jail or
16  municipal houses of correction.
17  (b) To have charge of all committed persons prisoners held
18  in any institution, center or other facility in the county
19  over which it has jurisdiction under subsection (a) of this
20  Section, whether they are misdemeanants, felons, persons held
21  for trial, persons held in protective custody, persons held
22  for transfer to other detention facilities or persons held for
23  non-payment of fines, for violations of ordinances or any

 

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1  other quasi-criminal charges. Nothing in this Division applies
2  to minors subject to proceedings under the Juvenile Court Act
3  of 1987. It may transfer or recommit any committed person
4  prisoner from one institution, center or other such facility
5  to any other institution, center or other facility whenever it
6  determines that such transfer or recommitment would promote
7  the welfare or rehabilitation of the committed person
8  prisoner, or that such transfer or recommitment is necessary
9  to relieve overcrowding.
10  (c) To establish diagnostic, classification and
11  rehabilitation services and programs at the county jail and
12  such other facilities over which it has jurisdiction under
13  subsection (a) of this Section as may be appropriate.
14  (d) To establish, whenever feasible, separate detention
15  and commitment facilities and utilize the facilities over
16  which it has jurisdiction under subsection (a) of this Section
17  in a manner which provides separate detention and commitment
18  facilities.
19  (Source: P.A. 86-962.)
20  (55 ILCS 5/3-15003.6)
21  Sec. 3-15003.6. Pregnant committed persons female
22  prisoners.
23  (a) Definitions. For the purpose of this Section and the
24  Sections preceding Section 3-15004 Sections 3-15003.7,
25  3-15003.8, 3-15003.9, and 3-15003.10:

 

 

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1  (1) "Restraints" means any physical restraint or
2  mechanical device used to control the movement of a
3  prisoner's body or limbs, or both, including, but not
4  limited to, flex cuffs, soft restraints, hard metal
5  handcuffs, a black box, Chubb cuffs, leg irons, belly
6  chains, a security (tether) chain, or a convex shield, or
7  shackles of any kind.
8  (2) "Labor" means the period of time before a birth
9  and shall include any medical condition in which an
10  individual a woman is sent or brought to the hospital for
11  the purpose of delivering a her baby. These situations
12  include: induction of labor, prodromal labor, pre-term
13  labor, prelabor rupture of membranes, the 3 stages of
14  active labor, uterine hemorrhage during the third
15  trimester of pregnancy, and caesarian delivery including
16  pre-operative preparation.
17  (3) "Postpartum" means the 6-week period following
18  birth unless determined to be a longer period by a
19  physician, advanced practice registered nurse, physician
20  assistant, or other qualified medical professional.
21  "Post-partum" means, as determined by her physician,
22  advanced practice registered nurse, or physician
23  assistant, the period immediately following delivery,
24  including the entire period a woman is in the hospital or
25  infirmary after birth.
26  (4) "Correctional institution" means any entity under

 

 

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1  the authority of a county law enforcement division of a
2  county of more than 3,000,000 inhabitants that has the
3  power to detain or restrain, or both, a person under the
4  laws of the State.
5  (5) "Corrections official" means the official that is
6  responsible for oversight of a correctional institution,
7  or his or her designee.
8  (6) "Committed person" "Prisoner" means any person
9  incarcerated or detained in any facility who is accused
10  of, convicted of, sentenced for, or adjudicated delinquent
11  for, violations of criminal law or the terms and
12  conditions of parole, probation, pretrial release, or
13  diversionary program, and any person detained under the
14  immigration laws of the United States at any correctional
15  facility.
16  (7) "Extraordinary circumstance" means an
17  extraordinary medical or security circumstance, including
18  a substantial flight risk, that dictates restraints be
19  used to ensure the safety and security of the committed
20  person prisoner, the staff of the correctional institution
21  or medical facility, other committed persons prisoners, or
22  the public.
23  (8) "Participant' means an individual placed into an
24  electronic monitoring program, as defined by Section
25  5-8A-2 of the Unified Code of Corrections.
26  (b) A county department of corrections shall not apply

 

 

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1  security restraints to a committed person prisoner that has
2  been determined by a qualified medical professional to be
3  pregnant or otherwise and is known by the county department of
4  corrections to be pregnant or in postpartum recovery, which is
5  the entire period a woman is in the medical facility after
6  birth, unless the corrections official makes an individualized
7  determination that the committed person prisoner presents a
8  substantial flight risk or some other extraordinary
9  circumstance that dictates security restraints be used to
10  ensure the safety and security of the committed person
11  prisoner, committed person's her child or unborn child, the
12  staff of the county department of corrections or medical
13  facility, other committed persons prisoners, or the public.
14  The protections set out in clauses (b)(3) and (b)(4) of this
15  Section shall apply to security restraints used pursuant to
16  this subsection. The corrections official shall immediately
17  remove all restraints upon the written or oral request of
18  medical personnel. The corrections official shall immediately
19  remove all approved electronic monitoring devices, as that
20  term is defined in Section 5-8A-2 of the Unified Code of
21  Corrections, of a pregnant participant during labor and
22  delivery or earlier upon the written or oral request of
23  medical personnel. Oral requests made by medical personnel
24  shall be verified in writing as promptly as reasonably
25  possible.
26  (1) Qualified authorized health staff shall have the

 

 

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1  authority to order therapeutic restraints for a pregnant
2  or postpartum committed person prisoner who is a danger to
3  the committed person, the committed person's herself, her
4  child, unborn child, or other persons due to a psychiatric
5  or medical disorder. Therapeutic restraints may only be
6  initiated, monitored and discontinued by qualified and
7  authorized health staff and used to safely limit a
8  committed person's prisoner's mobility for psychiatric or
9  medical reasons. No order for therapeutic restraints shall
10  be written unless medical or mental health personnel,
11  after personally observing and examining the committed
12  person prisoner, are clinically satisfied that the use of
13  therapeutic restraints is justified and permitted in
14  accordance with hospital policies and applicable State
15  law. Metal handcuffs or shackles are not considered
16  therapeutic restraints.
17  (2) Whenever therapeutic restraints are used by
18  medical personnel, Section 2-108 of the Mental Health and
19  Developmental Disabilities Code shall apply.
20  (3) Leg irons, shackles or waist shackles shall not be
21  used on any pregnant or postpartum committed person
22  prisoner regardless of security classification. Except for
23  therapeutic restraints under clause (b)(2), no restraints
24  of any kind may be applied to committed persons prisoners
25  during labor.
26  (4) When a pregnant or postpartum committed person

 

 

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1  prisoner must be restrained, restraints used shall be the
2  least restrictive restraints possible to ensure the safety
3  and security of the committed person prisoner, the
4  committed person's her child, unborn child, the staff of
5  the county department of corrections or medical facility,
6  other committed persons prisoners, or the public, and in
7  no case shall include leg irons, shackles or waist
8  shackles.
9  (5) Upon the pregnant committed person's prisoner's
10  entry into a hospital room, and completion of initial room
11  inspection, a corrections official shall be posted
12  immediately outside the hospital room, unless requested to
13  be in the room by medical personnel attending to the
14  committed person's prisoner's medical needs.
15  (6) The county department of corrections shall provide
16  adequate corrections personnel to monitor the pregnant
17  committed person prisoner during the committed person's
18  her transport to and from the hospital and during the
19  committed person's her stay at the hospital.
20  (7) Where the county department of corrections
21  requires committed person prisoner safety assessments, a
22  corrections official may enter the hospital room to
23  conduct periodic committed person prisoner safety
24  assessments, except during a medical examination or the
25  delivery process.
26  (8) (Blank). Upon discharge from a medical facility,

 

 

