CD CORR-REPORT HOSPICE CARE

Illinois General Assembly - Full Text of HB4665

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Full Text of HB4665

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HB4665 - 104th General Assembly

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HB4665 Enrolled
LRB104 17713 RLC 31144 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
changing Section 3-2-15 as follows:

6

(730 ILCS 5/3-2-15)
7

Sec. 3-2-15.
Department of Corrections; report of hospice
8
and palliative care for committed persons.
9

(a) Purposes. The General Assembly finds that:
10

(1) The United States prison population is aging
11

rapidly.
12

(2) Illinois' prison population is similarly aging
13

rapidly, with over 1,000 prisoners aged 65 or older.
14

(3) As a result of the aging prison population more
15

committed persons are in need of end-of-life care and
16

support services.
17

(4) The Department of Corrections has a policy on
18

end-of-life care, which provides, in part, that the goals
19

are: "safe, dignified and comfortable dying,
20

self-determined life closure and effective grieving".
21

(5) The Department of Corrections does not have a
22

formal hospice program; rather, end-of-life care is
23

provided on a prison-by-prison basis which results in

HB4665 Enrolled
- 2 -
LRB104 17713 RLC 31144 b
1

inconsistent care for committed persons who have been
2

diagnosed with terminal illnesses or who are expected to
3

reach the end of their life.
4

(6) At some prisons, end-of-life care is at times
5

provided, in part, by other committed persons assigned as
6

aides.
7

(7) The Department of Corrections does not have
8

centralized or consistent data on the number of committed
9

persons receiving end-of-life care.
10

(8) The Department of Corrections does not have
11

centralized or consistent data on the number of prisoner
12

aides who are assigned to assist in providing end-of-life
13

care.
14

(9) The Department of Corrections does not currently
15

have a system for tracking patient outcomes or grievances
16

related to the quality of end-of-life care provided.
17

(10) Data on the end-of-life care provided in the
18

Department of Corrections is needed to give the General
19

Assembly and the public an understanding of the
20

Department's approach to end-of-life care for terminally
21

ill committed persons in its custody.
22

(11) Eddie Thomas was a committed person of the
23

Department of Corrections who died alone in the back of a
24

prison infirmary without any end-of-life care just 5
25

months after being diagnosed with late stage lung cancer.
26

(b) Definitions. In this Section:

HB4665 Enrolled
- 3 -
LRB104 17713 RLC 31144 b
1

"Advance directive for health care" means written
2
instructions of the patient's wishes as to how future care
3
should be delivered or declined, including decisions that must
4
be made when the patient is not capable of expressing those
5
wishes. Advance directives may also appoint an agent with
6
power of attorney for health care.
7

"Department" means the Department of Corrections.
8

"Hospice and palliative care" means physical, social,
9
emotional, and spiritual support care for committed persons
10
who have been diagnosed with a known terminal condition with a
11
life expectancy of 6 months or less. This includes, but is not
12
limited to, assistance with activities of daily living and
13
comfort care.
14

"Peer support" refers to assistance and companionship
15
provided by committed persons who have been trained to offer
16
emotional, social, and practical support to fellow committed
17
persons receiving hospice and palliative care.
18

"Terminal condition" means an incurable or irreversible
19
condition that, without the administration of life-sustaining
20
procedures, will, according to reasonable medical judgment,
21
result in death within a relatively short period of time; or a
22
state of permanent unconsciousness from which, to a reasonable
23
degree of medical certainty, there can be no recovery.
24

(c) Reporting requirement. No later than December 1 of
25
each year, the Department shall prepare a report to be
26
published on its website that contains, at a minimum, the

HB4665 Enrolled
- 4 -
LRB104 17713 RLC 31144 b
1
following information about hospice and palliative care in its
2
institutions and facilities during the prior fiscal year:
3

(1) demographic data of committed persons who received
4

hospice and palliative care, separated by the following
5

categories:
6

(A) race or ethnicity;
7

(B) gender;
8

(C) age;
9

(D) primary cause of terminal illness or
10

condition; and
11

(E) length of incarceration prior to receiving
12

end-of-life care;
13

(2) data on the number of committed persons in the
14

Department's hospice and palliative care programs,
15

including the following:
16

(A) the total number of committed persons enrolled
17

in the Department's hospice and palliative care
18

programs;
19

(B) the total number of admissions into and
20

discharges from the Department's hospice and
21

palliative care programs, including the number of
22

committed persons who died while in the program and
23

the number of committed persons who were removed from
24

the program for other reasons; and
25

(C) the number of committed persons denied entry
26

into the Department's hospice and palliative care

HB4665 Enrolled
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LRB104 17713 RLC 31144 b
1

programs, including any reasons that they were denied;
2

(3) data on the timing of hospice and palliative care
3

programming, including the following:
4

(A) the average length of time that committed
5

persons receive hospice and palliative care; and
6

(B) the average length of time between the
7

diagnosis of a terminal condition and admission into a
8

hospice and palliative care program;
9

(4) the number of committed persons in the custody of
10

the Department who died, separated by the following
11

categories:
12

(A) committed persons who died while receiving
13

hospice and palliative care; and
14

(B) committed persons who died without receiving
15

hospice and palliative care, and the number of such
16

committed persons who died as a result of natural,
17

accidental, suicidal, or homicidal causes;
18

(5) policies and administrative directives of each
19

Department institution and facility regarding the
20

institution of hospice and palliative care. This data
21

shall include the following information:
22

(A) the name of each institution and facility that
23

offers hospice and palliative care services;
24

(B) criteria to be eligible for hospice and
25

palliative care services, both Department-wide and at
26

each institution and facility;

HB4665 Enrolled
- 6 -
LRB104 17713 RLC 31144 b
1

(C) a list of the types of hospice and palliative
2

care services that are offered in each institution and
3

facility. This list shall include, but is not limited
4

to, pain management, psychological counseling, peer
5

support, and chaplain services. If available, this
6

list shall also include supportive services offered to
7

family members of committed persons;
8

(D) the accreditation status of the Department's
9

hospice and palliative care programs, if available;
10

(E) the procedures for committed persons in the
11

Department's custody to request an advance directive
12

for health care in each institution and facility;
13

(F) the procedures for health care or legal staff
14

to assist committed persons in completing advance
15

directive instruments; and
16

(G) the procedures for health care providers to
17

implement advance directives for health care in each
18

institution and facility;
19

(6) the staff available for hospice and palliative
20

care. This data shall include the following:
21

(A) the number of specialized staff at each
22

institution and facility, including palliative care
23

physicians, nurses, and social workers;
24

(B) the number of volunteers dedicated to hospice
25

and palliative care, separated by the following
26

categories:

HB4665 Enrolled
- 7 -
LRB104 17713 RLC 31144 b
1

(i) volunteers who are committed persons of
2

the Department;
3

(ii) volunteers who are not committed persons
4

of the Department; and
5

(iii) the ratio between the number of staff
6

and the number of patients in the Department's
7

hospice and palliative care programs;
and

8

(7) the cost of the Department's hospice and
9

palliative care programs, including the following:
10

(A) the annual costs associated with hospice and
11

palliative care across the Department;
12

(B) the sources of funding for hospice and
13

palliative care services; and
14

(C) the annual costs associated with hospice and
15

palliative care at each Department institution and
16

facility
; and

.

17

(8) the cost of the Department's end-of-life care for
18

committed persons who died of natural causes and were not
19

in hospice or palliative care programs.

20

All such data shall be anonymized to protect the privacy
21
of the committed persons involved in the hospice and
22
palliative care programs.
23
(Source: P.A. 104-220, eff. 1-1-26.)

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