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Full Text of HB4434
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HB4434 - 104th General Assembly
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HB4434 Engrossed
LRB104 18059 RLC 31498 b
1
AN ACT concerning criminal law.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Unified Code of Corrections is amended by
5
adding Section 3-2-15.1 as follows:
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(730 ILCS 5/3-2-15.1 new)
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Sec. 3-2-15.1.
Department of Corrections; End-of-life Care
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Peer Support Program.
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(a) References. This Section may be referred to as
10
Humanizing End-of-Life Care for People in Prison.
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(b) Legislative findings. The General Assembly finds that:
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(1) A significant number of people in the Department
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of Corrections are aging, experiencing terminal illnesses,
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or dying.
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(2) According to the Department's 2024 Annual Report,
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the Department incarcerates the following populations of
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aging people:
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(A) 3,002 individuals between the ages of 55 and
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64.
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(B) 1,045 individuals between the ages of 65 and
21
74.
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(C) 206 individuals between the ages of 75 and 90.
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(3) As a result of the aging prison population, more
HB4434 Engrossed
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LRB104 18059 RLC 31498 b
1
incarcerated persons are in need of end-of-life care and
2
support services.
3
(4) Prison is disabling and contributes to accelerated
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aging due to inadequate healthcare, high-stress
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environments, and lack of physical movement or cognitive
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stimuli.
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(5) Mass incarceration is a public health crisis.
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(6) People in prison and returning home after
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incarceration, on average, have higher healthcare needs.
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(A) The Bureau of Justice Statistics found that,
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in 2011, 44 percent of people who are incarcerated had
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a mental health disorder.
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(B) Compared to the general population, both men
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and women who are incarcerated are more likely to have
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high blood pressure, asthma, cancer, arthritis, and
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infectious diseases, such as tuberculosis, hepatitis
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C, and HIV.
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(C) Women who have been incarcerated are
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disproportionately likely to suffer from conditions
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such as tuberculosis, hepatitis, and high blood
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pressure, and are at greater risk for several
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infectious diseases, such as HIV/AIDS, HPV, and other
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sexually transmitted diseases.
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(7) People in State prisons often suffer from unmet
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health needs which lead to medical complications and
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premature and preventable deaths.
HB4434 Engrossed
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LRB104 18059 RLC 31498 b
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(8) Comprehensive end-of-life care requires approaches
2
that are patient-centered and family-centered;
3
peer-to-peer; inclusive; and accountable to patients and
4
their families.
5
(9) The Department has some end-of-life services in a
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few facilities; rather, end-of-life care is provided on a
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prison-by-prison basis which results in coordinated care
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for some individuals in custody who have been diagnosed
9
with terminal illnesses or who are expected to reach the
10
end of their life.
11
(A) The Department's existing end-of-life care
12
program is, in part, provided by other incarcerated
13
individuals.
14
(B) The Department's existing end-of-life care
15
programs are not available to incarcerated women.
16
(10) Peer-to-peer hospice programs can significantly
17
benefit the lives of not only participants but also
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incarcerated volunteers by bringing value to their own
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lives, providing an opportunity for penance for past
20
offenses through service to others, and developing healthy
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coping mechanisms to feelings of loss and grief.
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(11) Because peer-to-peer programs positively benefit
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volunteers, decreases in recidivism rates can be expected
24
for those who complete the program.
25
(12) The nation is facing a looming care worker
26
shortage.
HB4434 Engrossed
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LRB104 18059 RLC 31498 b
1
(13) Peer-to-peer hospice program volunteers can
2
utilize their skills to achieve employment and a career
3
path following release while providing much needed care
4
support.
5
(c) Purposes.
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(1) This Section establishes a peer-to-peer,
7
non-medical, end-of-life care program in the Department to
8
provide care to individuals in custody who are diagnosed
9
with a terminal illness or medical incapacitation.
10
(2) This program shall expand and formalize the
11
Department's existing Assisted Living Attendant Program
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and shall ensure that people dying in the Department
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receive patient-directed, peer-provided, dignified
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end-of-life care.
15
(3) This program shall work in conjunction with prison
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medical and correctional staff and shall not replace or
17
impede upon any medical staff or services.
18
(d) Definitions. As used in this Section:
19
(1) "Terminal illness" means a condition that
20
satisfies all of the following criteria, as defined in
21
3-3-14:
22
(A) The condition is irreversible and incurable.
23
(B) In accordance with medical standards and a
24
reasonable degree of medical certainty, based on an
25
individual assessment, the condition is likely to
26
cause death within 18 months.