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1  postpartum prisoners shall be restrained only with
2  handcuffs in front of the body during transport to the
3  county department of corrections. A corrections official
4  shall immediately remove all security restraints upon
5  written or oral request by medical personnel. Oral
6  requests made by medical personnel shall be verified in
7  writing as promptly as reasonably possible.
8  (c) Enforcement. No later than 30 days before the end of
9  each fiscal year, the county sheriff or corrections official
10  of the correctional institution where a pregnant or postpartum
11  committed person prisoner has been restrained pursuant to this
12  Section during that previous fiscal year, shall submit a
13  written report to the Jail and Detention Standards Unit of the
14  Department of Corrections, in a form and manner prescribed by
15  the Department, Illinois General Assembly and the Office of
16  the Governor that includes an account of every instance of
17  prisoner restraint pursuant to this Section. The written
18  report shall state the date, time, location and rationale for
19  each instance in which restraints are used. The written report
20  shall not contain any individually identifying information of
21  any committed person prisoner. Such reports shall be made
22  available for public inspection.
23  (d) Data reporting. No later than 30 days before the end of
24  each fiscal year, each county sheriff shall submit a written
25  report to the Jail and Detention Standards Unit of the
26  Department of Corrections, in a form and manner prescribed by

 

 

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1  the Department, that includes the number of pregnant committed
2  persons in custody each year and the number of people who
3  deliver or miscarry while in custody. The written reports
4  shall not contain any individually identifying information of
5  a committed person. The written reports shall be made
6  available for public inspection.
7  (Source: P.A. 100-513, eff. 1-1-18; 101-652, eff. 7-1-21.)
8  (55 ILCS 5/3-15003.7)
9  Sec. 3-15003.7. Corrections official training related to
10  pregnant committed persons prisoners.
11  (a) A county department of corrections shall provide
12  training relating to medical and mental health care issues
13  applicable to pregnant committed persons prisoners to:
14  (1) each corrections official employed by a county
15  department at a correctional institution in which female
16  committed persons prisoners are confined; and
17  (2) any other county department of corrections
18  employee whose duties involve contact with pregnant
19  committed persons prisoners.
20  (b) The training must include information regarding:
21  (1) appropriate care for pregnant committed persons
22  prisoners; and
23  (2) the impact on a pregnant committed person prisoner
24  and the committed person's prisoner's unborn child of:
25  (A) the use of restraints;

 

 

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1  (B) placement in administrative segregation; and
2  (C) invasive searches.
3  (Source: P.A. 101-652, eff. 7-1-21.)
4  (55 ILCS 5/3-15003.8)
5  Sec. 3-15003.8. Educational programming and information
6  for pregnant committed persons prisoners.
7  (a) The Illinois Department of Public Health shall provide
8  the county department of corrections with educational
9  programming relating to pregnancy and parenting and the county
10  department of corrections shall provide the programming to
11  pregnant committed persons prisoners. The programming must
12  include instruction regarding:
13  (1) appropriate prenatal care and hygiene;
14  (2) the effects of prenatal exposure to alcohol and
15  drugs on a developing fetus;
16  (3) parenting skills; and
17  (4) medical and mental health issues applicable to
18  children.
19  (b) Each county department of corrections shall provide
20  written informational materials concerning the laws pertaining
21  to pregnant committed persons to any pregnant or postpartum
22  individual. The Department of Public Health shall provide
23  these informational materials to the warden of the county
24  department of corrections at no cost to the county and the
25  county may accept informational materials from community-based

 

 

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1  organizations specializing in the rights of pregnant committed
2  persons. The informational materials must include information
3  regarding:
4  (1) the prohibition against the use of restraints;
5  (2) rules concerning the treatment of pregnant
6  committed persons, including those relating to bed height
7  and supplemental nutrition;
8  (3) the right to spend time with a child following
9  delivery;
10  (4) the requirement to provide educational
11  programming;
12  (5) all rights under the Reproductive Health Act;
13  (6) the procedure for obtaining an abortion, if so
14  desired;
15  (7) the procedure for obtaining information about
16  guardianship or adoption resources, if so desired;
17  (8) any new or additional laws concerning the rights
18  of pregnant committed persons; and
19  (9) the address or contact information for community
20  organizations specializing in the rights of pregnant
21  committed persons for questions or concerns.
22  (c) Each county department of corrections must also post
23  informational flyers provided by the Department of Public
24  Health wherever pregnant committed persons may be housed.
25  (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)

 

 

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1  (55 ILCS 5/3-15003.9)
2  Sec. 3-15003.9. Committed person postpartum Prisoner
3  post-partum recovery requirements. A county department of
4  corrections shall ensure that, for a period of 72 hours after
5  the birth of an infant by a committed person prisoner:
6  (1) the infant is allowed to remain with the committed
7  person prisoner, unless a medical professional determines
8  doing so would pose a health or safety risk to the
9  committed person prisoner or infant; and
10  (2) the committed person prisoner has access to any
11  nutritional or hygiene-related products necessary to care
12  for the infant, including diapers.
13  (Source: P.A. 101-652, eff. 7-1-21.)
14  (55 ILCS 5/3-15003.10)
15  Sec. 3-15003.10. Housing requirements applicable to
16  pregnant committed persons prisoners.
17  (a) A county department of corrections may not place in
18  administrative segregation a committed person prisoner who is
19  pregnant or who gave birth during the preceding 30 days unless
20  the director of the county department of corrections or the
21  director's designee determines that the placement is necessary
22  based on a reasonable belief that the committed person
23  prisoner will harm herself, the committed person's prisoner's
24  infant, or any other person or will attempt escape.
25  (b) A county department of corrections may not assign a

 

 

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1  pregnant committed person prisoner to any bed that is elevated
2  more than 3 feet above the floor.
3  (Source: P.A. 101-652, eff. 7-1-21.)
4  (55 ILCS 5/3-15003.11 new)
5  Sec. 3-15003.11. Supplemental nutrition during pregnancy
6  or lactation. A committed person who is pregnant or lactating,
7  including a committed person who is nursing a baby or pumping
8  breastmilk, shall be provided supplemental nutrition of at
9  least 300 calories per day. This supplemental nutrition shall
10  be in addition to any regularly provided food and shall be
11  available outside of regular mealtimes.
12  (55 ILCS 5/3-15003.12 new)
13  Sec. 3-15003.12. Medical screening; pregnancy test. When a
14  person with a uterus is committed to a facility, the person
15  shall within 14 days be given a medical screening and offered a
16  pregnancy test.
17  Section 10. The Health Care Violence Prevention Act is
18  amended by changing Section 30 as follows:
19  (210 ILCS 160/30)
20  Sec. 30. Medical care for committed persons.
21  (a) If a committed person receives medical care and
22  treatment at a place other than an institution or facility of

 

 

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1  the Department of Corrections, a county, or a municipality,
2  then the institution or facility shall:
3  (1) to the greatest extent practicable, notify the
4  hospital or medical facility that is treating the
5  committed person prior to the committed person's visit and
6  notify the hospital or medical facility of any significant
7  medical, mental health, recent violent actions, or other
8  safety concerns regarding the patient;
9  (2) to the greatest extent practicable, ensure the
10  transferred committed person is accompanied by the most
11  comprehensive medical records possible;
12  (3) provide at least one guard trained in custodial
13  escort and custody of high-risk committed persons to
14  accompany any committed person. The custodial agency shall
15  attest to such training for custodial escort and custody
16  of high-risk committed persons through: (A) the training
17  of the Department of Corrections, Department of Juvenile
18  Justice, or Illinois State Police; (B) law enforcement
19  training that is substantially equivalent to the training
20  of the Department of Corrections, Department of Juvenile
21  Justice, or Illinois State Police; or (C) the training
22  described in Section 35. Under no circumstances may leg
23  irons or shackles or waist shackles be used on any
24  pregnant committed person female prisoner who is in labor.
25  In addition, restraint of a pregnant committed person
26  female prisoner in the custody of the Cook County shall

 

 

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1  comply with Section 3-15003.6 of the Counties Code.
2  Additionally, restraints shall not be used on a committed
3  person if medical personnel determine that the restraints
4  would impede medical treatment; and
5  (4) ensure that only medical personnel, Department of
6  Corrections, county, or municipality personnel, and
7  visitors on the committed person's approved institutional
8  visitors list may visit the committed person. Visitation
9  by a person on the committed person's approved
10  institutional visitors list shall be subject to the rules
11  and procedures of the hospital or medical facility and the
12  Department of Corrections, county, or municipality. In any
13  situation in which a committed person is being visited:
14  (A) the name of the visitor must be listed per the
15  facility's or institution's documentation;
16  (B) the visitor shall submit to the search of his
17  or her person or any personal property under his or her
18  control at any time; and
19  (C) the custodial agency may deny the committed
20  person access to a telephone or limit the number of
21  visitors the committed person may receive for purposes
22  of safety.
23  If a committed person receives medical care and treatment
24  at a place other than an institution or facility of the
25  Department of Corrections, county, or municipality, then the
26  custodial agency shall ensure that the committed person is

