730 ILCS 5/3-6-2
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter III - Department Of Corrections

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