Bill Text: IL HB5303 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the Department of Human Services Act and the Department of Healthcare and Family Services Law of the Civil Administrative Code of Illinois. Provides that on January 1, 2011, transfers all functions performed by the Division of Alcoholism and Substance Abuse and the Division of Mental Health within the Department of Human Services, as well as any other functions of the Department of Human Services relating to alcoholism and substance abuse or mental health, including such functions performed by the Inspector General within the Department of Human Services, are transferred to the Department of Healthcare and Family Services. Amends various other Acts to make conforming changes. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-03-15 - Rule 19(a) / Re-referred to Rules Committee [HB5303 Detail]
Download: Illinois-2009-HB5303-Introduced.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Human Services Act is amended | ||||||||||||||||||||||||
5 | by changing Section 1-17 and adding Section 1-40 as follows:
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6 | (20 ILCS 1305/1-17)
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7 | (Text of Section before amendment by P.A. 96-339 ) | ||||||||||||||||||||||||
8 | Sec. 1-17. Inspector General. | ||||||||||||||||||||||||
9 | (a) Nature and purpose. It is the express intent of the | ||||||||||||||||||||||||
10 | General Assembly to ensure the health, safety, and financial | ||||||||||||||||||||||||
11 | condition of individuals receiving services in this State due | ||||||||||||||||||||||||
12 | to mental illness, developmental disability, or both by | ||||||||||||||||||||||||
13 | protecting those persons from acts of abuse, neglect, or both | ||||||||||||||||||||||||
14 | by service providers. To that end, the Office of the Inspector | ||||||||||||||||||||||||
15 | General for the Department of Human Services is created to | ||||||||||||||||||||||||
16 | investigate and report upon allegations of the abuse, neglect, | ||||||||||||||||||||||||
17 | or financial exploitation of individuals receiving services | ||||||||||||||||||||||||
18 | within mental health facilities, developmental disabilities | ||||||||||||||||||||||||
19 | facilities, and community agencies operated, licensed, funded | ||||||||||||||||||||||||
20 | or certified by the Department of Human Services, but not | ||||||||||||||||||||||||
21 | licensed or certified by any other State agency. It is also the | ||||||||||||||||||||||||
22 | express intent of the General Assembly to authorize the | ||||||||||||||||||||||||
23 | Inspector General to investigate alleged or suspected cases of |
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1 | abuse, neglect, or financial exploitation of adults with | ||||||
2 | disabilities living in domestic settings in the community under | ||||||
3 | the Abuse of Adults with Disabilities Intervention Act. | ||||||
4 | (b) Definitions. The following definitions apply to this | ||||||
5 | Section: | ||||||
6 | "Agency" or "community agency" means (i) a community agency | ||||||
7 | licensed, funded, or certified by the Department, but not | ||||||
8 | licensed or certified by any other human services agency of the | ||||||
9 | State, to provide mental health service or developmental | ||||||
10 | disabilities service, or (ii) a program licensed, funded, or | ||||||
11 | certified by the Department, but not licensed or certified by | ||||||
12 | any other human services agency of the State, to provide mental | ||||||
13 | health service or developmental disabilities service. | ||||||
14 | "Aggravating circumstance" means a factor that is | ||||||
15 | attendant to a finding and that tends to compound or increase | ||||||
16 | the culpability of the accused. | ||||||
17 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
18 | incident involving any of the following conduct by an employee, | ||||||
19 | facility, or agency against an individual or individuals: | ||||||
20 | mental abuse, physical abuse, sexual abuse, neglect, or | ||||||
21 | financial exploitation. | ||||||
22 | "Day" means working day, unless otherwise specified. | ||||||
23 | "Deflection" means a situation in which an individual is | ||||||
24 | presented for admission to a facility or agency, and the | ||||||
25 | facility staff or agency staff do not admit the individual. | ||||||
26 | "Deflection" includes triage, redirection, and denial of |
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1 | admission. | ||||||
2 | "Department" means the Department of Human Services. | ||||||
3 | "Developmentally disabled" means having a developmental | ||||||
4 | disability. | ||||||
5 | "Developmental disability" means "developmental | ||||||
6 | disability" as defined in the Mental Health and Developmental | ||||||
7 | Disabilities Code. | ||||||
8 | "Egregious neglect" means a finding of neglect as | ||||||
9 | determined by the Inspector General that (i) represents a gross | ||||||
10 | failure to adequately provide for, or a callused indifference | ||||||
11 | to, the health, safety, or medical needs of an individual and | ||||||
12 | (ii) results in an individual's death or other serious | ||||||
13 | deterioration of an individual's physical condition or mental | ||||||
14 | condition. | ||||||
15 | "Employee" means any person who provides services at the | ||||||
16 | facility or agency on-site or off-site. The service | ||||||
17 | relationship can be with the individual or with the facility or | ||||||
18 | agency. Also, "employee" includes any employee or contractual | ||||||
19 | agent of the Department of Human Services or the community | ||||||
20 | agency involved in providing or monitoring or administering | ||||||
21 | mental health or developmental disability services. This | ||||||
22 | includes but is not limited to: owners, operators, payroll | ||||||
23 | personnel, contractors, subcontractors, and volunteers. | ||||||
24 | "Facility" or "State-operated facility" means a mental | ||||||
25 | health facility or developmental disabilities facility | ||||||
26 | operated by the Department. |
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1 | "Financial exploitation" means taking unjust advantage of | ||||||
2 | an individual's assets, property, or financial resources | ||||||
3 | through deception, intimidation, or conversion for the | ||||||
4 | employee's, facility's, or agency's own advantage or benefit. | ||||||
5 | "Finding" means the Office of Inspector General's | ||||||
6 | determination regarding whether an allegation is | ||||||
7 | substantiated, unsubstantiated, or unfounded. | ||||||
8 | "Health care worker registry" or "registry" means the | ||||||
9 | health care worker registry created by the Nursing Home Care | ||||||
10 | Act. | ||||||
11 | "Individual" means any person receiving mental health | ||||||
12 | service, developmental disabilities service, or both from a | ||||||
13 | facility or agency, while either on-site or off-site. | ||||||
14 | "Mental abuse" means the use of demeaning, intimidating, or | ||||||
15 | threatening words, signs, gestures, or other actions by an | ||||||
16 | employee about an individual and in the presence of an | ||||||
17 | individual or individuals that results in emotional distress or | ||||||
18 | maladaptive behavior, or could have resulted in emotional | ||||||
19 | distress or maladaptive behavior, for any individual present. | ||||||
20 | "Mental illness" means "mental illness" as defined in the | ||||||
21 | Mental Health and Developmental Disabilities Code. | ||||||
22 | "Mentally ill" means having a mental illness. | ||||||
23 | "Mitigating circumstance" means a condition that (i) is | ||||||
24 | attendant to a finding, (ii) does not excuse or justify the | ||||||
25 | conduct in question, but (iii) may be considered in evaluating | ||||||
26 | the severity of the conduct, the culpability of the accused, or |
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1 | both the severity of the conduct and the culpability of the | ||||||
2 | accused. | ||||||
3 | "Neglect" means an employee's, agency's, or facility's | ||||||
4 | failure to provide adequate medical care, personal care, or | ||||||
5 | maintenance and that, as a consequence, (i) causes an | ||||||
6 | individual pain, injury, or emotional distress, (ii) results in | ||||||
7 | either an individual's maladaptive behavior or the | ||||||
8 | deterioration of an individual's physical condition or mental | ||||||
9 | condition, or (iii) places the individual's health or safety at | ||||||
10 | substantial risk. | ||||||
11 | "Physical abuse" means an employee's non-accidental and | ||||||
12 | inappropriate contact with an individual that causes bodily | ||||||
13 | harm. "Physical abuse" includes actions that cause bodily harm | ||||||
14 | as a result of an employee directing an individual or person to | ||||||
15 | physically abuse another individual. | ||||||
16 | "Recommendation" means an admonition, separate from a | ||||||
17 | finding, that requires action by the facility, agency, or | ||||||
18 | Department to correct a systemic issue, problem, or deficiency | ||||||
19 | identified during an investigation. | ||||||
20 | "Required reporter" means any employee who suspects, | ||||||
21 | witnesses, or is informed of an allegation of any one or more | ||||||
22 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
23 | neglect, or financial exploitation. | ||||||
24 | "Secretary" means the Chief Administrative Officer of the | ||||||
25 | Department. | ||||||
26 | "Sexual abuse" means any sexual contact or intimate |
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1 | physical contact between an employee and an individual, | ||||||
2 | including an employee's coercion or encouragement of an | ||||||
3 | individual to engage in sexual behavior that results in sexual | ||||||
4 | contact, intimate physical contact, sexual behavior, or | ||||||
5 | intimate physical behavior. | ||||||
6 | "Substantiated" means there is a preponderance of the | ||||||
7 | evidence to support the allegation. | ||||||
8 | "Unfounded" means there is no credible evidence to support | ||||||
9 | the allegation. | ||||||
10 | "Unsubstantiated" means there is credible evidence, but | ||||||
11 | less than a preponderance of evidence to support the | ||||||
12 | allegation. | ||||||
13 | (c) Appointment. The Governor shall appoint, and the Senate | ||||||
14 | shall confirm, an Inspector General. The Inspector General | ||||||
15 | shall be appointed for a term of 4 years and shall function | ||||||
16 | within the Department of Human Services and report to the | ||||||
17 | Secretary and the Governor. | ||||||
18 | (d) Operation and appropriation. The Inspector General | ||||||
19 | shall function independently within the Department with | ||||||
20 | respect to the operations of the Office, including the | ||||||
21 | performance of investigations and issuance of findings and | ||||||
22 | recommendations. The appropriation for the Office of Inspector | ||||||
23 | General shall be separate from the overall appropriation for | ||||||
24 | the Department. | ||||||
25 | (e) Powers and duties. The Inspector General shall | ||||||
26 | investigate reports of suspected mental abuse, physical abuse, |
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1 | sexual abuse, neglect, or financial exploitation of | ||||||
2 | individuals in any mental health or developmental disabilities | ||||||
3 | facility or agency and shall have authority to take immediate | ||||||
4 | action to prevent any one or more of the following from | ||||||
5 | happening to individuals under its jurisdiction: mental abuse, | ||||||
6 | physical abuse, sexual abuse, neglect, or financial | ||||||
7 | exploitation. Upon written request of an agency of this State, | ||||||
8 | the Inspector General may assist another agency of the State in | ||||||
9 | investigating reports of the abuse, neglect, or abuse and | ||||||
10 | neglect of persons with mental illness, persons with | ||||||
11 | developmental disabilities, or persons with both. To comply | ||||||
12 | with the requirements of subsection (k) of this Section, the | ||||||
13 | Inspector General shall also review all reportable deaths for | ||||||
14 | which there is no allegation of abuse or neglect. Nothing in | ||||||
15 | this Section shall preempt any duties of the Medical Review | ||||||
16 | Board set forth in the Mental Health and Developmental | ||||||
17 | Disabilities Code. The Inspector General shall have no | ||||||
18 | authority to investigate alleged violations of the State | ||||||
19 | Officials and Employees Ethics Act. Allegations of misconduct | ||||||
20 | under the State Officials and Employees Ethics Act shall be | ||||||
21 | referred to the Office of the Governor's Executive Inspector | ||||||
22 | General for investigation. | ||||||
23 | (f) Limitations. The Inspector General shall not conduct an | ||||||
24 | investigation within an agency or facility if that | ||||||
25 | investigation would be redundant to or interfere with an | ||||||
26 | investigation conducted by another State agency. The Inspector |
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1 | General shall have no supervision over, or involvement in, the | ||||||
2 | routine programmatic, licensing, funding, or certification | ||||||
3 | operations of the Department. Nothing in this subsection limits | ||||||
4 | investigations by the Department that may otherwise be required | ||||||
5 | by law or that may be necessary in the Department's capacity as | ||||||
6 | central administrative authority responsible for the operation | ||||||