 

 

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1  wearing security restraints in accordance with the custodial
2  agency's rules and procedures if the custodial agency
3  determines that restraints are necessary for the following
4  reasons: (i) to prevent physical harm to the committed person
5  or another person; (ii) because the committed person has a
6  history of disruptive behavior that has placed others in
7  potentially harmful situations or presents a substantial risk
8  of inflicting physical harm on himself or herself or others as
9  evidenced by recent behavior; or (iii) there is a well-founded
10  belief that the committed person presents a substantial risk
11  of flight. Under no circumstances may leg irons or shackles or
12  waist shackles be used on any pregnant committed person female
13  prisoner who is in labor. In addition, restraint of a pregnant
14  committed person female prisoner in the custody of the Cook
15  County shall comply with Section 3-15003.6 of the Counties
16  Code.
17  The hospital or medical facility may establish protocols
18  for the receipt of committed persons in collaboration with the
19  Department of Corrections, county, or municipality,
20  specifically with regard to potentially violent persons.
21  (b) If a committed person receives medical care and
22  treatment at a place other than an institution or facility of
23  the Department of Juvenile Justice, then the institution or
24  facility shall:
25  (1) to the greatest extent practicable, notify the
26  hospital or medical facility that is treating the

 

 

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1  committed person prior to the committed person's visit,
2  and notify the hospital or medical facility of any
3  significant medical, mental health, recent violent
4  actions, or other safety concerns regarding the patient;
5  (2) to the greatest extent practicable, ensure the
6  transferred committed person is accompanied by the most
7  comprehensive medical records possible;
8  (3) provide: (A) at least one guard trained in
9  custodial escort and custody of high-risk committed
10  persons to accompany any committed person. The custodial
11  agency shall attest to such training for custodial escort
12  and custody of high-risk committed persons through: (i)
13  the training of the Department of Corrections, Department
14  of Juvenile Justice, or Illinois State Police, (ii) law
15  enforcement training that is substantially equivalent to
16  the training of the Department of Corrections, Department
17  of Juvenile Justice, or Illinois State Police, or (iii)
18  the training described in Section 35; or (B) 2 guards to
19  accompany the committed person at all times during the
20  visit to the hospital or medical facility; and
21  (4) ensure that only medical personnel, Department of
22  Juvenile Justice personnel, and visitors on the committed
23  person's approved institutional visitors list may visit
24  the committed person. Visitation by a person on the
25  committed person's approved institutional visitors list
26  shall be subject to the rules and procedures of the

 

 

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1  hospital or medical facility and the Department of
2  Juvenile Justice. In any situation in which a committed
3  person is being visited:
4  (A) the name of the visitor must be listed per the
5  facility's or institution's documentation;
6  (B) the visitor shall submit to the search of his
7  or her person or any personal property under his or her
8  control at any time; and
9  (C) the custodial agency may deny the committed
10  person access to a telephone or limit the number of
11  visitors the committed person may receive for purposes
12  of safety.
13  If a committed person receives medical care and treatment
14  at a place other than an institution or facility of the
15  Department of Juvenile Justice, then the Department of
16  Juvenile Justice shall ensure that the committed person is
17  wearing security restraints on either his or her wrists or
18  ankles in accordance with the rules and procedures of the
19  Department of Juvenile Justice if the Department of Juvenile
20  Justice determines that restraints are necessary for the
21  following reasons: (i) to prevent physical harm to the
22  committed person or another person; (ii) because the committed
23  person has a history of disruptive behavior that has placed
24  others in potentially harmful situations or presents a
25  substantial risk of inflicting physical harm on himself or
26  herself or others as evidenced by recent behavior; or (iii)

 

 

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1  there is a well-founded belief that the committed person
2  presents a substantial risk of flight. Any restraints used on
3  a committed person under this paragraph shall be the least
4  restrictive restraints necessary to prevent flight or physical
5  harm to the committed person or another person. Restraints
6  shall not be used on the committed person as provided in this
7  paragraph if medical personnel determine that the restraints
8  would impede medical treatment. Under no circumstances may leg
9  irons or shackles or waist shackles be used on any pregnant
10  committed person female prisoner who is in labor. In addition,
11  restraint of a pregnant committed person female prisoner in
12  the custody of the Cook County shall comply with Section
13  3-15003.6 of the Counties Code.
14  The hospital or medical facility may establish protocols
15  for the receipt of committed persons in collaboration with the
16  Department of Juvenile Justice, specifically with regard to
17  persons recently exhibiting violence.
18  (Source: P.A. 102-538, eff. 8-20-21.)
19  Section 15. The Unified Code of Corrections is amended by
20  changing Sections 3-6-7, 3-6-7.2, 3-6-7.3, and 5-8A-4 and by
21  adding Sections 3-6-0.5, 3-6-7.5, and 3-6-7.6 as follows:
22  (730 ILCS 5/3-6-0.5 new)
23  Sec. 3-6-0.5. Definitions. As used in this Section and
24  Sections 3-6-7, 3-6-7.2, 3-6-7.3, and 3-6-7.4:

 

 

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1  "Extraordinary circumstance" means an extraordinary
2  medical or security circumstance, including a substantial
3  flight risk, that dictates restraints be used to ensure the
4  safety and security of the committed person, the staff of the
5  correctional institution or medical facility, other committed
6  persons, or the public.
7  "Labor" means the period of time before a birth and shall
8  include any medical condition in which an individual is sent
9  or brought to the hospital for the purpose of delivering a
10  baby. These situations include: induction of labor, prodromal
11  labor, pre-term labor, prelabor rupture of membranes, the 3
12  stages of active labor, uterine hemorrhage during the third
13  trimester of pregnancy, and caesarian delivery, including
14  pre-operative preparation.
15  "Postpartum" means the 6-week period following birth
16  unless determined to be a longer period by a physician,
17  advanced practice registered nurse, physician assistant, or
18  other qualified medical professional.
19  "Restraints" means any physical restraint or mechanical
20  device used to control the movement of a committed person's
21  body or limbs, or both, including, but not limited to, flex
22  cuffs, soft restraints, hard metal handcuffs, a black box,
23  Chubb cuffs, leg irons, belly chains, a security (tether)
24  chain, or a convex shield, or shackles of any kind.
25  (730 ILCS 5/3-6-7)

 

 

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1  Sec. 3-6-7. Pregnant female committed persons.
2  (a) The Department shall not apply security restraints to
3  a committed person that has been determined by a qualified
4  medical professional to be pregnant or otherwise is known by
5  the Department to be pregnant or in postpartum recovery,
6  unless the correctional official makes an individualized
7  determination that the committed person presents a substantial
8  flight risk or some other extraordinary circumstance that
9  dictates security restraints be used to ensure the safety and
10  security of the committed person, the committed person's child
11  or unborn child, the staff of the Department or medical
12  facility, other committed persons, or the public. The
13  protections set out in paragraphs (3) and (4) of this Section
14  shall apply to security restraints used as provided in this
15  subsection. The correctional officer employed by the
16  Department shall immediately remove all restraints and
17  approved electronic monitoring devices, as that term is
18  defined in Section 5-8A-2 of the Unified Code of Corrections,
19  upon the written or oral request of medical personnel. Oral
20  requests made by medical personnel shall be verified in
21  writing as promptly as reasonably possible.
22  (1) Qualified authorized health staff shall have the
23  authority to order therapeutic restraints for a pregnant
24  or postpartum committed person who is a danger to the
25  committed person, the committed person's child, unborn
26  child, or other persons due to a psychiatric or medical

 

 

