Illinois workplace violence protection act

Public Act 1051 100TH GENERAL ASSEMBLY

 Public Act 100-1051  
HB4100 EnrolledLRB100 13779 SMS 28501 b
  AN ACT concerning regulation.  Be it enacted by the People of the State of Illinois, represented in the General Assembly:  Section 1. Short title. This Act may be cited as the Health Care Violence Prevention Act.  Section 5. Definitions. As used in this Act: "Committed person" means a person who is in the custody of or under the control of a custodial agency, including, but not limited to, a person who is incarcerated, under arrest, detained, or otherwise under the physical control of a custodial agency. "Custodial agency" means the Illinois Department of Corrections, the Illinois State Police, the sheriff of a county, a county jail, a correctional institution, or any other State agency, municipality, or unit of local government that employs personnel designated as police, peace officers, wardens, corrections officers, or guards or that employs personnel vested by law with the power to place or maintain a person in custody. "Health care provider" means a retail health care facility, a hospital subject to the Hospital Licensing Act or the University of Illinois Hospital Act, or a veterans home as defined in the Department of Veterans' Affairs Act. 
 "Health care worker" means nursing assistants and other 
support personnel, any individual licensed under the laws of 
this State to provide health services, including but not 
limited to: dentists licensed under the Illinois Dental 
Practice Act; dental hygienists licensed under the Illinois 
Dental Practice Act; nurses and advanced practice registered 
nurses licensed under the Nurse Practice Act; occupational 
therapists licensed under the Illinois Occupational Therapy 
Practice Act; optometrists licensed under the Illinois 
Optometric Practice Act of 1987; pharmacists licensed under the 
Pharmacy Practice Act; physical therapists licensed under the 
Illinois Physical Therapy Act; physicians licensed under the 
Medical Practice Act of 1987; physician assistants licensed 
under the Physician Assistant Practice Act of 1987; podiatric 
physicians licensed under the Podiatric Medical Practice Act of 
1987; clinical psychologists licensed under the Clinical 
Psychologist Licensing Act; clinical social workers licensed 
under the Clinical Social Work and Social Work Practice Act; 
speech-language pathologists and audiologists licensed under 
the Illinois Speech-Language Pathology and Audiology Practice 
Act; or hearing instrument dispensers licensed under the 
Hearing Instrument Consumer Protection Act, or any of their 
successor Acts.
 "Nurse" means a person who is licensed to practice nursing 
under the Nurse Practice Act.
 "Retail health care facility" means an institution, place, 
 
or building, or any portion thereof, that:
 (1) is devoted to the maintenance and operation of a 
 facility for the performance of health care services and is 
 located within a retail store at a specific location;
 (2) does not provide surgical services or any form of 
 general anesthesia;
 (3) does not provide beds or other accommodations for 
 either the long-term or overnight stay of patients; and
 (4) discharges individual patients in an ambulatory 
 condition without danger to the continued well-being of the 
 patients and transfers non-ambulatory patients to 
 hospitals.
 "Retail health care facility" does not include hospitals, 
long-term care facilities, ambulatory treatment centers, blood 
banks, clinical laboratories, offices of physicians, advanced 
practice registered nurses, podiatrists, and physician 
assistants, and pharmacies that provide limited health care 
services. 
 Section 10. Application. This Act applies to health care 
providers and custodial agencies as defined in Section 5.
 This Act does not apply to an owner of an institution, 
place, building, or any portion of the institution, place, or 
building, who directly or indirectly leases space that is used 
by the lessee to operate a retail health care facility. 
 
 Section 15. Workplace safety.
 (a) A health care worker who contacts law enforcement or 
files a report with law enforcement against a patient or 
individual because of workplace violence shall provide notice 
to management of the health care provider by which he or she is 
employed within 3 days after contacting law enforcement or 
filing the report.
 (b) No management of a health care provider may discourage 
a health care worker from exercising his or her right to 
contact law enforcement or file a report with law enforcement 
because of workplace violence.
 (c) A health care provider that employs a health care 
worker shall display a notice stating that verbal aggression 
will not be tolerated and physical assault will be reported to 
law enforcement.
 (d) The health care provider shall offer immediate 
post-incident services for a health care worker directly 
involved in a workplace violence incident caused by patients or 
their visitors, including acute treatment and access to 
psychological evaluation. 
 Section 20. Workplace violence prevention program. 
 (a) A health care provider shall create a workplace 
violence prevention program that complies with the 
Occupational Safety and Health Administration guidelines for 
preventing workplace violence for health care and social 
 
