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Illinois House Bill HB5431

Illinois 2023-2024 Regular Session

Illinois House Bill HB5431 Compare Versions

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1-Public Act 103-0745
21 HB5431 EnrolledLRB103 39388 AWJ 69563 b HB5431 Enrolled LRB103 39388 AWJ 69563 b
32 HB5431 Enrolled LRB103 39388 AWJ 69563 b
4-AN ACT concerning government.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Counties Code is amended by changing
8-Sections 3-15003, 3-15003.6, 3-15003.7, 3-15003.8, 3-15003.9,
9-and 3-15003.10 and by adding Sections 3-15003.11 and
10-3-15003.12 as follows:
11-(55 ILCS 5/3-15003) (from Ch. 34, par. 3-15003)
12-Sec. 3-15003. Powers and duties. Under the direction of
13-the Sheriff the Department shall have the powers and duties
14-enumerated as follows:
15-(a) To operate and have jurisdiction over the county jail,
16-municipal houses of correction within the county and any other
17-penal, corrections or committed person prisoner diagnostic
18-center facility operated by either the county jail or
19-municipal houses of correction.
20-(b) To have charge of all committed persons prisoners held
21-in any institution, center or other facility in the county
22-over which it has jurisdiction under subsection (a) of this
23-Section, whether they are misdemeanants, felons, persons held
24-for trial, persons held in protective custody, persons held
25-for transfer to other detention facilities or persons held for
26-non-payment of fines, for violations of ordinances or any
3+1 AN ACT concerning government.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Counties Code is amended by changing
7+5 Sections 3-15003, 3-15003.6, 3-15003.7, 3-15003.8, 3-15003.9,
8+6 and 3-15003.10 and by adding Sections 3-15003.11 and
9+7 3-15003.12 as follows:
10+8 (55 ILCS 5/3-15003) (from Ch. 34, par. 3-15003)
11+9 Sec. 3-15003. Powers and duties. Under the direction of
12+10 the Sheriff the Department shall have the powers and duties
13+11 enumerated as follows:
14+12 (a) To operate and have jurisdiction over the county jail,
15+13 municipal houses of correction within the county and any other
16+14 penal, corrections or committed person prisoner diagnostic
17+15 center facility operated by either the county jail or
18+16 municipal houses of correction.
19+17 (b) To have charge of all committed persons prisoners held
20+18 in any institution, center or other facility in the county
21+19 over which it has jurisdiction under subsection (a) of this
22+20 Section, whether they are misdemeanants, felons, persons held
23+21 for trial, persons held in protective custody, persons held
24+22 for transfer to other detention facilities or persons held for
25+23 non-payment of fines, for violations of ordinances or any
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33-other quasi-criminal charges. Nothing in this Division applies
34-to minors subject to proceedings under the Juvenile Court Act
35-of 1987. It may transfer or recommit any committed person
36-prisoner from one institution, center or other such facility
37-to any other institution, center or other facility whenever it
38-determines that such transfer or recommitment would promote
39-the welfare or rehabilitation of the committed person
40-prisoner, or that such transfer or recommitment is necessary
41-to relieve overcrowding.
42-(c) To establish diagnostic, classification and
43-rehabilitation services and programs at the county jail and
44-such other facilities over which it has jurisdiction under
45-subsection (a) of this Section as may be appropriate.
46-(d) To establish, whenever feasible, separate detention
47-and commitment facilities and utilize the facilities over
48-which it has jurisdiction under subsection (a) of this Section
49-in a manner which provides separate detention and commitment
50-facilities.
51-(Source: P.A. 86-962.)
52-(55 ILCS 5/3-15003.6)
53-Sec. 3-15003.6. Pregnant committed persons female
54-prisoners.
55-(a) Definitions. For the purpose of this Section and the
56-Sections preceding Section 3-15004 Sections 3-15003.7,
57-3-15003.8, 3-15003.9, and 3-15003.10:
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34+1 other quasi-criminal charges. Nothing in this Division applies
35+2 to minors subject to proceedings under the Juvenile Court Act
36+3 of 1987. It may transfer or recommit any committed person
37+4 prisoner from one institution, center or other such facility
38+5 to any other institution, center or other facility whenever it
39+6 determines that such transfer or recommitment would promote
40+7 the welfare or rehabilitation of the committed person
41+8 prisoner, or that such transfer or recommitment is necessary
42+9 to relieve overcrowding.
43+10 (c) To establish diagnostic, classification and
44+11 rehabilitation services and programs at the county jail and
45+12 such other facilities over which it has jurisdiction under
46+13 subsection (a) of this Section as may be appropriate.
47+14 (d) To establish, whenever feasible, separate detention
48+15 and commitment facilities and utilize the facilities over
49+16 which it has jurisdiction under subsection (a) of this Section
50+17 in a manner which provides separate detention and commitment
51+18 facilities.
52+19 (Source: P.A. 86-962.)
53+20 (55 ILCS 5/3-15003.6)
54+21 Sec. 3-15003.6. Pregnant committed persons female
55+22 prisoners.
56+23 (a) Definitions. For the purpose of this Section and the
57+24 Sections preceding Section 3-15004 Sections 3-15003.7,
58+25 3-15003.8, 3-15003.9, and 3-15003.10:
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60-(1) "Restraints" means any physical restraint or
61-mechanical device used to control the movement of a
62-prisoner's body or limbs, or both, including, but not
63-limited to, flex cuffs, soft restraints, hard metal
64-handcuffs, a black box, Chubb cuffs, leg irons, belly
65-chains, a security (tether) chain, or a convex shield, or
66-shackles of any kind.
67-(2) "Labor" means the period of time before a birth
68-and shall include any medical condition in which an
69-individual a woman is sent or brought to the hospital for
70-the purpose of delivering a her baby. These situations
71-include: induction of labor, prodromal labor, pre-term
72-labor, prelabor rupture of membranes, the 3 stages of
73-active labor, uterine hemorrhage during the third
74-trimester of pregnancy, and caesarian delivery including
75-pre-operative preparation.
76-(3) "Postpartum" means the 6-week period following
77-birth unless determined to be a longer period by a
78-physician, advanced practice registered nurse, physician
79-assistant, or other qualified medical professional.
80-"Post-partum" means, as determined by her physician,
81-advanced practice registered nurse, or physician
82-assistant, the period immediately following delivery,
83-including the entire period a woman is in the hospital or
84-infirmary after birth.
85-(4) "Correctional institution" means any entity under
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88-the authority of a county law enforcement division of a
89-county of more than 3,000,000 inhabitants that has the
90-power to detain or restrain, or both, a person under the
91-laws of the State.
92-(5) "Corrections official" means the official that is
93-responsible for oversight of a correctional institution,
94-or his or her designee.
95-(6) "Committed person" "Prisoner" means any person
96-incarcerated or detained in any facility who is accused
97-of, convicted of, sentenced for, or adjudicated delinquent
98-for, violations of criminal law or the terms and
99-conditions of parole, probation, pretrial release, or
100-diversionary program, and any person detained under the
101-immigration laws of the United States at any correctional
102-facility.
103-(7) "Extraordinary circumstance" means an
104-extraordinary medical or security circumstance, including
105-a substantial flight risk, that dictates restraints be
106-used to ensure the safety and security of the committed
107-person prisoner, the staff of the correctional institution
108-or medical facility, other committed persons prisoners, or
109-the public.
110-(8) "Participant' means an individual placed into an
111-electronic monitoring program, as defined by Section
112-5-8A-2 of the Unified Code of Corrections.
113-(b) A county department of corrections shall not apply
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116-security restraints to a committed person prisoner that has
117-been determined by a qualified medical professional to be
118-pregnant or otherwise and is known by the county department of
119-corrections to be pregnant or in postpartum recovery, which is
120-the entire period a woman is in the medical facility after
121-birth, unless the corrections official makes an individualized
122-determination that the committed person prisoner presents a
123-substantial flight risk or some other extraordinary
124-circumstance that dictates security restraints be used to
125-ensure the safety and security of the committed person
126-prisoner, committed person's her child or unborn child, the
127-staff of the county department of corrections or medical
128-facility, other committed persons prisoners, or the public.
129-The protections set out in clauses (b)(3) and (b)(4) of this
130-Section shall apply to security restraints used pursuant to
131-this subsection. The corrections official shall immediately
132-remove all restraints upon the written or oral request of
133-medical personnel. The corrections official shall immediately
134-remove all approved electronic monitoring devices, as that
135-term is defined in Section 5-8A-2 of the Unified Code of
136-Corrections, of a pregnant participant during labor and
137-delivery or earlier upon the written or oral request of
138-medical personnel. Oral requests made by medical personnel
139-shall be verified in writing as promptly as reasonably
140-possible.
141-(1) Qualified authorized health staff shall have the
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69+1 (1) "Restraints" means any physical restraint or
70+2 mechanical device used to control the movement of a
71+3 prisoner's body or limbs, or both, including, but not
72+4 limited to, flex cuffs, soft restraints, hard metal
73+5 handcuffs, a black box, Chubb cuffs, leg irons, belly
74+6 chains, a security (tether) chain, or a convex shield, or
75+7 shackles of any kind.
76+8 (2) "Labor" means the period of time before a birth
77+9 and shall include any medical condition in which an
78+10 individual a woman is sent or brought to the hospital for
79+11 the purpose of delivering a her baby. These situations
80+12 include: induction of labor, prodromal labor, pre-term
81+13 labor, prelabor rupture of membranes, the 3 stages of
82+14 active labor, uterine hemorrhage during the third
83+15 trimester of pregnancy, and caesarian delivery including
84+16 pre-operative preparation.
85+17 (3) "Postpartum" means the 6-week period following
86+18 birth unless determined to be a longer period by a
87+19 physician, advanced practice registered nurse, physician
88+20 assistant, or other qualified medical professional.
89+21 "Post-partum" means, as determined by her physician,
90+22 advanced practice registered nurse, or physician
91+23 assistant, the period immediately following delivery,
92+24 including the entire period a woman is in the hospital or
93+25 infirmary after birth.
94+26 (4) "Correctional institution" means any entity under
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144-authority to order therapeutic restraints for a pregnant
145-or postpartum committed person prisoner who is a danger to
146-the committed person, the committed person's herself, her
147-child, unborn child, or other persons due to a psychiatric
148-or medical disorder. Therapeutic restraints may only be
149-initiated, monitored and discontinued by qualified and
150-authorized health staff and used to safely limit a
151-committed person's prisoner's mobility for psychiatric or
152-medical reasons. No order for therapeutic restraints shall
153-be written unless medical or mental health personnel,
154-after personally observing and examining the committed
155-person prisoner, are clinically satisfied that the use of
156-therapeutic restraints is justified and permitted in
157-accordance with hospital policies and applicable State
158-law. Metal handcuffs or shackles are not considered
159-therapeutic restraints.
160-(2) Whenever therapeutic restraints are used by
161-medical personnel, Section 2-108 of the Mental Health and
162-Developmental Disabilities Code shall apply.
163-(3) Leg irons, shackles or waist shackles shall not be
164-used on any pregnant or postpartum committed person
165-prisoner regardless of security classification. Except for
166-therapeutic restraints under clause (b)(2), no restraints
167-of any kind may be applied to committed persons prisoners
168-during labor.
169-(4) When a pregnant or postpartum committed person
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172-prisoner must be restrained, restraints used shall be the
173-least restrictive restraints possible to ensure the safety
174-and security of the committed person prisoner, the
175-committed person's her child, unborn child, the staff of
176-the county department of corrections or medical facility,
177-other committed persons prisoners, or the public, and in
178-no case shall include leg irons, shackles or waist
179-shackles.
180-(5) Upon the pregnant committed person's prisoner's
181-entry into a hospital room, and completion of initial room
182-inspection, a corrections official shall be posted
183-immediately outside the hospital room, unless requested to
184-be in the room by medical personnel attending to the
185-committed person's prisoner's medical needs.
186-(6) The county department of corrections shall provide
187-adequate corrections personnel to monitor the pregnant
188-committed person prisoner during the committed person's
189-her transport to and from the hospital and during the
190-committed person's her stay at the hospital.
191-(7) Where the county department of corrections
192-requires committed person prisoner safety assessments, a
193-corrections official may enter the hospital room to
194-conduct periodic committed person prisoner safety
195-assessments, except during a medical examination or the
196-delivery process.
197-(8) (Blank). Upon discharge from a medical facility,
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200-postpartum prisoners shall be restrained only with
201-handcuffs in front of the body during transport to the
202-county department of corrections. A corrections official
203-shall immediately remove all security restraints upon
204-written or oral request by medical personnel. Oral
205-requests made by medical personnel shall be verified in
206-writing as promptly as reasonably possible.
207-(c) Enforcement. No later than 30 days before the end of
208-each fiscal year, the county sheriff or corrections official
209-of the correctional institution where a pregnant or postpartum
210-committed person prisoner has been restrained pursuant to this
211-Section during that previous fiscal year, shall submit a
212-written report to the Jail and Detention Standards Unit of the
213-Department of Corrections, in a form and manner prescribed by
214-the Department, Illinois General Assembly and the Office of
215-the Governor that includes an account of every instance of
216-prisoner restraint pursuant to this Section. The written
217-report shall state the date, time, location and rationale for
218-each instance in which restraints are used. The written report
219-shall not contain any individually identifying information of
220-any committed person prisoner. Such reports shall be made
221-available for public inspection.
222-(d) Data reporting. No later than 30 days before the end of
223-each fiscal year, each county sheriff shall submit a written
224-report to the Jail and Detention Standards Unit of the
225-Department of Corrections, in a form and manner prescribed by
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105+1 the authority of a county law enforcement division of a
106+2 county of more than 3,000,000 inhabitants that has the
107+3 power to detain or restrain, or both, a person under the
108+4 laws of the State.
109+5 (5) "Corrections official" means the official that is
110+6 responsible for oversight of a correctional institution,
111+7 or his or her designee.
112+8 (6) "Committed person" "Prisoner" means any person
113+9 incarcerated or detained in any facility who is accused
114+10 of, convicted of, sentenced for, or adjudicated delinquent
115+11 for, violations of criminal law or the terms and
116+12 conditions of parole, probation, pretrial release, or
117+13 diversionary program, and any person detained under the
118+14 immigration laws of the United States at any correctional
119+15 facility.
120+16 (7) "Extraordinary circumstance" means an
121+17 extraordinary medical or security circumstance, including
122+18 a substantial flight risk, that dictates restraints be
123+19 used to ensure the safety and security of the committed
124+20 person prisoner, the staff of the correctional institution
125+21 or medical facility, other committed persons prisoners, or
126+22 the public.
127+23 (8) "Participant' means an individual placed into an
128+24 electronic monitoring program, as defined by Section
129+25 5-8A-2 of the Unified Code of Corrections.
130+26 (b) A county department of corrections shall not apply
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228-the Department, that includes the number of pregnant committed
229-persons in custody each year and the number of people who
230-deliver or miscarry while in custody. The written reports
231-shall not contain any individually identifying information of
232-a committed person. The written reports shall be made
233-available for public inspection.
234-(Source: P.A. 100-513, eff. 1-1-18; 101-652, eff. 7-1-21.)
235-(55 ILCS 5/3-15003.7)
236-Sec. 3-15003.7. Corrections official training related to
237-pregnant committed persons prisoners.
238-(a) A county department of corrections shall provide
239-training relating to medical and mental health care issues
240-applicable to pregnant committed persons prisoners to:
241-(1) each corrections official employed by a county
242-department at a correctional institution in which female
243-committed persons prisoners are confined; and
244-(2) any other county department of corrections
245-employee whose duties involve contact with pregnant
246-committed persons prisoners.
247-(b) The training must include information regarding:
248-(1) appropriate care for pregnant committed persons
249-prisoners; and
250-(2) the impact on a pregnant committed person prisoner
251-and the committed person's prisoner's unborn child of:
252-(A) the use of restraints;
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255-(B) placement in administrative segregation; and
256-(C) invasive searches.
257-(Source: P.A. 101-652, eff. 7-1-21.)
258-(55 ILCS 5/3-15003.8)
259-Sec. 3-15003.8. Educational programming and information
260-for pregnant committed persons prisoners.
261-(a) The Illinois Department of Public Health shall provide
262-the county department of corrections with educational
263-programming relating to pregnancy and parenting and the county
264-department of corrections shall provide the programming to
265-pregnant committed persons prisoners. The programming must
266-include instruction regarding:
267-(1) appropriate prenatal care and hygiene;
268-(2) the effects of prenatal exposure to alcohol and
269-drugs on a developing fetus;
270-(3) parenting skills; and
271-(4) medical and mental health issues applicable to
272-children.
273-(b) Each county department of corrections shall provide
274-written informational materials concerning the laws pertaining
275-to pregnant committed persons to any pregnant or postpartum
276-individual. The Department of Public Health shall provide
277-these informational materials to the warden of the county
278-department of corrections at no cost to the county and the
279-county may accept informational materials from community-based
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282-organizations specializing in the rights of pregnant committed
283-persons. The informational materials must include information
284-regarding:
285-(1) the prohibition against the use of restraints;
286-(2) rules concerning the treatment of pregnant
287-committed persons, including those relating to bed height
288-and supplemental nutrition;
289-(3) the right to spend time with a child following
290-delivery;
291-(4) the requirement to provide educational
292-programming;
293-(5) all rights under the Reproductive Health Act;
294-(6) the procedure for obtaining an abortion, if so
295-desired;
296-(7) the procedure for obtaining information about
297-guardianship or adoption resources, if so desired;
298-(8) any new or additional laws concerning the rights
299-of pregnant committed persons; and
300-(9) the address or contact information for community
301-organizations specializing in the rights of pregnant
302-committed persons for questions or concerns.