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1  disorder. Therapeutic restraints may only be initiated,
2  monitored, and discontinued by qualified and authorized
3  health staff and used to safely limit a committed person's
4  mobility for psychiatric or medical reasons. No order for
5  therapeutic restraints shall be written unless medical or
6  mental health personnel, after personally observing and
7  examining the committed person, are clinically satisfied
8  that the use of therapeutic restraints is justified and
9  permitted in accordance with hospital policies and
10  applicable State law. Metal handcuffs or shackles are not
11  considered therapeutic restraints.
12  (2) Whenever therapeutic restraints are used by
13  medical personnel, Section 2-108 of the Mental Health and
14  Developmental Disabilities Code shall apply.
15  (3) Leg irons, shackles or waist shackles shall not be
16  used on any pregnant or postpartum committed person
17  regardless of security classification. Except for
18  therapeutic restraints under paragraph (2) of subsection
19  (b), no restraints of any kind may be applied to committed
20  persons during labor.
21  (4) When a pregnant or postpartum committed person
22  must be restrained, restraints used shall be the least
23  restrictive restraints possible to ensure the safety and
24  security of the committed person, the committed person's
25  child, unborn child, the staff of the Department or
26  medical facility, other committed persons, or the public,

 

 

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1  and in no case shall include leg irons, shackles, or waist
2  shackles.
3  (5) Upon the pregnant committed person's entry into a
4  hospital room, and completion of initial room inspection,
5  a correctional officer shall be posted immediately outside
6  the hospital room unless requested to be in the room by
7  medical personnel attending to the committed person's
8  medical needs.
9  (6) The Department shall provide adequate corrections
10  personnel to monitor the pregnant committed person during
11  the committed person's transport to and from the hospital
12  and during the committed person's stay at the hospital.
13  (7) Where the correctional institution or facility
14  requires committed person safety assessments, a
15  correctional official may enter the hospital room to
16  conduct periodic committed person safety assessments,
17  except during a medical examination or the delivery
18  process.
19  (b) No later than 30 days before the end of each fiscal
20  year, the Department shall submit a written report to the
21  Illinois General Assembly and the Office of the Governor that
22  includes an account of every instance where a pregnant or
23  postpartum committed person had restraints used pursuant to
24  this Section during the previous fiscal year. The written
25  report shall state the date, time, location, and rationale for
26  each instance in which restraints are used. The written report

 

 

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1  shall include information provided to the Jail and Detention
2  Standards Unit by each county department of corrections and
3  county jail. The Department's written report shall also
4  include information on county department of corrections and
5  county jails that did not report as required. The written
6  report shall not contain any individually identifying
7  information of any committed person. The report shall be made
8  available for public inspection.
9  (c) No later than 30 days before the end of each fiscal
10  year, the Department shall submit a written report to the
11  Illinois General Assembly and the Office of the Governor that
12  includes the number of pregnant committed persons in custody
13  each year and the number of people who deliver or miscarry
14  while in custody. The written report shall include information
15  provided to the Jail and Detention Standards Unit by each
16  county department of corrections and county jail. The
17  Department's written report shall also include information on
18  county department of corrections and county jails that did not
19  report as required. The written report shall not contain any
20  individually identifying information of a committed person.
21  The written report shall be made available for public
22  inspection Notwithstanding any other statute, directive, or
23  administrative regulation, when a pregnant female committed
24  person is brought to a hospital from an Illinois correctional
25  center for the purpose of delivering her baby, no handcuffs,
26  shackles, or restraints of any kind may be used during her

 

 

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1  transport to a medical facility for the purpose of delivering
2  her baby. Under no circumstances may leg irons or shackles or
3  waist shackles be used on any pregnant female committed person
4  who is in labor. Upon the pregnant female committed person's
5  entry to the hospital delivery room, a correctional officer
6  must be posted immediately outside the delivery room. The
7  Department must provide for adequate personnel to monitor the
8  pregnant female committed person during her transport to and
9  from the hospital and during her stay at the hospital.
10  (Source: P.A. 91-253, eff. 1-1-00.)
11  (730 ILCS 5/3-6-7.2)
12  Sec. 3-6-7.2. Educational programming and information for
13  pregnant committed persons.
14  (a) The Department shall develop and provide to each
15  pregnant committed person educational programming relating to
16  pregnancy and parenting. The programming must include
17  instruction regarding:
18  (1) appropriate prenatal care and hygiene;
19  (2) the effects of prenatal exposure to alcohol and
20  drugs on a developing fetus;
21  (3) parenting skills; and
22  (4) medical and mental health issues applicable to
23  children.
24  (b) The Department shall provide informational materials
25  concerning the laws pertaining to pregnant committed persons

 

 

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1  to any pregnant or postpartum individual. The Department of
2  Public Health and community-based organizations specializing
3  in the rights of pregnant committed persons shall provide
4  these informational materials to the warden at no cost to the
5  Department of Corrections or the Department of Juvenile
6  Justice. The informational materials must include information
7  regarding:
8  (1) the prohibition against the use of restraints;
9  (2) rules concerning the treatment of pregnant
10  committed persons, including those relating to bed height
11  and supplemental nutrition;
12  (3) the right to spend time with a child following
13  delivery;
14  (4) the requirement to provide educational
15  programming;
16  (5) all rights under the Reproductive Health Act;
17  (6) the procedure for obtaining an abortion, if so
18  desired;
19  (7) the procedure for obtaining information about
20  guardianship or adoption resources, if so desired;
21  (8) any new or additional laws concerning the rights
22  of pregnant committed persons; and
23  (9) the address or contact information for community
24  organizations specializing in the rights of pregnant
25  committed persons for questions or concerns.
26  (c) The Department must also post informational flyers

 

 

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1  provided by the Department of Public Health wherever pregnant
2  committed persons may be housed.
3  (Source: P.A. 101-652, eff. 7-1-21; 102-813, eff. 5-13-22.)
4  (730 ILCS 5/3-6-7.3)
5  Sec. 3-6-7.3. Committed person postpartum post-partum
6  recovery requirements. The Department shall ensure that, for a
7  period of 72 hours after the birth of an infant by a committed
8  person:
9  (1) the infant is allowed to remain with the committed
10  person, unless a medical professional determines doing so
11  would pose a health or safety risk to the committed person
12  or infant based on information only available to the
13  Department. The mental health professional shall make any
14  such determination on an individualized basis and in
15  consultation with the birthing team of the pregnant person
16  and the Chief of the Women's Division. The birthing team
17  shall include the committed person's perinatal care
18  providers and doula, if available; and
19  (2) the committed person has access to any nutritional
20  or hygiene-related products necessary to care for the
21  infant, including diapers.
22  (Source: P.A. 102-28, eff. 6-25-21; 103-154, eff. 6-30-23.)
23  (730 ILCS 5/3-6-7.5 new)
24  Sec. 3-6-7.5. Supplemental nutrition during pregnancy or

 

 

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1  lactation. A committed person who is pregnant or lactating,
2  including a committed person who is nursing a baby or pumping
3  breastmilk, shall be provided supplemental nutrition of at
4  least 300 calories per day. This supplemental nutrition shall
5  be in addition to any regularly provided food and shall be
6  available outside of regular mealtimes.
7  (730 ILCS 5/3-6-7.6 new)
8  Sec. 3-6-7.6. Medical screening; pregnancy test. When a
9  person with a uterus is committed to a facility, the person
10  shall within 14 days be given a medical screening and offered a
11  pregnancy test.
12  (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
13  Sec. 5-8A-4. Program description. The supervising
14  authority may promulgate rules that prescribe reasonable
15  guidelines under which an electronic monitoring and home
16  detention program shall operate. When using electronic
17  monitoring for home detention these rules may include, but not
18  be limited to, the following:
19  (A) The participant may be instructed to remain within
20  the interior premises or within the property boundaries of
21  his or her residence at all times during the hours
22  designated by the supervising authority. Such instances of
23  approved absences from the home shall include, but are not
24  limited to, the following:

 

 

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1  (1) working or employment approved by the court or
2  traveling to or from approved employment;
3  (2) unemployed and seeking employment approved for
4  the participant by the court;
5  (3) undergoing medical, psychiatric, mental health
6  treatment, counseling, or other treatment programs
7  approved for the participant by the court;
8  (4) attending an educational institution or a
9  program approved for the participant by the court;
10  (5) attending a regularly scheduled religious
11  service at a place of worship;
12  (6) participating in community work release or
13  community service programs approved for the
14  participant by the supervising authority;
15  (7) for another compelling reason consistent with
16  the public interest, as approved by the supervising
17  authority; or
18  (8) purchasing groceries, food, or other basic
19  necessities.
20  (A-1) At a minimum, any person ordered to pretrial
21  home confinement with or without electronic monitoring
22  must be provided with movement spread out over no fewer
23  than two days per week, to participate in basic activities
24  such as those listed in paragraph (A). In this subdivision
25  (A-1), "days" means a reasonable time period during a
26  calendar day, as outlined by the court in the order