service workers as amended or updated by the Occupational 
Safety and Health Administration.
 (a-5) In addition, the workplace violence prevention 
program shall include: 
 (1) the following classifications of workplace 
 violence as one of 4 possible types: 
 (A) "Type 1 violence" means workplace violence 
 committed by a person who has no legitimate business at 
 the work site and includes violent acts by anyone who 
 enters the workplace with the intent to commit a crime. 
 (B) "Type 2 violence" means workplace violence 
 directed at employees by customers, clients, patients, 
 students, inmates, visitors, or other individuals 
 accompanying a patient. 
 (C) "Type 3 violence" means workplace violence 
 against an employee by a present or former employee, 
 supervisor, or manager. 
 (D) "Type 4 violence" means workplace violence 
 committed in the workplace by someone who does not work 
 there, but has or is known to have had a personal 
 relationship with an employee. 
 (2) management commitment and worker participation, 
 including, but not limited to, nurses; 
 (3) worksite analysis and identification of potential 
 hazards; 
 (4) hazard prevention and control; 
 
 (5) safety and health training with required hours 
 determined by rule; and 
 (6) recordkeeping and evaluation of the violence 
 prevention program.
 (b) The Department of Public Health may by rule adopt 
additional criteria for workplace violence prevention 
programs. 
 Section 25. Whistleblower protection. The Whistleblower 
Act applies to health care providers and their employees with 
respect to actions taken to implement or enforce compliance 
with this Act. 
 Section 30. Medical care for committed persons. 
 (a) If a committed person receives medical care and 
treatment at a place other than an institution or facility of 
the Department of Corrections, a county, or a municipality, 
then the institution or facility shall: 
 (1) to the greatest extent practicable, notify the 
 hospital or medical facility that is treating the committed 
 person prior to the committed person's visit and notify the 
 hospital or medical facility of any significant medical, 
 mental health, recent violent actions, or other safety 
 concerns regarding the patient; 
 (2) to the greatest extent practicable, ensure the 
 transferred committed person is accompanied by the most 
 
 comprehensive medical records possible; 
 (3) provide at least one guard trained in custodial 
 escort and custody of high-risk committed persons to 
 accompany any committed person. The custodial agency shall 
 attest to such training for custodial escort and custody of 
 high-risk committed persons through: (A) the training of 
 the Department of Corrections or Department of Juvenile 
 Justice; (B) law enforcement training that is 
 substantially equivalent to the training of the Department 
 of Corrections or Department of Juvenile Justice; or (C) 
 the training described in Section 35. Under no 
 circumstances may leg irons or shackles or waist shackles 
 be used on any pregnant female prisoner who is in labor. In 
 addition, restraint of a pregnant female prisoner in the 
 custody of the Cook County shall comply with Section 
 3-15003.6 of the Counties Code. Additionally, restraints 
 shall not be used on a committed person if medical 
 personnel determine that the restraints would impede 
 medical treatment; and
 (4) ensure that only medical personnel, Department of 
 Corrections, county, or municipality personnel, and 
 visitors on the committed person's approved institutional 
 visitors list may visit the committed person. Visitation by 
 a person on the committed person's approved institutional 
 visitors list shall be subject to the rules and procedures 
 of the hospital or medical facility and the Department of 
 
 Corrections, county, or municipality. In any situation in 
 which a committed person is being visited:
 (A) the name of the visitor must be listed per the 
 facility's or institution's documentation;
 (B) the visitor shall submit to the search of his 
 or her person or any personal property under his or her 
 control at any time; and
 (C) the custodial agency may deny the committed 
 person access to a telephone or limit the number of 
 visitors the committed person may receive for purposes 
 of safety.
 If a committed person receives medical care and treatment 
at a place other than an institution or facility of the 
Department of Corrections, county, or municipality, then the 
custodial agency shall ensure that the committed person is 
wearing security restraints in accordance with the custodial 
agency's rules and procedures if the custodial agency 
determines that restraints are necessary for the following 
reasons: (i) to prevent physical harm to the committed person 
or another person; (ii) because the committed person has a 
history of disruptive behavior that has placed others in 
potentially harmful situations or presents a substantial risk 
of inflicting physical harm on himself or herself or others as 
evidenced by recent behavior; or (iii) there is a well-founded 
belief that the committed person presents a substantial risk of 
flight. Under no circumstances may leg irons or shackles or 
 