303-(c) Each county department of corrections must also post
304-informational flyers provided by the Department of Public
305-Health wherever pregnant committed persons may be housed.
306-(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
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141+1 security restraints to a committed person prisoner that has
142+2 been determined by a qualified medical professional to be
143+3 pregnant or otherwise and is known by the county department of
144+4 corrections to be pregnant or in postpartum recovery, which is
145+5 the entire period a woman is in the medical facility after
146+6 birth, unless the corrections official makes an individualized
147+7 determination that the committed person prisoner presents a
148+8 substantial flight risk or some other extraordinary
149+9 circumstance that dictates security restraints be used to
150+10 ensure the safety and security of the committed person
151+11 prisoner, committed person's her child or unborn child, the
152+12 staff of the county department of corrections or medical
153+13 facility, other committed persons prisoners, or the public.
154+14 The protections set out in clauses (b)(3) and (b)(4) of this
155+15 Section shall apply to security restraints used pursuant to
156+16 this subsection. The corrections official shall immediately
157+17 remove all restraints upon the written or oral request of
158+18 medical personnel. The corrections official shall immediately
159+19 remove all approved electronic monitoring devices, as that
160+20 term is defined in Section 5-8A-2 of the Unified Code of
161+21 Corrections, of a pregnant participant during labor and
162+22 delivery or earlier upon the written or oral request of
163+23 medical personnel. Oral requests made by medical personnel
164+24 shall be verified in writing as promptly as reasonably
165+25 possible.
166+26 (1) Qualified authorized health staff shall have the
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309-(55 ILCS 5/3-15003.9)
310-Sec. 3-15003.9. Committed person postpartum Prisoner
311-post-partum recovery requirements. A county department of
312-corrections shall ensure that, for a period of 72 hours after
313-the birth of an infant by a committed person prisoner:
314-(1) the infant is allowed to remain with the committed
315-person prisoner, unless a medical professional determines
316-doing so would pose a health or safety risk to the
317-committed person prisoner or infant; and
318-(2) the committed person prisoner has access to any
319-nutritional or hygiene-related products necessary to care
320-for the infant, including diapers.
321-(Source: P.A. 101-652, eff. 7-1-21.)
322-(55 ILCS 5/3-15003.10)
323-Sec. 3-15003.10. Housing requirements applicable to
324-pregnant committed persons prisoners.
325-(a) A county department of corrections may not place in
326-administrative segregation a committed person prisoner who is
327-pregnant or who gave birth during the preceding 30 days unless
328-the director of the county department of corrections or the
329-director's designee determines that the placement is necessary
330-based on a reasonable belief that the committed person
331-prisoner will harm herself, the committed person's prisoner's
332-infant, or any other person or will attempt escape.
333-(b) A county department of corrections may not assign a
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336-pregnant committed person prisoner to any bed that is elevated
337-more than 3 feet above the floor.
338-(Source: P.A. 101-652, eff. 7-1-21.)
339-(55 ILCS 5/3-15003.11 new)
340-Sec. 3-15003.11. Supplemental nutrition during pregnancy
341-or lactation. A committed person who is pregnant or lactating,
342-including a committed person who is nursing a baby or pumping
343-breastmilk, shall be provided supplemental nutrition of at
344-least 300 calories per day. This supplemental nutrition shall
345-be in addition to any regularly provided food and shall be
346-available outside of regular mealtimes.
347-(55 ILCS 5/3-15003.12 new)
348-Sec. 3-15003.12. Medical screening; pregnancy test. When a
349-person with a uterus is committed to a facility, the person
350-shall within 14 days be given a medical screening and offered a
351-pregnancy test.
352-Section 10. The Health Care Violence Prevention Act is
353-amended by changing Section 30 as follows:
354-(210 ILCS 160/30)
355-Sec. 30. Medical care for committed persons.
356-(a) If a committed person receives medical care and
357-treatment at a place other than an institution or facility of
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360-the Department of Corrections, a county, or a municipality,
361-then the institution or facility shall:
362-(1) to the greatest extent practicable, notify the
363-hospital or medical facility that is treating the
364-committed person prior to the committed person's visit and
365-notify the hospital or medical facility of any significant
366-medical, mental health, recent violent actions, or other
367-safety concerns regarding the patient;
368-(2) to the greatest extent practicable, ensure the
369-transferred committed person is accompanied by the most
370-comprehensive medical records possible;
371-(3) provide at least one guard trained in custodial
372-escort and custody of high-risk committed persons to
373-accompany any committed person. The custodial agency shall
374-attest to such training for custodial escort and custody
375-of high-risk committed persons through: (A) the training
376-of the Department of Corrections, Department of Juvenile
377-Justice, or Illinois State Police; (B) law enforcement
378-training that is substantially equivalent to the training
379-of the Department of Corrections, Department of Juvenile
380-Justice, or Illinois State Police; or (C) the training
381-described in Section 35. Under no circumstances may leg
382-irons or shackles or waist shackles be used on any
383-pregnant committed person female prisoner who is in labor.
384-In addition, restraint of a pregnant committed person
385-female prisoner in the custody of the Cook County shall
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177+1 authority to order therapeutic restraints for a pregnant
178+2 or postpartum committed person prisoner who is a danger to
179+3 the committed person, the committed person's herself, her
180+4 child, unborn child, or other persons due to a psychiatric
181+5 or medical disorder. Therapeutic restraints may only be
182+6 initiated, monitored and discontinued by qualified and
183+7 authorized health staff and used to safely limit a
184+8 committed person's prisoner's mobility for psychiatric or
185+9 medical reasons. No order for therapeutic restraints shall
186+10 be written unless medical or mental health personnel,
187+11 after personally observing and examining the committed
188+12 person prisoner, are clinically satisfied that the use of
189+13 therapeutic restraints is justified and permitted in
190+14 accordance with hospital policies and applicable State
191+15 law. Metal handcuffs or shackles are not considered
192+16 therapeutic restraints.
193+17 (2) Whenever therapeutic restraints are used by
194+18 medical personnel, Section 2-108 of the Mental Health and
195+19 Developmental Disabilities Code shall apply.
196+20 (3) Leg irons, shackles or waist shackles shall not be
197+21 used on any pregnant or postpartum committed person
198+22 prisoner regardless of security classification. Except for
199+23 therapeutic restraints under clause (b)(2), no restraints
200+24 of any kind may be applied to committed persons prisoners
201+25 during labor.
202+26 (4) When a pregnant or postpartum committed person
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388-comply with Section 3-15003.6 of the Counties Code.
389-Additionally, restraints shall not be used on a committed
390-person if medical personnel determine that the restraints
391-would impede medical treatment; and
392-(4) ensure that only medical personnel, Department of
393-Corrections, county, or municipality personnel, and
394-visitors on the committed person's approved institutional
395-visitors list may visit the committed person. Visitation
396-by a person on the committed person's approved
397-institutional visitors list shall be subject to the rules
398-and procedures of the hospital or medical facility and the
399-Department of Corrections, county, or municipality. In any
400-situation in which a committed person is being visited:
401-(A) the name of the visitor must be listed per the
402-facility's or institution's documentation;
403-(B) the visitor shall submit to the search of his
404-or her person or any personal property under his or her
405-control at any time; and
406-(C) the custodial agency may deny the committed
407-person access to a telephone or limit the number of
408-visitors the committed person may receive for purposes
409-of safety.
410-If a committed person receives medical care and treatment
411-at a place other than an institution or facility of the
412-Department of Corrections, county, or municipality, then the
413-custodial agency shall ensure that the committed person is
414205
415206
416-wearing security restraints in accordance with the custodial
417-agency's rules and procedures if the custodial agency
418-determines that restraints are necessary for the following
419-reasons: (i) to prevent physical harm to the committed person
420-or another person; (ii) because the committed person has a
421-history of disruptive behavior that has placed others in
422-potentially harmful situations or presents a substantial risk
423-of inflicting physical harm on himself or herself or others as
424-evidenced by recent behavior; or (iii) there is a well-founded
425-belief that the committed person presents a substantial risk
426-of flight. Under no circumstances may leg irons or shackles or
427-waist shackles be used on any pregnant committed person female
428-prisoner who is in labor. In addition, restraint of a pregnant
429-committed person female prisoner in the custody of the Cook
430-County shall comply with Section 3-15003.6 of the Counties
431-Code.
432-The hospital or medical facility may establish protocols
433-for the receipt of committed persons in collaboration with the
434-Department of Corrections, county, or municipality,
435-specifically with regard to potentially violent persons.
436-(b) If a committed person receives medical care and
437-treatment at a place other than an institution or facility of
438-the Department of Juvenile Justice, then the institution or
439-facility shall:
440-(1) to the greatest extent practicable, notify the
441-hospital or medical facility that is treating the
207+
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442209
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444-committed person prior to the committed person's visit,
445-and notify the hospital or medical facility of any
446-significant medical, mental health, recent violent
447-actions, or other safety concerns regarding the patient;
448-(2) to the greatest extent practicable, ensure the
449-transferred committed person is accompanied by the most
450-comprehensive medical records possible;
451-(3) provide: (A) at least one guard trained in
452-custodial escort and custody of high-risk committed
453-persons to accompany any committed person. The custodial
454-agency shall attest to such training for custodial escort
455-and custody of high-risk committed persons through: (i)
456-the training of the Department of Corrections, Department
457-of Juvenile Justice, or Illinois State Police, (ii) law
458-enforcement training that is substantially equivalent to
459-the training of the Department of Corrections, Department
460-of Juvenile Justice, or Illinois State Police, or (iii)
461-the training described in Section 35; or (B) 2 guards to
462-accompany the committed person at all times during the
463-visit to the hospital or medical facility; and
464-(4) ensure that only medical personnel, Department of
465-Juvenile Justice personnel, and visitors on the committed
466-person's approved institutional visitors list may visit
467-the committed person. Visitation by a person on the
468-committed person's approved institutional visitors list
469-shall be subject to the rules and procedures of the
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212+ HB5431 Enrolled - 7 - LRB103 39388 AWJ 69563 b
213+1 prisoner must be restrained, restraints used shall be the
214+2 least restrictive restraints possible to ensure the safety
215+3 and security of the committed person prisoner, the
216+4 committed person's her child, unborn child, the staff of
217+5 the county department of corrections or medical facility,
218+6 other committed persons prisoners, or the public, and in
219+7 no case shall include leg irons, shackles or waist
220+8 shackles.
221+9 (5) Upon the pregnant committed person's prisoner's
222+10 entry into a hospital room, and completion of initial room
223+11 inspection, a corrections official shall be posted
224+12 immediately outside the hospital room, unless requested to
225+13 be in the room by medical personnel attending to the
226+14 committed person's prisoner's medical needs.
227+15 (6) The county department of corrections shall provide
228+16 adequate corrections personnel to monitor the pregnant
229+17 committed person prisoner during the committed person's
230+18 her transport to and from the hospital and during the
231+19 committed person's her stay at the hospital.
232+20 (7) Where the county department of corrections
233+21 requires committed person prisoner safety assessments, a
234+22 corrections official may enter the hospital room to
235+23 conduct periodic committed person prisoner safety
236+24 assessments, except during a medical examination or the
237+25 delivery process.
238+26 (8) (Blank). Upon discharge from a medical facility,
470239
471240
472-hospital or medical facility and the Department of
473-Juvenile Justice. In any situation in which a committed
474-person is being visited:
475-(A) the name of the visitor must be listed per the
476-facility's or institution's documentation;
477-(B) the visitor shall submit to the search of his
478-or her person or any personal property under his or her
479-control at any time; and
480-(C) the custodial agency may deny the committed
481-person access to a telephone or limit the number of
482-visitors the committed person may receive for purposes
483-of safety.
484-If a committed person receives medical care and treatment
485-at a place other than an institution or facility of the
486-Department of Juvenile Justice, then the Department of
487-Juvenile Justice shall ensure that the committed person is
488-wearing security restraints on either his or her wrists or
489-ankles in accordance with the rules and procedures of the
490-Department of Juvenile Justice if the Department of Juvenile
491-Justice determines that restraints are necessary for the
492-following reasons: (i) to prevent physical harm to the
493-committed person or another person; (ii) because the committed
494-person has a history of disruptive behavior that has placed
495-others in potentially harmful situations or presents a
496-substantial risk of inflicting physical harm on himself or
497-herself or others as evidenced by recent behavior; or (iii)
498241
499242
500-there is a well-founded belief that the committed person
501-presents a substantial risk of flight. Any restraints used on
502-a committed person under this paragraph shall be the least
503-restrictive restraints necessary to prevent flight or physical
504-harm to the committed person or another person. Restraints
505-shall not be used on the committed person as provided in this
506-paragraph if medical personnel determine that the restraints
507-would impede medical treatment. Under no circumstances may leg
508-irons or shackles or waist shackles be used on any pregnant
509-committed person female prisoner who is in labor. In addition,
510-restraint of a pregnant committed person female prisoner in
511-the custody of the Cook County shall comply with Section
512-3-15003.6 of the Counties Code.
513-The hospital or medical facility may establish protocols
514-for the receipt of committed persons in collaboration with the
515-Department of Juvenile Justice, specifically with regard to
516-persons recently exhibiting violence.
517-(Source: P.A. 102-538, eff. 8-20-21.)
518-Section 15. The Unified Code of Corrections is amended by
519-changing Sections 3-6-7, 3-6-7.2, 3-6-7.3, and 5-8A-4 and by
520-adding Sections 3-6-0.5, 3-6-7.5, and 3-6-7.6 as follows:
521-(730 ILCS 5/3-6-0.5 new)
522-Sec. 3-6-0.5. Definitions. As used in this Section and
523-Sections 3-6-7, 3-6-7.2, 3-6-7.3, and 3-6-7.4:
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525246
526-"Extraordinary circumstance" means an extraordinary
527-medical or security circumstance, including a substantial
528-flight risk, that dictates restraints be used to ensure the
529-safety and security of the committed person, the staff of the
530-correctional institution or medical facility, other committed
531-persons, or the public.
532-"Labor" means the period of time before a birth and shall
533-include any medical condition in which an individual is sent
534-or brought to the hospital for the purpose of delivering a
535-baby. These situations include: induction of labor, prodromal
536-labor, pre-term labor, prelabor rupture of membranes, the 3
537-stages of active labor, uterine hemorrhage during the third
538-trimester of pregnancy, and caesarian delivery, including
539-pre-operative preparation.
540-"Postpartum" means the 6-week period following birth
541-unless determined to be a longer period by a physician,
542-advanced practice registered nurse, physician assistant, or
543-other qualified medical professional.
544-"Restraints" means any physical restraint or mechanical
545-device used to control the movement of a committed person's
546-body or limbs, or both, including, but not limited to, flex
547-cuffs, soft restraints, hard metal handcuffs, a black box,
548-Chubb cuffs, leg irons, belly chains, a security (tether)
549-chain, or a convex shield, or shackles of any kind.
550-(730 ILCS 5/3-6-7)
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248+ HB5431 Enrolled - 8 - LRB103 39388 AWJ 69563 b
249+1 postpartum prisoners shall be restrained only with
250+2 handcuffs in front of the body during transport to the
251+3 county department of corrections. A corrections official
252+4 shall immediately remove all security restraints upon
253+5 written or oral request by medical personnel. Oral
254+6 requests made by medical personnel shall be verified in
255+7 writing as promptly as reasonably possible.
256+8 (c) Enforcement. No later than 30 days before the end of
257+9 each fiscal year, the county sheriff or corrections official
258+10 of the correctional institution where a pregnant or postpartum
259+11 committed person prisoner has been restrained pursuant to this
260+12 Section during that previous fiscal year, shall submit a
261+13 written report to the Jail and Detention Standards Unit of the
262+14 Department of Corrections, in a form and manner prescribed by
263+15 the Department, Illinois General Assembly and the Office of
264+16 the Governor that includes an account of every instance of
265+17 prisoner restraint pursuant to this Section. The written
266+18 report shall state the date, time, location and rationale for
267+19 each instance in which restraints are used. The written report
268+20 shall not contain any individually identifying information of
269+21 any committed person prisoner. Such reports shall be made
270+22 available for public inspection.
271+23 (d) Data reporting. No later than 30 days before the end of
272+24 each fiscal year, each county sheriff shall submit a written
273+25 report to the Jail and Detention Standards Unit of the
274+26 Department of Corrections, in a form and manner prescribed by
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552276
553-Sec. 3-6-7. Pregnant female committed persons.
554-(a) The Department shall not apply security restraints to
555-a committed person that has been determined by a qualified
556-medical professional to be pregnant or otherwise is known by
557-the Department to be pregnant or in postpartum recovery,
558-unless the correctional official makes an individualized
559-determination that the committed person presents a substantial
560-flight risk or some other extraordinary circumstance that
561-dictates security restraints be used to ensure the safety and
562-security of the committed person, the committed person's child
563-or unborn child, the staff of the Department or medical
564-facility, other committed persons, or the public. The
565-protections set out in paragraphs (3) and (4) of this Section
566-shall apply to security restraints used as provided in this
567-subsection. The correctional officer employed by the
568-Department shall immediately remove all restraints and
569-approved electronic monitoring devices, as that term is
570-defined in Section 5-8A-2 of the Unified Code of Corrections,
571-upon the written or oral request of medical personnel. Oral
572-requests made by medical personnel shall be verified in
573-writing as promptly as reasonably possible.