 

 

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1  placing the person on home confinement.
2  (B) The participant shall admit any person or agent
3  designated by the supervising authority into his or her
4  residence at any time for purposes of verifying the
5  participant's compliance with the conditions of his or her
6  detention.
7  (C) The participant shall make the necessary
8  arrangements to allow for any person or agent designated
9  by the supervising authority to visit the participant's
10  place of education or employment at any time, based upon
11  the approval of the educational institution employer or
12  both, for the purpose of verifying the participant's
13  compliance with the conditions of his or her detention.
14  (D) The participant shall acknowledge and participate
15  with the approved electronic monitoring device as
16  designated by the supervising authority at any time for
17  the purpose of verifying the participant's compliance with
18  the conditions of his or her detention.
19  (E) The participant shall maintain the following:
20  (1) access to a working telephone;
21  (2) a monitoring device in the participant's home,
22  or on the participant's person, or both; and
23  (3) a monitoring device in the participant's home
24  and on the participant's person in the absence of a
25  telephone.
26  (F) The participant shall obtain approval from the

 

 

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1  supervising authority before the participant changes
2  residence or the schedule described in subsection (A) of
3  this Section. Such approval shall not be unreasonably
4  withheld.
5  (G) The participant shall not commit another crime
6  during the period of home detention ordered by the Court.
7  (H) Notice to the participant that violation of the
8  order for home detention may subject the participant to
9  prosecution for the crime of escape as described in
10  Section 5-8A-4.1.
11  (I) The participant shall abide by other conditions as
12  set by the supervising authority.
13  The supervising authority shall adopt rules to immediately
14  remove all approved electronic monitoring devices of a
15  pregnant participant during labor and delivery.
16  (J) This Section takes effect January 1, 2022.
17  (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
18  102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)
19  Section 20. The County Jail Act is amended by changing
20  Sections 2, 2.1, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17,
21  17.5, 17.6, 17.7, 17.8, 17.9, 17.10, 19, 19.5, 20, and 21 and
22  by adding Sections 10.5 and 17.11 as follows:
23  (730 ILCS 125/2) (from Ch. 75, par. 102)
24  Sec. 2. The Sheriff of each county in this State shall be

 

 

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1  the warden of the jail of the county, and have the custody of
2  all committed persons prisoners in the jail, except when
3  otherwise provided in the "County Department of Corrections
4  Act".
5  (Source: P.A. 83-1073.)
6  (730 ILCS 125/2.1) (from Ch. 75, par. 102.1)
7  Sec. 2.1. New jail. The sheriff of each county in this
8  State shall be the warden of any new jail facility constructed
9  or otherwise acquired in the county and shall have the custody
10  of all committed persons prisoners in that facility, except
11  when otherwise provided in Division 3-15 of the Counties Code.
12  (Source: P.A. 87-645.)
13  (730 ILCS 125/4) (from Ch. 75, par. 104)
14  Sec. 4. The Warden of the jail shall receive and confine in
15  such jail, until discharged by due course of law, all persons
16  committed to such jail by any competent authority.
17  When there is no county jail facility operating in a
18  county, arresting agencies shall be responsible for delivering
19  persons arrested to an adjoining county jail facility, if the
20  adjoining county has entered into a written agreement with the
21  committing county allowing for the maintenance of committed
22  persons prisoners in the adjoining county.
23  (Source: P.A. 86-570.)

 

 

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1  (730 ILCS 125/5) (from Ch. 75, par. 105)
2  Sec. 5. Costs of maintaining committed persons prisoners.
3  (a) Except as provided in subsections (b) and (c), all
4  costs of maintaining persons committed for violations of
5  Illinois law, shall be the responsibility of the county.
6  Except as provided in subsection (b), all costs of maintaining
7  persons committed under any ordinance or resolution of a unit
8  of local government, including medical costs, is the
9  responsibility of the unit of local government enacting the
10  ordinance or resolution, and arresting the person.
11  (b) If a person who is serving a term of mandatory
12  supervised release for a felony is incarcerated in a county
13  jail, the Illinois Department of Corrections shall pay the
14  county in which that jail is located one-half of the cost of
15  incarceration, as calculated by the Governor's Office of
16  Management and Budget and the county's chief financial
17  officer, for each day that the person remains in the county
18  jail after notice of the incarceration is given to the
19  Illinois Department of Corrections by the county, provided
20  that (i) the Illinois Department of Corrections has issued a
21  warrant for an alleged violation of mandatory supervised
22  release by the person; (ii) if the person is incarcerated on a
23  new charge, unrelated to the offense for which he or she is on
24  mandatory supervised release, there has been a court hearing
25  at which the conditions of pretrial release have been set on
26  the new charge; (iii) the county has notified the Illinois

 

 

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1  Department of Corrections that the person is incarcerated in
2  the county jail, which notice shall not be given until the
3  hearing has concluded, if the person is incarcerated on a new
4  charge; and (iv) the person remains incarcerated in the county
5  jail for more than 48 hours after the notice has been given to
6  the Department of Corrections by the county. Calculation of
7  the per diem cost shall be agreed upon prior to the passage of
8  the annual State budget.
9  (c) If a person who is serving a term of mandatory
10  supervised release is incarcerated in a county jail, following
11  an arrest on a warrant issued by the Illinois Department of
12  Corrections, solely for violation of a condition of mandatory
13  supervised release and not on any new charges for a new
14  offense, then the Illinois Department of Corrections shall pay
15  the medical costs incurred by the county in securing treatment
16  for that person, for any injury or condition other than one
17  arising out of or in conjunction with the arrest of the person
18  or resulting from the conduct of county personnel, while he or
19  she remains in the county jail on the warrant issued by the
20  Illinois Department of Corrections.
21  (Source: P.A. 101-652, eff. 1-1-23.)
22  (730 ILCS 125/7) (from Ch. 75, par. 107)
23  Sec. 7. On the first day of each month, the warden of the
24  jail of the county shall prepare a list of all committed
25  persons prisoners in his custody, specifying the causes for

 

 

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1  which and the persons by whom they were committed, and make
2  available to the court his calendar of committed persons
3  prisoners.
4  (Source: P.A. 83-1073.)
5  (730 ILCS 125/9) (from Ch. 75, par. 109)
6  Sec. 9. When there is no jail or other penal institution in
7  a county, or the jail or other penal institution of the county
8  is insufficient, the sheriff may commit any person in his
9  custody, either on civil or criminal process, to the nearest
10  sufficient jail of another county, and the warden of the jail
11  of such county shall receive and confine such committed person
12  prisoner, until removed by order of the court having
13  jurisdiction of the offense, or discharged by due course of
14  law.
15  (Source: P.A. 83-1073.)
16  (730 ILCS 125/10) (from Ch. 75, par. 110)
17  Sec. 10. Whenever a committed person prisoner is committed
18  to the jail of one county for a criminal offense committed or
19  charged to have been committed in another, or is transferred
20  to another county for safe keeping or trial, the county in
21  which the crime was committed, or charged to have been
22  committed, shall pay the expenses of the keeping of such
23  committed person prisoner. In civil suits, the plaintiff or
24  defendant shall pay the expenses, in the same manner as if the

 

 

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1  imprisonment had taken place in the same county where the suit
2  was commenced.
3  (Source: P.A. 83-1073.)
4  (730 ILCS 125/10.5 new)
5  Sec. 10.5. Medical screening; pregnancy test. When a
6  person with a uterus is committed to a facility, the person
7  shall within 14 days be given a medical screening and offered a
8  pregnancy test.
9  (730 ILCS 125/11) (from Ch. 75, par. 111)
10  Sec. 11. Debtors and witnesses shall not be confined in
11  the same room with other committed persons prisoners; male and
12  female committed persons prisoners shall not be kept in the
13  same room; minors shall be kept separate from those previously
14  convicted of a felony or other infamous crime; and persons
15  charged with an offense shall not be confined in the same cell
16  as those convicted of a crime. The confinement of those
17  persons convicted of a misdemeanor or felony shall be in
18  accordance with a classification system developed and
19  implemented by the local jail authority.
20  (Source: P.A. 87-899.)
21  (730 ILCS 125/12) (from Ch. 75, par. 112)
22  Sec. 12. Whenever the Warden of the jail of any county
23  deems such jail insufficient to secure the committed persons