HB4434 Engrossed
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LRB104 18059 RLC 31498 b
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(2) "Medically incapacitated" means an individual in
2
custody has any diagnosable medical condition, including
3
dementia and severe, permanent medical or cognitive
4
disability, that prevents the individual in custody from
5
completing more than one activity of daily living without
6
assistance or that incapacitates the individual in custody
7
to the extent that institutional confinement does not
8
offer additional restrictions, and that the condition is
9
unlikely to improve noticeably in the future.
10
(3) "End-of-life care" means support services that
11
address the physical, social, spiritual, psychological and
12
emotional needs of those that are dying who are in the
13
custody of the Department of Corrections.
14
(4) "Peer support attendant" means a companion and
15
assistant to individuals in custody who are diagnosed with
16
a terminal illness or who have compromised functioning as
17
the result of a chronic medical illness.
18
(e) Program requirements.
19
(1) The program shall be called the End-of-life Care
20
Peer Support Program.
21
(2) The program shall be administered by the
22
Department in partnership with the following entities:
23
(A) Hospice organizations.
24
(B) Centers for independent living and other
25
disability organizations.
26
(C) Prison hospice organizations.
HB4434 Engrossed
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LRB104 18059 RLC 31498 b
1
(D) Community clergy.
2
(E) Licensed clinical social workers.
3
(F) Behavioral therapists.
4
(G) Translation services, including both spoken
5
and unspoken languages.
6
(3) The scope of the program's services shall cover
7
the following:
8
(A) Services shall be provided 24 hours per day, 7
9
days per week.
10
(B) Recognizing the uniqueness of each facility,
11
services shall be available in each facility that
12
houses aging or medically vulnerable populations,
13
including, but not limited to, the following
14
correctional centers: Big Muddy, Centralia, Danville,
15
Decatur, Dixon, Fox Valley, Graham, Hill, Illinois
16
River, Lawrence, Menard, Pinckneyville, Pontiac,
17
Taylorville, and Western Illinois. The Department
18
shall ensure transfer and transportation of all
19
individuals that require end-of-life care to a
20
facility that offers the program.
21
(C) Wherever possible, and subject to internal
22
security rules, incarcerated individuals receiving
23
end-of-life care shall be granted special privileges
24
including additional opportunities for visitation and
25
communication, with increased access to
26
non-incarcerated family and friends and incarcerated
HB4434 Engrossed
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LRB104 18059 RLC 31498 b
1
peers.
2
(D) All care shall be coordinated at monthly
3
meetings, with weekly meetings as necessary, with an
4
interdisciplinary team including the following:
5
(i) Facility Medical Director or
6
Hospice/Palliative Program Coordinator, or both.
7
(ii) Nursing staff.
8
(iii) Mental health professionals.
9
(iv) Clergy or chaplain.
10
(v) Peer support attendants.
11
(vi) Food service manager or managers.
12
(vii) Family.
13
(E) Placement or transfer of eligible patients
14
into medical wings or facilities which host the
15
program, or both.
16
(F) Peer supported attendant assisted tasks shall
17
include, but are not limited to, the following:
18
(i) Housekeeping tasks such as cleaning,
19
laundry, stocking hygiene supplies, dusting,
20
ensuring physical safe spaces.
21
(ii) Assistance with hygiene; body
22
positioning; using electric bed controls;
23
non-medical feeding support; mobility support;
24
grooming; changing clothes; assisting medical
25
staff with bed baths and showering; and other
26
tasks as needed and designated by the Medical
HB4434 Engrossed
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LRB104 18059 RLC 31498 b
1
Director.
2
(iii) Clerical assistance, including letter
3
writing; commissary lists; request slips; support
4
with medical requests and directives; financial
5
documents, final remarks, and filing grievances.
6
(iv) Facilitated communication with family,
7
counselors, and spiritual leaders.
8
(v) Support of cultural practices, rituals,
9
and beliefs as requested by patients.
10
(4) Individuals in custody shall be eligible to
11
participate as patients in the program if they meet any
12
one or a combination of the following:
13
(A) Diagnosis with a terminal illness.
14
(B) Medical incapacitation due to illness or
15
injury.
16
(C) Eligibility for compassionate release,
17
including while awaiting release which has been
18
approved by the Prison Review Board.
19
(5) Individuals in custody shall be eligible to
20
participate as peer support attendants in the program if
21
they complete the following:
22
(A) Submit an Offender Request Slip to the
23
Assistant Warden of Programs or the Assistant Warden's
24
designee.