574-(1) Qualified authorized health staff shall have the
575-authority to order therapeutic restraints for a pregnant
576-or postpartum committed person who is a danger to the
577-committed person, the committed person's child, unborn
578-child, or other persons due to a psychiatric or medical
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580278
581-disorder. Therapeutic restraints may only be initiated,
582-monitored, and discontinued by qualified and authorized
583-health staff and used to safely limit a committed person's
584-mobility for psychiatric or medical reasons. No order for
585-therapeutic restraints shall be written unless medical or
586-mental health personnel, after personally observing and
587-examining the committed person, are clinically satisfied
588-that the use of therapeutic restraints is justified and
589-permitted in accordance with hospital policies and
590-applicable State law. Metal handcuffs or shackles are not
591-considered therapeutic restraints.
592-(2) Whenever therapeutic restraints are used by
593-medical personnel, Section 2-108 of the Mental Health and
594-Developmental Disabilities Code shall apply.
595-(3) Leg irons, shackles or waist shackles shall not be
596-used on any pregnant or postpartum committed person
597-regardless of security classification. Except for
598-therapeutic restraints under paragraph (2) of subsection
599-(b), no restraints of any kind may be applied to committed
600-persons during labor.
601-(4) When a pregnant or postpartum committed person
602-must be restrained, restraints used shall be the least
603-restrictive restraints possible to ensure the safety and
604-security of the committed person, the committed person's
605-child, unborn child, the staff of the Department or
606-medical facility, other committed persons, or the public,
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607281
608282
609-and in no case shall include leg irons, shackles, or waist
610-shackles.
611-(5) Upon the pregnant committed person's entry into a
612-hospital room, and completion of initial room inspection,
613-a correctional officer shall be posted immediately outside
614-the hospital room unless requested to be in the room by
615-medical personnel attending to the committed person's
616-medical needs.
617-(6) The Department shall provide adequate corrections
618-personnel to monitor the pregnant committed person during
619-the committed person's transport to and from the hospital
620-and during the committed person's stay at the hospital.
621-(7) Where the correctional institution or facility
622-requires committed person safety assessments, a
623-correctional official may enter the hospital room to
624-conduct periodic committed person safety assessments,
625-except during a medical examination or the delivery
626-process.
627-(b) No later than 30 days before the end of each fiscal
628-year, the Department shall submit a written report to the
629-Illinois General Assembly and the Office of the Governor that
630-includes an account of every instance where a pregnant or
631-postpartum committed person had restraints used pursuant to
632-this Section during the previous fiscal year. The written
633-report shall state the date, time, location, and rationale for
634-each instance in which restraints are used. The written report
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284+ HB5431 Enrolled - 9 - LRB103 39388 AWJ 69563 b
285+1 the Department, that includes the number of pregnant committed
286+2 persons in custody each year and the number of people who
287+3 deliver or miscarry while in custody. The written reports
288+4 shall not contain any individually identifying information of
289+5 a committed person. The written reports shall be made
290+6 available for public inspection.
291+7 (Source: P.A. 100-513, eff. 1-1-18; 101-652, eff. 7-1-21.)
292+8 (55 ILCS 5/3-15003.7)
293+9 Sec. 3-15003.7. Corrections official training related to
294+10 pregnant committed persons prisoners.
295+11 (a) A county department of corrections shall provide
296+12 training relating to medical and mental health care issues
297+13 applicable to pregnant committed persons prisoners to:
298+14 (1) each corrections official employed by a county
299+15 department at a correctional institution in which female
300+16 committed persons prisoners are confined; and
301+17 (2) any other county department of corrections
302+18 employee whose duties involve contact with pregnant
303+19 committed persons prisoners.
304+20 (b) The training must include information regarding:
305+21 (1) appropriate care for pregnant committed persons
306+22 prisoners; and
307+23 (2) the impact on a pregnant committed person prisoner
308+24 and the committed person's prisoner's unborn child of:
309+25 (A) the use of restraints;
635310
636311
637-shall include information provided to the Jail and Detention
638-Standards Unit by each county department of corrections and
639-county jail. The Department's written report shall also
640-include information on county department of corrections and
641-county jails that did not report as required. The written
642-report shall not contain any individually identifying
643-information of any committed person. The report shall be made
644-available for public inspection.
645-(c) No later than 30 days before the end of each fiscal
646-year, the Department shall submit a written report to the
647-Illinois General Assembly and the Office of the Governor that
648-includes the number of pregnant committed persons in custody
649-each year and the number of people who deliver or miscarry
650-while in custody. The written report shall include information
651-provided to the Jail and Detention Standards Unit by each
652-county department of corrections and county jail. The
653-Department's written report shall also include information on
654-county department of corrections and county jails that did not
655-report as required. The written report shall not contain any
656-individually identifying information of a committed person.
657-The written report shall be made available for public
658-inspection Notwithstanding any other statute, directive, or
659-administrative regulation, when a pregnant female committed
660-person is brought to a hospital from an Illinois correctional
661-center for the purpose of delivering her baby, no handcuffs,
662-shackles, or restraints of any kind may be used during her
663312
664313
665-transport to a medical facility for the purpose of delivering
666-her baby. Under no circumstances may leg irons or shackles or
667-waist shackles be used on any pregnant female committed person
668-who is in labor. Upon the pregnant female committed person's
669-entry to the hospital delivery room, a correctional officer
670-must be posted immediately outside the delivery room. The
671-Department must provide for adequate personnel to monitor the
672-pregnant female committed person during her transport to and
673-from the hospital and during her stay at the hospital.
674-(Source: P.A. 91-253, eff. 1-1-00.)
675-(730 ILCS 5/3-6-7.2)
676-Sec. 3-6-7.2. Educational programming and information for
677-pregnant committed persons.
678-(a) The Department shall develop and provide to each
679-pregnant committed person educational programming relating to
680-pregnancy and parenting. The programming must include
681-instruction regarding:
682-(1) appropriate prenatal care and hygiene;
683-(2) the effects of prenatal exposure to alcohol and
684-drugs on a developing fetus;
685-(3) parenting skills; and
686-(4) medical and mental health issues applicable to
687-children.
688-(b) The Department shall provide informational materials
689-concerning the laws pertaining to pregnant committed persons
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692-to any pregnant or postpartum individual. The Department of
693-Public Health and community-based organizations specializing
694-in the rights of pregnant committed persons shall provide
695-these informational materials to the warden at no cost to the
696-Department of Corrections or the Department of Juvenile
697-Justice. The informational materials must include information
698-regarding:
699-(1) the prohibition against the use of restraints;
700-(2) rules concerning the treatment of pregnant
701-committed persons, including those relating to bed height
702-and supplemental nutrition;
703-(3) the right to spend time with a child following
704-delivery;
705-(4) the requirement to provide educational
706-programming;
707-(5) all rights under the Reproductive Health Act;
708-(6) the procedure for obtaining an abortion, if so
709-desired;
710-(7) the procedure for obtaining information about
711-guardianship or adoption resources, if so desired;
712-(8) any new or additional laws concerning the rights
713-of pregnant committed persons; and
714-(9) the address or contact information for community
715-organizations specializing in the rights of pregnant
716-committed persons for questions or concerns.
717-(c) The Department must also post informational flyers
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320+1 (B) placement in administrative segregation; and
321+2 (C) invasive searches.
322+3 (Source: P.A. 101-652, eff. 7-1-21.)
323+4 (55 ILCS 5/3-15003.8)
324+5 Sec. 3-15003.8. Educational programming and information
325+6 for pregnant committed persons prisoners.
326+7 (a) The Illinois Department of Public Health shall provide
327+8 the county department of corrections with educational
328+9 programming relating to pregnancy and parenting and the county
329+10 department of corrections shall provide the programming to
330+11 pregnant committed persons prisoners. The programming must
331+12 include instruction regarding:
332+13 (1) appropriate prenatal care and hygiene;
333+14 (2) the effects of prenatal exposure to alcohol and
334+15 drugs on a developing fetus;
335+16 (3) parenting skills; and
336+17 (4) medical and mental health issues applicable to
337+18 children.
338+19 (b) Each county department of corrections shall provide
339+20 written informational materials concerning the laws pertaining
340+21 to pregnant committed persons to any pregnant or postpartum
341+22 individual. The Department of Public Health shall provide
342+23 these informational materials to the warden of the county
343+24 department of corrections at no cost to the county and the
344+25 county may accept informational materials from community-based
718345
719346
720-provided by the Department of Public Health wherever pregnant
721-committed persons may be housed.
722-(Source: P.A. 101-652, eff. 7-1-21; 102-813, eff. 5-13-22.)
723-(730 ILCS 5/3-6-7.3)
724-Sec. 3-6-7.3. Committed person postpartum post-partum
725-recovery requirements. The Department shall ensure that, for a
726-period of 72 hours after the birth of an infant by a committed
727-person:
728-(1) the infant is allowed to remain with the committed
729-person, unless a medical professional determines doing so
730-would pose a health or safety risk to the committed person
731-or infant based on information only available to the
732-Department. The mental health professional shall make any
733-such determination on an individualized basis and in
734-consultation with the birthing team of the pregnant person
735-and the Chief of the Women's Division. The birthing team
736-shall include the committed person's perinatal care
737-providers and doula, if available; and
738-(2) the committed person has access to any nutritional
739-or hygiene-related products necessary to care for the
740-infant, including diapers.
741-(Source: P.A. 102-28, eff. 6-25-21; 103-154, eff. 6-30-23.)
742-(730 ILCS 5/3-6-7.5 new)
743-Sec. 3-6-7.5. Supplemental nutrition during pregnancy or
744347
745348
746-lactation. A committed person who is pregnant or lactating,
747-including a committed person who is nursing a baby or pumping
748-breastmilk, shall be provided supplemental nutrition of at
749-least 300 calories per day. This supplemental nutrition shall
750-be in addition to any regularly provided food and shall be
751-available outside of regular mealtimes.
752-(730 ILCS 5/3-6-7.6 new)
753-Sec. 3-6-7.6. Medical screening; pregnancy test. When a
754-person with a uterus is committed to a facility, the person
755-shall within 14 days be given a medical screening and offered a
756-pregnancy test.
757-(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
758-Sec. 5-8A-4. Program description. The supervising
759-authority may promulgate rules that prescribe reasonable
760-guidelines under which an electronic monitoring and home
761-detention program shall operate. When using electronic
762-monitoring for home detention these rules may include, but not
763-be limited to, the following:
764-(A) The participant may be instructed to remain within
765-the interior premises or within the property boundaries of
766-his or her residence at all times during the hours
767-designated by the supervising authority. Such instances of
768-approved absences from the home shall include, but are not
769-limited to, the following:
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772-(1) working or employment approved by the court or
773-traveling to or from approved employment;
774-(2) unemployed and seeking employment approved for
775-the participant by the court;
776-(3) undergoing medical, psychiatric, mental health
777-treatment, counseling, or other treatment programs
778-approved for the participant by the court;
779-(4) attending an educational institution or a
780-program approved for the participant by the court;
781-(5) attending a regularly scheduled religious
782-service at a place of worship;
783-(6) participating in community work release or
784-community service programs approved for the
785-participant by the supervising authority;
786-(7) for another compelling reason consistent with
787-the public interest, as approved by the supervising
788-authority; or
789-(8) purchasing groceries, food, or other basic
790-necessities.
791-(A-1) At a minimum, any person ordered to pretrial
792-home confinement with or without electronic monitoring
793-must be provided with movement spread out over no fewer
794-than two days per week, to participate in basic activities
795-such as those listed in paragraph (A). In this subdivision
796-(A-1), "days" means a reasonable time period during a
797-calendar day, as outlined by the court in the order
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355+1 organizations specializing in the rights of pregnant committed
356+2 persons. The informational materials must include information
357+3 regarding:
358+4 (1) the prohibition against the use of restraints;
359+5 (2) rules concerning the treatment of pregnant
360+6 committed persons, including those relating to bed height
361+7 and supplemental nutrition;
362+8 (3) the right to spend time with a child following
363+9 delivery;
364+10 (4) the requirement to provide educational
365+11 programming;
366+12 (5) all rights under the Reproductive Health Act;
367+13 (6) the procedure for obtaining an abortion, if so
368+14 desired;
369+15 (7) the procedure for obtaining information about
370+16 guardianship or adoption resources, if so desired;
371+17 (8) any new or additional laws concerning the rights
372+18 of pregnant committed persons; and
373+19 (9) the address or contact information for community
374+20 organizations specializing in the rights of pregnant
375+21 committed persons for questions or concerns.
376+22 (c) Each county department of corrections must also post
377+23 informational flyers provided by the Department of Public
378+24 Health wherever pregnant committed persons may be housed.
379+25 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
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800-placing the person on home confinement.
801-(B) The participant shall admit any person or agent
802-designated by the supervising authority into his or her
803-residence at any time for purposes of verifying the
804-participant's compliance with the conditions of his or her
805-detention.
806-(C) The participant shall make the necessary
807-arrangements to allow for any person or agent designated
808-by the supervising authority to visit the participant's
809-place of education or employment at any time, based upon
810-the approval of the educational institution employer or
811-both, for the purpose of verifying the participant's
812-compliance with the conditions of his or her detention.
813-(D) The participant shall acknowledge and participate
814-with the approved electronic monitoring device as
815-designated by the supervising authority at any time for
816-the purpose of verifying the participant's compliance with
817-the conditions of his or her detention.
818-(E) The participant shall maintain the following:
819-(1) access to a working telephone;
820-(2) a monitoring device in the participant's home,
821-or on the participant's person, or both; and
822-(3) a monitoring device in the participant's home
823-and on the participant's person in the absence of a
824-telephone.
825-(F) The participant shall obtain approval from the
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827383
828-supervising authority before the participant changes
829-residence or the schedule described in subsection (A) of
830-this Section. Such approval shall not be unreasonably
831-withheld.
832-(G) The participant shall not commit another crime
833-during the period of home detention ordered by the Court.
834-(H) Notice to the participant that violation of the
835-order for home detention may subject the participant to
836-prosecution for the crime of escape as described in
837-Section 5-8A-4.1.
838-(I) The participant shall abide by other conditions as
839-set by the supervising authority.
840-The supervising authority shall adopt rules to immediately
841-remove all approved electronic monitoring devices of a
842-pregnant participant during labor and delivery.
843-(J) This Section takes effect January 1, 2022.
844-(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
845-102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)
846-Section 20. The County Jail Act is amended by changing
847-Sections 2, 2.1, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17,
848-17.5, 17.6, 17.7, 17.8, 17.9, 17.10, 19, 19.5, 20, and 21 and
849-by adding Sections 10.5 and 17.11 as follows:
850-(730 ILCS 125/2) (from Ch. 75, par. 102)
851-Sec. 2. The Sheriff of each county in this State shall be
384+
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854-the warden of the jail of the county, and have the custody of
855-all committed persons prisoners in the jail, except when
856-otherwise provided in the "County Department of Corrections
857-Act".
858-(Source: P.A. 83-1073.)
859-(730 ILCS 125/2.1) (from Ch. 75, par. 102.1)
860-Sec. 2.1. New jail. The sheriff of each county in this
861-State shall be the warden of any new jail facility constructed
862-or otherwise acquired in the county and shall have the custody
863-of all committed persons prisoners in that facility, except
864-when otherwise provided in Division 3-15 of the Counties Code.
865-(Source: P.A. 87-645.)
866-(730 ILCS 125/4) (from Ch. 75, par. 104)
867-Sec. 4. The Warden of the jail shall receive and confine in
868-such jail, until discharged by due course of law, all persons
869-committed to such jail by any competent authority.
870-When there is no county jail facility operating in a
871-county, arresting agencies shall be responsible for delivering
872-persons arrested to an adjoining county jail facility, if the
873-adjoining county has entered into a written agreement with the
874-committing county allowing for the maintenance of committed
875-persons prisoners in the adjoining county.
876-(Source: P.A. 86-570.)
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389+ HB5431 Enrolled - 12 - LRB103 39388 AWJ 69563 b
390+1 (55 ILCS 5/3-15003.9)
391+2 Sec. 3-15003.9. Committed person postpartum Prisoner
392+3 post-partum recovery requirements. A county department of
393+4 corrections shall ensure that, for a period of 72 hours after
394+5 the birth of an infant by a committed person prisoner:
395+6 (1) the infant is allowed to remain with the committed
396+7 person prisoner, unless a medical professional determines
397+8 doing so would pose a health or safety risk to the
398+9 committed person prisoner or infant; and
399+10 (2) the committed person prisoner has access to any
400+11 nutritional or hygiene-related products necessary to care
401+12 for the infant, including diapers.
402+13 (Source: P.A. 101-652, eff. 7-1-21.)
403+14 (55 ILCS 5/3-15003.10)
404+15 Sec. 3-15003.10. Housing requirements applicable to
405+16 pregnant committed persons prisoners.
406+17 (a) A county department of corrections may not place in
407+18 administrative segregation a committed person prisoner who is
408+19 pregnant or who gave birth during the preceding 30 days unless
409+20 the director of the county department of corrections or the
410+21 director's designee determines that the placement is necessary
411+22 based on a reasonable belief that the committed person
412+23 prisoner will harm herself, the committed person's prisoner's
413+24 infant, or any other person or will attempt escape.
414+25 (b) A county department of corrections may not assign a
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878416
879-(730 ILCS 125/5) (from Ch. 75, par. 105)
880-Sec. 5. Costs of maintaining committed persons prisoners.
881-(a) Except as provided in subsections (b) and (c), all
882-costs of maintaining persons committed for violations of
883-Illinois law, shall be the responsibility of the county.