 

 

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1  prisoners confined therein, he shall give notice thereof to
2  the county board.
3  (Source: P.A. 83-1073.)
4  (730 ILCS 125/13) (from Ch. 75, par. 113)
5  Sec. 13. Whenever the Warden of any jail shall have in his
6  custody any person charged with a high crime, and there is no
7  jail in his county, or the jail is insufficient, he may, with
8  the advice of the judge of the circuit court of such county,
9  employ a sufficient guard, not exceeding 3 persons, for the
10  guarding and safe keeping of such committed person prisoner in
11  his own county. The expense of such guard shall be audited and
12  paid as other county expenses.
13  (Source: P.A. 103-51, eff. 1-1-24.)
14  (730 ILCS 125/14) (from Ch. 75, par. 114)
15  Sec. 14. At any time, in the opinion of the Warden, the
16  lives or health of the committed persons prisoners are
17  endangered or the security of the penal institution is
18  threatened, to such a degree as to render their removal
19  necessary, the Warden may cause an individual committed person
20  prisoner or a group of committed persons prisoners to be
21  removed to some suitable place within the county, or to the
22  jail of some convenient county, where they may be confined
23  until they can be safely returned to the place whence they were
24  removed. No committed person prisoner charged with a felony

 

 

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1  shall be removed by the warden to a Mental Health or
2  Developmental Disabilities facility as defined in the Mental
3  Health and Developmental Disabilities Code, except as
4  specifically authorized by Article 104 or 115 of the Code of
5  Criminal Procedure of 1963, or the Mental Health and
6  Developmental Disabilities Code. Any place to which the
7  committed persons prisoners are so removed shall, during their
8  imprisonment there, be deemed, as to such committed persons
9  prisoners, a prison of the county in which they were
10  originally confined; but, they shall be under the care,
11  government and direction of the Warden of the jail of the
12  county in which they are confined. When any criminal detainee
13  is transferred to the custody of the Department of Human
14  Services, the warden shall supply the Department of Human
15  Services with all of the legally available information as
16  described in 20 Ill. Adm. Code 701.60(f). When a criminal
17  detainee is delivered to the custody of the Department, the
18  following information must be included with the items
19  delivered:
20  (1) the sentence imposed;
21  (2) any findings of great bodily harm made by the
22  court;
23  (3) any statement by the court on the basis for
24  imposing the sentence;
25  (4) any presentence reports;
26  (5) any sex offender evaluations;

 

 

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1  (6) any substance abuse treatment eligibility
2  screening and assessment of the criminal detainee by an
3  agent designated by the State to provide assessments for
4  Illinois courts;
5  (7) the number of days, if any, which the criminal
6  detainee has been in custody and for which he or she is
7  entitled to credit against the sentence. Certification of
8  jail credit time shall include any time served in the
9  custody of the Illinois Department of Human
10  Services-Division of Mental Health or Division of
11  Developmental Disabilities, time served in another state
12  or federal jurisdiction, and any time served while on
13  probation or periodic imprisonment;
14  (8) State's Attorney's statement of facts, including
15  the facts and circumstances of the offenses for which the
16  criminal detainee was committed, any other factual
17  information accessible to the State's Attorney prior to
18  the commitment to the Department relative to the criminal
19  detainee's habits, associates, disposition, and reputation
20  or other information that may aid the Department during
21  the custody of the criminal detainee. If the statement is
22  unavailable at the time of delivery, the statement must be
23  transmitted within 10 days after receipt by the clerk of
24  the court;
25  (9) any medical or mental health records or summaries;
26  (10) any victim impact statements;

 

 

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1  (11) name of municipalities where the arrest of the
2  criminal detainee and the commission of the offense
3  occurred, if the municipality has a population of more
4  than 25,000 persons;
5  (12) all additional matters that the court directs the
6  clerk to transmit;
7  (13) a record of the criminal detainee's time and his
8  or her behavior and conduct while in the custody of the
9  county. Any action on the part of the criminal detainee
10  that might affect his or her security status with the
11  Department, including, but not limited to, an escape
12  attempt, participation in a riot, or a suicide attempt
13  should be included in the record; and
14  (14) the mittimus or sentence (judgment) order that
15  provides the following information:
16  (A) the criminal case number, names and citations
17  of the offenses, judge's name, date of sentence, and,
18  if applicable, whether the sentences are to be served
19  concurrently or consecutively;
20  (B) the number of days spent in custody; and
21  (C) if applicable, the calculation of pre-trial
22  program sentence credit awarded by the court to the
23  criminal detainee, including, at a minimum,
24  identification of the type of pre-trial program the
25  criminal detainee participated in and the number of
26  eligible days the court finds the criminal detainee

 

 

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1  spent in the pre-trial program multiplied by the
2  calculation factor of 0.5 for the total court-awarded
3  credit.
4  (Source: P.A. 99-215, eff. 7-31-15.)
5  (730 ILCS 125/15) (from Ch. 75, par. 115)
6  Sec. 15. The Warden of the jail shall furnish each
7  committed person prisoner daily with as much clean water as
8  may be necessary for drink and personal cleanliness, and serve
9  him three times a day with wholesome food, well cooked and in
10  sufficient quantity. The Warden of the jail in counties of the
11  first and second class shall procure at the expense of the
12  county, all necessary foods and provisions for the support of
13  the committed persons prisoners confined in the jail, and
14  shall employ suitable persons to prepare and serve the food
15  for the committed persons prisoners, or otherwise provide
16  suitable food service.
17  (Source: P.A. 83-1073.)
18  (730 ILCS 125/16) (from Ch. 75, par. 116)
19  Sec. 16. The Warden of the jail or other person shall not
20  permit any committed person prisoner to send for or have any
21  alcoholic beverages or controlled substances except when
22  prescribed by a physician as medicine.
23  (Source: P.A. 83-1073.)

 

 

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1  (730 ILCS 125/17) (from Ch. 75, par. 117)
2  Sec. 17. Bedding, clothing, fuel, and medical aid;
3  reimbursement for medical expenses. The Warden of the jail
4  shall furnish necessary bedding, clothing, fuel, and medical
5  services for all committed persons prisoners under his charge,
6  and keep an accurate account of the same. When services that
7  result in qualified medical expenses are required by any
8  person held in custody, the county, private hospital,
9  physician or any public agency which provides such services
10  shall be entitled to obtain reimbursement from the county for
11  the cost of such services. The county board of a county may
12  adopt an ordinance or resolution providing for reimbursement
13  for the cost of those services at the Department of Healthcare
14  and Family Services' rates for medical assistance. To the
15  extent that such person is reasonably able to pay for such
16  care, including reimbursement from any insurance program or
17  from other medical benefit programs available to such person,
18  he or she shall reimburse the county or arresting authority.
19  If such person has already been determined eligible for
20  medical assistance under the Illinois Public Aid Code at the
21  time the person is detained, the cost of such services, to the
22  extent such cost exceeds $500, shall be reimbursed by the
23  Department of Healthcare and Family Services under that Code.
24  A reimbursement under any public or private program authorized
25  by this Section shall be paid to the county or arresting
26  authority to the same extent as would have been obtained had

 

 