waist shackles be used on any pregnant female prisoner who is 
in labor. In addition, restraint of a pregnant female prisoner 
in the custody of the Cook County shall comply with Section 
3-15003.6 of the Counties Code.
 The hospital or medical facility may establish protocols 
for the receipt of committed persons in collaboration with the 
Department of Corrections, county, or municipality, 
specifically with regard to potentially violent persons. 
 (b) If a committed person receives medical care and 
treatment at a place other than an institution or facility of 
the Department of Juvenile Justice, then the institution or 
facility shall: 
 (1) to the greatest extent practicable, notify the 
 hospital or medical facility that is treating the committed 
 person prior to the committed person's visit, and notify 
 the hospital or medical facility of any significant 
 medical, mental health, recent violent actions, or other 
 safety concerns regarding the patient; 
 (2) to the greatest extent practicable, ensure the 
 transferred committed person is accompanied by the most 
 comprehensive medical records possible; 
 (3) provide: (A) at least one guard trained in 
 custodial escort and custody of high-risk committed 
 persons to accompany any committed person. The custodial 
 agency shall attest to such training for custodial escort 
 and custody of high-risk committed persons through: (i) the 
 
 training of the Department of Corrections or Department of 
 Juvenile Justice, (ii) law enforcement training that is 
 substantially equivalent to the training of the Department 
 of Corrections or Department of Juvenile Justice, or (iii) 
 the training described in Section 35; or (B) 2 guards to 
 accompany the committed person at all times during the 
 visit to the hospital or medical facility; and 
 (4) ensure that only medical personnel, Department of 
 Juvenile Justice personnel, and visitors on the committed 
 person's approved institutional visitors list may visit 
 the committed person. Visitation by a person on the 
 committed person's approved institutional visitors list 
 shall be subject to the rules and procedures of the 
 hospital or medical facility and the Department of Juvenile 
 Justice. In any situation in which a committed person is 
 being visited: 
 (A) the name of the visitor must be listed per the 
 facility's or institution's documentation; 
 (B) the visitor shall submit to the search of his 
 or her person or any personal property under his or her 
 control at any time; and
 (C) the custodial agency may deny the committed 
 person access to a telephone or limit the number of 
 visitors the committed person may receive for purposes 
 of safety.
 If a committed person receives medical care and treatment 
 
at a place other than an institution or facility of the 
Department of Juvenile Justice, then the Department of Juvenile 
Justice shall ensure that the committed person is wearing 
security restraints on either his or her wrists or ankles in 
accordance with the rules and procedures of the Department of 
Juvenile Justice if the Department of Juvenile Justice 
determines that restraints are necessary for the following 
reasons: (i) to prevent physical harm to the committed person 
or another person; (ii) because the committed person has a 
history of disruptive behavior that has placed others in 
potentially harmful situations or presents a substantial risk 
of inflicting physical harm on himself or herself or others as 
evidenced by recent behavior; or (iii) there is a well-founded 
belief that the committed person presents a substantial risk of 
flight. Any restraints used on a committed person under this 
paragraph shall be the least restrictive restraints necessary 
to prevent flight or physical harm to the committed person or 
another person. Restraints shall not be used on the committed 
person as provided in this paragraph if medical personnel 
determine that the restraints would impede medical treatment. 
Under no circumstances may leg irons or shackles or waist 
shackles be used on any pregnant female prisoner who is in 
labor. In addition, restraint of a pregnant female prisoner in 
the custody of the Cook County shall comply with Section 
3-15003.6 of the Counties Code.
 The hospital or medical facility may establish protocols 
 
for the receipt of committed persons in collaboration with the 
Department of Juvenile Justice, specifically with regard to 
persons recently exhibiting violence. 
 Section 35. Custodial agency training. The Illinois Law 
Enforcement Training Standards Board shall establish a 
curriculum for custodial escort and custody of high-risk 
committed persons certification, which shall include, but not 
be limited to, the following: 
 (1) handcuffing or shackling of a high-risk committed 
 person; 
 (2) mobile transportation of a committed person with 
 defense from the committed person's attack; 
 (3) outside facility threat assessment; 
 (4) hands-on weapons retention training; and
 (5) custodial considerations for a high-risk committed 
 person in outside facilities. 
 Section 90. The State Police Act is amended by adding 
Section 45 as follows: 
 (20 ILCS 2610/45 new)
 Sec. 45. Compliance with the Health Care Violence 
Prevention Act. The Department shall comply with the Health 
Care Violence Prevention Act. 
 