884-Except as provided in subsection (b), all costs of maintaining
885-persons committed under any ordinance or resolution of a unit
886-of local government, including medical costs, is the
887-responsibility of the unit of local government enacting the
888-ordinance or resolution, and arresting the person.
889-(b) If a person who is serving a term of mandatory
890-supervised release for a felony is incarcerated in a county
891-jail, the Illinois Department of Corrections shall pay the
892-county in which that jail is located one-half of the cost of
893-incarceration, as calculated by the Governor's Office of
894-Management and Budget and the county's chief financial
895-officer, for each day that the person remains in the county
896-jail after notice of the incarceration is given to the
897-Illinois Department of Corrections by the county, provided
898-that (i) the Illinois Department of Corrections has issued a
899-warrant for an alleged violation of mandatory supervised
900-release by the person; (ii) if the person is incarcerated on a
901-new charge, unrelated to the offense for which he or she is on
902-mandatory supervised release, there has been a court hearing
903-at which the conditions of pretrial release have been set on
904-the new charge; (iii) the county has notified the Illinois
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907-Department of Corrections that the person is incarcerated in
908-the county jail, which notice shall not be given until the
909-hearing has concluded, if the person is incarcerated on a new
910-charge; and (iv) the person remains incarcerated in the county
911-jail for more than 48 hours after the notice has been given to
912-the Department of Corrections by the county. Calculation of
913-the per diem cost shall be agreed upon prior to the passage of
914-the annual State budget.
915-(c) If a person who is serving a term of mandatory
916-supervised release is incarcerated in a county jail, following
917-an arrest on a warrant issued by the Illinois Department of
918-Corrections, solely for violation of a condition of mandatory
919-supervised release and not on any new charges for a new
920-offense, then the Illinois Department of Corrections shall pay
921-the medical costs incurred by the county in securing treatment
922-for that person, for any injury or condition other than one
923-arising out of or in conjunction with the arrest of the person
924-or resulting from the conduct of county personnel, while he or
925-she remains in the county jail on the warrant issued by the
926-Illinois Department of Corrections.
927-(Source: P.A. 101-652, eff. 1-1-23.)
928-(730 ILCS 125/7) (from Ch. 75, par. 107)
929-Sec. 7. On the first day of each month, the warden of the
930-jail of the county shall prepare a list of all committed
931-persons prisoners in his custody, specifying the causes for
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934-which and the persons by whom they were committed, and make
935-available to the court his calendar of committed persons
936-prisoners.
937-(Source: P.A. 83-1073.)
938-(730 ILCS 125/9) (from Ch. 75, par. 109)
939-Sec. 9. When there is no jail or other penal institution in
940-a county, or the jail or other penal institution of the county
941-is insufficient, the sheriff may commit any person in his
942-custody, either on civil or criminal process, to the nearest
943-sufficient jail of another county, and the warden of the jail
944-of such county shall receive and confine such committed person
945-prisoner, until removed by order of the court having
946-jurisdiction of the offense, or discharged by due course of
947-law.
948-(Source: P.A. 83-1073.)
949-(730 ILCS 125/10) (from Ch. 75, par. 110)
950-Sec. 10. Whenever a committed person prisoner is committed
951-to the jail of one county for a criminal offense committed or
952-charged to have been committed in another, or is transferred
953-to another county for safe keeping or trial, the county in
954-which the crime was committed, or charged to have been
955-committed, shall pay the expenses of the keeping of such
956-committed person prisoner. In civil suits, the plaintiff or
957-defendant shall pay the expenses, in the same manner as if the
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425+1 pregnant committed person prisoner to any bed that is elevated
426+2 more than 3 feet above the floor.
427+3 (Source: P.A. 101-652, eff. 7-1-21.)
428+4 (55 ILCS 5/3-15003.11 new)
429+5 Sec. 3-15003.11. Supplemental nutrition during pregnancy
430+6 or lactation. A committed person who is pregnant or lactating,
431+7 including a committed person who is nursing a baby or pumping
432+8 breastmilk, shall be provided supplemental nutrition of at
433+9 least 300 calories per day. This supplemental nutrition shall
434+10 be in addition to any regularly provided food and shall be
435+11 available outside of regular mealtimes.
436+12 (55 ILCS 5/3-15003.12 new)
437+13 Sec. 3-15003.12. Medical screening; pregnancy test. When a
438+14 person with a uterus is committed to a facility, the person
439+15 shall within 14 days be given a medical screening and offered a
440+16 pregnancy test.
441+17 Section 10. The Health Care Violence Prevention Act is
442+18 amended by changing Section 30 as follows:
443+19 (210 ILCS 160/30)
444+20 Sec. 30. Medical care for committed persons.
445+21 (a) If a committed person receives medical care and
446+22 treatment at a place other than an institution or facility of
958447
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960-imprisonment had taken place in the same county where the suit
961-was commenced.
962-(Source: P.A. 83-1073.)
963-(730 ILCS 125/10.5 new)
964-Sec. 10.5. Medical screening; pregnancy test. When a
965-person with a uterus is committed to a facility, the person
966-shall within 14 days be given a medical screening and offered a
967-pregnancy test.
968-(730 ILCS 125/11) (from Ch. 75, par. 111)
969-Sec. 11. Debtors and witnesses shall not be confined in
970-the same room with other committed persons prisoners; male and
971-female committed persons prisoners shall not be kept in the
972-same room; minors shall be kept separate from those previously
973-convicted of a felony or other infamous crime; and persons
974-charged with an offense shall not be confined in the same cell
975-as those convicted of a crime. The confinement of those
976-persons convicted of a misdemeanor or felony shall be in
977-accordance with a classification system developed and
978-implemented by the local jail authority.
979-(Source: P.A. 87-899.)
980-(730 ILCS 125/12) (from Ch. 75, par. 112)
981-Sec. 12. Whenever the Warden of the jail of any county
982-deems such jail insufficient to secure the committed persons
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985-prisoners confined therein, he shall give notice thereof to
986-the county board.
987-(Source: P.A. 83-1073.)
988-(730 ILCS 125/13) (from Ch. 75, par. 113)
989-Sec. 13. Whenever the Warden of any jail shall have in his
990-custody any person charged with a high crime, and there is no
991-jail in his county, or the jail is insufficient, he may, with
992-the advice of the judge of the circuit court of such county,
993-employ a sufficient guard, not exceeding 3 persons, for the
994-guarding and safe keeping of such committed person prisoner in
995-his own county. The expense of such guard shall be audited and
996-paid as other county expenses.
997-(Source: P.A. 103-51, eff. 1-1-24.)
998-(730 ILCS 125/14) (from Ch. 75, par. 114)
999-Sec. 14. At any time, in the opinion of the Warden, the
1000-lives or health of the committed persons prisoners are
1001-endangered or the security of the penal institution is
1002-threatened, to such a degree as to render their removal
1003-necessary, the Warden may cause an individual committed person
1004-prisoner or a group of committed persons prisoners to be
1005-removed to some suitable place within the county, or to the
1006-jail of some convenient county, where they may be confined
1007-until they can be safely returned to the place whence they were
1008-removed. No committed person prisoner charged with a felony
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1011-shall be removed by the warden to a Mental Health or
1012-Developmental Disabilities facility as defined in the Mental
1013-Health and Developmental Disabilities Code, except as
1014-specifically authorized by Article 104 or 115 of the Code of
1015-Criminal Procedure of 1963, or the Mental Health and
1016-Developmental Disabilities Code. Any place to which the
1017-committed persons prisoners are so removed shall, during their
1018-imprisonment there, be deemed, as to such committed persons
1019-prisoners, a prison of the county in which they were
1020-originally confined; but, they shall be under the care,
1021-government and direction of the Warden of the jail of the
1022-county in which they are confined. When any criminal detainee
1023-is transferred to the custody of the Department of Human
1024-Services, the warden shall supply the Department of Human
1025-Services with all of the legally available information as
1026-described in 20 Ill. Adm. Code 701.60(f). When a criminal
1027-detainee is delivered to the custody of the Department, the
1028-following information must be included with the items
1029-delivered:
1030-(1) the sentence imposed;
1031-(2) any findings of great bodily harm made by the
1032-court;
1033-(3) any statement by the court on the basis for
1034-imposing the sentence;
1035-(4) any presentence reports;
1036-(5) any sex offender evaluations;
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457+1 the Department of Corrections, a county, or a municipality,
458+2 then the institution or facility shall:
459+3 (1) to the greatest extent practicable, notify the
460+4 hospital or medical facility that is treating the
461+5 committed person prior to the committed person's visit and
462+6 notify the hospital or medical facility of any significant
463+7 medical, mental health, recent violent actions, or other
464+8 safety concerns regarding the patient;
465+9 (2) to the greatest extent practicable, ensure the
466+10 transferred committed person is accompanied by the most
467+11 comprehensive medical records possible;
468+12 (3) provide at least one guard trained in custodial
469+13 escort and custody of high-risk committed persons to
470+14 accompany any committed person. The custodial agency shall
471+15 attest to such training for custodial escort and custody
472+16 of high-risk committed persons through: (A) the training
473+17 of the Department of Corrections, Department of Juvenile
474+18 Justice, or Illinois State Police; (B) law enforcement
475+19 training that is substantially equivalent to the training
476+20 of the Department of Corrections, Department of Juvenile
477+21 Justice, or Illinois State Police; or (C) the training
478+22 described in Section 35. Under no circumstances may leg
479+23 irons or shackles or waist shackles be used on any
480+24 pregnant committed person female prisoner who is in labor.
481+25 In addition, restraint of a pregnant committed person
482+26 female prisoner in the custody of the Cook County shall
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1039-(6) any substance abuse treatment eligibility
1040-screening and assessment of the criminal detainee by an
1041-agent designated by the State to provide assessments for
1042-Illinois courts;
1043-(7) the number of days, if any, which the criminal
1044-detainee has been in custody and for which he or she is
1045-entitled to credit against the sentence. Certification of
1046-jail credit time shall include any time served in the
1047-custody of the Illinois Department of Human
1048-Services-Division of Mental Health or Division of
1049-Developmental Disabilities, time served in another state
1050-or federal jurisdiction, and any time served while on
1051-probation or periodic imprisonment;
1052-(8) State's Attorney's statement of facts, including
1053-the facts and circumstances of the offenses for which the
1054-criminal detainee was committed, any other factual
1055-information accessible to the State's Attorney prior to
1056-the commitment to the Department relative to the criminal
1057-detainee's habits, associates, disposition, and reputation
1058-or other information that may aid the Department during
1059-the custody of the criminal detainee. If the statement is
1060-unavailable at the time of delivery, the statement must be
1061-transmitted within 10 days after receipt by the clerk of
1062-the court;
1063-(9) any medical or mental health records or summaries;
1064-(10) any victim impact statements;
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1066486
1067-(11) name of municipalities where the arrest of the
1068-criminal detainee and the commission of the offense
1069-occurred, if the municipality has a population of more
1070-than 25,000 persons;
1071-(12) all additional matters that the court directs the
1072-clerk to transmit;
1073-(13) a record of the criminal detainee's time and his
1074-or her behavior and conduct while in the custody of the
1075-county. Any action on the part of the criminal detainee
1076-that might affect his or her security status with the
1077-Department, including, but not limited to, an escape
1078-attempt, participation in a riot, or a suicide attempt
1079-should be included in the record; and
1080-(14) the mittimus or sentence (judgment) order that
1081-provides the following information:
1082-(A) the criminal case number, names and citations
1083-of the offenses, judge's name, date of sentence, and,
1084-if applicable, whether the sentences are to be served
1085-concurrently or consecutively;
1086-(B) the number of days spent in custody; and
1087-(C) if applicable, the calculation of pre-trial
1088-program sentence credit awarded by the court to the
1089-criminal detainee, including, at a minimum,
1090-identification of the type of pre-trial program the
1091-criminal detainee participated in and the number of
1092-eligible days the court finds the criminal detainee
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1095-spent in the pre-trial program multiplied by the
1096-calculation factor of 0.5 for the total court-awarded
1097-credit.
1098-(Source: P.A. 99-215, eff. 7-31-15.)
1099-(730 ILCS 125/15) (from Ch. 75, par. 115)
1100-Sec. 15. The Warden of the jail shall furnish each
1101-committed person prisoner daily with as much clean water as
1102-may be necessary for drink and personal cleanliness, and serve
1103-him three times a day with wholesome food, well cooked and in
1104-sufficient quantity. The Warden of the jail in counties of the
1105-first and second class shall procure at the expense of the
1106-county, all necessary foods and provisions for the support of
1107-the committed persons prisoners confined in the jail, and
1108-shall employ suitable persons to prepare and serve the food
1109-for the committed persons prisoners, or otherwise provide
1110-suitable food service.
1111-(Source: P.A. 83-1073.)
1112-(730 ILCS 125/16) (from Ch. 75, par. 116)
1113-Sec. 16. The Warden of the jail or other person shall not
1114-permit any committed person prisoner to send for or have any
1115-alcoholic beverages or controlled substances except when
1116-prescribed by a physician as medicine.
1117-(Source: P.A. 83-1073.)
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493+1 comply with Section 3-15003.6 of the Counties Code.
494+2 Additionally, restraints shall not be used on a committed
495+3 person if medical personnel determine that the restraints
496+4 would impede medical treatment; and
497+5 (4) ensure that only medical personnel, Department of
498+6 Corrections, county, or municipality personnel, and
499+7 visitors on the committed person's approved institutional
500+8 visitors list may visit the committed person. Visitation
501+9 by a person on the committed person's approved
502+10 institutional visitors list shall be subject to the rules
503+11 and procedures of the hospital or medical facility and the
504+12 Department of Corrections, county, or municipality. In any
505+13 situation in which a committed person is being visited:
506+14 (A) the name of the visitor must be listed per the
507+15 facility's or institution's documentation;
508+16 (B) the visitor shall submit to the search of his
509+17 or her person or any personal property under his or her
510+18 control at any time; and
511+19 (C) the custodial agency may deny the committed
512+20 person access to a telephone or limit the number of
513+21 visitors the committed person may receive for purposes
514+22 of safety.
515+23 If a committed person receives medical care and treatment
516+24 at a place other than an institution or facility of the
517+25 Department of Corrections, county, or municipality, then the
518+26 custodial agency shall ensure that the committed person is
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1120-(730 ILCS 125/17) (from Ch. 75, par. 117)
1121-Sec. 17. Bedding, clothing, fuel, and medical aid;
1122-reimbursement for medical expenses. The Warden of the jail
1123-shall furnish necessary bedding, clothing, fuel, and medical
1124-services for all committed persons prisoners under his charge,
1125-and keep an accurate account of the same. When services that
1126-result in qualified medical expenses are required by any
1127-person held in custody, the county, private hospital,
1128-physician or any public agency which provides such services
1129-shall be entitled to obtain reimbursement from the county for
1130-the cost of such services. The county board of a county may
1131-adopt an ordinance or resolution providing for reimbursement
1132-for the cost of those services at the Department of Healthcare
1133-and Family Services' rates for medical assistance. To the
1134-extent that such person is reasonably able to pay for such
1135-care, including reimbursement from any insurance program or
1136-from other medical benefit programs available to such person,
1137-he or she shall reimburse the county or arresting authority.
1138-If such person has already been determined eligible for
1139-medical assistance under the Illinois Public Aid Code at the
1140-time the person is detained, the cost of such services, to the
1141-extent such cost exceeds $500, shall be reimbursed by the
1142-Department of Healthcare and Family Services under that Code.
1143-A reimbursement under any public or private program authorized
1144-by this Section shall be paid to the county or arresting
1145-authority to the same extent as would have been obtained had
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1148-the services been rendered in a non-custodial environment.
1149-The sheriff or his or her designee may cause an
1150-application for medical assistance under the Illinois Public
1151-Aid Code to be completed for an arrestee who is a hospital
1152-inpatient. If such arrestee is determined eligible, he or she
1153-shall receive medical assistance under the Code for hospital
1154-inpatient services only. An arresting authority shall be
1155-responsible for any qualified medical expenses relating to the
1156-arrestee until such time as the arrestee is placed in the
1157-custody of the sheriff. However, the arresting authority shall
1158-not be so responsible if the arrest was made pursuant to a
1159-request by the sheriff. When medical expenses are required by
1160-any person held in custody, the county shall be entitled to
1161-obtain reimbursement from the County Jail Medical Costs Fund
1162-to the extent moneys are available from the Fund. To the extent
1163-that the person is reasonably able to pay for that care,
1164-including reimbursement from any insurance program or from
1165-other medical benefit programs available to the person, he or
1166-she shall reimburse the county.
1167-For the purposes of this Section, "arresting authority"
1168-means a unit of local government, other than a county, which
1169-employs peace officers and whose peace officers have made the
1170-arrest of a person. For the purposes of this Section,
1171-"qualified medical expenses" include medical and hospital
1172-services but do not include (i) expenses incurred for medical
1173-care or treatment provided to a person on account of a
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1176-self-inflicted injury incurred prior to or in the course of an
1177-arrest, (ii) expenses incurred for medical care or treatment
1178-provided to a person on account of a health condition of that
1179-person which existed prior to the time of his or her arrest, or
1180-(iii) expenses for hospital inpatient services for arrestees
1181-enrolled for medical assistance under the Illinois Public Aid
1182-Code.
1183-(Source: P.A. 100-987, eff. 7-1-19.)
1184-(730 ILCS 125/17.5)
1185-Sec. 17.5. Pregnant committed persons female prisoners.