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1  the services been rendered in a non-custodial environment.
2  The sheriff or his or her designee may cause an
3  application for medical assistance under the Illinois Public
4  Aid Code to be completed for an arrestee who is a hospital
5  inpatient. If such arrestee is determined eligible, he or she
6  shall receive medical assistance under the Code for hospital
7  inpatient services only. An arresting authority shall be
8  responsible for any qualified medical expenses relating to the
9  arrestee until such time as the arrestee is placed in the
10  custody of the sheriff. However, the arresting authority shall
11  not be so responsible if the arrest was made pursuant to a
12  request by the sheriff. When medical expenses are required by
13  any person held in custody, the county shall be entitled to
14  obtain reimbursement from the County Jail Medical Costs Fund
15  to the extent moneys are available from the Fund. To the extent
16  that the person is reasonably able to pay for that care,
17  including reimbursement from any insurance program or from
18  other medical benefit programs available to the person, he or
19  she shall reimburse the county.
20  For the purposes of this Section, "arresting authority"
21  means a unit of local government, other than a county, which
22  employs peace officers and whose peace officers have made the
23  arrest of a person. For the purposes of this Section,
24  "qualified medical expenses" include medical and hospital
25  services but do not include (i) expenses incurred for medical
26  care or treatment provided to a person on account of a

 

 

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1  self-inflicted injury incurred prior to or in the course of an
2  arrest, (ii) expenses incurred for medical care or treatment
3  provided to a person on account of a health condition of that
4  person which existed prior to the time of his or her arrest, or
5  (iii) expenses for hospital inpatient services for arrestees
6  enrolled for medical assistance under the Illinois Public Aid
7  Code.
8  (Source: P.A. 100-987, eff. 7-1-19.)
9  (730 ILCS 125/17.5)
10  Sec. 17.5. Pregnant committed persons female prisoners.
11  Restraint of a pregnant or postpartum committed person shall
12  comply with Section 3-15003.6 of the County Department of
13  Corrections Law Notwithstanding any other statute, directive,
14  or administrative regulation, when a pregnant female prisoner
15  is brought to a hospital from a county jail for the purpose of
16  delivering her baby, no handcuffs, shackles, or restraints of
17  any kind may be used during her transport to a medical facility
18  for the purpose of delivering her baby. Under no circumstances
19  may leg irons or shackles or waist shackles be used on any
20  pregnant female prisoner who is in labor. In addition,
21  restraint of a pregnant female prisoner in the custody of the
22  Cook County shall comply with Section 3-15003.6 of the
23  Counties Code. Upon the pregnant female prisoner's entry to
24  the hospital delivery room, 2 county correctional officers
25  must be posted immediately outside the delivery room. The

 

 

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1  Sheriff must provide for adequate personnel to monitor the
2  pregnant female prisoner during her transport to and from the
3  hospital and during her stay at the hospital.
4  (Source: P.A. 100-1051, eff. 1-1-19.)
5  (730 ILCS 125/17.6)
6  Sec. 17.6. Sheriff training related to pregnant committed
7  persons prisoners.
8  (a) The sheriff shall provide training relating to medical
9  and mental health care issues applicable to pregnant committed
10  persons prisoners confined in the county jail to:
11  (1) each correctional officer employed by the sheriff
12  at the county jail in which female committed persons are
13  confined; and
14  (2) any other sheriff employee whose duties involve
15  contact with pregnant committed persons prisoners.
16  (b) The training must include information regarding:
17  (1) appropriate care for pregnant committed persons
18  prisoners; and
19  (2) the impact on a pregnant committed person prisoner
20  and the committed person's prisoner's unborn child of:
21  (A) the use of restraints;
22  (B) placement in administrative segregation; and
23  (C) invasive searches.
24  (Source: P.A. 101-652, eff. 7-1-21.)

 

 

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1  (730 ILCS 125/17.7)
2  Sec. 17.7. Educational programming and information for
3  pregnant committed persons prisoners.
4  (a) The Illinois Department of Public Health shall provide
5  the sheriff with educational programming relating to pregnancy
6  and parenting and the sheriff shall provide the programming to
7  pregnant committed persons prisoners. The programming must
8  include instruction regarding:
9  (1) appropriate prenatal care and hygiene;
10  (2) the effects of prenatal exposure to alcohol and
11  drugs on a developing fetus;
12  (3) parenting skills; and
13  (4) medical and mental health issues applicable to
14  children.
15  (b) Each sheriff shall provide informational materials
16  concerning the laws pertaining to pregnant committed persons
17  to any pregnant or postpartum individual. The Department of
18  Public Health shall provide these informational materials to
19  the warden or the sheriff at no cost to the county and the
20  county may accept informational materials from community-based
21  organizations specializing in the rights of pregnant committed
22  persons. The informational materials must include information
23  regarding:
24  (1) the prohibition against the use of restraints;
25  (2) rules concerning the treatment of pregnant
26  committed persons, including those relating to bed height

 

 

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1  and supplemental nutrition;
2  (3) the right to spend time with a child following
3  delivery;
4  (4) the requirement to provide educational
5  programming;
6  (5) all rights under the Reproductive Health Act;
7  (6) the procedure for obtaining an abortion, if so
8  desired;
9  (7) the procedure for obtaining information about
10  guardianship or adoption resources, if so desired;
11  (8) any new or additional laws concerning the rights
12  of pregnant committed persons; and
13  (9) the address or contact information for community
14  organizations specializing in the rights of pregnant
15  committed persons for questions or concerns.
16  (c) Each sheriff must also post informational flyers
17  provided by the Department of Public Health wherever pregnant
18  committed persons may be housed.
19  (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
20  (730 ILCS 125/17.8)
21  Sec. 17.8. Committed person postpartum Prisoner
22  post-partum recovery requirements. The sheriff shall ensure
23  that, for a period of 72 hours after the birth of an infant by
24  a committed person prisoner:
25  (1) the infant is allowed to remain with the committed

 

 

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1  person prisoner, unless a medical professional determines
2  doing so would pose a health or safety risk to the
3  committed person prisoner or infant; and
4  (2) the committed person prisoner has access to any
5  nutritional or hygiene-related products necessary to care
6  for the infant, including diapers.
7  (Source: P.A. 101-652, eff. 7-1-21.)
8  (730 ILCS 125/17.9)
9  Sec. 17.9. Housing requirements applicable to pregnant
10  committed persons prisoners.
11  (a) The sheriff may not place in administrative
12  segregation a committed person prisoner who is pregnant or who
13  gave birth during the preceding 30 days unless the sheriff or
14  the sheriff's designee determines that the placement is
15  necessary based on a reasonable belief that the committed
16  person prisoner will harm herself, the committed person's
17  prisoner's infant, or any other person or will attempt escape.
18  (b) The sheriff may not assign a pregnant committed person
19  to any bed that is elevated more than 3 feet above the floor.
20  (Source: P.A. 101-652, eff. 7-1-21.)
21  (730 ILCS 125/17.10)
22  Sec. 17.10. Requirements in connection with HIV/AIDS.
23  (a) In each county other than Cook, during the medical
24  admissions exam, the warden of the jail, a correctional

 

 

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1  officer at the jail, or a member of the jail medical staff must
2  provide the committed person prisoner with appropriate written
3  information concerning human immunodeficiency virus (HIV) and
4  acquired immunodeficiency syndrome (AIDS). The Department of
5  Public Health and community-based organizations certified to
6  provide HIV/AIDS testing must provide these informational
7  materials to the warden at no cost to the county. The warden, a
8  correctional officer, or a member of the jail medical staff
9  must inform the committed person prisoner of the option of
10  being tested for infection with HIV by a certified local
11  community-based agency or other available medical provider at
12  no charge to the committed person prisoner.
13  (b) In Cook County, during the medical admissions exam, an
14  employee of the Cook County Health & Hospitals System must
15  provide the committed person prisoner with appropriate
16  information in writing, verbally or by video or other
17  electronic means concerning human immunodeficiency virus (HIV)
18  and acquired immunodeficiency syndrome (AIDS) and must also
19  provide the committed person prisoner with option of testing
20  for infection with HIV or any other identified causative agent
21  of AIDS, as well as counseling in connection with such
22  testing. The Cook County Health & Hospitals System may provide
23  the inmate with opt-out human immunodeficiency virus (HIV)
24  testing, as defined in Section 4 of the AIDS Confidentiality
25  Act, unless the inmate refuses. If opt-out HIV testing is
26  conducted, the Cook County Health & Hospitals System shall

 

 