7 | of the State's mental health and developmental disabilities | ||||||
8 | facilities. | ||||||
9 | (g) Rulemaking authority. The Inspector General shall | ||||||
10 | promulgate rules establishing minimum requirements for | ||||||
11 | reporting allegations as well as for initiating, conducting, | ||||||
12 | and completing investigations based upon the nature of the | ||||||
13 | allegation or allegations. The rules shall clearly establish | ||||||
14 | that if 2 or more State agencies could investigate an | ||||||
15 | allegation, the Inspector General shall not conduct an | ||||||
16 | investigation that would be redundant to, or interfere with, an | ||||||
17 | investigation conducted by another State agency. The rules | ||||||
18 | shall further clarify the method and circumstances under which | ||||||
19 | the Office of Inspector General may interact with the | ||||||
20 | licensing, funding, or certification units of the Department in | ||||||
21 | preventing further occurrences of mental abuse, physical | ||||||
22 | abuse, sexual abuse, neglect, egregious neglect, and financial | ||||||
23 | exploitation. | ||||||
24 | (h) Training programs. The Inspector General shall (i) | ||||||
25 | establish a comprehensive program to ensure that every person | ||||||
26 | authorized to conduct investigations receives ongoing training |
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1 | relative to investigation techniques, communication skills, | ||||||
2 | and the appropriate means of interacting with persons receiving | ||||||
3 | treatment for mental illness, developmental disability, or | ||||||
4 | both mental illness and developmental disability, and (ii) | ||||||
5 | establish and conduct periodic training programs for facility | ||||||
6 | and agency employees concerning the prevention and reporting of | ||||||
7 | any one or more of the following: mental abuse, physical abuse, | ||||||
8 | sexual abuse, neglect, egregious neglect, or financial | ||||||
9 | exploitation. Nothing in this Section shall be deemed to | ||||||
10 | prevent the Office of Inspector General from conducting any | ||||||
11 | other training as determined by the Inspector General to be | ||||||
12 | necessary or helpful. | ||||||
13 | (i) Duty to cooperate. | ||||||
14 | (1) The Inspector General shall at all times be granted | ||||||
15 | access to any facility or agency for the purpose of | ||||||
16 | investigating any allegation, conducting unannounced site | ||||||
17 | visits, monitoring compliance with a written response, or | ||||||
18 | completing any other statutorily assigned duty. The | ||||||
19 | Inspector General shall conduct unannounced site visits to | ||||||
20 | each facility at least annually for the purpose of | ||||||
21 | reviewing and making recommendations on systemic issues | ||||||
22 | relative to preventing, reporting, investigating, and | ||||||
23 | responding to all of the following: mental abuse, physical | ||||||
24 | abuse, sexual abuse, neglect, egregious neglect, or | ||||||
25 | financial exploitation. | ||||||
26 | (2) Any employee who fails to cooperate with an Office |
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1 | of the Inspector General investigation is in violation of | ||||||
2 | this Act. Failure to cooperate with an investigation | ||||||
3 | includes, but is not limited to, any one or more of the | ||||||
4 | following: (i) creating and transmitting a false report to | ||||||
5 | the Office of the Inspector General hotline, (ii) providing | ||||||
6 | false information to an Office of the Inspector General | ||||||
7 | Investigator during an investigation, (iii) colluding with | ||||||
8 | other employees to cover up evidence, (iv) colluding with | ||||||
9 | other employees to provide false information to an Office | ||||||
10 | of the Inspector General investigator, (v) destroying | ||||||
11 | evidence, (vi) withholding evidence, or (vii) otherwise | ||||||
12 | obstructing an Office of the Inspector General | ||||||
13 | investigation. Additionally, any employee who, during an | ||||||
14 | unannounced site visit or written response compliance | ||||||
15 | check, fails to cooperate with requests from the Office of | ||||||
16 | the Inspector General is in violation of this Act. | ||||||
17 | (j) Subpoena powers. The Inspector General shall have the | ||||||
18 | power to subpoena witnesses and compel the production of all | ||||||
19 | documents and physical evidence relating to his or her | ||||||
20 | investigations and any hearings authorized by this Act. This | ||||||
21 | subpoena power shall not extend to persons or documents of a | ||||||
22 | labor organization or its representatives insofar as the | ||||||
23 | persons are acting in a representative capacity to an employee | ||||||
24 | whose conduct is the subject of an investigation or the | ||||||
25 | documents relate to that representation. Any person who | ||||||
26 | otherwise fails to respond to a subpoena or who knowingly |
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1 | provides false information to the Office of the Inspector | ||||||
2 | General by subpoena during an investigation is guilty of a | ||||||
3 | Class A misdemeanor. | ||||||
4 | (k) Reporting allegations and deaths. | ||||||
5 | (1) Allegations. If an employee witnesses, is told of, | ||||||
6 | or has reason to believe an incident of mental abuse, | ||||||
7 | physical abuse, sexual abuse, neglect, or financial | ||||||
8 | exploitation has occurred, the employee, agency, or | ||||||
9 | facility shall report the allegation by phone to the Office | ||||||
10 | of the Inspector General hotline according to the agency's | ||||||
11 | or facility's procedures, but in no event later than 4 | ||||||
12 | hours after the initial discovery of the incident, | ||||||
13 | allegation, or suspicion of any one or more of the | ||||||
14 | following: mental abuse, physical abuse, sexual abuse, | ||||||
15 | neglect, or financial exploitation. A required reporter as | ||||||
16 | defined in subsection (b) of this Section who knowingly or | ||||||
17 | intentionally fails to comply with these reporting | ||||||
18 | requirements is guilty of a Class A misdemeanor. | ||||||
19 | (2) Deaths. Absent an allegation, a required reporter | ||||||
20 | shall, within 24 hours after initial discovery, report by | ||||||
21 | phone to the Office of the Inspector General hotline each | ||||||
22 | of the following: | ||||||
23 | (i) Any death of an individual occurring within 14 | ||||||
24 | calendar days after discharge or transfer of the | ||||||
25 | individual from a residential program or facility. | ||||||
26 | (ii) Any death of an individual occurring within 24 |
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1 | hours after deflection from a residential program or | ||||||
2 | facility. | ||||||
3 | (iii) Any other death of an individual occurring at | ||||||
4 | an agency or facility or at any Department-funded site. | ||||||
5 | (3) Retaliation. It is a violation of this Act for any | ||||||
6 | employee or administrator of an agency or facility to take | ||||||
7 | retaliatory action against an employee who acts in good | ||||||
8 | faith in conformance with his or her duties as a required | ||||||
9 | reporter. | ||||||
10 | (l) Reporting criminal acts. Within 24 hours after | ||||||
11 | determining that there is credible evidence indicating that a | ||||||
12 | criminal act may have been committed or that special expertise | ||||||
13 | may be required in an investigation, the Inspector General | ||||||
14 | shall notify the Department of State Police or other | ||||||
15 | appropriate law enforcement authority, or ensure that such | ||||||
16 | notification is made. The Department of State Police shall | ||||||
17 | investigate any report from a State-operated facility | ||||||
18 | indicating a possible murder, sexual assault, or other felony | ||||||
19 | by an employee. All investigations conducted by the Inspector | ||||||
20 | General shall be conducted in a manner designed to ensure the | ||||||
21 | preservation of evidence for possible use in a criminal | ||||||
22 | prosecution. | ||||||
23 | (m) Investigative reports. Upon completion of an | ||||||
24 | investigation, the Office of Inspector General shall issue an | ||||||
25 | investigative report identifying whether the allegations are | ||||||
26 | substantiated, unsubstantiated, or unfounded. Within 10 |
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1 | business days after the transmittal of a completed | ||||||
2 | investigative report substantiating an allegation, or if a | ||||||
3 | recommendation is made, the Inspector General shall provide the | ||||||
4 | investigative report on the case to the Secretary and to the | ||||||
5 | director of the facility or agency where any one or more of the | ||||||
6 | following occurred: mental abuse, physical abuse, sexual | ||||||
7 | abuse, neglect, egregious neglect, or financial exploitation. | ||||||
8 | In a substantiated case, the investigative report shall include | ||||||
9 | any mitigating or aggravating circumstances that were | ||||||
10 | identified during the investigation. If the case involves | ||||||
11 | substantiated neglect, the investigative report shall also | ||||||
12 | state whether egregious neglect was found. An investigative | ||||||
13 | report may also set forth recommendations. All investigative | ||||||
14 | reports prepared by the Office of the Inspector General shall | ||||||
15 | be considered confidential and shall not be released except as | ||||||
16 | provided by the law of this State or as required under | ||||||
17 | applicable federal law. Unsubstantiated and unfounded reports | ||||||
18 | shall not be disclosed except as allowed under Section 6 of the | ||||||
19 | Abused and Neglected Long Term Care Facility Residents | ||||||
20 | Reporting Act. Raw data used to compile the investigative | ||||||
21 | report shall not be subject to release unless required by law | ||||||
22 | or a court order. "Raw data used to compile the investigative | ||||||
23 | report" includes, but is not limited to, any one or more of the | ||||||
24 | following: the initial complaint, witness statements, | ||||||
25 | photographs, investigator's notes, police reports, or incident | ||||||
26 | reports. If the allegations are substantiated, the accused |
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1 | shall be provided with a redacted copy of the investigative | ||||||
2 | report. Death reports where there was no allegation of abuse or | ||||||
3 | neglect shall only be released pursuant to applicable State or | ||||||
4 | federal law or a valid court order. | ||||||
5 | (n) Written responses and reconsideration requests. | ||||||
6 | (1) Written responses. Within 30 calendar days from | ||||||
7 | receipt of a substantiated investigative report or an | ||||||
8 | investigative report which contains recommendations, | ||||||
9 | absent a reconsideration request, the facility or agency | ||||||
10 | shall file a written response that addresses, in a concise | ||||||
11 | and reasoned manner, the actions taken to: (i) protect the | ||||||
12 | individual; (ii) prevent recurrences; and (iii) eliminate | ||||||
13 | the problems identified. The response shall include the | ||||||
14 | implementation and completion dates of such actions. If the | ||||||
15 | written response is not filed within the allotted 30 | ||||||
16 | calendar day period, the Secretary shall determine the | ||||||
17 | appropriate corrective action to be taken. | ||||||
18 | (2) Reconsideration requests. The facility, agency, | ||||||
19 | victim or guardian, or the subject employee may request | ||||||
20 | that the Office of Inspector General reconsider or clarify | ||||||
21 | its finding based upon additional information. | ||||||
22 | (o) Disclosure of the finding by the Inspector General. The | ||||||
23 | Inspector General shall disclose the finding of an | ||||||
24 | investigation to the following persons: (i) the Governor, (ii) | ||||||
25 | the Secretary, (iii) the director of the facility or agency, | ||||||
26 | (iv) the alleged victims and their guardians, (v) the |
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1 | complainant, and (vi) the accused. This information shall | ||||||
2 | include whether the allegations were deemed substantiated, | ||||||
3 | unsubstantiated, or unfounded. | ||||||
4 | (p) Secretary review. Upon review of the Inspector | ||||||
5 | General's investigative report and any agency's or facility's | ||||||
6 | written response, the Secretary shall accept or reject the | ||||||
7 | written response and notify the Inspector General of that | ||||||
8 | determination. The Secretary may further direct that other | ||||||
9 | administrative action be taken, including, but not limited to, | ||||||
10 | any one or more of the following: (i) additional site visits, | ||||||
11 | (ii) training, (iii) provision of technical assistance | ||||||
12 | relative to administrative needs, licensure or certification, | ||||||
13 | or (iv) the imposition of appropriate sanctions. | ||||||
14 | (q) Action by facility or agency. Within 30 days of the | ||||||
15 | date the Secretary approves the written response or directs | ||||||
16 | that further administrative action be taken, the facility or | ||||||
17 | agency shall provide an implementation report to the Inspector | ||||||
18 | General that provides the status of the action taken. The | ||||||
19 | facility or agency shall be allowed an additional 30 days to | ||||||
20 | send notice of completion of the action or to send an updated | ||||||
21 | implementation report. If the action has not been completed | ||||||