1186-Restraint of a pregnant or postpartum committed person shall
1187-comply with Section 3-15003.6 of the County Department of
1188-Corrections Law Notwithstanding any other statute, directive,
1189-or administrative regulation, when a pregnant female prisoner
1190-is brought to a hospital from a county jail for the purpose of
1191-delivering her baby, no handcuffs, shackles, or restraints of
1192-any kind may be used during her transport to a medical facility
1193-for the purpose of delivering her baby. Under no circumstances
1194-may leg irons or shackles or waist shackles be used on any
1195-pregnant female prisoner who is in labor. In addition,
1196-restraint of a pregnant female prisoner in the custody of the
1197-Cook County shall comply with Section 3-15003.6 of the
1198-Counties Code. Upon the pregnant female prisoner's entry to
1199-the hospital delivery room, 2 county correctional officers
1200-must be posted immediately outside the delivery room. The
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529+1 wearing security restraints in accordance with the custodial
530+2 agency's rules and procedures if the custodial agency
531+3 determines that restraints are necessary for the following
532+4 reasons: (i) to prevent physical harm to the committed person
533+5 or another person; (ii) because the committed person has a
534+6 history of disruptive behavior that has placed others in
535+7 potentially harmful situations or presents a substantial risk
536+8 of inflicting physical harm on himself or herself or others as
537+9 evidenced by recent behavior; or (iii) there is a well-founded
538+10 belief that the committed person presents a substantial risk
539+11 of flight. Under no circumstances may leg irons or shackles or
540+12 waist shackles be used on any pregnant committed person female
541+13 prisoner who is in labor. In addition, restraint of a pregnant
542+14 committed person female prisoner in the custody of the Cook
543+15 County shall comply with Section 3-15003.6 of the Counties
544+16 Code.
545+17 The hospital or medical facility may establish protocols
546+18 for the receipt of committed persons in collaboration with the
547+19 Department of Corrections, county, or municipality,
548+20 specifically with regard to potentially violent persons.
549+21 (b) If a committed person receives medical care and
550+22 treatment at a place other than an institution or facility of
551+23 the Department of Juvenile Justice, then the institution or
552+24 facility shall:
553+25 (1) to the greatest extent practicable, notify the
554+26 hospital or medical facility that is treating the
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1203-Sheriff must provide for adequate personnel to monitor the
1204-pregnant female prisoner during her transport to and from the
1205-hospital and during her stay at the hospital.
1206-(Source: P.A. 100-1051, eff. 1-1-19.)
1207-(730 ILCS 125/17.6)
1208-Sec. 17.6. Sheriff training related to pregnant committed
1209-persons prisoners.
1210-(a) The sheriff shall provide training relating to medical
1211-and mental health care issues applicable to pregnant committed
1212-persons prisoners confined in the county jail to:
1213-(1) each correctional officer employed by the sheriff
1214-at the county jail in which female committed persons are
1215-confined; and
1216-(2) any other sheriff employee whose duties involve
1217-contact with pregnant committed persons prisoners.
1218-(b) The training must include information regarding:
1219-(1) appropriate care for pregnant committed persons
1220-prisoners; and
1221-(2) the impact on a pregnant committed person prisoner
1222-and the committed person's prisoner's unborn child of:
1223-(A) the use of restraints;
1224-(B) placement in administrative segregation; and
1225-(C) invasive searches.
1226-(Source: P.A. 101-652, eff. 7-1-21.)
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1229-(730 ILCS 125/17.7)
1230-Sec. 17.7. Educational programming and information for
1231-pregnant committed persons prisoners.
1232-(a) The Illinois Department of Public Health shall provide
1233-the sheriff with educational programming relating to pregnancy
1234-and parenting and the sheriff shall provide the programming to
1235-pregnant committed persons prisoners. The programming must
1236-include instruction regarding:
1237-(1) appropriate prenatal care and hygiene;
1238-(2) the effects of prenatal exposure to alcohol and
1239-drugs on a developing fetus;
1240-(3) parenting skills; and
1241-(4) medical and mental health issues applicable to
1242-children.
1243-(b) Each sheriff shall provide informational materials
1244-concerning the laws pertaining to pregnant committed persons
1245-to any pregnant or postpartum individual. The Department of
1246-Public Health shall provide these informational materials to
1247-the warden or the sheriff at no cost to the county and the
1248-county may accept informational materials from community-based
1249-organizations specializing in the rights of pregnant committed
1250-persons. The informational materials must include information
1251-regarding:
1252-(1) the prohibition against the use of restraints;
1253-(2) rules concerning the treatment of pregnant
1254-committed persons, including those relating to bed height
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1257-and supplemental nutrition;
1258-(3) the right to spend time with a child following
1259-delivery;
1260-(4) the requirement to provide educational
1261-programming;
1262-(5) all rights under the Reproductive Health Act;
1263-(6) the procedure for obtaining an abortion, if so
1264-desired;
1265-(7) the procedure for obtaining information about
1266-guardianship or adoption resources, if so desired;
1267-(8) any new or additional laws concerning the rights
1268-of pregnant committed persons; and
1269-(9) the address or contact information for community
1270-organizations specializing in the rights of pregnant
1271-committed persons for questions or concerns.
1272-(c) Each sheriff must also post informational flyers
1273-provided by the Department of Public Health wherever pregnant
1274-committed persons may be housed.
1275-(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
1276-(730 ILCS 125/17.8)
1277-Sec. 17.8. Committed person postpartum Prisoner
1278-post-partum recovery requirements. The sheriff shall ensure
1279-that, for a period of 72 hours after the birth of an infant by
1280-a committed person prisoner:
1281-(1) the infant is allowed to remain with the committed
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565+1 committed person prior to the committed person's visit,
566+2 and notify the hospital or medical facility of any
567+3 significant medical, mental health, recent violent
568+4 actions, or other safety concerns regarding the patient;
569+5 (2) to the greatest extent practicable, ensure the
570+6 transferred committed person is accompanied by the most
571+7 comprehensive medical records possible;
572+8 (3) provide: (A) at least one guard trained in
573+9 custodial escort and custody of high-risk committed
574+10 persons to accompany any committed person. The custodial
575+11 agency shall attest to such training for custodial escort
576+12 and custody of high-risk committed persons through: (i)
577+13 the training of the Department of Corrections, Department
578+14 of Juvenile Justice, or Illinois State Police, (ii) law
579+15 enforcement training that is substantially equivalent to
580+16 the training of the Department of Corrections, Department
581+17 of Juvenile Justice, or Illinois State Police, or (iii)
582+18 the training described in Section 35; or (B) 2 guards to
583+19 accompany the committed person at all times during the
584+20 visit to the hospital or medical facility; and
585+21 (4) ensure that only medical personnel, Department of
586+22 Juvenile Justice personnel, and visitors on the committed
587+23 person's approved institutional visitors list may visit
588+24 the committed person. Visitation by a person on the
589+25 committed person's approved institutional visitors list
590+26 shall be subject to the rules and procedures of the
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1284-person prisoner, unless a medical professional determines
1285-doing so would pose a health or safety risk to the
1286-committed person prisoner or infant; and
1287-(2) the committed person prisoner has access to any
1288-nutritional or hygiene-related products necessary to care
1289-for the infant, including diapers.
1290-(Source: P.A. 101-652, eff. 7-1-21.)
1291-(730 ILCS 125/17.9)
1292-Sec. 17.9. Housing requirements applicable to pregnant
1293-committed persons prisoners.
1294-(a) The sheriff may not place in administrative
1295-segregation a committed person prisoner who is pregnant or who
1296-gave birth during the preceding 30 days unless the sheriff or
1297-the sheriff's designee determines that the placement is
1298-necessary based on a reasonable belief that the committed
1299-person prisoner will harm herself, the committed person's
1300-prisoner's infant, or any other person or will attempt escape.
1301-(b) The sheriff may not assign a pregnant committed person
1302-to any bed that is elevated more than 3 feet above the floor.
1303-(Source: P.A. 101-652, eff. 7-1-21.)
1304-(730 ILCS 125/17.10)
1305-Sec. 17.10. Requirements in connection with HIV/AIDS.
1306-(a) In each county other than Cook, during the medical
1307-admissions exam, the warden of the jail, a correctional
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1310-officer at the jail, or a member of the jail medical staff must
1311-provide the committed person prisoner with appropriate written
1312-information concerning human immunodeficiency virus (HIV) and
1313-acquired immunodeficiency syndrome (AIDS). The Department of
1314-Public Health and community-based organizations certified to
1315-provide HIV/AIDS testing must provide these informational
1316-materials to the warden at no cost to the county. The warden, a
1317-correctional officer, or a member of the jail medical staff
1318-must inform the committed person prisoner of the option of
1319-being tested for infection with HIV by a certified local
1320-community-based agency or other available medical provider at
1321-no charge to the committed person prisoner.
1322-(b) In Cook County, during the medical admissions exam, an
1323-employee of the Cook County Health & Hospitals System must
1324-provide the committed person prisoner with appropriate
1325-information in writing, verbally or by video or other
1326-electronic means concerning human immunodeficiency virus (HIV)
1327-and acquired immunodeficiency syndrome (AIDS) and must also
1328-provide the committed person prisoner with option of testing
1329-for infection with HIV or any other identified causative agent
1330-of AIDS, as well as counseling in connection with such
1331-testing. The Cook County Health & Hospitals System may provide
1332-the inmate with opt-out human immunodeficiency virus (HIV)
1333-testing, as defined in Section 4 of the AIDS Confidentiality
1334-Act, unless the inmate refuses. If opt-out HIV testing is
1335-conducted, the Cook County Health & Hospitals System shall
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1338-place signs in English, Spanish, and other languages as needed
1339-in multiple, highly visible locations in the area where HIV
1340-testing is conducted informing inmates that they will be
1341-tested for HIV unless they refuse, and refusal or acceptance
1342-of testing shall be documented in the inmate's medical record.
1343-Pre-test information shall be provided to the inmate and
1344-informed consent obtained from the inmate as required in
1345-subsection (q) of Section 3 and Section 5 of the AIDS
1346-Confidentiality Act. The Cook County Health & Hospitals System
1347-shall follow procedures established by the Department of
1348-Public Health to conduct HIV testing and testing to confirm
1349-positive HIV test results. All aspects of HIV testing shall
1350-comply with the requirements of the AIDS Confidentiality Act,
1351-including delivery of test results, as determined by the Cook
1352-County Health & Hospitals System in consultation with the
1353-Illinois Department of Public Health. Nothing in this Section
1354-shall require the Cook County Health & Hospitals System to
1355-offer HIV testing to inmates who are known to be infected with
1356-HIV. The Department of Public Health and community-based
1357-organizations certified to provide HIV/AIDS testing may
1358-provide these informational materials to the Bureau at no cost
1359-to the county. The testing provided under this subsection (b)
1360-shall consist of a test approved by the Illinois Department of
1361-Public Health to determine the presence of HIV infection,
1362-based upon recommendations of the United States Centers for
1363-Disease Control and Prevention. If the test result is
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601+1 hospital or medical facility and the Department of
602+2 Juvenile Justice. In any situation in which a committed
603+3 person is being visited:
604+4 (A) the name of the visitor must be listed per the
605+5 facility's or institution's documentation;
606+6 (B) the visitor shall submit to the search of his
607+7 or her person or any personal property under his or her
608+8 control at any time; and
609+9 (C) the custodial agency may deny the committed
610+10 person access to a telephone or limit the number of
611+11 visitors the committed person may receive for purposes
612+12 of safety.
613+13 If a committed person receives medical care and treatment
614+14 at a place other than an institution or facility of the
615+15 Department of Juvenile Justice, then the Department of
616+16 Juvenile Justice shall ensure that the committed person is
617+17 wearing security restraints on either his or her wrists or
618+18 ankles in accordance with the rules and procedures of the
619+19 Department of Juvenile Justice if the Department of Juvenile
620+20 Justice determines that restraints are necessary for the
621+21 following reasons: (i) to prevent physical harm to the
622+22 committed person or another person; (ii) because the committed
623+23 person has a history of disruptive behavior that has placed
624+24 others in potentially harmful situations or presents a
625+25 substantial risk of inflicting physical harm on himself or
626+26 herself or others as evidenced by recent behavior; or (iii)
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1365628
1366-positive, a reliable supplemental test based upon
1367-recommendations of the United States Centers for Disease
1368-Control and Prevention shall be administered.
1369-(c) In each county, the warden of the jail must make
1370-appropriate written information concerning HIV/AIDS available
1371-to every visitor to the jail. This information must include
1372-information concerning persons or entities to contact for
1373-local counseling and testing. The Department of Public Health
1374-and community-based organizations certified to provide
1375-HIV/AIDS testing must provide these informational materials to
1376-the warden at no cost to the office of the county sheriff.
1377-(d) Implementation of this Section is subject to
1378-appropriation.
1379-(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11;
1380-97-813, eff. 7-13-12; 98-1046, eff. 1-1-15.)
1381-(730 ILCS 125/17.11 new)
1382-Sec. 17.11. Supplemental nutrition during pregnancy or
1383-while lactating. A committed person who is pregnant or
1384-lactating, including a committed person who is nursing a baby
1385-or pumping breastmilk, shall be provided supplemental
1386-nutrition of at least 300 calories per day. This supplemental
1387-nutrition shall be in addition to any regularly provided food
1388-and shall be available outside of regular mealtimes.
1389-(730 ILCS 125/19) (from Ch. 75, par. 119)
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1392-Sec. 19. The Warden of the jail shall see that strict
1393-attention is constantly paid to the personal cleanliness of
1394-all committed persons prisoners confined in the jail.
1395-(Source: P.A. 83-1073.)
1396-(730 ILCS 125/19.5)
1397-Sec. 19.5. Release of committed persons prisoners to law
1398-enforcement personnel or State's Attorney. The sheriff may
1399-adopt and implement a written policy that provides for the
1400-release of a person who is in the custody of the sheriff for
1401-any criminal or supposed criminal matter to sworn law
1402-enforcement personnel or to the State's Attorney for the
1403-purpose of furthering investigations into criminal matters
1404-that are unrelated to the criminal matter for which the person
1405-is held in custody. The written policy must, at a minimum,
1406-require that there be a written request, signed by an
1407-authorized agent of the law enforcement agency or State's
1408-Attorney office, to take custody of the committed person
1409-prisoner and that the written request shall include the name
1410-of the individual authorized to take custody of the committed
1411-person prisoner, the purpose and scope of the criminal matter
1412-under investigation, and a statement of the fact that the
1413-individual taking custody and agency they are employed by
1414-understand the limitation of the sheriff's liability as
1415-described in this Act. Upon the release of a person to law
1416-enforcement personnel or the State's Attorney under written
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1419-policy of the sheriff, the sheriff shall not be liable for any
1420-injury of any kind, including but not limited to death, to
1421-either the person released or to any third party that occurs
1422-during the time period that the person is in custody of other
1423-law enforcement personnel or the State's Attorney unless the
1424-sheriff or a deputy sheriff, correctional guard, lockup
1425-keeper, or county employee is guilty of willful and wanton
1426-conduct that proximately caused the injury.
1427-(Source: P.A. 92-304, eff. 8-9-01.)
1428-(730 ILCS 125/20) (from Ch. 75, par. 120)
1429-Sec. 20. Cost and expense; commissary fund.
1430-(a) The cost and expense of keeping, maintaining and
1431-furnishing the jail of each county, and of keeping and
1432-maintaining the committed person prisoner thereof, except as
1433-otherwise provided by law, shall be paid from the county
1434-treasury, the account therefor being first settled and allowed
1435-by the county board.
1436-The county board may require convicted persons confined in
1437-its jail to reimburse the county for the expenses incurred by
1438-their incarceration to the extent of their ability to pay for
1439-such expenses. The warden of the jail shall establish by
1440-regulation criteria for a reasonable deduction from money
1441-credited to any account of an inmate to defray the costs to the
1442-county for an inmate's medical care. The State's Attorney of
1443-the county in which such jail is located may, if requested by
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637+1 there is a well-founded belief that the committed person
638+2 presents a substantial risk of flight. Any restraints used on
639+3 a committed person under this paragraph shall be the least
640+4 restrictive restraints necessary to prevent flight or physical
641+5 harm to the committed person or another person. Restraints
642+6 shall not be used on the committed person as provided in this
643+7 paragraph if medical personnel determine that the restraints
644+8 would impede medical treatment. Under no circumstances may leg
645+9 irons or shackles or waist shackles be used on any pregnant
646+10 committed person female prisoner who is in labor. In addition,
647+11 restraint of a pregnant committed person female prisoner in
648+12 the custody of the Cook County shall comply with Section
649+13 3-15003.6 of the Counties Code.
650+14 The hospital or medical facility may establish protocols
651+15 for the receipt of committed persons in collaboration with the
652+16 Department of Juvenile Justice, specifically with regard to
653+17 persons recently exhibiting violence.
654+18 (Source: P.A. 102-538, eff. 8-20-21.)
655+19 Section 15. The Unified Code of Corrections is amended by
656+20 changing Sections 3-6-7, 3-6-7.2, 3-6-7.3, and 5-8A-4 and by
657+21 adding Sections 3-6-0.5, 3-6-7.5, and 3-6-7.6 as follows:
658+22 (730 ILCS 5/3-6-0.5 new)
659+23 Sec. 3-6-0.5. Definitions. As used in this Section and
660+24 Sections 3-6-7, 3-6-7.2, 3-6-7.3, and 3-6-7.4:
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1445662
1446-the County Board, institute civil actions in the circuit court
1447-of the county in which the jail is located to recover from such
1448-convicted confined persons the expenses incurred by their
1449-confinement. The funds recovered shall be paid into the county
1450-treasury.