 Section 95. The Department of Veterans' Affairs Act is 
amended by changing Section 2.07 as follows: 
 (20 ILCS 2805/2.07) (from Ch. 126 1/2, par. 67.07) 
 Sec. 2.07. The Department shall employ and maintain 
sufficient and qualified staff at the veterans' homes (i) to 
fill all beds, subject to appropriation, and (ii) to fulfill 
the requirements of this Act. The Department shall report to 
the General Assembly, by January 1 and July 1 of each year, the 
number of staff employed in providing direct patient care at 
their veterans' homes, the compliance or noncompliance with 
staffing standards established by the United States Department 
of Veterans Affairs for such care, and in the event of 
noncompliance with such standards, the number of staff required 
for compliance. For purposes of this Section, a nurse who has a 
license application pending with the State shall not be deemed 
unqualified by the Department if the nurse is in compliance 
with Section 50-15 of the Nurse Practice Act. 
 A veterans home is subject to the Health Care Violence 
Prevention Act. 
(Source: P.A. 96-699, eff. 8-25-09; 97-297, eff. 1-1-12.) 
 Section 100. The University of Illinois Hospital Act is 
amended by adding Section 10 as follows: 
 (110 ILCS 330/10 new)
 
 Sec. 10. Compliance with the Health Care Violence 
Prevention Act. The University of Illinois Hospital shall 
comply with the Health Care Violence Prevention Act. 
 Section 105. The Hospital Licensing Act is amended by 
adding Section 9.8 as follows: 
 (210 ILCS 85/9.8 new)
 Sec. 9.8. Compliance with the Health Care Violence 
Prevention Act. A hospital licensed under this Act shall comply 
with the Health Care Violence Prevention Act. 
 Section 110. The Unified Code of Corrections is amended by 
changing Section 3-6-2 as follows: 
 (730 ILCS 5/3-6-2) (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 shall provide educational programs for 
all committed persons so that all persons 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 who, during the period of his or her incarceration, 
participates in an educational program provided by or through 
the Department 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, 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 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 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. The Department shall require the committed 
person receiving medical or dental services on a non-emergency 
basis to pay a $5 co-payment to the Department for each visit 
for medical or dental services. The amount of each co-payment 
shall be deducted from the committed person's individual 
account. A committed person who has a chronic illness, as 
defined by Department rules and regulations, shall be exempt 
from the $5 co-payment for treatment of the chronic illness. A 
committed person shall not be subject to a $5 co-payment for 
follow-up visits ordered by a physician, who is employed by, or 
contracts with, the Department. A committed person who is 
indigent is exempt from the $5 co-payment and is entitled to 
receive medical or dental services on the same basis as a 
committed person who is financially able to afford the 
co-payment. For purposes of this Section only, "indigent" means 
a committed person who has $20 or less in his or her Inmate 
Trust Fund at the time of such services and for the 30 days 
prior to such services. Notwithstanding any other provision in 
this subsection (f) to the contrary, any person committed to 
any facility operated by the Department of Juvenile Justice, as 
set forth in Section 3-2.5-15 of this Code, is exempt from the 
co-payment requirement for the duration of confinement in those 
facilities. 
 (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 addiction recovery 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 addiction recovery service contacts the chief 
 administrative officer to arrange the meeting;
 (2) the committed person may attend the meeting for 
 addiction recovery 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 addiction recovery services;
 (5) if the addiction recovery service does not arrange 
 for scheduling a meeting for that week, no addiction 
 recovery 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 an 
 addiction recovery meeting shall not exceed 40 during any 
 session held at the correctional institution or facility;
 
 (7) a volunteer seeking to provide addiction recovery 
 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 addiction recovery services program 
 according to its own processes and procedures.
 For the purposes of this subsection (m), "addiction 
recovery services" means recovery services for alcoholics and 
addicts provided by volunteers of recovery support services 
recognized by the Department of Human Services. 
(Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323, 
eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12; 
97-813, eff. 7-13-12.) 
 Section 115. The County Jail Act is amended by changing 
Section 17.5 and by adding Section 17.15 as follows: 
 (730 ILCS 125/17.5) 
 Sec. 17.5. Pregnant female prisoners. Notwithstanding any 
other statute, directive, or administrative regulation, when a 
pregnant female prisoner is brought to a hospital from a county 
jail for the purpose of delivering her baby, no handcuffs, 
shackles, or restraints of any kind may be used during her 
 
transport to a medical facility for the purpose of delivering 
her baby. Under no circumstances may leg irons or shackles or 
waist shackles be used on any pregnant female prisoner who is 
in labor. In addition, restraint of a pregnant female prisoner 
in the custody of the Cook County shall comply with Section 
3-15003.6 of the Counties Code. Upon the pregnant female 
prisoner's entry to the hospital delivery room, 2 a county 
correctional officers officer must be posted immediately 
outside the delivery room. The Sheriff must provide for 
adequate personnel to monitor the pregnant female prisoner 
during her transport to and from the hospital and during her 
stay at the hospital. 
(Source: P.A. 91-253, eff. 1-1-00.) 
 (730 ILCS 125/17.15 new)
 Sec. 17.15. Compliance with the Health Care Violence 
Prevention Act. The sheriff or warden of the jail shall comply 
with the Health Care Violence Prevention Act.