25
(i) The Assistant Warden of Programs shall
26
evaluate the individuals' security status. If the
HB4434 Engrossed
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LRB104 18059 RLC 31498 b
1
individual does not pose a clear risk to safety
2
and security, the individual shall be eligible for
3
participation in the program.
4
(ii) The Assistant Warden of Programs or the
5
Assistant Warden's designee shall provide, in
6
writing, an explanation regarding any decision to
7
deny an individual access to the program,
8
including a specific reason as to why they were
9
denied.
10
(B) Participation in the program shall be
11
voluntary.
12
(C) Peer support attendants shall reflect the
13
diversity of the individuals in custody served,
14
whenever possible.
15
(6) Training shall be provided to all peer support
16
attendants as follows:
17
(A) All peer support attendants shall receive
18
hospice and adult care volunteer training upon
19
entrance into the program.
20
(B) Peer support attendants shall receive
21
continuing training and education on end-of-life care,
22
appropriate to the peer support attendants'
23
responsibilities.
24
(C) Trainings shall include information on the
25
following topics:
26
(i) Trauma-informed care.
HB4434 Engrossed
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LRB104 18059 RLC 31498 b
1
(ii) ADA accommodations and support.
2
(iii) Cultural competency and LGBTQIA+
3
affirming care.
4
(iv) Active listening.
5
(v) Grief and loss support.
6
(vi) Confidentiality and boundaries.
7
(vii) Elder care and comfort.
8
(viii) Caregiving in a correctional setting.
9
(D) Peer support attendants shall receive earned
10
program sentence credits for each day of training in
11
which they participate. Peer support attendants shall
12
also receive certifications as appropriate based on
13
their completed training.
14
(7) The program shall center patients' needs, as
15
defined below:
16
(A) Individual patients may accept or decline care
17
or participation in the program. Individual patients
18
shall define the scope of peer support, including the
19
option to opt out of certain aspects of support.
20
(B) Patient care plans shall be developed with the
21
individual patient, the patient's peer support
22
attendants, and the interdisciplinary team defined in
23
subparagraph (D) of paragraph (3) of subsection (e).
24
(i) Patient care plans shall incorporate
25
culturally and disability-competent expertise and
26
address patients' spiritual needs.
HB4434 Engrossed
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LRB104 18059 RLC 31498 b
1
(ii) Patient care plans shall be considerate
2
of both patient and family goals for care, while
3
prioritizing the patient's goals.
4
(C) Patients eligible for participation in the
5
program shall receive services as soon as practicable
6
under the circumstances.
7
(D) Patients' medical privacy shall be ensured
8
throughout the entirety of their participation in the
9
program.
10
(E) Individual patients may choose whether to
11
release medical or end-of-life care status, or both,
12
to their family members. If patients so choose, the
13
Department must assist patients in completing advanced
14
healthcare directives and assigning powers of
15
attorney.
16
(F) To the extent possible, participating patients
17
shall have the right to medically accessible,
18
temperature-regulated housing units which are
19
appropriate for their mobility and communication
20
needs.
21
(G) Participating patients shall be subject to the
22
least restrictive security measures possible, with
23
access to comfort items such as blankets, memorabilia,
24
music, and books.
25
(8) The program shall follow the reporting
26
requirements outlined in Section 3-2-15, the Eddie Thomas
HB4434 Engrossed
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LRB104 18059 RLC 31498 b
1
Act.
2
(f) Additional protections.
3
(1) Participating patients shall have the following
4
rights:
5
(A) Right to dignity, privacy, respect, and
6
culturally competent care.
7
(B) Right to request peer support services.
8
(C) Right to refuse services.
9
(D) Right to request family visitation.
10
(2) Peer support attendants shall be protected from
11
retaliatory actions in response to participating in the
12
program or reporting issues related to the program or
13
delivery of health care. Retaliatory actions include but
14
are not limited to verbal abuse, restrictive housing
15
assignments, denial of medical or mental health care,
16
physical assault, transfers to harsher facilities, or
17
revocation of privileges such as phone calls, visits,
18
commissary, day room opportunities, or yard time.
19
(3) All participants in the program, including
20
patients and peer support attendants, shall have access to
21
grief counseling and mental health care services as
22
needed.
23
(4) The Department must provide a grievance process
24
for incarcerated individuals and their families to report
25
abuse, bias, coercion, discrimination, or other adverse
26
actions that are not in accordance with this Section.
HB4434 Engrossed
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LRB104 18059 RLC 31498 b
1
(g) Funding. This program shall be funded through:
2
(1) the Individual Benefit Fund; and
3
(2) federal appropriations if applicable.
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