1451-(a-5) Upon notification from the Clerk of the Circuit
1452-Court of an outstanding fine, restitution, or costs imposed by
1453-the court on a jail inmate, the warden of the jail may, at any
1454-time prior to release of the inmate, deduct from money
1455-credited to any account of the inmate an amount to pay or
1456-reduce the outstanding balance. The warden of the jail shall
1457-establish by regulation criteria for deduction from money
1458-credited to any account of an inmate to pay or reduce the
1459-amount outstanding on a fine, restitution, or costs imposed by
1460-the court on the inmate. The regulation shall comply with any
1461-withholding restrictions otherwise provided by law. The inmate
1462-shall be provided with written notice of the amount of any
1463-deduction. There shall also be prominent notice by signage at
1464-any location where the warden of the jail or jail employees
1465-receive funds for deposit into an inmate's account, that funds
1466-in an inmate's account may be used to pay fines, restitution,
1467-or costs imposed on the inmate by a court. Any person providing
1468-funds for an inmate's account shall be notified in writing
1469-when the funds are provided, that funds in an inmate's account
1470-may be used to pay fines, restitution, or costs imposed on the
1471-inmate by a court.
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1474-(b) When a committed person prisoner is released from the
1475-county jail after the completion of his or her sentence and has
1476-money credited to his or her account in the commissary fund,
1477-the sheriff or a person acting on the authority of the sheriff
1478-must mail a check in the amount credited to the committed
1479-person's prisoner's account to the committed person's
1480-prisoner's last known address. If after 30 days from the date
1481-of mailing of the check, the check is returned undelivered,
1482-the sheriff must transmit the amount of the check to the county
1483-treasurer for deposit into the commissary fund. Nothing in
1484-this subsection (b) constitutes a forfeiture of the committed
1485-person's prisoner's right to claim the money accredited to his
1486-or her account after the 30-day period.
1487-(Source: P.A. 96-432, eff. 8-13-09.)
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671+1 "Extraordinary circumstance" means an extraordinary
672+2 medical or security circumstance, including a substantial
673+3 flight risk, that dictates restraints be used to ensure the
674+4 safety and security of the committed person, the staff of the
675+5 correctional institution or medical facility, other committed
676+6 persons, or the public.
677+7 "Labor" means the period of time before a birth and shall
678+8 include any medical condition in which an individual is sent
679+9 or brought to the hospital for the purpose of delivering a
680+10 baby. These situations include: induction of labor, prodromal
681+11 labor, pre-term labor, prelabor rupture of membranes, the 3
682+12 stages of active labor, uterine hemorrhage during the third
683+13 trimester of pregnancy, and caesarian delivery, including
684+14 pre-operative preparation.
685+15 "Postpartum" means the 6-week period following birth
686+16 unless determined to be a longer period by a physician,
687+17 advanced practice registered nurse, physician assistant, or
688+18 other qualified medical professional.
689+19 "Restraints" means any physical restraint or mechanical
690+20 device used to control the movement of a committed person's
691+21 body or limbs, or both, including, but not limited to, flex
692+22 cuffs, soft restraints, hard metal handcuffs, a black box,
693+23 Chubb cuffs, leg irons, belly chains, a security (tether)
694+24 chain, or a convex shield, or shackles of any kind.
695+25 (730 ILCS 5/3-6-7)
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706+1 Sec. 3-6-7. Pregnant female committed persons.
707+2 (a) The Department shall not apply security restraints to
708+3 a committed person that has been determined by a qualified
709+4 medical professional to be pregnant or otherwise is known by
710+5 the Department to be pregnant or in postpartum recovery,
711+6 unless the correctional official makes an individualized
712+7 determination that the committed person presents a substantial
713+8 flight risk or some other extraordinary circumstance that
714+9 dictates security restraints be used to ensure the safety and
715+10 security of the committed person, the committed person's child
716+11 or unborn child, the staff of the Department or medical
717+12 facility, other committed persons, or the public. The
718+13 protections set out in paragraphs (3) and (4) of this Section
719+14 shall apply to security restraints used as provided in this
720+15 subsection. The correctional officer employed by the
721+16 Department shall immediately remove all restraints and
722+17 approved electronic monitoring devices, as that term is
723+18 defined in Section 5-8A-2 of the Unified Code of Corrections,
724+19 upon the written or oral request of medical personnel. Oral
725+20 requests made by medical personnel shall be verified in
726+21 writing as promptly as reasonably possible.
727+22 (1) Qualified authorized health staff shall have the
728+23 authority to order therapeutic restraints for a pregnant
729+24 or postpartum committed person who is a danger to the
730+25 committed person, the committed person's child, unborn
731+26 child, or other persons due to a psychiatric or medical
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742+1 disorder. Therapeutic restraints may only be initiated,
743+2 monitored, and discontinued by qualified and authorized
744+3 health staff and used to safely limit a committed person's
745+4 mobility for psychiatric or medical reasons. No order for
746+5 therapeutic restraints shall be written unless medical or
747+6 mental health personnel, after personally observing and
748+7 examining the committed person, are clinically satisfied
749+8 that the use of therapeutic restraints is justified and
750+9 permitted in accordance with hospital policies and
751+10 applicable State law. Metal handcuffs or shackles are not
752+11 considered therapeutic restraints.
753+12 (2) Whenever therapeutic restraints are used by
754+13 medical personnel, Section 2-108 of the Mental Health and
755+14 Developmental Disabilities Code shall apply.
756+15 (3) Leg irons, shackles or waist shackles shall not be
757+16 used on any pregnant or postpartum committed person
758+17 regardless of security classification. Except for
759+18 therapeutic restraints under paragraph (2) of subsection
760+19 (b), no restraints of any kind may be applied to committed
761+20 persons during labor.
762+21 (4) When a pregnant or postpartum committed person
763+22 must be restrained, restraints used shall be the least
764+23 restrictive restraints possible to ensure the safety and
765+24 security of the committed person, the committed person's
766+25 child, unborn child, the staff of the Department or
767+26 medical facility, other committed persons, or the public,
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778+1 and in no case shall include leg irons, shackles, or waist
779+2 shackles.
780+3 (5) Upon the pregnant committed person's entry into a
781+4 hospital room, and completion of initial room inspection,
782+5 a correctional officer shall be posted immediately outside
783+6 the hospital room unless requested to be in the room by
784+7 medical personnel attending to the committed person's
785+8 medical needs.
786+9 (6) The Department shall provide adequate corrections
787+10 personnel to monitor the pregnant committed person during
788+11 the committed person's transport to and from the hospital
789+12 and during the committed person's stay at the hospital.
790+13 (7) Where the correctional institution or facility
791+14 requires committed person safety assessments, a
792+15 correctional official may enter the hospital room to
793+16 conduct periodic committed person safety assessments,
794+17 except during a medical examination or the delivery
795+18 process.
796+19 (b) No later than 30 days before the end of each fiscal
797+20 year, the Department shall submit a written report to the
798+21 Illinois General Assembly and the Office of the Governor that
799+22 includes an account of every instance where a pregnant or
800+23 postpartum committed person had restraints used pursuant to
801+24 this Section during the previous fiscal year. The written
802+25 report shall state the date, time, location, and rationale for
803+26 each instance in which restraints are used. The written report
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814+1 shall include information provided to the Jail and Detention
815+2 Standards Unit by each county department of corrections and
816+3 county jail. The Department's written report shall also
817+4 include information on county department of corrections and
818+5 county jails that did not report as required. The written
819+6 report shall not contain any individually identifying
820+7 information of any committed person. The report shall be made
821+8 available for public inspection.
822+9 (c) No later than 30 days before the end of each fiscal
823+10 year, the Department shall submit a written report to the
824+11 Illinois General Assembly and the Office of the Governor that
825+12 includes the number of pregnant committed persons in custody
826+13 each year and the number of people who deliver or miscarry
827+14 while in custody. The written report shall include information
828+15 provided to the Jail and Detention Standards Unit by each
829+16 county department of corrections and county jail. The
830+17 Department's written report shall also include information on
831+18 county department of corrections and county jails that did not
832+19 report as required. The written report shall not contain any
833+20 individually identifying information of a committed person.
834+21 The written report shall be made available for public
835+22 inspection Notwithstanding any other statute, directive, or
836+23 administrative regulation, when a pregnant female committed
837+24 person is brought to a hospital from an Illinois correctional
838+25 center for the purpose of delivering her baby, no handcuffs,
839+26 shackles, or restraints of any kind may be used during her
840+
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849+ HB5431 Enrolled - 25 - LRB103 39388 AWJ 69563 b
850+1 transport to a medical facility for the purpose of delivering
851+2 her baby. Under no circumstances may leg irons or shackles or
852+3 waist shackles be used on any pregnant female committed person
853+4 who is in labor. Upon the pregnant female committed person's
854+5 entry to the hospital delivery room, a correctional officer
855+6 must be posted immediately outside the delivery room. The
856+7 Department must provide for adequate personnel to monitor the
857+8 pregnant female committed person during her transport to and
858+9 from the hospital and during her stay at the hospital.
859+10 (Source: P.A. 91-253, eff. 1-1-00.)
860+11 (730 ILCS 5/3-6-7.2)
861+12 Sec. 3-6-7.2. Educational programming and information for
862+13 pregnant committed persons.
863+14 (a) The Department shall develop and provide to each
864+15 pregnant committed person educational programming relating to
865+16 pregnancy and parenting. The programming must include
866+17 instruction regarding:
867+18 (1) appropriate prenatal care and hygiene;
868+19 (2) the effects of prenatal exposure to alcohol and
869+20 drugs on a developing fetus;
870+21 (3) parenting skills; and
871+22 (4) medical and mental health issues applicable to
872+23 children.
873+24 (b) The Department shall provide informational materials
874+25 concerning the laws pertaining to pregnant committed persons
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880+ HB5431 Enrolled - 25 - LRB103 39388 AWJ 69563 b
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884+ HB5431 Enrolled - 26 - LRB103 39388 AWJ 69563 b
885+1 to any pregnant or postpartum individual. The Department of
886+2 Public Health and community-based organizations specializing
887+3 in the rights of pregnant committed persons shall provide
888+4 these informational materials to the warden at no cost to the
889+5 Department of Corrections or the Department of Juvenile
890+6 Justice. The informational materials must include information
891+7 regarding:
892+8 (1) the prohibition against the use of restraints;
893+9 (2) rules concerning the treatment of pregnant
894+10 committed persons, including those relating to bed height
895+11 and supplemental nutrition;
896+12 (3) the right to spend time with a child following
897+13 delivery;
898+14 (4) the requirement to provide educational
899+15 programming;
900+16 (5) all rights under the Reproductive Health Act;
901+17 (6) the procedure for obtaining an abortion, if so
902+18 desired;
903+19 (7) the procedure for obtaining information about
904+20 guardianship or adoption resources, if so desired;
905+21 (8) any new or additional laws concerning the rights
906+22 of pregnant committed persons; and
907+23 (9) the address or contact information for community
908+24 organizations specializing in the rights of pregnant
909+25 committed persons for questions or concerns.
910+26 (c) The Department must also post informational flyers
911+
912+
913+
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917+
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920+ HB5431 Enrolled - 27 - LRB103 39388 AWJ 69563 b
921+1 provided by the Department of Public Health wherever pregnant
922+2 committed persons may be housed.
923+3 (Source: P.A. 101-652, eff. 7-1-21; 102-813, eff. 5-13-22.)
924+4 (730 ILCS 5/3-6-7.3)
925+5 Sec. 3-6-7.3. Committed person postpartum post-partum
926+6 recovery requirements. The Department shall ensure that, for a
927+7 period of 72 hours after the birth of an infant by a committed
928+8 person:
929+9 (1) the infant is allowed to remain with the committed
930+10 person, unless a medical professional determines doing so
931+11 would pose a health or safety risk to the committed person
932+12 or infant based on information only available to the
933+13 Department. The mental health professional shall make any
934+14 such determination on an individualized basis and in
935+15 consultation with the birthing team of the pregnant person
936+16 and the Chief of the Women's Division. The birthing team
937+17 shall include the committed person's perinatal care
938+18 providers and doula, if available; and
939+19 (2) the committed person has access to any nutritional
940+20 or hygiene-related products necessary to care for the
941+21 infant, including diapers.
942+22 (Source: P.A. 102-28, eff. 6-25-21; 103-154, eff. 6-30-23.)
943+23 (730 ILCS 5/3-6-7.5 new)
944+24 Sec. 3-6-7.5. Supplemental nutrition during pregnancy or
945+
946+
947+
948+
949+
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954+ HB5431 Enrolled - 28 - LRB103 39388 AWJ 69563 b
955+1 lactation. A committed person who is pregnant or lactating,
956+2 including a committed person who is nursing a baby or pumping
957+3 breastmilk, shall be provided supplemental nutrition of at
958+4 least 300 calories per day. This supplemental nutrition shall
959+5 be in addition to any regularly provided food and shall be
960+6 available outside of regular mealtimes.
961+7 (730 ILCS 5/3-6-7.6 new)
962+8 Sec. 3-6-7.6. Medical screening; pregnancy test. When a
963+9 person with a uterus is committed to a facility, the person
964+10 shall within 14 days be given a medical screening and offered a
965+11 pregnancy test.
966+12 (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
967+13 Sec. 5-8A-4. Program description. The supervising
968+14 authority may promulgate rules that prescribe reasonable
969+15 guidelines under which an electronic monitoring and home
970+16 detention program shall operate. When using electronic
971+17 monitoring for home detention these rules may include, but not
972+18 be limited to, the following:
973+19 (A) The participant may be instructed to remain within
974+20 the interior premises or within the property boundaries of
975+21 his or her residence at all times during the hours
976+22 designated by the supervising authority. Such instances of
977+23 approved absences from the home shall include, but are not
978+24 limited to, the following:
979+
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984+ HB5431 Enrolled - 28 - LRB103 39388 AWJ 69563 b
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988+ HB5431 Enrolled - 29 - LRB103 39388 AWJ 69563 b
989+1 (1) working or employment approved by the court or
990+2 traveling to or from approved employment;
991+3 (2) unemployed and seeking employment approved for
992+4 the participant by the court;
993+5 (3) undergoing medical, psychiatric, mental health
994+6 treatment, counseling, or other treatment programs
995+7 approved for the participant by the court;
996+8 (4) attending an educational institution or a
997+9 program approved for the participant by the court;
998+10 (5) attending a regularly scheduled religious
999+11 service at a place of worship;
1000+12 (6) participating in community work release or
1001+13 community service programs approved for the
1002+14 participant by the supervising authority;
1003+15 (7) for another compelling reason consistent with
1004+16 the public interest, as approved by the supervising
1005+17 authority; or
1006+18 (8) purchasing groceries, food, or other basic
1007+19 necessities.
1008+20 (A-1) At a minimum, any person ordered to pretrial
1009+21 home confinement with or without electronic monitoring
1010+22 must be provided with movement spread out over no fewer
1011+23 than two days per week, to participate in basic activities
1012+24 such as those listed in paragraph (A). In this subdivision
1013+25 (A-1), "days" means a reasonable time period during a
1014+26 calendar day, as outlined by the court in the order
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1024+ HB5431 Enrolled - 30 - LRB103 39388 AWJ 69563 b
1025+1 placing the person on home confinement.
1026+2 (B) The participant shall admit any person or agent
1027+3 designated by the supervising authority into his or her
1028+4 residence at any time for purposes of verifying the
1029+5 participant's compliance with the conditions of his or her
1030+6 detention.
1031+7 (C) The participant shall make the necessary
1032+8 arrangements to allow for any person or agent designated
1033+9 by the supervising authority to visit the participant's
1034+10 place of education or employment at any time, based upon
1035+11 the approval of the educational institution employer or
1036+12 both, for the purpose of verifying the participant's
1037+13 compliance with the conditions of his or her detention.
1038+14 (D) The participant shall acknowledge and participate
1039+15 with the approved electronic monitoring device as
1040+16 designated by the supervising authority at any time for
1041+17 the purpose of verifying the participant's compliance with
1042+18 the conditions of his or her detention.
1043+19 (E) The participant shall maintain the following:
1044+20 (1) access to a working telephone;
1045+21 (2) a monitoring device in the participant's home,
1046+22 or on the participant's person, or both; and
1047+23 (3) a monitoring device in the participant's home
1048+24 and on the participant's person in the absence of a
1049+25 telephone.
1050+26 (F) The participant shall obtain approval from the
1051+
1052+
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1059+HB5431 Enrolled- 31 -LRB103 39388 AWJ 69563 b HB5431 Enrolled - 31 - LRB103 39388 AWJ 69563 b
1060+ HB5431 Enrolled - 31 - LRB103 39388 AWJ 69563 b
1061+1 supervising authority before the participant changes
1062+2 residence or the schedule described in subsection (A) of
1063+3 this Section. Such approval shall not be unreasonably
1064+4 withheld.
1065+5 (G) The participant shall not commit another crime
1066+6 during the period of home detention ordered by the Court.
1067+7 (H) Notice to the participant that violation of the
1068+8 order for home detention may subject the participant to
1069+9 prosecution for the crime of escape as described in
1070+10 Section 5-8A-4.1.
1071+11 (I) The participant shall abide by other conditions as
1072+12 set by the supervising authority.
1073+13 The supervising authority shall adopt rules to immediately
1074+14 remove all approved electronic monitoring devices of a
1075+15 pregnant participant during labor and delivery.
1076+16 (J) This Section takes effect January 1, 2022.