22 | within the additional 30 day period, the facility or agency | ||||||
23 | shall send updated implementation reports every 60 days until | ||||||
24 | completion. The Inspector General shall conduct a review of any | ||||||
25 | implementation plan that takes more than 120 days after | ||||||
26 | approval to complete, and shall monitor compliance through a |
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1 | random review of approved written responses, which may include, | ||||||
2 | but are not limited to: (i) site visits, (ii) telephone | ||||||
3 | contact, and (iii) requests for additional documentation | ||||||
4 | evidencing compliance. | ||||||
5 | (r) Sanctions. Sanctions, if imposed by the Secretary under | ||||||
6 | Subdivision (p)(iv) of this Section, shall be designed to | ||||||
7 | prevent further acts of mental abuse, physical abuse, sexual | ||||||
8 | abuse, neglect, egregious neglect, or financial exploitation | ||||||
9 | or some combination of one or more of those acts at a facility | ||||||
10 | or agency, and may include any one or more of the following: | ||||||
11 | (1) Appointment of on-site monitors. | ||||||
12 | (2) Transfer or relocation of an individual or | ||||||
13 | individuals. | ||||||
14 | (3) Closure of units. | ||||||
15 | (4) Termination of any one or more of the following: | ||||||
16 | (i) Department licensing, (ii) funding, or (iii) | ||||||
17 | certification. | ||||||
18 | The Inspector General may seek the assistance of the | ||||||
19 | Illinois Attorney General or the office of any State's Attorney | ||||||
20 | in implementing sanctions. | ||||||
21 | (s) Health care worker registry. | ||||||
22 | (1) Reporting to the registry. The Inspector General | ||||||
23 | shall report to the Department of Public Health's health | ||||||
24 | care worker registry, a public registry, the identity and | ||||||
25 | finding of each employee of a facility or agency against | ||||||
26 | whom there is a final investigative report containing a |
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1 | substantiated allegation of physical or sexual abuse or | ||||||
2 | egregious neglect of an individual. | ||||||
3 | (2) Notice to employee. Prior to reporting the name of | ||||||
4 | an employee, the employee shall be notified of the | ||||||
5 | Department's obligation to report and shall be granted an | ||||||
6 | opportunity to request an administrative hearing, the sole | ||||||
7 | purpose of which is to determine if the substantiated | ||||||
8 | finding warrants reporting to the registry. Notice to the | ||||||
9 | employee shall contain a clear and concise statement of the | ||||||
10 | grounds on which the report to the registry is based, offer | ||||||
11 | the employee an opportunity for a hearing, and identify the | ||||||
12 | process for requesting such a hearing. Notice is sufficient | ||||||
13 | if provided by certified mail to the employee's last known | ||||||
14 | address. If the employee fails to request a hearing within | ||||||
15 | 30 days from the date of the notice, the Inspector General | ||||||
16 | shall report the name of the employee to the registry. | ||||||
17 | Nothing in this subdivision (s)(2) shall diminish or impair | ||||||
18 | the rights of a person who is a member of a collective | ||||||
19 | bargaining unit under the Illinois Public Labor Relations | ||||||
20 | Act or under any other federal labor statute. | ||||||
21 | (3) Registry hearings. If the employee requests an | ||||||
22 | administrative hearing, the employee shall be granted an | ||||||
23 | opportunity to appear before an administrative law judge to | ||||||
24 | present reasons why the employee's name should not be | ||||||
25 | reported to the registry. The Department shall bear the | ||||||
26 | burden of presenting evidence that establishes, by a |
| |||||||
| |||||||
1 | preponderance of the evidence, that the substantiated | ||||||
2 | finding warrants reporting to the registry. After | ||||||
3 | considering all the evidence presented, the administrative | ||||||
4 | law judge shall make a recommendation to the Secretary as | ||||||
5 | to whether the substantiated finding warrants reporting | ||||||
6 | the name of the employee to the registry. The Secretary | ||||||
7 | shall render the final decision. The Department and the | ||||||
8 | employee shall have the right to request that the | ||||||
9 | administrative law judge consider a stipulated disposition | ||||||
10 | of these proceedings. | ||||||
11 | (4) Testimony at registry hearings. A person who makes | ||||||
12 | a report or who investigates a report under this Act shall | ||||||
13 | testify fully in any judicial proceeding resulting from | ||||||
14 | such a report, as to any evidence of abuse or neglect, or | ||||||
15 | the cause thereof. No evidence shall be excluded by reason | ||||||
16 | of any common law or statutory privilege relating to | ||||||
17 | communications between the alleged perpetrator of abuse or | ||||||
18 | neglect, or the individual alleged as the victim in the | ||||||
19 | report, and the person making or investigating the report. | ||||||
20 | Testimony at hearings is exempt from the confidentiality | ||||||
21 | requirements of subsection (f) of Section 10 of the Mental | ||||||
22 | Health and Developmental Disabilities Confidentiality Act. | ||||||
23 | (5) Employee's rights to collateral action. No | ||||||
24 | reporting to the registry shall occur and no hearing shall | ||||||
25 | be set or proceed if an employee notifies the Inspector | ||||||
26 | General in writing, including any supporting |
| |||||||
| |||||||
1 | documentation, that he or she is formally contesting an | ||||||
2 | adverse employment action resulting from a substantiated | ||||||
3 | finding by complaint filed with the Illinois Civil Service | ||||||
4 | Commission, or which otherwise seeks to enforce the | ||||||
5 | employee's rights pursuant to any applicable collective | ||||||
6 | bargaining agreement. If an action taken by an employer | ||||||
7 | against an employee as a result of a finding of physical | ||||||
8 | abuse, sexual abuse, or egregious neglect is overturned | ||||||
9 | through an action filed with the Illinois Civil Service | ||||||
10 | Commission or under any applicable collective bargaining | ||||||
11 | agreement and if that employee's name has already been sent | ||||||
12 | to the registry, the employee's name shall be removed from | ||||||
13 | the registry. | ||||||
14 | (6) Removal from registry. At any time after the report | ||||||
15 | to the registry, but no more than once in any 12-month | ||||||
16 | period, an employee may petition the Department in writing | ||||||
17 | to remove his or her name from the registry. Upon receiving | ||||||
18 | notice of such request, the Inspector General shall conduct | ||||||
19 | an investigation into the petition. Upon receipt of such | ||||||
20 | request, an administrative hearing will be set by the | ||||||
21 | Department. At the hearing, the employee shall bear the | ||||||
22 | burden of presenting evidence that establishes, by a | ||||||
23 | preponderance of the evidence, that removal of the name | ||||||
24 | from the registry is in the public interest. The parties | ||||||
25 | may jointly request that the administrative law judge | ||||||
26 | consider a stipulated disposition of these proceedings. |
| |||||||
| |||||||
1 | (t) Review of Administrative Decisions. The Department | ||||||
2 | shall preserve a record of all proceedings at any formal | ||||||
3 | hearing conducted by the Department involving health care | ||||||
4 | worker registry hearings. Final administrative decisions of | ||||||
5 | the Department are subject to judicial review pursuant to | ||||||
6 | provisions of the Administrative Review Law. | ||||||
7 | (u) Quality Care Board. There is created, within the Office | ||||||
8 | of the Inspector General, a Quality Care Board to be composed | ||||||
9 | of 7 members appointed by the Governor with the advice and | ||||||
10 | consent of the Senate. One of the members shall be designated | ||||||
11 | as chairman by the Governor. Of the initial appointments made | ||||||
12 | by the Governor, 4 Board members shall each be appointed for a | ||||||
13 | term of 4 years and 3 members shall each be appointed for a | ||||||
14 | term of 2 years. Upon the expiration of each member's term, a | ||||||
15 | successor shall be appointed for a term of 4 years. In the case | ||||||
16 | of a vacancy in the office of any member, the Governor shall | ||||||
17 | appoint a successor for the remainder of the unexpired term. | ||||||
18 | Members appointed by the Governor shall be qualified by | ||||||
19 | professional knowledge or experience in the area of law, | ||||||
20 | investigatory techniques, or in the area of care of the | ||||||
21 | mentally ill or developmentally disabled. Two members | ||||||
22 | appointed by the Governor shall be persons with a disability or | ||||||
23 | a parent of a person with a disability. Members shall serve | ||||||
24 | without compensation, but shall be reimbursed for expenses | ||||||
25 | incurred in connection with the performance of their duties as | ||||||
26 | members. |
| |||||||
| |||||||
1 | The Board shall meet quarterly, and may hold other meetings | ||||||
2 | on the call of the chairman. Four members shall constitute a | ||||||
3 | quorum allowing the Board to conduct its business. The Board | ||||||
4 | may adopt rules and regulations it deems necessary to govern | ||||||
5 | its own procedures. | ||||||
6 | The Board shall monitor and oversee the operations, | ||||||
7 | policies, and procedures of the Inspector General to ensure the | ||||||
8 | prompt and thorough investigation of allegations of neglect and | ||||||
9 | abuse. In fulfilling these responsibilities, the Board may do | ||||||
10 | the following: | ||||||
11 | (1) Provide independent, expert consultation to the | ||||||
12 | Inspector General on policies and protocols for | ||||||
13 | investigations of alleged abuse, neglect, or both abuse and | ||||||
14 | neglect. | ||||||
15 | (2) Review existing regulations relating to the | ||||||
16 | operation of facilities. | ||||||
17 | (3) Advise the Inspector General as to the content of | ||||||
18 | training activities authorized under this Section. | ||||||
19 | (4) Recommend policies concerning methods for | ||||||
20 | improving the intergovernmental relationships between the | ||||||
21 | Office of the Inspector General and other State or federal | ||||||
22 | offices. | ||||||
23 | (v) Annual report. The Inspector General shall provide to | ||||||
24 | the General Assembly and the Governor, no later than January 1 | ||||||
25 | of each year, a summary of reports and investigations made | ||||||
26 | under this Act for the prior fiscal year with respect to |
| |||||||
| |||||||
1 | individuals receiving mental health or developmental | ||||||
2 | disabilities services. The report shall detail the imposition | ||||||
3 | of sanctions, if any, and the final disposition of any | ||||||
4 | corrective or administrative action directed by the Secretary. | ||||||
5 | The summaries shall not contain any confidential or identifying | ||||||
6 | information of any individual, but shall include objective data | ||||||
7 | identifying any trends in the number of reported allegations, | ||||||
8 | the timeliness of the Office of the Inspector General's | ||||||
9 | investigations, and their disposition, for each facility and | ||||||
10 | Department-wide, for the most recent 3-year time period. The | ||||||
11 | report shall also identify, by facility, the staff-to-patient | ||||||
12 | ratios taking account of direct care staff only. The report | ||||||
13 | shall also include detailed recommended administrative actions | ||||||
14 | and matters for consideration by the General Assembly. | ||||||
15 | (w) Program audit. The Auditor General shall conduct a | ||||||
16 | program audit of the Office of the Inspector General on an | ||||||
17 | as-needed basis, as determined by the Auditor General. The | ||||||
18 | audit shall specifically include the Inspector General's | ||||||
19 | compliance with the Act and effectiveness in investigating | ||||||
20 | reports of allegations occurring in any facility or agency. The | ||||||
21 | Auditor General shall conduct the program audit according to | ||||||
22 | the provisions of the Illinois State Auditing Act and shall | ||||||
23 | report its findings to the General Assembly no later than | ||||||
24 | January 1 following the audit period.
| ||||||
25 | (x) Nothing in this Section shall be construed to mean that | ||||||
26 | a patient is a victim of abuse or neglect because of health |
| |||||||
| |||||||
1 | care services appropriately provided or not provided by health | ||||||
2 | care professionals. | ||||||
3 | (y) Nothing in this Section shall require a facility, | ||||||
4 | including its employees, agents, medical staff members, and | ||||||
5 | health care professionals, to provide a service to a patient in | ||||||
6 | contravention of that patient's stated or implied objection to | ||||||
7 | the provision of that service on the ground that that service | ||||||
8 | conflicts with the patient's religious beliefs or practices, | ||||||
9 | nor shall the failure to provide a service to a patient be | ||||||
10 | considered abuse under this Section if the patient has objected | ||||||
11 | to the provision of that service based on his or her religious | ||||||
12 | beliefs or practices.
| ||||||
13 | (Source: P.A. 95-545, eff. 8-28-07; 96-407, eff. 8-13-09; | ||||||
14 | 96-555, eff. 8-18-09; revised 9-25-09.)