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1  place signs in English, Spanish, and other languages as needed
2  in multiple, highly visible locations in the area where HIV
3  testing is conducted informing inmates that they will be
4  tested for HIV unless they refuse, and refusal or acceptance
5  of testing shall be documented in the inmate's medical record.
6  Pre-test information shall be provided to the inmate and
7  informed consent obtained from the inmate as required in
8  subsection (q) of Section 3 and Section 5 of the AIDS
9  Confidentiality Act. The Cook County Health & Hospitals System
10  shall follow procedures established by the Department of
11  Public Health to conduct HIV testing and testing to confirm
12  positive HIV test results. All aspects of HIV testing shall
13  comply with the requirements of the AIDS Confidentiality Act,
14  including delivery of test results, as determined by the Cook
15  County Health & Hospitals System in consultation with the
16  Illinois Department of Public Health. Nothing in this Section
17  shall require the Cook County Health & Hospitals System to
18  offer HIV testing to inmates who are known to be infected with
19  HIV. The Department of Public Health and community-based
20  organizations certified to provide HIV/AIDS testing may
21  provide these informational materials to the Bureau at no cost
22  to the county. The testing provided under this subsection (b)
23  shall consist of a test approved by the Illinois Department of
24  Public Health to determine the presence of HIV infection,
25  based upon recommendations of the United States Centers for
26  Disease Control and Prevention. If the test result is

 

 

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1  positive, a reliable supplemental test based upon
2  recommendations of the United States Centers for Disease
3  Control and Prevention shall be administered.
4  (c) In each county, the warden of the jail must make
5  appropriate written information concerning HIV/AIDS available
6  to every visitor to the jail. This information must include
7  information concerning persons or entities to contact for
8  local counseling and testing. The Department of Public Health
9  and community-based organizations certified to provide
10  HIV/AIDS testing must provide these informational materials to
11  the warden at no cost to the office of the county sheriff.
12  (d) Implementation of this Section is subject to
13  appropriation.
14  (Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11;
15  97-813, eff. 7-13-12; 98-1046, eff. 1-1-15.)
16  (730 ILCS 125/17.11 new)
17  Sec. 17.11. Supplemental nutrition during pregnancy or
18  while lactating. A committed person who is pregnant or
19  lactating, including a committed person who is nursing a baby
20  or pumping breastmilk, shall be provided supplemental
21  nutrition of at least 300 calories per day. This supplemental
22  nutrition shall be in addition to any regularly provided food
23  and shall be available outside of regular mealtimes.
24  (730 ILCS 125/19) (from Ch. 75, par. 119)

 

 

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1  Sec. 19. The Warden of the jail shall see that strict
2  attention is constantly paid to the personal cleanliness of
3  all committed persons prisoners confined in the jail.
4  (Source: P.A. 83-1073.)
5  (730 ILCS 125/19.5)
6  Sec. 19.5. Release of committed persons prisoners to law
7  enforcement personnel or State's Attorney. The sheriff may
8  adopt and implement a written policy that provides for the
9  release of a person who is in the custody of the sheriff for
10  any criminal or supposed criminal matter to sworn law
11  enforcement personnel or to the State's Attorney for the
12  purpose of furthering investigations into criminal matters
13  that are unrelated to the criminal matter for which the person
14  is held in custody. The written policy must, at a minimum,
15  require that there be a written request, signed by an
16  authorized agent of the law enforcement agency or State's
17  Attorney office, to take custody of the committed person
18  prisoner and that the written request shall include the name
19  of the individual authorized to take custody of the committed
20  person prisoner, the purpose and scope of the criminal matter
21  under investigation, and a statement of the fact that the
22  individual taking custody and agency they are employed by
23  understand the limitation of the sheriff's liability as
24  described in this Act. Upon the release of a person to law
25  enforcement personnel or the State's Attorney under written

 

 

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1  policy of the sheriff, the sheriff shall not be liable for any
2  injury of any kind, including but not limited to death, to
3  either the person released or to any third party that occurs
4  during the time period that the person is in custody of other
5  law enforcement personnel or the State's Attorney unless the
6  sheriff or a deputy sheriff, correctional guard, lockup
7  keeper, or county employee is guilty of willful and wanton
8  conduct that proximately caused the injury.
9  (Source: P.A. 92-304, eff. 8-9-01.)
10  (730 ILCS 125/20) (from Ch. 75, par. 120)
11  Sec. 20. Cost and expense; commissary fund.
12  (a) The cost and expense of keeping, maintaining and
13  furnishing the jail of each county, and of keeping and
14  maintaining the committed person prisoner thereof, except as
15  otherwise provided by law, shall be paid from the county
16  treasury, the account therefor being first settled and allowed
17  by the county board.
18  The county board may require convicted persons confined in
19  its jail to reimburse the county for the expenses incurred by
20  their incarceration to the extent of their ability to pay for
21  such expenses. The warden of the jail shall establish by
22  regulation criteria for a reasonable deduction from money
23  credited to any account of an inmate to defray the costs to the
24  county for an inmate's medical care. The State's Attorney of
25  the county in which such jail is located may, if requested by

 

 

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HB5431 Engrossed- 54 -LRB103 39388 AWJ 69563 b   HB5431 Engrossed - 54 - LRB103 39388 AWJ 69563 b
  HB5431 Engrossed - 54 - LRB103 39388 AWJ 69563 b
1  the County Board, institute civil actions in the circuit court
2  of the county in which the jail is located to recover from such
3  convicted confined persons the expenses incurred by their
4  confinement. The funds recovered shall be paid into the county
5  treasury.
6  (a-5) Upon notification from the Clerk of the Circuit
7  Court of an outstanding fine, restitution, or costs imposed by
8  the court on a jail inmate, the warden of the jail may, at any
9  time prior to release of the inmate, deduct from money
10  credited to any account of the inmate an amount to pay or
11  reduce the outstanding balance. The warden of the jail shall
12  establish by regulation criteria for deduction from money
13  credited to any account of an inmate to pay or reduce the
14  amount outstanding on a fine, restitution, or costs imposed by
15  the court on the inmate. The regulation shall comply with any
16  withholding restrictions otherwise provided by law. The inmate
17  shall be provided with written notice of the amount of any
18  deduction. There shall also be prominent notice by signage at
19  any location where the warden of the jail or jail employees
20  receive funds for deposit into an inmate's account, that funds
21  in an inmate's account may be used to pay fines, restitution,
22  or costs imposed on the inmate by a court. Any person providing
23  funds for an inmate's account shall be notified in writing
24  when the funds are provided, that funds in an inmate's account
25  may be used to pay fines, restitution, or costs imposed on the
26  inmate by a court.

 

 

  HB5431 Engrossed - 54 - LRB103 39388 AWJ 69563 b


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  HB5431 Engrossed - 55 - LRB103 39388 AWJ 69563 b
1  (b) When a committed person prisoner is released from the
2  county jail after the completion of his or her sentence and has
3  money credited to his or her account in the commissary fund,
4  the sheriff or a person acting on the authority of the sheriff
5  must mail a check in the amount credited to the committed
6  person's prisoner's account to the committed person's
7  prisoner's last known address. If after 30 days from the date
8  of mailing of the check, the check is returned undelivered,
9  the sheriff must transmit the amount of the check to the county
10  treasurer for deposit into the commissary fund. Nothing in
11  this subsection (b) constitutes a forfeiture of the committed
12  person's prisoner's right to claim the money accredited to his
13  or her account after the 30-day period.
14  (Source: P.A. 96-432, eff. 8-13-09.)
15  (730 ILCS 125/21) (from Ch. 75, par. 121)
16  Sec. 21. Whenever a committed person prisoner is committed
17  to the jail of one county for a criminal offense committed or
18  charged to have been committed in another, or is transferred
19  to another county for safekeeping or trial, the county in
20  which the crime was committed, or charged to have been
21  committed, shall pay the expenses of the keeping of such
22  committed person prisoner. In civil suits, the plaintiff or
23  defendant shall pay the expenses, in the same manner as if the
24  imprisonment had taken place in the same county where the suit
25  was commenced.

 

 

  HB5431 Engrossed - 55 - LRB103 39388 AWJ 69563 b


HB5431 Engrossed- 56 -LRB103 39388 AWJ 69563 b   HB5431 Engrossed - 56 - LRB103 39388 AWJ 69563 b
  HB5431 Engrossed - 56 - LRB103 39388 AWJ 69563 b

 

 

  HB5431 Engrossed - 56 - LRB103 39388 AWJ 69563 b