1077+17 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
1078+18 102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)
1079+19 Section 20. The County Jail Act is amended by changing
1080+20 Sections 2, 2.1, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17,
1081+21 17.5, 17.6, 17.7, 17.8, 17.9, 17.10, 19, 19.5, 20, and 21 and
1082+22 by adding Sections 10.5 and 17.11 as follows:
1083+23 (730 ILCS 125/2) (from Ch. 75, par. 102)
1084+24 Sec. 2. The Sheriff of each county in this State shall be
1085+
1086+
1087+
1088+
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1094+ HB5431 Enrolled - 32 - LRB103 39388 AWJ 69563 b
1095+1 the warden of the jail of the county, and have the custody of
1096+2 all committed persons prisoners in the jail, except when
1097+3 otherwise provided in the "County Department of Corrections
1098+4 Act".
1099+5 (Source: P.A. 83-1073.)
1100+6 (730 ILCS 125/2.1) (from Ch. 75, par. 102.1)
1101+7 Sec. 2.1. New jail. The sheriff of each county in this
1102+8 State shall be the warden of any new jail facility constructed
1103+9 or otherwise acquired in the county and shall have the custody
1104+10 of all committed persons prisoners in that facility, except
1105+11 when otherwise provided in Division 3-15 of the Counties Code.
1106+12 (Source: P.A. 87-645.)
1107+13 (730 ILCS 125/4) (from Ch. 75, par. 104)
1108+14 Sec. 4. The Warden of the jail shall receive and confine in
1109+15 such jail, until discharged by due course of law, all persons
1110+16 committed to such jail by any competent authority.
1111+17 When there is no county jail facility operating in a
1112+18 county, arresting agencies shall be responsible for delivering
1113+19 persons arrested to an adjoining county jail facility, if the
1114+20 adjoining county has entered into a written agreement with the
1115+21 committing county allowing for the maintenance of committed
1116+22 persons prisoners in the adjoining county.
1117+23 (Source: P.A. 86-570.)
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1127+ HB5431 Enrolled - 33 - LRB103 39388 AWJ 69563 b
1128+1 (730 ILCS 125/5) (from Ch. 75, par. 105)
1129+2 Sec. 5. Costs of maintaining committed persons prisoners.
1130+3 (a) Except as provided in subsections (b) and (c), all
1131+4 costs of maintaining persons committed for violations of
1132+5 Illinois law, shall be the responsibility of the county.
1133+6 Except as provided in subsection (b), all costs of maintaining
1134+7 persons committed under any ordinance or resolution of a unit
1135+8 of local government, including medical costs, is the
1136+9 responsibility of the unit of local government enacting the
1137+10 ordinance or resolution, and arresting the person.
1138+11 (b) If a person who is serving a term of mandatory
1139+12 supervised release for a felony is incarcerated in a county
1140+13 jail, the Illinois Department of Corrections shall pay the
1141+14 county in which that jail is located one-half of the cost of
1142+15 incarceration, as calculated by the Governor's Office of
1143+16 Management and Budget and the county's chief financial
1144+17 officer, for each day that the person remains in the county
1145+18 jail after notice of the incarceration is given to the
1146+19 Illinois Department of Corrections by the county, provided
1147+20 that (i) the Illinois Department of Corrections has issued a
1148+21 warrant for an alleged violation of mandatory supervised
1149+22 release by the person; (ii) if the person is incarcerated on a
1150+23 new charge, unrelated to the offense for which he or she is on
1151+24 mandatory supervised release, there has been a court hearing
1152+25 at which the conditions of pretrial release have been set on
1153+26 the new charge; (iii) the county has notified the Illinois
1154+
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1163+ HB5431 Enrolled - 34 - LRB103 39388 AWJ 69563 b
1164+1 Department of Corrections that the person is incarcerated in
1165+2 the county jail, which notice shall not be given until the
1166+3 hearing has concluded, if the person is incarcerated on a new
1167+4 charge; and (iv) the person remains incarcerated in the county
1168+5 jail for more than 48 hours after the notice has been given to
1169+6 the Department of Corrections by the county. Calculation of
1170+7 the per diem cost shall be agreed upon prior to the passage of
1171+8 the annual State budget.
1172+9 (c) If a person who is serving a term of mandatory
1173+10 supervised release is incarcerated in a county jail, following
1174+11 an arrest on a warrant issued by the Illinois Department of
1175+12 Corrections, solely for violation of a condition of mandatory
1176+13 supervised release and not on any new charges for a new
1177+14 offense, then the Illinois Department of Corrections shall pay
1178+15 the medical costs incurred by the county in securing treatment
1179+16 for that person, for any injury or condition other than one
1180+17 arising out of or in conjunction with the arrest of the person
1181+18 or resulting from the conduct of county personnel, while he or
1182+19 she remains in the county jail on the warrant issued by the
1183+20 Illinois Department of Corrections.
1184+21 (Source: P.A. 101-652, eff. 1-1-23.)
1185+22 (730 ILCS 125/7) (from Ch. 75, par. 107)
1186+23 Sec. 7. On the first day of each month, the warden of the
1187+24 jail of the county shall prepare a list of all committed
1188+25 persons prisoners in his custody, specifying the causes for
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1199+1 which and the persons by whom they were committed, and make
1200+2 available to the court his calendar of committed persons
1201+3 prisoners.
1202+4 (Source: P.A. 83-1073.)
1203+5 (730 ILCS 125/9) (from Ch. 75, par. 109)
1204+6 Sec. 9. When there is no jail or other penal institution in
1205+7 a county, or the jail or other penal institution of the county
1206+8 is insufficient, the sheriff may commit any person in his
1207+9 custody, either on civil or criminal process, to the nearest
1208+10 sufficient jail of another county, and the warden of the jail
1209+11 of such county shall receive and confine such committed person
1210+12 prisoner, until removed by order of the court having
1211+13 jurisdiction of the offense, or discharged by due course of
1212+14 law.
1213+15 (Source: P.A. 83-1073.)
1214+16 (730 ILCS 125/10) (from Ch. 75, par. 110)
1215+17 Sec. 10. Whenever a committed person prisoner is committed
1216+18 to the jail of one county for a criminal offense committed or
1217+19 charged to have been committed in another, or is transferred
1218+20 to another county for safe keeping or trial, the county in
1219+21 which the crime was committed, or charged to have been
1220+22 committed, shall pay the expenses of the keeping of such
1221+23 committed person prisoner. In civil suits, the plaintiff or
1222+24 defendant shall pay the expenses, in the same manner as if the
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1233+1 imprisonment had taken place in the same county where the suit
1234+2 was commenced.
1235+3 (Source: P.A. 83-1073.)
1236+4 (730 ILCS 125/10.5 new)
1237+5 Sec. 10.5. Medical screening; pregnancy test. When a
1238+6 person with a uterus is committed to a facility, the person
1239+7 shall within 14 days be given a medical screening and offered a
1240+8 pregnancy test.
1241+9 (730 ILCS 125/11) (from Ch. 75, par. 111)
1242+10 Sec. 11. Debtors and witnesses shall not be confined in
1243+11 the same room with other committed persons prisoners; male and
1244+12 female committed persons prisoners shall not be kept in the
1245+13 same room; minors shall be kept separate from those previously
1246+14 convicted of a felony or other infamous crime; and persons
1247+15 charged with an offense shall not be confined in the same cell
1248+16 as those convicted of a crime. The confinement of those
1249+17 persons convicted of a misdemeanor or felony shall be in
1250+18 accordance with a classification system developed and
1251+19 implemented by the local jail authority.
1252+20 (Source: P.A. 87-899.)
1253+21 (730 ILCS 125/12) (from Ch. 75, par. 112)
1254+22 Sec. 12. Whenever the Warden of the jail of any county
1255+23 deems such jail insufficient to secure the committed persons
1256+
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1266+1 prisoners confined therein, he shall give notice thereof to
1267+2 the county board.
1268+3 (Source: P.A. 83-1073.)
1269+4 (730 ILCS 125/13) (from Ch. 75, par. 113)
1270+5 Sec. 13. Whenever the Warden of any jail shall have in his
1271+6 custody any person charged with a high crime, and there is no
1272+7 jail in his county, or the jail is insufficient, he may, with
1273+8 the advice of the judge of the circuit court of such county,
1274+9 employ a sufficient guard, not exceeding 3 persons, for the
1275+10 guarding and safe keeping of such committed person prisoner in
1276+11 his own county. The expense of such guard shall be audited and
1277+12 paid as other county expenses.
1278+13 (Source: P.A. 103-51, eff. 1-1-24.)
1279+14 (730 ILCS 125/14) (from Ch. 75, par. 114)
1280+15 Sec. 14. At any time, in the opinion of the Warden, the
1281+16 lives or health of the committed persons prisoners are
1282+17 endangered or the security of the penal institution is
1283+18 threatened, to such a degree as to render their removal
1284+19 necessary, the Warden may cause an individual committed person
1285+20 prisoner or a group of committed persons prisoners to be
1286+21 removed to some suitable place within the county, or to the
1287+22 jail of some convenient county, where they may be confined
1288+23 until they can be safely returned to the place whence they were
1289+24 removed. No committed person prisoner charged with a felony
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1300+1 shall be removed by the warden to a Mental Health or
1301+2 Developmental Disabilities facility as defined in the Mental
1302+3 Health and Developmental Disabilities Code, except as
1303+4 specifically authorized by Article 104 or 115 of the Code of
1304+5 Criminal Procedure of 1963, or the Mental Health and
1305+6 Developmental Disabilities Code. Any place to which the
1306+7 committed persons prisoners are so removed shall, during their
1307+8 imprisonment there, be deemed, as to such committed persons
1308+9 prisoners, a prison of the county in which they were
1309+10 originally confined; but, they shall be under the care,
1310+11 government and direction of the Warden of the jail of the
1311+12 county in which they are confined. When any criminal detainee
1312+13 is transferred to the custody of the Department of Human
1313+14 Services, the warden shall supply the Department of Human
1314+15 Services with all of the legally available information as
1315+16 described in 20 Ill. Adm. Code 701.60(f). When a criminal
1316+17 detainee is delivered to the custody of the Department, the
1317+18 following information must be included with the items
1318+19 delivered:
1319+20 (1) the sentence imposed;
1320+21 (2) any findings of great bodily harm made by the
1321+22 court;
1322+23 (3) any statement by the court on the basis for
1323+24 imposing the sentence;
1324+25 (4) any presentence reports;
1325+26 (5) any sex offender evaluations;
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1336+1 (6) any substance abuse treatment eligibility
1337+2 screening and assessment of the criminal detainee by an
1338+3 agent designated by the State to provide assessments for
1339+4 Illinois courts;
1340+5 (7) the number of days, if any, which the criminal
1341+6 detainee has been in custody and for which he or she is
1342+7 entitled to credit against the sentence. Certification of
1343+8 jail credit time shall include any time served in the
1344+9 custody of the Illinois Department of Human
1345+10 Services-Division of Mental Health or Division of
1346+11 Developmental Disabilities, time served in another state
1347+12 or federal jurisdiction, and any time served while on
1348+13 probation or periodic imprisonment;
1349+14 (8) State's Attorney's statement of facts, including
1350+15 the facts and circumstances of the offenses for which the
1351+16 criminal detainee was committed, any other factual
1352+17 information accessible to the State's Attorney prior to
1353+18 the commitment to the Department relative to the criminal
1354+19 detainee's habits, associates, disposition, and reputation
1355+20 or other information that may aid the Department during
1356+21 the custody of the criminal detainee. If the statement is
1357+22 unavailable at the time of delivery, the statement must be
1358+23 transmitted within 10 days after receipt by the clerk of
1359+24 the court;
1360+25 (9) any medical or mental health records or summaries;
1361+26 (10) any victim impact statements;
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1371+ HB5431 Enrolled - 40 - LRB103 39388 AWJ 69563 b
1372+1 (11) name of municipalities where the arrest of the
1373+2 criminal detainee and the commission of the offense
1374+3 occurred, if the municipality has a population of more
1375+4 than 25,000 persons;
1376+5 (12) all additional matters that the court directs the
1377+6 clerk to transmit;
1378+7 (13) a record of the criminal detainee's time and his
1379+8 or her behavior and conduct while in the custody of the
1380+9 county. Any action on the part of the criminal detainee
1381+10 that might affect his or her security status with the
1382+11 Department, including, but not limited to, an escape
1383+12 attempt, participation in a riot, or a suicide attempt
1384+13 should be included in the record; and
1385+14 (14) the mittimus or sentence (judgment) order that
1386+15 provides the following information:
1387+16 (A) the criminal case number, names and citations
1388+17 of the offenses, judge's name, date of sentence, and,
1389+18 if applicable, whether the sentences are to be served
1390+19 concurrently or consecutively;
1391+20 (B) the number of days spent in custody; and
1392+21 (C) if applicable, the calculation of pre-trial
1393+22 program sentence credit awarded by the court to the
1394+23 criminal detainee, including, at a minimum,
1395+24 identification of the type of pre-trial program the
1396+25 criminal detainee participated in and the number of
1397+26 eligible days the court finds the criminal detainee
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1408+1 spent in the pre-trial program multiplied by the
1409+2 calculation factor of 0.5 for the total court-awarded
1410+3 credit.
1411+4 (Source: P.A. 99-215, eff. 7-31-15.)
1412+5 (730 ILCS 125/15) (from Ch. 75, par. 115)
1413+6 Sec. 15. The Warden of the jail shall furnish each
1414+7 committed person prisoner daily with as much clean water as
1415+8 may be necessary for drink and personal cleanliness, and serve
1416+9 him three times a day with wholesome food, well cooked and in
1417+10 sufficient quantity. The Warden of the jail in counties of the
1418+11 first and second class shall procure at the expense of the
1419+12 county, all necessary foods and provisions for the support of
1420+13 the committed persons prisoners confined in the jail, and
1421+14 shall employ suitable persons to prepare and serve the food
1422+15 for the committed persons prisoners, or otherwise provide
1423+16 suitable food service.
1424+17 (Source: P.A. 83-1073.)
1425+18 (730 ILCS 125/16) (from Ch. 75, par. 116)
1426+19 Sec. 16. The Warden of the jail or other person shall not
1427+20 permit any committed person prisoner to send for or have any
1428+21 alcoholic beverages or controlled substances except when
1429+22 prescribed by a physician as medicine.
1430+23 (Source: P.A. 83-1073.)
1431+
1432+
1433+
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1437+
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1440+ HB5431 Enrolled - 42 - LRB103 39388 AWJ 69563 b
1441+1 (730 ILCS 125/17) (from Ch. 75, par. 117)
1442+2 Sec. 17. Bedding, clothing, fuel, and medical aid;
1443+3 reimbursement for medical expenses. The Warden of the jail
1444+4 shall furnish necessary bedding, clothing, fuel, and medical
1445+5 services for all committed persons prisoners under his charge,
1446+6 and keep an accurate account of the same. When services that
1447+7 result in qualified medical expenses are required by any
1448+8 person held in custody, the county, private hospital,
1449+9 physician or any public agency which provides such services
1450+10 shall be entitled to obtain reimbursement from the county for
1451+11 the cost of such services. The county board of a county may
1452+12 adopt an ordinance or resolution providing for reimbursement
1453+13 for the cost of those services at the Department of Healthcare
1454+14 and Family Services' rates for medical assistance. To the
1455+15 extent that such person is reasonably able to pay for such
1456+16 care, including reimbursement from any insurance program or
1457+17 from other medical benefit programs available to such person,
1458+18 he or she shall reimburse the county or arresting authority.
1459+19 If such person has already been determined eligible for
1460+20 medical assistance under the Illinois Public Aid Code at the
1461+21 time the person is detained, the cost of such services, to the
1462+22 extent such cost exceeds $500, shall be reimbursed by the
1463+23 Department of Healthcare and Family Services under that Code.
1464+24 A reimbursement under any public or private program authorized
1465+25 by this Section shall be paid to the county or arresting
1466+26 authority to the same extent as would have been obtained had
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1477+1 the services been rendered in a non-custodial environment.
1478+2 The sheriff or his or her designee may cause an
1479+3 application for medical assistance under the Illinois Public
1480+4 Aid Code to be completed for an arrestee who is a hospital
1481+5 inpatient. If such arrestee is determined eligible, he or she
1482+6 shall receive medical assistance under the Code for hospital
1483+7 inpatient services only. An arresting authority shall be
1484+8 responsible for any qualified medical expenses relating to the
1485+9 arrestee until such time as the arrestee is placed in the
1486+10 custody of the sheriff. However, the arresting authority shall
1487+11 not be so responsible if the arrest was made pursuant to a
1488+12 request by the sheriff. When medical expenses are required by
1489+13 any person held in custody, the county shall be entitled to
1490+14 obtain reimbursement from the County Jail Medical Costs Fund
1491+15 to the extent moneys are available from the Fund. To the extent
1492+16 that the person is reasonably able to pay for that care,
1493+17 including reimbursement from any insurance program or from
1494+18 other medical benefit programs available to the person, he or
1495+19 she shall reimburse the county.
1496+20 For the purposes of this Section, "arresting authority"
1497+21 means a unit of local government, other than a county, which
1498+22 employs peace officers and whose peace officers have made the
1499+23 arrest of a person. For the purposes of this Section,
1500+24 "qualified medical expenses" include medical and hospital
1501+25 services but do not include (i) expenses incurred for medical
1502+26 care or treatment provided to a person on account of a
1503+
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1512+ HB5431 Enrolled - 44 - LRB103 39388 AWJ 69563 b
1513+1 self-inflicted injury incurred prior to or in the course of an
1514+2 arrest, (ii) expenses incurred for medical care or treatment
1515+3 provided to a person on account of a health condition of that
1516+4 person which existed prior to the time of his or her arrest, or
1517+5 (iii) expenses for hospital inpatient services for arrestees
1518+6 enrolled for medical assistance under the Illinois Public Aid
1519+7 Code.