| ||||||
15 | (Text of Section after amendment by P.A. 96-339 ) | ||||||
16 | Sec. 1-17. Inspector General. | ||||||
17 | (a) Nature and purpose. It is the express intent of the | ||||||
18 | General Assembly to ensure the health, safety, and financial | ||||||
19 | condition of individuals receiving services in this State due | ||||||
20 | to mental illness, developmental disability, or both by | ||||||
21 | protecting those persons from acts of abuse, neglect, or both | ||||||
22 | by service providers. To that end, the Office of the Inspector | ||||||
23 | General for the Department of Human Services is created to | ||||||
24 | investigate and report upon allegations of the abuse, neglect, | ||||||
25 | or financial exploitation of individuals receiving services |
| |||||||
| |||||||
1 | within mental health facilities, developmental disabilities | ||||||
2 | facilities, and community agencies operated, licensed, funded | ||||||
3 | or certified by the Department of Human Services, but not | ||||||
4 | licensed or certified by any other State agency. It is also the | ||||||
5 | express intent of the General Assembly to authorize the | ||||||
6 | Inspector General to investigate alleged or suspected cases of | ||||||
7 | abuse, neglect, or financial exploitation of adults with | ||||||
8 | disabilities living in domestic settings in the community under | ||||||
9 | the Abuse of Adults with Disabilities Intervention Act. | ||||||
10 | (a-5) On January 1, 2011, all of the functions of the | ||||||
11 | Inspector General relating to mental health, together with all | ||||||
12 | of the powers, duties, rights, and responsibilities of the | ||||||
13 | Inspector General relating to those functions, are transferred | ||||||
14 | to the Department of Healthcare and Family Services as provided | ||||||
15 | in Section 2205-15 of the Department of Healthcare and Family | ||||||
16 | Services Law of the
Civil Administrative Code of Illinois. | ||||||
17 | (b) Definitions. The following definitions apply to this | ||||||
18 | Section: | ||||||
19 | "Agency" or "community agency" means (i) a community agency | ||||||
20 | licensed, funded, or certified by the Department, but not | ||||||
21 | licensed or certified by any other human services agency of the | ||||||
22 | State, to provide mental health service or developmental | ||||||
23 | disabilities service, or (ii) a program licensed, funded, or | ||||||
24 | certified by the Department, but not licensed or certified by | ||||||
25 | any other human services agency of the State, to provide mental | ||||||
26 | health service or developmental disabilities service. |
| |||||||
| |||||||
1 | "Aggravating circumstance" means a factor that is | ||||||
2 | attendant to a finding and that tends to compound or increase | ||||||
3 | the culpability of the accused. | ||||||
4 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
5 | incident involving any of the following conduct by an employee, | ||||||
6 | facility, or agency against an individual or individuals: | ||||||
7 | mental abuse, physical abuse, sexual abuse, neglect, or | ||||||
8 | financial exploitation. | ||||||
9 | "Day" means working day, unless otherwise specified. | ||||||
10 | "Deflection" means a situation in which an individual is | ||||||
11 | presented for admission to a facility or agency, and the | ||||||
12 | facility staff or agency staff do not admit the individual. | ||||||
13 | "Deflection" includes triage, redirection, and denial of | ||||||
14 | admission. | ||||||
15 | "Department" means the Department of Human Services. | ||||||
16 | "Developmentally disabled" means having a developmental | ||||||
17 | disability. | ||||||
18 | "Developmental disability" means "developmental | ||||||
19 | disability" as defined in the Mental Health and Developmental | ||||||
20 | Disabilities Code. | ||||||
21 | "Egregious neglect" means a finding of neglect as | ||||||
22 | determined by the Inspector General that (i) represents a gross | ||||||
23 | failure to adequately provide for, or a callused indifference | ||||||
24 | to, the health, safety, or medical needs of an individual and | ||||||
25 | (ii) results in an individual's death or other serious | ||||||
26 | deterioration of an individual's physical condition or mental |
| |||||||
| |||||||
1 | condition. | ||||||
2 | "Employee" means any person who provides services at the | ||||||
3 | facility or agency on-site or off-site. The service | ||||||
4 | relationship can be with the individual or with the facility or | ||||||
5 | agency. Also, "employee" includes any employee or contractual | ||||||
6 | agent of the Department of Human Services or the community | ||||||
7 | agency involved in providing or monitoring or administering | ||||||
8 | mental health or developmental disability services. This | ||||||
9 | includes but is not limited to: owners, operators, payroll | ||||||
10 | personnel, contractors, subcontractors, and volunteers. | ||||||
11 | "Facility" or "State-operated facility" means a mental | ||||||
12 | health facility or developmental disabilities facility | ||||||
13 | operated by the Department. | ||||||
14 | "Financial exploitation" means taking unjust advantage of | ||||||
15 | an individual's assets, property, or financial resources | ||||||
16 | through deception, intimidation, or conversion for the | ||||||
17 | employee's, facility's, or agency's own advantage or benefit. | ||||||
18 | "Finding" means the Office of Inspector General's | ||||||
19 | determination regarding whether an allegation is | ||||||
20 | substantiated, unsubstantiated, or unfounded. | ||||||
21 | "Health care worker registry" or "registry" means the | ||||||
22 | health care worker registry created by the Nursing Home Care | ||||||
23 | Act. | ||||||
24 | "Individual" means any person receiving mental health | ||||||
25 | service, developmental disabilities service, or both from a | ||||||
26 | facility or agency, while either on-site or off-site. |
| |||||||
| |||||||
1 | "Mental abuse" means the use of demeaning, intimidating, or | ||||||
2 | threatening words, signs, gestures, or other actions by an | ||||||
3 | employee about an individual and in the presence of an | ||||||
4 | individual or individuals that results in emotional distress or | ||||||
5 | maladaptive behavior, or could have resulted in emotional | ||||||
6 | distress or maladaptive behavior, for any individual present. | ||||||
7 | "Mental illness" means "mental illness" as defined in the | ||||||
8 | Mental Health and Developmental Disabilities Code. | ||||||
9 | "Mentally ill" means having a mental illness. | ||||||
10 | "Mitigating circumstance" means a condition that (i) is | ||||||
11 | attendant to a finding, (ii) does not excuse or justify the | ||||||
12 | conduct in question, but (iii) may be considered in evaluating | ||||||
13 | the severity of the conduct, the culpability of the accused, or | ||||||
14 | both the severity of the conduct and the culpability of the | ||||||
15 | accused. | ||||||
16 | "Neglect" means an employee's, agency's, or facility's | ||||||
17 | failure to provide adequate medical care, personal care, or | ||||||
18 | maintenance and that, as a consequence, (i) causes an | ||||||
19 | individual pain, injury, or emotional distress, (ii) results in | ||||||
20 | either an individual's maladaptive behavior or the | ||||||
21 | deterioration of an individual's physical condition or mental | ||||||
22 | condition, or (iii) places the individual's health or safety at | ||||||
23 | substantial risk. | ||||||
24 | "Physical abuse" means an employee's non-accidental and | ||||||
25 | inappropriate contact with an individual that causes bodily | ||||||
26 | harm. "Physical abuse" includes actions that cause bodily harm |
| |||||||
| |||||||
1 | as a result of an employee directing an individual or person to | ||||||
2 | physically abuse another individual. | ||||||
3 | "Recommendation" means an admonition, separate from a | ||||||
4 | finding, that requires action by the facility, agency, or | ||||||
5 | Department to correct a systemic issue, problem, or deficiency | ||||||
6 | identified during an investigation. | ||||||
7 | "Required reporter" means any employee who suspects, | ||||||
8 | witnesses, or is informed of an allegation of any one or more | ||||||
9 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
10 | neglect, or financial exploitation. | ||||||
11 | "Secretary" means the Chief Administrative Officer of the | ||||||
12 | Department. | ||||||
13 | "Sexual abuse" means any sexual contact or intimate | ||||||
14 | physical contact between an employee and an individual, | ||||||
15 | including an employee's coercion or encouragement of an | ||||||
16 | individual to engage in sexual behavior that results in sexual | ||||||
17 | contact, intimate physical contact, sexual behavior, or | ||||||
18 | intimate physical behavior. | ||||||
19 | "Substantiated" means there is a preponderance of the | ||||||
20 | evidence to support the allegation. | ||||||
21 | "Unfounded" means there is no credible evidence to support | ||||||
22 | the allegation. | ||||||
23 | "Unsubstantiated" means there is credible evidence, but | ||||||
24 | less than a preponderance of evidence to support the | ||||||
25 | allegation. | ||||||
26 | (c) Appointment. The Governor shall appoint, and the Senate |
| |||||||
| |||||||
1 | shall confirm, an Inspector General. The Inspector General | ||||||
2 | shall be appointed for a term of 4 years and shall function | ||||||
3 | within the Department of Human Services and report to the | ||||||
4 | Secretary and the Governor. | ||||||
5 | (d) Operation and appropriation. The Inspector General | ||||||
6 | shall function independently within the Department with | ||||||
7 | respect to the operations of the Office, including the | ||||||
8 | performance of investigations and issuance of findings and | ||||||
9 | recommendations. The appropriation for the Office of Inspector | ||||||
10 | General shall be separate from the overall appropriation for | ||||||
11 | the Department. | ||||||
12 | (e) Powers and duties. The Inspector General shall | ||||||
13 | investigate reports of suspected mental abuse, physical abuse, | ||||||
14 | sexual abuse, neglect, or financial exploitation of | ||||||
15 | individuals in any mental health or developmental disabilities | ||||||
16 | facility or agency and shall have authority to take immediate | ||||||
17 | action to prevent any one or more of the following from | ||||||
18 | happening to individuals under its jurisdiction: mental abuse, | ||||||
19 | physical abuse, sexual abuse, neglect, or financial | ||||||
20 | exploitation. Upon written request of an agency of this State, | ||||||
21 | the Inspector General may assist another agency of the State in | ||||||
22 | investigating reports of the abuse, neglect, or abuse and | ||||||
23 | neglect of persons with mental illness, persons with | ||||||
24 | developmental disabilities, or persons with both. To comply | ||||||
25 | with the requirements of subsection (k) of this Section, the | ||||||
26 | Inspector General shall also review all reportable deaths for |
| |||||||
| |||||||
1 | which there is no allegation of abuse or neglect. Nothing in | ||||||
2 | this Section shall preempt any duties of the Medical Review | ||||||
3 | Board set forth in the Mental Health and Developmental | ||||||
4 | Disabilities Code. The Inspector General shall have no | ||||||
5 | authority to investigate alleged violations of the State | ||||||
6 | Officials and Employees Ethics Act. Allegations of misconduct | ||||||
7 | under the State Officials and Employees Ethics Act shall be | ||||||
8 | referred to the Office of the Governor's Executive Inspector | ||||||
9 | General for investigation. | ||||||
10 | (f) Limitations. The Inspector General shall not conduct an | ||||||
11 | investigation within an agency or facility if that | ||||||
12 | investigation would be redundant to or interfere with an | ||||||
13 | investigation conducted by another State agency. The Inspector | ||||||
14 | General shall have no supervision over, or involvement in, the | ||||||
15 | routine programmatic, licensing, funding, or certification | ||||||
16 | operations of the Department. Nothing in this subsection limits | ||||||
17 | investigations by the Department that may otherwise be required | ||||||
18 | by law or that may be necessary in the Department's capacity as | ||||||
19 | central administrative authority responsible for the operation | ||||||
20 | of the State's mental health and developmental disabilities | ||||||
21 | facilities. | ||||||
22 | (g) Rulemaking authority. The Inspector General shall | ||||||
23 | promulgate rules establishing minimum requirements for | ||||||
24 | reporting allegations as well as for initiating, conducting, | ||||||
25 | and completing investigations based upon the nature of the | ||||||
26 | allegation or allegations. The rules shall clearly establish |
| |||||||
| |||||||
1 | that if 2 or more State agencies could investigate an | ||||||
2 | allegation, the Inspector General shall not conduct an | ||||||
3 | investigation that would be redundant to, or interfere with, an | ||||||
4 | investigation conducted by another State agency. The rules | ||||||
5 | shall further clarify the method and circumstances under which | ||||||
6 | the Office of Inspector General may interact with the | ||||||
7 | licensing, funding, or certification units of the Department in | ||||||
8 | preventing further occurrences of mental abuse, physical | ||||||
9 | abuse, sexual abuse, neglect, egregious neglect, and financial | ||||||
10 | exploitation. | ||||||
