HB 5431

Abstract

Amends the County Department of Corrections Law. In provisions about pregnant prisoners, modifies the definitions of "post-partum" and "correctional institution", including that "correctional institution" includes institutions in all counties (rather than only in counties more than 3,000,000 inhabitants). Modifies and removes provisions relating to security restraints on a prisoner who is pregnant or in postpartum recovery. Adds provisions relating to annual reports by sheriffs documenting the number of pregnant prisoners in custody each year and the number of people who deliver or miscarry while in custody, relating to county department of corrections providing informational materials concerning the laws pertaining to pregnant prisoners to any pregnant or postpartum prisoner, and relating to supplemental nutrition for prisoners who are pregnant or lactating. Amends the Unified Code of Corrections and the County Jail Act making similar changes. In the Unified Code of Corrections, also adds language relating to restraints of committed persons who are pregnant. Amends the Health Care Violence Prevention Act. In provisions relating to pregnant prisoners, removes a limitation on the provisions to pregnant prisoners in the custody of the Cook County. Provides that restraint of a pregnant prisoner shall comply with specified provisions of the Counties Code, the Unified Code of Corrections, and the County Jail Act (rather than only the Counties Code provisions). House Floor Amendment No. 1 Adds reference to: 55 ILCS 5/3-15003 from Ch. 34, par. 3-15003 55 ILCS 5/3-15003.7 55 ILCS 5/3-15003.10 55 ILCS 5/3-15003.12 new 730 ILCS 5/3-6-7.6 new 730 ILCS 125/2 from Ch. 75, par. 102 730 ILCS 125/2.1 from Ch. 75, par. 102.1 730 ILCS 125/4 from Ch. 75, par. 104 730 ILCS 125/5 from Ch. 75, par. 105 730 ILCS 125/7 from Ch. 75, par. 107 730 ILCS 125/9 from Ch. 75, par. 109 730 ILCS 125/10 from Ch. 75, par. 110 730 ILCS 125/10.5 new 730 ILCS 125/11 from Ch. 75, par. 111 730 ILCS 125/12 from Ch. 75, par. 112 730 ILCS 125/13 from Ch. 75, par. 113 730 ILCS 125/14 from Ch. 75, par. 114 730 ILCS 125/15 from Ch. 75, par. 115 730 ILCS 125/16 from Ch. 75, par. 116 730 ILCS 125/17 from Ch. 75, par. 117 730 ILCS 125/17.6 730 ILCS 125/17.9 730 ILCS 125/17.10 730 ILCS 125/19 from Ch. 75, par. 119 730 ILCS 125/19.5 730 ILCS 125/20 from Ch. 75, par. 120 730 ILCS 125/21 from Ch. 75, par. 121 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Further amends the County Department of Corrections Law, the Health Care Violence Prevention Act, and the County Jail Act to replace use of "prisoner" with "committed person". In the County Department of Corrections Law, the Unified Code of Corrections, and the County Jail Law, requires the Department of Public Health to provide the flyers that must be provided to pregnant committed persons, and provides that, when a person with a uterus is committed to a county jail or State correctional facility, the person shall take a pregnancy test. In the County Department of Corrections Law and the Unified Code of Corrections: (i) provides that reports a sheriff, the Department of Corrections, and the Department of Juvenile Justice must submit under the provisions must be provided to the Jail and Detention Standards Unit of the Department of Corrections (removing the requirement to submit the report to the General Assembly and the Office of the Governor in the County Department of Corrections Law); (ii) modifies the reporting requirements; (iii) and provides that other qualified medical professionals (in addition to a physician, advanced practice registered nurse, or physician assistant) may determine that the postpartum period is longer than 6 weeks. In the County Department of Corrections Law, defines "participant" as an individual placed into an electronic monitoring program and makes conforming changes. Makes other changes. House Floor Amendment No. 3 In provisions relating to informational materials that must be provided to pregnant committed persons, provides that the information must also include the procedure for obtaining information about guardianship or adoption resources, if so desired. Provides that, when a person with a uterus is committed to a facility, the person shall within 14 days be given a medical screening and offered a pregnancy test (rather than the person shall take a pregnancy test).