1520+8 (Source: P.A. 100-987, eff. 7-1-19.)
1521+9 (730 ILCS 125/17.5)
1522+10 Sec. 17.5. Pregnant committed persons female prisoners.
1523+11 Restraint of a pregnant or postpartum committed person shall
1524+12 comply with Section 3-15003.6 of the County Department of
1525+13 Corrections Law Notwithstanding any other statute, directive,
1526+14 or administrative regulation, when a pregnant female prisoner
1527+15 is brought to a hospital from a county jail for the purpose of
1528+16 delivering her baby, no handcuffs, shackles, or restraints of
1529+17 any kind may be used during her transport to a medical facility
1530+18 for the purpose of delivering her baby. Under no circumstances
1531+19 may leg irons or shackles or waist shackles be used on any
1532+20 pregnant female prisoner who is in labor. In addition,
1533+21 restraint of a pregnant female prisoner in the custody of the
1534+22 Cook County shall comply with Section 3-15003.6 of the
1535+23 Counties Code. Upon the pregnant female prisoner's entry to
1536+24 the hospital delivery room, 2 county correctional officers
1537+25 must be posted immediately outside the delivery room. The
1538+
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1547+ HB5431 Enrolled - 45 - LRB103 39388 AWJ 69563 b
1548+1 Sheriff must provide for adequate personnel to monitor the
1549+2 pregnant female prisoner during her transport to and from the
1550+3 hospital and during her stay at the hospital.
1551+4 (Source: P.A. 100-1051, eff. 1-1-19.)
1552+5 (730 ILCS 125/17.6)
1553+6 Sec. 17.6. Sheriff training related to pregnant committed
1554+7 persons prisoners.
1555+8 (a) The sheriff shall provide training relating to medical
1556+9 and mental health care issues applicable to pregnant committed
1557+10 persons prisoners confined in the county jail to:
1558+11 (1) each correctional officer employed by the sheriff
1559+12 at the county jail in which female committed persons are
1560+13 confined; and
1561+14 (2) any other sheriff employee whose duties involve
1562+15 contact with pregnant committed persons prisoners.
1563+16 (b) The training must include information regarding:
1564+17 (1) appropriate care for pregnant committed persons
1565+18 prisoners; and
1566+19 (2) the impact on a pregnant committed person prisoner
1567+20 and the committed person's prisoner's unborn child of:
1568+21 (A) the use of restraints;
1569+22 (B) placement in administrative segregation; and
1570+23 (C) invasive searches.
1571+24 (Source: P.A. 101-652, eff. 7-1-21.)
1572+
1573+
1574+
1575+
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1581+ HB5431 Enrolled - 46 - LRB103 39388 AWJ 69563 b
1582+1 (730 ILCS 125/17.7)
1583+2 Sec. 17.7. Educational programming and information for
1584+3 pregnant committed persons prisoners.
1585+4 (a) The Illinois Department of Public Health shall provide
1586+5 the sheriff with educational programming relating to pregnancy
1587+6 and parenting and the sheriff shall provide the programming to
1588+7 pregnant committed persons prisoners. The programming must
1589+8 include instruction regarding:
1590+9 (1) appropriate prenatal care and hygiene;
1591+10 (2) the effects of prenatal exposure to alcohol and
1592+11 drugs on a developing fetus;
1593+12 (3) parenting skills; and
1594+13 (4) medical and mental health issues applicable to
1595+14 children.
1596+15 (b) Each sheriff shall provide informational materials
1597+16 concerning the laws pertaining to pregnant committed persons
1598+17 to any pregnant or postpartum individual. The Department of
1599+18 Public Health shall provide these informational materials to
1600+19 the warden or the sheriff at no cost to the county and the
1601+20 county may accept informational materials from community-based
1602+21 organizations specializing in the rights of pregnant committed
1603+22 persons. The informational materials must include information
1604+23 regarding:
1605+24 (1) the prohibition against the use of restraints;
1606+25 (2) rules concerning the treatment of pregnant
1607+26 committed persons, including those relating to bed height
1608+
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1617+ HB5431 Enrolled - 47 - LRB103 39388 AWJ 69563 b
1618+1 and supplemental nutrition;
1619+2 (3) the right to spend time with a child following
1620+3 delivery;
1621+4 (4) the requirement to provide educational
1622+5 programming;
1623+6 (5) all rights under the Reproductive Health Act;
1624+7 (6) the procedure for obtaining an abortion, if so
1625+8 desired;
1626+9 (7) the procedure for obtaining information about
1627+10 guardianship or adoption resources, if so desired;
1628+11 (8) any new or additional laws concerning the rights
1629+12 of pregnant committed persons; and
1630+13 (9) the address or contact information for community
1631+14 organizations specializing in the rights of pregnant
1632+15 committed persons for questions or concerns.
1633+16 (c) Each sheriff must also post informational flyers
1634+17 provided by the Department of Public Health wherever pregnant
1635+18 committed persons may be housed.
1636+19 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
1637+20 (730 ILCS 125/17.8)
1638+21 Sec. 17.8. Committed person postpartum Prisoner
1639+22 post-partum recovery requirements. The sheriff shall ensure
1640+23 that, for a period of 72 hours after the birth of an infant by
1641+24 a committed person prisoner:
1642+25 (1) the infant is allowed to remain with the committed
1643+
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1652+ HB5431 Enrolled - 48 - LRB103 39388 AWJ 69563 b
1653+1 person prisoner, unless a medical professional determines
1654+2 doing so would pose a health or safety risk to the
1655+3 committed person prisoner or infant; and
1656+4 (2) the committed person prisoner has access to any
1657+5 nutritional or hygiene-related products necessary to care
1658+6 for the infant, including diapers.
1659+7 (Source: P.A. 101-652, eff. 7-1-21.)
1660+8 (730 ILCS 125/17.9)
1661+9 Sec. 17.9. Housing requirements applicable to pregnant
1662+10 committed persons prisoners.
1663+11 (a) The sheriff may not place in administrative
1664+12 segregation a committed person prisoner who is pregnant or who
1665+13 gave birth during the preceding 30 days unless the sheriff or
1666+14 the sheriff's designee determines that the placement is
1667+15 necessary based on a reasonable belief that the committed
1668+16 person prisoner will harm herself, the committed person's
1669+17 prisoner's infant, or any other person or will attempt escape.
1670+18 (b) The sheriff may not assign a pregnant committed person
1671+19 to any bed that is elevated more than 3 feet above the floor.
1672+20 (Source: P.A. 101-652, eff. 7-1-21.)
1673+21 (730 ILCS 125/17.10)
1674+22 Sec. 17.10. Requirements in connection with HIV/AIDS.
1675+23 (a) In each county other than Cook, during the medical
1676+24 admissions exam, the warden of the jail, a correctional
1677+
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1686+ HB5431 Enrolled - 49 - LRB103 39388 AWJ 69563 b
1687+1 officer at the jail, or a member of the jail medical staff must
1688+2 provide the committed person prisoner with appropriate written
1689+3 information concerning human immunodeficiency virus (HIV) and
1690+4 acquired immunodeficiency syndrome (AIDS). The Department of
1691+5 Public Health and community-based organizations certified to
1692+6 provide HIV/AIDS testing must provide these informational
1693+7 materials to the warden at no cost to the county. The warden, a
1694+8 correctional officer, or a member of the jail medical staff
1695+9 must inform the committed person prisoner of the option of
1696+10 being tested for infection with HIV by a certified local
1697+11 community-based agency or other available medical provider at
1698+12 no charge to the committed person prisoner.
1699+13 (b) In Cook County, during the medical admissions exam, an
1700+14 employee of the Cook County Health & Hospitals System must
1701+15 provide the committed person prisoner with appropriate
1702+16 information in writing, verbally or by video or other
1703+17 electronic means concerning human immunodeficiency virus (HIV)
1704+18 and acquired immunodeficiency syndrome (AIDS) and must also
1705+19 provide the committed person prisoner with option of testing
1706+20 for infection with HIV or any other identified causative agent
1707+21 of AIDS, as well as counseling in connection with such
1708+22 testing. The Cook County Health & Hospitals System may provide
1709+23 the inmate with opt-out human immunodeficiency virus (HIV)
1710+24 testing, as defined in Section 4 of the AIDS Confidentiality
1711+25 Act, unless the inmate refuses. If opt-out HIV testing is
1712+26 conducted, the Cook County Health & Hospitals System shall
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1722+ HB5431 Enrolled - 50 - LRB103 39388 AWJ 69563 b
1723+1 place signs in English, Spanish, and other languages as needed
1724+2 in multiple, highly visible locations in the area where HIV
1725+3 testing is conducted informing inmates that they will be
1726+4 tested for HIV unless they refuse, and refusal or acceptance
1727+5 of testing shall be documented in the inmate's medical record.
1728+6 Pre-test information shall be provided to the inmate and
1729+7 informed consent obtained from the inmate as required in
1730+8 subsection (q) of Section 3 and Section 5 of the AIDS
1731+9 Confidentiality Act. The Cook County Health & Hospitals System
1732+10 shall follow procedures established by the Department of
1733+11 Public Health to conduct HIV testing and testing to confirm
1734+12 positive HIV test results. All aspects of HIV testing shall
1735+13 comply with the requirements of the AIDS Confidentiality Act,
1736+14 including delivery of test results, as determined by the Cook
1737+15 County Health & Hospitals System in consultation with the
1738+16 Illinois Department of Public Health. Nothing in this Section
1739+17 shall require the Cook County Health & Hospitals System to
1740+18 offer HIV testing to inmates who are known to be infected with
1741+19 HIV. The Department of Public Health and community-based
1742+20 organizations certified to provide HIV/AIDS testing may
1743+21 provide these informational materials to the Bureau at no cost
1744+22 to the county. The testing provided under this subsection (b)
1745+23 shall consist of a test approved by the Illinois Department of
1746+24 Public Health to determine the presence of HIV infection,
1747+25 based upon recommendations of the United States Centers for
1748+26 Disease Control and Prevention. If the test result is
1749+
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1758+ HB5431 Enrolled - 51 - LRB103 39388 AWJ 69563 b
1759+1 positive, a reliable supplemental test based upon
1760+2 recommendations of the United States Centers for Disease
1761+3 Control and Prevention shall be administered.
1762+4 (c) In each county, the warden of the jail must make
1763+5 appropriate written information concerning HIV/AIDS available
1764+6 to every visitor to the jail. This information must include
1765+7 information concerning persons or entities to contact for
1766+8 local counseling and testing. The Department of Public Health
1767+9 and community-based organizations certified to provide
1768+10 HIV/AIDS testing must provide these informational materials to
1769+11 the warden at no cost to the office of the county sheriff.
1770+12 (d) Implementation of this Section is subject to
1771+13 appropriation.
1772+14 (Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11;
1773+15 97-813, eff. 7-13-12; 98-1046, eff. 1-1-15.)
1774+16 (730 ILCS 125/17.11 new)
1775+17 Sec. 17.11. Supplemental nutrition during pregnancy or
1776+18 while lactating. A committed person who is pregnant or
1777+19 lactating, including a committed person who is nursing a baby
1778+20 or pumping breastmilk, shall be provided supplemental
1779+21 nutrition of at least 300 calories per day. This supplemental
1780+22 nutrition shall be in addition to any regularly provided food
1781+23 and shall be available outside of regular mealtimes.
1782+24 (730 ILCS 125/19) (from Ch. 75, par. 119)
1783+
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1793+1 Sec. 19. The Warden of the jail shall see that strict
1794+2 attention is constantly paid to the personal cleanliness of
1795+3 all committed persons prisoners confined in the jail.
1796+4 (Source: P.A. 83-1073.)
1797+5 (730 ILCS 125/19.5)
1798+6 Sec. 19.5. Release of committed persons prisoners to law
1799+7 enforcement personnel or State's Attorney. The sheriff may
1800+8 adopt and implement a written policy that provides for the
1801+9 release of a person who is in the custody of the sheriff for
1802+10 any criminal or supposed criminal matter to sworn law
1803+11 enforcement personnel or to the State's Attorney for the
1804+12 purpose of furthering investigations into criminal matters
1805+13 that are unrelated to the criminal matter for which the person
1806+14 is held in custody. The written policy must, at a minimum,
1807+15 require that there be a written request, signed by an
1808+16 authorized agent of the law enforcement agency or State's
1809+17 Attorney office, to take custody of the committed person
1810+18 prisoner and that the written request shall include the name
1811+19 of the individual authorized to take custody of the committed
1812+20 person prisoner, the purpose and scope of the criminal matter
1813+21 under investigation, and a statement of the fact that the
1814+22 individual taking custody and agency they are employed by
1815+23 understand the limitation of the sheriff's liability as
1816+24 described in this Act. Upon the release of a person to law
1817+25 enforcement personnel or the State's Attorney under written
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1828+1 policy of the sheriff, the sheriff shall not be liable for any
1829+2 injury of any kind, including but not limited to death, to
1830+3 either the person released or to any third party that occurs
1831+4 during the time period that the person is in custody of other
1832+5 law enforcement personnel or the State's Attorney unless the
1833+6 sheriff or a deputy sheriff, correctional guard, lockup
1834+7 keeper, or county employee is guilty of willful and wanton
1835+8 conduct that proximately caused the injury.
1836+9 (Source: P.A. 92-304, eff. 8-9-01.)
1837+10 (730 ILCS 125/20) (from Ch. 75, par. 120)
1838+11 Sec. 20. Cost and expense; commissary fund.
1839+12 (a) The cost and expense of keeping, maintaining and
1840+13 furnishing the jail of each county, and of keeping and
1841+14 maintaining the committed person prisoner thereof, except as
1842+15 otherwise provided by law, shall be paid from the county
1843+16 treasury, the account therefor being first settled and allowed
1844+17 by the county board.
1845+18 The county board may require convicted persons confined in
1846+19 its jail to reimburse the county for the expenses incurred by
1847+20 their incarceration to the extent of their ability to pay for
1848+21 such expenses. The warden of the jail shall establish by
1849+22 regulation criteria for a reasonable deduction from money
1850+23 credited to any account of an inmate to defray the costs to the
1851+24 county for an inmate's medical care. The State's Attorney of
1852+25 the county in which such jail is located may, if requested by
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1863+1 the County Board, institute civil actions in the circuit court
1864+2 of the county in which the jail is located to recover from such
1865+3 convicted confined persons the expenses incurred by their
1866+4 confinement. The funds recovered shall be paid into the county
1867+5 treasury.
1868+6 (a-5) Upon notification from the Clerk of the Circuit
1869+7 Court of an outstanding fine, restitution, or costs imposed by
1870+8 the court on a jail inmate, the warden of the jail may, at any
1871+9 time prior to release of the inmate, deduct from money
1872+10 credited to any account of the inmate an amount to pay or
1873+11 reduce the outstanding balance. The warden of the jail shall
1874+12 establish by regulation criteria for deduction from money
1875+13 credited to any account of an inmate to pay or reduce the
1876+14 amount outstanding on a fine, restitution, or costs imposed by
1877+15 the court on the inmate. The regulation shall comply with any
1878+16 withholding restrictions otherwise provided by law. The inmate
1879+17 shall be provided with written notice of the amount of any
1880+18 deduction. There shall also be prominent notice by signage at
1881+19 any location where the warden of the jail or jail employees
1882+20 receive funds for deposit into an inmate's account, that funds
1883+21 in an inmate's account may be used to pay fines, restitution,
1884+22 or costs imposed on the inmate by a court. Any person providing
1885+23 funds for an inmate's account shall be notified in writing
1886+24 when the funds are provided, that funds in an inmate's account
1887+25 may be used to pay fines, restitution, or costs imposed on the
1888+26 inmate by a court.
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1898+ HB5431 Enrolled - 55 - LRB103 39388 AWJ 69563 b
1899+1 (b) When a committed person prisoner is released from the
1900+2 county jail after the completion of his or her sentence and has
1901+3 money credited to his or her account in the commissary fund,
1902+4 the sheriff or a person acting on the authority of the sheriff
1903+5 must mail a check in the amount credited to the committed
1904+6 person's prisoner's account to the committed person's
1905+7 prisoner's last known address. If after 30 days from the date
1906+8 of mailing of the check, the check is returned undelivered,
1907+9 the sheriff must transmit the amount of the check to the county
1908+10 treasurer for deposit into the commissary fund. Nothing in
1909+11 this subsection (b) constitutes a forfeiture of the committed
1910+12 person's prisoner's right to claim the money accredited to his
1911+13 or her account after the 30-day period.
1912+14 (Source: P.A. 96-432, eff. 8-13-09.)
1913+15 (730 ILCS 125/21) (from Ch. 75, par. 121)
1914+16 Sec. 21. Whenever a committed person prisoner is committed
1915+17 to the jail of one county for a criminal offense committed or
1916+18 charged to have been committed in another, or is transferred
1917+19 to another county for safekeeping or trial, the county in
1918+20 which the crime was committed, or charged to have been
1919+21 committed, shall pay the expenses of the keeping of such
1920+22 committed person prisoner. In civil suits, the plaintiff or
1921+23 defendant shall pay the expenses, in the same manner as if the
1922+24 imprisonment had taken place in the same county where the suit
1923+25 was commenced.
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