11 | (h) Training programs. The Inspector General shall (i) | ||||||
12 | establish a comprehensive program to ensure that every person | ||||||
13 | authorized to conduct investigations receives ongoing training | ||||||
14 | relative to investigation techniques, communication skills, | ||||||
15 | and the appropriate means of interacting with persons receiving | ||||||
16 | treatment for mental illness, developmental disability, or | ||||||
17 | both mental illness and developmental disability, and (ii) | ||||||
18 | establish and conduct periodic training programs for facility | ||||||
19 | and agency employees concerning the prevention and reporting of | ||||||
20 | any one or more of the following: mental abuse, physical abuse, | ||||||
21 | sexual abuse, neglect, egregious neglect, or financial | ||||||
22 | exploitation. Nothing in this Section shall be deemed to | ||||||
23 | prevent the Office of Inspector General from conducting any | ||||||
24 | other training as determined by the Inspector General to be | ||||||
25 | necessary or helpful. | ||||||
26 | (i) Duty to cooperate. |
| |||||||
| |||||||
1 | (1) The Inspector General shall at all times be granted | ||||||
2 | access to any facility or agency for the purpose of | ||||||
3 | investigating any allegation, conducting unannounced site | ||||||
4 | visits, monitoring compliance with a written response, or | ||||||
5 | completing any other statutorily assigned duty. The | ||||||
6 | Inspector General shall conduct unannounced site visits to | ||||||
7 | each facility at least annually for the purpose of | ||||||
8 | reviewing and making recommendations on systemic issues | ||||||
9 | relative to preventing, reporting, investigating, and | ||||||
10 | responding to all of the following: mental abuse, physical | ||||||
11 | abuse, sexual abuse, neglect, egregious neglect, or | ||||||
12 | financial exploitation. | ||||||
13 | (2) Any employee who fails to cooperate with an Office | ||||||
14 | of the Inspector General investigation is in violation of | ||||||
15 | this Act. Failure to cooperate with an investigation | ||||||
16 | includes, but is not limited to, any one or more of the | ||||||
17 | following: (i) creating and transmitting a false report to | ||||||
18 | the Office of the Inspector General hotline, (ii) providing | ||||||
19 | false information to an Office of the Inspector General | ||||||
20 | Investigator during an investigation, (iii) colluding with | ||||||
21 | other employees to cover up evidence, (iv) colluding with | ||||||
22 | other employees to provide false information to an Office | ||||||
23 | of the Inspector General investigator, (v) destroying | ||||||
24 | evidence, (vi) withholding evidence, or (vii) otherwise | ||||||
25 | obstructing an Office of the Inspector General | ||||||
26 | investigation. Additionally, any employee who, during an |
| |||||||
| |||||||
1 | unannounced site visit or written response compliance | ||||||
2 | check, fails to cooperate with requests from the Office of | ||||||
3 | the Inspector General is in violation of this Act. | ||||||
4 | (j) Subpoena powers. The Inspector General shall have the | ||||||
5 | power to subpoena witnesses and compel the production of all | ||||||
6 | documents and physical evidence relating to his or her | ||||||
7 | investigations and any hearings authorized by this Act. This | ||||||
8 | subpoena power shall not extend to persons or documents of a | ||||||
9 | labor organization or its representatives insofar as the | ||||||
10 | persons are acting in a representative capacity to an employee | ||||||
11 | whose conduct is the subject of an investigation or the | ||||||
12 | documents relate to that representation. Any person who | ||||||
13 | otherwise fails to respond to a subpoena or who knowingly | ||||||
14 | provides false information to the Office of the Inspector | ||||||
15 | General by subpoena during an investigation is guilty of a | ||||||
16 | Class A misdemeanor. | ||||||
17 | (k) Reporting allegations and deaths. | ||||||
18 | (1) Allegations. If an employee witnesses, is told of, | ||||||
19 | or has reason to believe an incident of mental abuse, | ||||||
20 | physical abuse, sexual abuse, neglect, or financial | ||||||
21 | exploitation has occurred, the employee, agency, or | ||||||
22 | facility shall report the allegation by phone to the Office | ||||||
23 | of the Inspector General hotline according to the agency's | ||||||
24 | or facility's procedures, but in no event later than 4 | ||||||
25 | hours after the initial discovery of the incident, | ||||||
26 | allegation, or suspicion of any one or more of the |
| |||||||
| |||||||
1 | following: mental abuse, physical abuse, sexual abuse, | ||||||
2 | neglect, or financial exploitation. A required reporter as | ||||||
3 | defined in subsection (b) of this Section who knowingly or | ||||||
4 | intentionally fails to comply with these reporting | ||||||
5 | requirements is guilty of a Class A misdemeanor. | ||||||
6 | (2) Deaths. Absent an allegation, a required reporter | ||||||
7 | shall, within 24 hours after initial discovery, report by | ||||||
8 | phone to the Office of the Inspector General hotline each | ||||||
9 | of the following: | ||||||
10 | (i) Any death of an individual occurring within 14 | ||||||
11 | calendar days after discharge or transfer of the | ||||||
12 | individual from a residential program or facility. | ||||||
13 | (ii) Any death of an individual occurring within 24 | ||||||
14 | hours after deflection from a residential program or | ||||||
15 | facility. | ||||||
16 | (iii) Any other death of an individual occurring at | ||||||
17 | an agency or facility or at any Department-funded site. | ||||||
18 | (3) Retaliation. It is a violation of this Act for any | ||||||
19 | employee or administrator of an agency or facility to take | ||||||
20 | retaliatory action against an employee who acts in good | ||||||
21 | faith in conformance with his or her duties as a required | ||||||
22 | reporter. | ||||||
23 | (l) Reporting criminal acts. Within 24 hours after | ||||||
24 | determining that there is credible evidence indicating that a | ||||||
25 | criminal act may have been committed or that special expertise | ||||||
26 | may be required in an investigation, the Inspector General |
| |||||||
| |||||||
1 | shall notify the Department of State Police or other | ||||||
2 | appropriate law enforcement authority, or ensure that such | ||||||
3 | notification is made. The Department of State Police shall | ||||||
4 | investigate any report from a State-operated facility | ||||||
5 | indicating a possible murder, sexual assault, or other felony | ||||||
6 | by an employee. All investigations conducted by the Inspector | ||||||
7 | General shall be conducted in a manner designed to ensure the | ||||||
8 | preservation of evidence for possible use in a criminal | ||||||
9 | prosecution. | ||||||
10 | (m) Investigative reports. Upon completion of an | ||||||
11 | investigation, the Office of Inspector General shall issue an | ||||||
12 | investigative report identifying whether the allegations are | ||||||
13 | substantiated, unsubstantiated, or unfounded. Within 10 | ||||||
14 | business days after the transmittal of a completed | ||||||
15 | investigative report substantiating an allegation, or if a | ||||||
16 | recommendation is made, the Inspector General shall provide the | ||||||
17 | investigative report on the case to the Secretary and to the | ||||||
18 | director of the facility or agency where any one or more of the | ||||||
19 | following occurred: mental abuse, physical abuse, sexual | ||||||
20 | abuse, neglect, egregious neglect, or financial exploitation. | ||||||
21 | In a substantiated case, the investigative report shall include | ||||||
22 | any mitigating or aggravating circumstances that were | ||||||
23 | identified during the investigation. If the case involves | ||||||
24 | substantiated neglect, the investigative report shall also | ||||||
25 | state whether egregious neglect was found. An investigative | ||||||
26 | report may also set forth recommendations. All investigative |
| |||||||
| |||||||
1 | reports prepared by the Office of the Inspector General shall | ||||||
2 | be considered confidential and shall not be released except as | ||||||
3 | provided by the law of this State or as required under | ||||||
4 | applicable federal law. Unsubstantiated and unfounded reports | ||||||
5 | shall not be disclosed except as allowed under Section 6 of the | ||||||
6 | Abused and Neglected Long Term Care Facility Residents | ||||||
7 | Reporting Act. Raw data used to compile the investigative | ||||||
8 | report shall not be subject to release unless required by law | ||||||
9 | or a court order. "Raw data used to compile the investigative | ||||||
10 | report" includes, but is not limited to, any one or more of the | ||||||
11 | following: the initial complaint, witness statements, | ||||||
12 | photographs, investigator's notes, police reports, or incident | ||||||
13 | reports. If the allegations are substantiated, the accused | ||||||
14 | shall be provided with a redacted copy of the investigative | ||||||
15 | report. Death reports where there was no allegation of abuse or | ||||||
16 | neglect shall only be released pursuant to applicable State or | ||||||
17 | federal law or a valid court order. | ||||||
18 | (n) Written responses and reconsideration requests. | ||||||
19 | (1) Written responses. Within 30 calendar days from | ||||||
20 | receipt of a substantiated investigative report or an | ||||||
21 | investigative report which contains recommendations, | ||||||
22 | absent a reconsideration request, the facility or agency | ||||||
23 | shall file a written response that addresses, in a concise | ||||||
24 | and reasoned manner, the actions taken to: (i) protect the | ||||||
25 | individual; (ii) prevent recurrences; and (iii) eliminate | ||||||
26 | the problems identified. The response shall include the |
| |||||||
| |||||||
1 | implementation and completion dates of such actions. If the | ||||||
2 | written response is not filed within the allotted 30 | ||||||
3 | calendar day period, the Secretary shall determine the | ||||||
4 | appropriate corrective action to be taken. | ||||||
5 | (2) Reconsideration requests. The facility, agency, | ||||||
6 | victim or guardian, or the subject employee may request | ||||||
7 | that the Office of Inspector General reconsider or clarify | ||||||
8 | its finding based upon additional information. | ||||||
9 | (o) Disclosure of the finding by the Inspector General. The | ||||||
10 | Inspector General shall disclose the finding of an | ||||||
11 | investigation to the following persons: (i) the Governor, (ii) | ||||||
12 | the Secretary, (iii) the director of the facility or agency, | ||||||
13 | (iv) the alleged victims and their guardians, (v) the | ||||||
14 | complainant, and (vi) the accused. This information shall | ||||||
15 | include whether the allegations were deemed substantiated, | ||||||
16 | unsubstantiated, or unfounded. | ||||||
17 | (p) Secretary review. Upon review of the Inspector | ||||||
18 | General's investigative report and any agency's or facility's | ||||||
19 | written response, the Secretary shall accept or reject the | ||||||
20 | written response and notify the Inspector General of that | ||||||
21 | determination. The Secretary may further direct that other | ||||||
22 | administrative action be taken, including, but not limited to, | ||||||
23 | any one or more of the following: (i) additional site visits, | ||||||
24 | (ii) training, (iii) provision of technical assistance | ||||||
25 | relative to administrative needs, licensure or certification, | ||||||
26 | or (iv) the imposition of appropriate sanctions. |
| |||||||
| |||||||
1 | (q) Action by facility or agency. Within 30 days of the | ||||||
2 | date the Secretary approves the written response or directs | ||||||
3 | that further administrative action be taken, the facility or | ||||||
4 | agency shall provide an implementation report to the Inspector | ||||||
5 | General that provides the status of the action taken. The | ||||||
6 | facility or agency shall be allowed an additional 30 days to | ||||||
7 | send notice of completion of the action or to send an updated | ||||||
8 | implementation report. If the action has not been completed | ||||||
9 | within the additional 30 day period, the facility or agency | ||||||
10 | shall send updated implementation reports every 60 days until | ||||||
11 | completion. The Inspector General shall conduct a review of any | ||||||
12 | implementation plan that takes more than 120 days after | ||||||
13 | approval to complete, and shall monitor compliance through a | ||||||
14 | random review of approved written responses, which may include, | ||||||
15 | but are not limited to: (i) site visits, (ii) telephone | ||||||
16 | contact, and (iii) requests for additional documentation | ||||||
17 | evidencing compliance. | ||||||
18 | (r) Sanctions. Sanctions, if imposed by the Secretary under | ||||||
19 | Subdivision (p)(iv) of this Section, shall be designed to | ||||||
20 | prevent further acts of mental abuse, physical abuse, sexual | ||||||
21 | abuse, neglect, egregious neglect, or financial exploitation | ||||||
22 | or some combination of one or more of those acts at a facility | ||||||
23 | or agency, and may include any one or more of the following: | ||||||
24 | (1) Appointment of on-site monitors. | ||||||
25 | (2) Transfer or relocation of an individual or | ||||||
26 | individuals. |
| |||||||
| |||||||
1 | (3) Closure of units. | ||||||
2 | (4) Termination of any one or more of the following: | ||||||
3 | (i) Department licensing, (ii) funding, or (iii) | ||||||
4 | certification. | ||||||
5 | The Inspector General may seek the assistance of the | ||||||
6 | Illinois Attorney General or the office of any State's Attorney | ||||||
7 | in implementing sanctions. | ||||||
8 | (s) Health care worker registry. | ||||||
9 | (1) Reporting to the registry. The Inspector General | ||||||
10 | shall report to the Department of Public Health's health | ||||||
11 | care worker registry, a public registry, MR/DD Community | ||||||
12 | Care Act the identity and finding of each employee of a | ||||||
13 | facility or agency against whom there is a final | ||||||
14 | investigative report containing a substantiated allegation | ||||||
15 | of physical or sexual abuse or egregious neglect of an | ||||||
16 | individual. MR/DD Community Care Act | ||||||
17 | (2) Notice to employee. Prior to reporting the name of | ||||||
18 | an employee, the employee shall be notified of the | ||||||
19 | Department's obligation to report and shall be granted an | ||||||
20 | opportunity to request an administrative hearing, the sole | ||||||
21 | purpose of which is to determine if the substantiated | ||||||
22 | finding warrants reporting to the registry. Notice to the | ||||||
23 | employee shall contain a clear and concise statement of the | ||||||
24 | grounds on which the report to the registry is based, offer | ||||||
25 | the employee an opportunity for a hearing, and identify the | ||||||
26 | process for requesting such a hearing. Notice is sufficient |
| |||||||
| |||||||
1 | if provided by certified mail to the employee's last known | ||||||
2 | address. If the employee fails to request a hearing within | ||||||
3 | 30 days from the date of the notice, the Inspector General | ||||||
4 | shall report the name of the employee to the registry. | ||||||
5 | Nothing in this subdivision (s)(2) shall diminish or impair | ||||||
6 | the rights of a person who is a member of a collective | ||||||
7 | bargaining unit under the Illinois Public Labor Relations | ||||||
8 | Act or under any other federal labor statute. | ||||||
9 | (3) Registry hearings. If the employee requests an | ||||||
10 | administrative hearing, the employee shall be granted an | ||||||
11 | opportunity to appear before an administrative law judge to | ||||||
12 | present reasons why the employee's name should not be | ||||||
13 | reported to the registry. The Department shall bear the | ||||||
14 | burden of presenting evidence that establishes, by a | ||||||
15 | preponderance of the evidence, that the substantiated | ||||||
16 | finding warrants reporting to the registry. After | ||||||
17 | considering all the evidence presented, the administrative | ||||||
18 | law judge shall make a recommendation to the Secretary as | ||||||
19 | to whether the substantiated finding warrants reporting | ||||||
20 | the name of the employee to the registry. The Secretary | ||||||
21 | shall render the final decision. The Department and the | ||||||
22 | employee shall have the right to request that the | ||||||
23 | administrative law judge consider a stipulated disposition | ||||||
24 | of these proceedings. | ||||||
25 | (4) Testimony at registry hearings. A person who makes | ||||||
26 | a report or who investigates a report under this Act shall |
| |||||||
| |||||||
1 | testify fully in any judicial proceeding resulting from | ||||||
2 | such a report, as to any evidence of abuse or neglect, or | ||||||
3 | the cause thereof. No evidence shall be excluded by reason | ||||||
4 | of any common law or statutory privilege relating to | ||||||
5 | communications between the alleged perpetrator of abuse or | ||||||
6 | neglect, or the individual alleged as the victim in the | ||||||
7 | report, and the person making or investigating the report. | ||||||
8 | Testimony at hearings is exempt from the confidentiality | ||||||
9 | requirements of subsection (f) of Section 10 of the Mental | ||||||
10 | Health and Developmental Disabilities Confidentiality Act. | ||||||
11 | (5) Employee's rights to collateral action. No | ||||||
12 | reporting to the registry shall occur and no hearing shall | ||||||
13 | be set or proceed if an employee notifies the Inspector | ||||||
14 | General in writing, including any supporting | ||||||
15 | documentation, that he or she is formally contesting an | ||||||
16 | adverse employment action resulting from a substantiated | ||||||
17 | finding by complaint filed with the Illinois Civil Service | ||||||
18 | Commission, or which otherwise seeks to enforce the | ||||||
19 | employee's rights pursuant to any applicable collective | ||||||
20 | bargaining agreement. If an action taken by an employer | ||||||
21 | against an employee as a result of a finding of physical | ||||||
22 | abuse, sexual abuse, or egregious neglect is overturned | ||||||
23 | through an action filed with the Illinois Civil Service | ||||||
24 | Commission or under any applicable collective bargaining | ||||||
25 | agreement and if that employee's name has already been sent | ||||||
26 | to the registry, the employee's name shall be removed from |
| |||||||
| |||||||
1 | the registry. | ||||||
2 | (6) Removal from registry. At any time after the report | ||||||
3 | to the registry, but no more than once in any 12-month | ||||||
4 | period, an employee may petition the Department in writing | ||||||
5 | to remove his or her name from the registry. Upon receiving | ||||||
6 | notice of such request, the Inspector General shall conduct | ||||||
7 | an investigation into the petition. Upon receipt of such | ||||||
8 | request, an administrative hearing will be set by the | ||||||
9 | Department. At the hearing, the employee shall bear the | ||||||
10 | burden of presenting evidence that establishes, by a | ||||||
11 | preponderance of the evidence, that removal of the name | ||||||
12 | from the registry is in the public interest. The parties | ||||||
13 | may jointly request that the administrative law judge | ||||||
14 | consider a stipulated disposition of these proceedings. | ||||||
15 | (t) Review of Administrative Decisions. The Department | ||||||
16 | shall preserve a record of all proceedings at any formal | ||||||
17 | hearing conducted by the Department involving health care | ||||||
18 | worker registry hearings. Final administrative decisions of | ||||||
19 | the Department are subject to judicial review pursuant to | ||||||
20 | provisions of the Administrative Review Law. | ||||||
21 | (u) Quality Care Board. There is created, within the Office | ||||||
22 | of the Inspector General, a Quality Care Board to be composed | ||||||
23 | of 7 members appointed by the Governor with the advice and | ||||||
24 | consent of the Senate. One of the members shall be designated | ||||||
25 | as chairman by the Governor. Of the initial appointments made | ||||||
26 | by the Governor, 4 Board members shall each be appointed for a |
| |||||||
| |||||||
1 | term of 4 years and 3 members shall each be appointed for a | ||||||
2 | term of 2 years. Upon the expiration of each member's term, a | ||||||
3 | successor shall be appointed for a term of 4 years. In the case | ||||||
4 | of a vacancy in the office of any member, the Governor shall | ||||||
5 | appoint a successor for the remainder of the unexpired term. | ||||||
6 | Members appointed by the Governor shall be qualified by | ||||||
7 | professional knowledge or experience in the area of law, | ||||||
8 | investigatory techniques, or in the area of care of the | ||||||
9 | mentally ill or developmentally disabled. Two members | ||||||
10 | appointed by the Governor shall be persons with a disability or | ||||||
11 | a parent of a person with a disability. Members shall serve | ||||||
12 | without compensation, but shall be reimbursed for expenses | ||||||
13 | incurred in connection with the performance of their duties as | ||||||
14 | members. | ||||||
15 | The Board shall meet quarterly, and may hold other meetings | ||||||
16 | on the call of the chairman. Four members shall constitute a | ||||||
17 | quorum allowing the Board to conduct its business. The Board | ||||||
18 | may adopt rules and regulations it deems necessary to govern | ||||||
19 | its own procedures. | ||||||
20 | The Board shall monitor and oversee the operations, | ||||||
21 | policies, and procedures of the Inspector General to ensure the | ||||||
22 | prompt and thorough investigation of allegations of neglect and | ||||||
23 | abuse. In fulfilling these responsibilities, the Board may do | ||||||
24 | the following: | ||||||
25 | (1) Provide independent, expert consultation to the | ||||||
26 | Inspector General on policies and protocols for |
| |||||||
| |||||||
1 | investigations of alleged abuse, neglect, or both abuse and | ||||||
2 | neglect. | ||||||
3 | (2) Review existing regulations relating to the | ||||||
4 | operation of facilities. | ||||||
5 | (3) Advise the Inspector General as to the content of | ||||||
6 | training activities authorized under this Section. | ||||||
7 | (4) Recommend policies concerning methods for | ||||||
8 | improving the intergovernmental relationships between the | ||||||
9 | Office of the Inspector General and other State or federal | ||||||
10 | offices. | ||||||
11 | (v) Annual report. The Inspector General shall provide to | ||||||
12 | the General Assembly and the Governor, no later than January 1 | ||||||
13 | of each year, a summary of reports and investigations made | ||||||
14 | under this Act for the prior fiscal year with respect to | ||||||
15 | individuals receiving mental health or developmental | ||||||
16 | disabilities services. The report shall detail the imposition | ||||||
17 | of sanctions, if any, and the final disposition of any | ||||||
18 | corrective or administrative action directed by the Secretary. | ||||||
19 | The summaries shall not contain any confidential or identifying | ||||||
20 | information of any individual, but shall include objective data | ||||||
21 | identifying any trends in the number of reported allegations, | ||||||
22 | the timeliness of the Office of the Inspector General's | ||||||
23 | investigations, and their disposition, for each facility and | ||||||
24 | Department-wide, for the most recent 3-year time period. The | ||||||
25 | report shall also identify, by facility, the staff-to-patient | ||||||
26 | ratios taking account of direct care staff only. The report |
| |||||||
| |||||||
1 | shall also include detailed recommended administrative actions | ||||||
2 | and matters for consideration by the General Assembly. | ||||||
3 | (w) Program audit. The Auditor General shall conduct a | ||||||
4 | program audit of the Office of the Inspector General on an | ||||||
5 | as-needed basis, as determined by the Auditor General. The | ||||||
6 | audit shall specifically include the Inspector General's | ||||||
7 | compliance with the Act and effectiveness in investigating | ||||||
8 | reports of allegations occurring in any facility or agency. The | ||||||
9 | Auditor General shall conduct the program audit according to | ||||||
10 | the provisions of the Illinois State Auditing Act and shall | ||||||
11 | report its findings to the General Assembly no later than | ||||||
12 | January 1 following the audit period.
| ||||||
13 | (x) Nothing in this Section shall be construed to mean that | ||||||
14 | a patient is a victim of abuse or neglect because of health | ||||||
15 | care services appropriately provided or not provided by health | ||||||
16 | care professionals. | ||||||
17 | (y) Nothing in this Section shall require a facility, | ||||||
18 | including its employees, agents, medical staff members, and | ||||||
19 | health care professionals, to provide a service to a patient in | ||||||
20 | contravention of that patient's stated or implied objection to | ||||||
21 | the provision of that service on the ground that that service | ||||||
22 | conflicts with the patient's religious beliefs or practices, | ||||||
23 | nor shall the failure to provide a service to a patient be | ||||||
24 | considered abuse under this Section if the patient has objected | ||||||
25 | to the provision of that service based on his or her religious | ||||||
26 | beliefs or practices.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-545, eff. 8-28-07; 96-339, eff. 7-1-10; | ||||||
2 | 96-407, eff. 8-13-09; 96-555, eff. 8-18-09; revised 9-25-09.)
| ||||||
3 | (20 ILCS 1305/1-40 new) | ||||||
4 | Sec. 1-40. Alcoholism and Substance Abuse; Mental Health; | ||||||
5 | transfer to Department of Healthcare and Family Services. On | ||||||
6 | January 1, 2011, all functions performed by the Division of | ||||||
7 | Alcoholism and Substance Abuse and the Division of Mental | ||||||
8 | Health within the Department, as well as any other functions of | ||||||
9 | the Department relating to alcoholism and substance abuse or | ||||||
10 | mental health, including such functions performed by the | ||||||
11 | Inspector General appointed under Section 1-17, together with | ||||||
12 | all of the powers, duties, rights, and responsibilities of the | ||||||
13 | Department of Human Services relating to those functions, are | ||||||
14 | transferred to the Department of Healthcare and Family Services | ||||||
15 | as provided in Section 2205-15 of the Department of Healthcare | ||||||
16 | and Family Services Law of the
Civil Administrative Code of | ||||||
17 | Illinois. The Department of Human Services shall cooperate with | ||||||
18 | the Department of Healthcare and Family Services to ensure that | ||||||
19 | the transfer of functions is completed by January 1, 2011.
| ||||||
20 | Section 10. The Department of Healthcare and Family | ||||||
21 | Services Law of the
Civil Administrative Code of Illinois is | ||||||
22 | amended by adding Section 2205-15 as follows:
| ||||||
23 | (20 ILCS 2205/2205-15 new) |
| |||||||
| |||||||
1 | Sec. 2205-15. Alcoholism and Substance Abuse; Mental | ||||||
2 | Health; transfer from Department of Human Services. | ||||||
3 | (a) Transfer of functions and powers. On January 1, 2011, | ||||||
4 | all functions performed by the Division of Alcoholism and | ||||||
5 | Substance Abuse and the Division of Mental Health within the | ||||||
6 | Department of Human Services, as well as any other functions of | ||||||
7 | the Department of Human Services relating to alcoholism and | ||||||
8 | substance abuse or mental health, together with all of the | ||||||
9 | powers, duties, rights, and responsibilities of the Department | ||||||
10 | of Human Services relating to those functions, are transferred | ||||||
11 | to the Department of Healthcare and Family Services. The | ||||||
12 | functions transferred under this Section include, but are not | ||||||
13 | limited to, the following: | ||||||
14 | (1) Functions under the Alcoholism and Other Drug Abuse | ||||||
15 | and Dependency Act. | ||||||
16 | (2) Functions relating to mental health under the | ||||||
17 | Mental Health and Developmental Disabilities | ||||||
18 | Administrative Act. | ||||||
19 | (3) Functions relating to mental health under the | ||||||
20 | Mental Health and Developmental Disabilities Code. | ||||||
21 | (4) Functions relating to mental health performed by | ||||||
22 | the Inspector General appointed under Section 1-17 of the | ||||||
23 | Department of Human Services Act. | ||||||
24 | The Department of Human Services and the Department of | ||||||
25 | Healthcare and Family Services shall cooperate to ensure that | ||||||
26 | the transfer of functions is completed by January 1, 2011. |
| |||||||
| |||||||
1 | (b) Effect of transfer. Neither the alcoholism and | ||||||
2 | substance abuse and mental health functions, nor the powers, | ||||||
3 | duties, rights, and responsibilities relating to those | ||||||
4 | functions, that are transferred from the Department of Human | ||||||
5 | Services to the Department of Healthcare and Family Services | ||||||
6 | under this Section are affected by this amendatory Act of the | ||||||
7 | 96th General Assembly, except that all such functions, powers, | ||||||
8 | duties, rights, and responsibilities shall be performed or | ||||||
9 | exercised by the Department of Healthcare and Family Services | ||||||
10 | on and after January 1, 2011. | ||||||
11 | (c) Personnel transferred. The status and rights of the | ||||||
12 | employees in the Department of Human Services engaged in the | ||||||
13 | performance of functions relating to alcoholism and substance | ||||||
14 | abuse or mental health shall not be affected by the transfer of | ||||||
15 | those functions from the Department of Human Services to the | ||||||
16 | Department of Healthcare and Family Services under this | ||||||
17 | Section. The rights of those employees as derived from the | ||||||
18 | State of Illinois and its agencies under the Personnel Code, | ||||||
19 | the applicable collective bargaining agreements, or any | ||||||
20 | pension, retirement, or annuity plan shall not be affected by | ||||||
21 | this Section. Personnel employed by the Department of Human | ||||||
22 | Services who are affected by this Section shall continue their | ||||||
23 | service within the Department of Healthcare and Family | ||||||
24 | Services. | ||||||
25 | (d) Books and records transferred. All books, records, | ||||||
26 | papers, documents, contracts, and pending business pertaining |
| |||||||
| |||||||
1 | to the powers, duties, rights, and responsibilities relating to | ||||||
2 | the alcoholism and substance abuse and mental health functions | ||||||
3 | transferred from the Department of Human Services to the | ||||||
4 | Department of Healthcare and Family Services under this | ||||||
5 | Section, including but not limited to material in electronic or | ||||||
6 | magnetic format, shall be transferred to the Department of | ||||||
7 | Healthcare and Family Services. The transfer of that | ||||||
8 | information shall not, however, violate any applicable | ||||||
9 | confidentiality constraints. | ||||||
10 | (e) Unexpended moneys transferred. All unexpended | ||||||
11 | appropriation balances and other funds otherwise available to | ||||||
12 | the Department of Human Services for use in connection with the | ||||||
13 | alcoholism and substance abuse and mental health functions | ||||||
14 | transferred from the Department of Human Services to the | ||||||
15 | Department of Healthcare and Family Services under this Section | ||||||
16 | shall be transferred and made available to the Department of | ||||||
17 | Healthcare and Family Services for use in connection with the | ||||||
18 | performance of those functions. | ||||||
19 | (f) Exercise of transferred powers; savings provisions. | ||||||
20 | The powers, duties, rights, and responsibilities relating to | ||||||
21 | the alcoholism and substance abuse and mental health functions | ||||||
22 | transferred from the Department of Human Services to the | ||||||
23 | Department of Healthcare and Family Services under this Section | ||||||
24 | are vested in and shall be exercised by the Department of | ||||||
25 | Healthcare and Family Services. Each act done in exercise of | ||||||
26 | those powers, duties, rights, and responsibilities shall have |
| |||||||
| |||||||
1 | the same legal effect as if done by the Department of Human | ||||||
2 | Services or its divisions, officers, or employees. | ||||||
3 | (g) Officers and others; duties; penalties. Every | ||||||
4 | employee, agent, or officer of the Department of Healthcare and | ||||||
5 | Family Services is subject to the same obligations and duties, | ||||||
6 | and has the same rights, as are prescribed by law in connection | ||||||
7 | with the exercise of any power, duty, right, or responsibility | ||||||
8 | transferred under this Section. | ||||||
9 | Every employee, agent, or officer of the Department of | ||||||
10 | Healthcare and Family Services is subject to the same penalty | ||||||
11 | or penalties, civil or criminal, as are prescribed by law for | ||||||
12 | the same offense by any employee, agent, or officer whose | ||||||
13 | powers, duties, rights, or responsibilities are transferred | ||||||
14 | under this Section. | ||||||
15 | (h) Reports, notices, or papers. Whenever reports or | ||||||
16 | notices are required to be made or given or papers or documents | ||||||
17 | furnished or served by any person to or upon the Department of | ||||||
18 | Human Services in connection with any of the functions relating | ||||||
19 | to alcoholism and substance abuse or mental health that are | ||||||
20 | transferred under this Section, the same shall be made, given, | ||||||
21 | furnished, or served in the same manner to or upon the | ||||||
22 | Department of Healthcare and Family Services. | ||||||
23 | (i) Acts and actions unaffected by transfer. This Section | ||||||
24 | does not affect any act completed, ratified, or canceled, or | ||||||
25 | any right occurring or established, before January 1, 2011 in | ||||||
26 | connection with any function transferred under this Section. |
| |||||||
| |||||||
1 | This Section does not affect any action or proceeding had or | ||||||
2 | commenced before January 1, 2011 in an administrative, civil, | ||||||
3 | or criminal cause regarding any function transferred under this | ||||||
4 | Section, but any such action or proceeding may be continued by | ||||||
5 | the Department of Healthcare and Family Services. | ||||||
6 | (j) For the purposes of the Successor Agency Act, the | ||||||
7 | Department of Healthcare and Family Services is declared to be | ||||||
8 | the successor agency of the Department of Human Services, but | ||||||
9 | only with respect to the functions that are transferred to the | ||||||
10 | Department of Healthcare and Family Services under this | ||||||
11 | Section.
| ||||||
12 | Section 900. The Public Employee Disability Act is amended | ||||||
13 | by changing Section 1 as follows:
| ||||||
14 | (5 ILCS 345/1) (from Ch. 70, par. 91)
| ||||||
15 | Sec. 1. Disability benefit.
| ||||||
16 | (a) For the purposes of this Section, "eligible employee" | ||||||
17 | means any
part-time or full-time State correctional officer or | ||||||
18 | any other full or
part-time employee of the Department of | ||||||
19 | Corrections, any full or part-time
employee of the Prisoner | ||||||
20 | Review Board, any full or part-time employee of the Department | ||||||
21 | of Healthcare and Family Services or the
Department of Human | ||||||
22 | Services working within a
penal institution or a State mental | ||||||
23 | health or developmental
disabilities facility operated by the | ||||||
24 | Department of Healthcare and Family Services or the Department |
| |||||||
| |||||||
1 | of Human Services, and any
full-time law enforcement officer or
| ||||||
2 | full-time firefighter who is employed by the State of Illinois, | ||||||
3 | any unit of
local government (including any home rule unit), | ||||||
4 | any State supported college or
university, or any other public | ||||||
5 | entity granted the power to employ persons for
such purposes by | ||||||
6 | law.
| ||||||
7 | (b) Whenever an eligible employee suffers any injury in the | ||||||
8 | line of duty
which causes him to be unable to perform his | ||||||
9 | duties, he shall continue to be
paid by the employing public | ||||||
10 | entity on the same basis as he was paid before the
injury, with | ||||||
11 | no deduction from his sick leave credits, compensatory time for
| ||||||
12 | overtime accumulations or vacation, or service credits in a | ||||||
13 | public employee
pension fund during the time he is unable to | ||||||
14 | perform his duties due to the
result of the injury, but not | ||||||
15 | longer than one year in relation to the same
injury. However, | ||||||
16 | no injury to an employee of the Department
of Corrections or
| ||||||
17 | the Prisoner Review Board working within a penal institution or | ||||||
18 | an employee of the Department of Healthcare and Family Services | ||||||
19 | or
the Department of Human Services working within a
| ||||||
20 | departmental mental health or developmental disabilities | ||||||
21 | facility shall
qualify the employee for benefits under this | ||||||
22 | Section unless the
injury is the
direct or indirect result of | ||||||
23 | violence by inmates of the penal institution or
residents of | ||||||
24 | the mental health or developmental
disabilities facility.
| ||||||
25 | (c) At any time during the period for which continuing | ||||||
26 | compensation
is required by this Act, the employing public |
| |||||||
| |||||||
1 | entity may order at the
expense of that entity physical or | ||||||
2 | medical examinations of the injured
person to determine the | ||||||
3 | degree of disability.
| ||||||
4 | (d) During this period of disability, the injured person | ||||||
5 | shall not
be employed in any other manner, with or without | ||||||
6 | monetary compensation.
Any person who is employed in violation | ||||||
7 | of this paragraph forfeits the
continuing compensation | ||||||
8 | provided by this Act from the time such
employment begins. Any | ||||||
9 | salary compensation due the injured person from
workers' | ||||||
10 | compensation or any salary due him from any type of insurance
| ||||||
11 | which may be carried by the employing public entity shall | ||||||
12 | revert to that
entity during the time for which continuing | ||||||
13 | compensation is paid to him
under this Act. Any disabled person | ||||||
14 | receiving compensation under the
provisions of this Act shall | ||||||
15 | not be entitled to any benefits for which
he would qualify | ||||||
16 | because of his disability under the provisions of the
Illinois | ||||||
17 | Pension Code.
| ||||||
18 | (e) Any employee of the State of Illinois, as defined in | ||||||
19 | Section 14-103.05
of the Illinois Pension Code, who becomes | ||||||
20 | permanently unable to perform the
duties of such employment due | ||||||
21 | to an injury received in the active performance
of his duties | ||||||
22 | as a State employee as a result of a willful act of violence by
| ||||||
23 | another employee of the State of Illinois, as so defined, | ||||||
24 | committed during such
other employee's course of employment and | ||||||
25 | after January 1, 1988, shall be
eligible for benefits pursuant | ||||||
26 | to the provisions of this Section. For purposes
of this |
| |||||||
| |||||||
1 | Section, permanently disabled is defined as a diagnosis or | ||||||
2 | prognosis of
an inability to return to current job duties by a | ||||||
3 | physician licensed to
practice medicine in all of its branches.
| ||||||
4 | (f) The compensation and other benefits provided to | ||||||
5 | part-time employees
covered by this Section shall be calculated | ||||||
6 | based on the percentage of time
the part-time employee was | ||||||
7 | scheduled to work pursuant to his or her status as
a part-time | ||||||
8 | employee.
| ||||||
9 | (g) Pursuant to paragraphs (h) and (i) of Section 6 of | ||||||
10 | Article VII of
the Illinois Constitution, this Act specifically | ||||||
11 | denies and limits the exercise
by home rule units of any power | ||||||
12 | which is inconsistent herewith, and all
existing laws and | ||||||
13 | ordinances which are inconsistent herewith are hereby
| ||||||
14 | superseded. This Act does not preempt the concurrent exercise | ||||||
15 | by home rule
units of powers consistent herewith.
| ||||||
16 | This Act does not apply to any home rule unit with a | ||||||
17 | population of over
1,000,000.
| ||||||
18 | (Source: P.A. 88-45; 89-507, eff. 7-1-97.)
| ||||||
19 | Section 905. The State Employee Indemnification Act is | ||||||
20 | amended by changing Sections 1 and 2 as follows:
| ||||||
21 | (5 ILCS 350/1) (from Ch. 127, par. 1301)
| ||||||
22 | Sec. 1. Definitions. For the purpose of this Act:
| ||||||
23 | (a) The term "State" means the State of Illinois, the | ||||||
24 | General
Assembly, the court, or any State office, department, |
| |||||||
| |||||||
1 | division, bureau,
board, commission, or committee, the | ||||||
2 | governing boards of the public
institutions of higher education | ||||||
3 | created by the State, the Illinois
National Guard, the | ||||||
4 | Comprehensive Health Insurance Board, any poison control
| ||||||
5 | center designated under the Poison Control System Act that | ||||||
6 | receives State
funding, or any other agency or instrumentality | ||||||
7 | of the State. It
does not mean any local public entity as that | ||||||
8 | term is defined in Section
1-206 of the Local Governmental and | ||||||
9 | Governmental Employees Tort Immunity
Act or a pension fund.
| ||||||
10 | (b) The term "employee" means any present or former elected | ||||||
11 | or
appointed officer, trustee or employee of the State, or of a | ||||||
12 | pension
fund,
any present or former commissioner or employee of | ||||||
13 | the Executive Ethics
Commission or of the Legislative Ethics | ||||||
14 | Commission, any present or former
Executive, Legislative, or | ||||||
15 | Auditor General's Inspector General, any present or
former | ||||||
16 | employee of an Office of an Executive, Legislative, or Auditor | ||||||
17 | General's
Inspector General, any present or former member of | ||||||
18 | the Illinois National
Guard
while on active duty, individuals | ||||||
19 | or organizations who contract with the
Department of | ||||||
20 | Corrections, the Comprehensive Health Insurance Board, or the
| ||||||
21 | Department of Veterans' Affairs to provide services, | ||||||
22 | individuals or
organizations who contract with the Department | ||||||
23 | of Healthcare and Family Services or the Department of Human | ||||||
24 | Services (as
successor to the Department of Mental Health and | ||||||
25 | Developmental
Disabilities) to provide services including but | ||||||
26 | not limited to treatment and
other services for sexually |
| |||||||
| |||||||
1 | violent persons, individuals or organizations who
contract | ||||||
2 | with the Department of
Military
Affairs for youth programs, | ||||||
3 | individuals or
organizations who contract to perform carnival | ||||||
4 | and amusement ride safety
inspections for the Department of | ||||||
5 | Labor, individual representatives of or
designated | ||||||
6 | organizations authorized to represent the Office of State | ||||||
7 | Long-Term
Ombudsman for the Department on Aging, individual | ||||||
8 | representatives of or
organizations designated by the | ||||||
9 | Department on Aging in the performance of their
duties as elder | ||||||
10 | abuse provider agencies or regional administrative agencies
| ||||||
11 | under the Elder Abuse and Neglect Act, individuals or | ||||||
12 | organizations who perform
volunteer services for the State | ||||||
13 | where such volunteer relationship is reduced
to writing, | ||||||
14 | individuals who serve on any public entity (whether created by | ||||||
15 | law
or administrative action) described in paragraph (a) of | ||||||
16 | this Section,
individuals or not for profit organizations who, | ||||||
17 | either as volunteers, where
such volunteer relationship is | ||||||
18 | reduced to writing, or pursuant to contract,
furnish | ||||||
19 | professional advice or consultation to any agency or | ||||||
20 | instrumentality of
the State, individuals who serve as foster | ||||||
21 | parents for the Department of
Children and Family Services when | ||||||
22 | caring for a Department ward, and individuals
who serve as | ||||||
23 | arbitrators pursuant to Part 10A of
Article II of the Code of | ||||||
24 | Civil Procedure and the rules of the Supreme Court
implementing | ||||||
25 | Part 10A, each as now or hereafter amended, but does not mean | ||||||
26 | an
independent contractor except as provided in this Section. |
| |||||||
| |||||||
1 | The term includes an
individual appointed as an inspector by | ||||||
2 | the Director of State Police when
performing duties within the | ||||||
3 | scope of the activities of a Metropolitan
Enforcement Group or | ||||||
4 | a law enforcement organization established under the
| ||||||
5 | Intergovernmental Cooperation Act. An individual who renders | ||||||
6 | professional
advice and consultation to the State through an | ||||||
7 | organization which qualifies as
an "employee" under the Act is | ||||||
8 | also an employee. The term includes the estate
or personal | ||||||
9 | representative of an employee.
| ||||||
10 | (c) The term "pension fund" means a retirement system or | ||||||
11 | pension
fund created under the Illinois Pension Code.
| ||||||
12 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
13 | (5 ILCS 350/2) (from Ch. 127, par. 1302)
| ||||||
14 | Sec. 2. Representation and indemnification of State | ||||||
15 | employees.
| ||||||
16 | (a) In the event that any civil proceeding is commenced | ||||||
17 | against any
State employee arising out of any act
or omission | ||||||
18 | occurring within the scope of the employee's State employment,
| ||||||
19 | the Attorney General shall, upon timely and appropriate notice | ||||||
20 | to him by
such employee, appear on behalf of such employee and | ||||||
21 | defend
the action. In the event that any civil proceeding
is | ||||||
22 | commenced against any physician who is an employee of the | ||||||
23 | Department
of Corrections , the Department of Healthcare and | ||||||
24 | Family Services (in a position relating to
the Department's | ||||||
25 | mental health functions), or the Department of Human Services |
| |||||||
| |||||||
1 | (in a position relating to
the Department's mental health or | ||||||
2 | and developmental disabilities functions)
alleging death or | ||||||
3 | bodily injury or other injury to the person
of the complainant | ||||||
4 | resulting from and arising out of any act or omission
occurring | ||||||
5 | on or after December 3, 1977 within the scope of the employee's
| ||||||
6 | State employment, or against any physician who is an employee | ||||||
7 | of the
Department of Veterans' Affairs alleging death or bodily | ||||||
8 | injury or other
injury to the person of the complainant | ||||||
9 | resulting from and arising out of
any act or omission occurring | ||||||
10 | on or after the effective date of this
amendatory Act of 1988 | ||||||
11 | within the scope of the employee's State
employment, or in the | ||||||
12 | event that any civil proceeding is commenced
against any | ||||||
13 | attorney who is an employee of the State Appellate Defender
| ||||||
14 | alleging legal malpractice or for other damages resulting from | ||||||
15 | and arising
out of any legal act or omission occurring on or | ||||||
16 | after December 3, 1977,
within the scope of the employee's | ||||||
17 | State employment,
or in the event that any civil proceeding is | ||||||
18 | commenced against any
individual or organization who contracts | ||||||
19 | with the Department of Labor to
provide services as a carnival | ||||||
20 | and amusement ride safety inspector alleging
malpractice, | ||||||
21 | death or bodily injury or other injury to the person arising
| ||||||
22 | out of any act or omission occurring on or after May 1, 1985, | ||||||
23 | within the
scope of that employee's State employment, the | ||||||
24 | Attorney General shall, upon
timely and appropriate notice to | ||||||
25 | him by such employee, appear on behalf of
such employee and | ||||||
26 | defend the action. Any such notice shall be in
writing, shall |
| |||||||
| |||||||
1 | be mailed within 15 days after the date of receipt by the
| ||||||
2 | employee of service of process, and shall authorize the | ||||||
3 | Attorney General
to represent and defend the employee in the | ||||||
4 | proceeding. The giving of
this notice to the Attorney General | ||||||
5 | shall constitute an agreement by the
State employee to | ||||||
6 | cooperate with the Attorney General in his defense of
the | ||||||
7 | action and a consent that the Attorney General shall conduct | ||||||
8 | the
defense as he deems advisable and in the best interests of | ||||||
9 | the employee,
including settlement in the Attorney General's | ||||||
10 | discretion. In any such
proceeding, the State shall pay the | ||||||
11 | court costs and litigation expenses
of defending such action, | ||||||
12 | to the extent approved by the Attorney General
as reasonable, | ||||||
13 | as they are incurred.
| ||||||
14 | (b) In the event that the Attorney General determines that | ||||||
15 | so
appearing and defending an employee either (1) involves an | ||||||
16 | actual or
potential conflict of interest, or (2) that the act | ||||||
17 | or omission which
gave rise to the claim was not within the | ||||||
18 | scope of the employee's State
employment or was intentional, | ||||||
19 | wilful or wanton misconduct, the Attorney
General shall decline | ||||||
20 | in writing to appear or defend or shall promptly
take | ||||||
21 | appropriate action to withdraw as attorney for such employee. | ||||||
22 | Upon
receipt of such declination or upon such withdrawal by the | ||||||
23 | Attorney
General on the basis of an actual or potential | ||||||
24 | conflict of interest, the
State employee may employ his own | ||||||
25 | attorney to appear and defend, in
which event the State shall | ||||||
26 | pay the employee's court costs, litigation
expenses and |
| |||||||
| |||||||
1 | attorneys' fees to the extent approved by the Attorney
General | ||||||
2 | as reasonable, as they are incurred. In the event that the
| ||||||
3 | Attorney General declines to appear or withdraws on the grounds | ||||||
4 | that the
act or omission was not within the scope of | ||||||
5 | employment, or was
intentional, wilful or wanton misconduct, | ||||||
6 | and a court or jury finds that
the act or omission of the State | ||||||
7 | employee was within the scope of
employment and was not | ||||||
8 | intentional, wilful or wanton misconduct, the
State shall | ||||||
9 | indemnify the State employee for any damages awarded and
court | ||||||
10 | costs and attorneys' fees assessed as part of any final and
| ||||||
11 | unreversed judgment. In such event the State shall also pay the
| ||||||
12 | employee's court costs, litigation expenses and attorneys' | ||||||
13 | fees to the
extent approved by the Attorney General as | ||||||
14 | reasonable.
| ||||||
15 | In the event that the defendant in the proceeding is an | ||||||
16 | elected State
official, including members of the General | ||||||
17 | Assembly, the elected State
official may retain his or her | ||||||
18 | attorney, provided that said attorney
shall be reasonably | ||||||
19 | acceptable to the Attorney General. In such case
the State | ||||||
20 | shall pay the elected State official's court costs, litigation
| ||||||
21 | expenses, and attorneys' fees, to the extent approved by the | ||||||
22 | Attorney
General as reasonable, as they are incurred.
| ||||||
23 | (b-5) The Attorney General may file a counterclaim on | ||||||
24 | behalf of a State
employee, provided:
| ||||||
25 | (1) the Attorney General determines that the State | ||||||
26 | employee is entitled to
representation in a civil action |
| |||||||
| |||||||
1 | under this Section;
| ||||||
2 | (2) the counterclaim arises out of any act or omission | ||||||
3 | occurring within
the scope of the employee's State | ||||||
4 | employment that is the subject of the civil
action; and
| ||||||
5 | (3) the employee agrees in writing that if judgment is | ||||||
6 | entered in favor of
the employee, the amount of the | ||||||
7 | judgment shall be applied to offset any
judgment that may | ||||||
8 | be entered in favor of the plaintiff, and then to reimburse
| ||||||
9 | the State treasury for court costs and litigation expenses | ||||||
10 | required to pursue
the counterclaim. The balance of the | ||||||
11 | collected judgment shall be paid to the
State employee.
| ||||||
12 | (c) Notwithstanding any other provision of this Section,
| ||||||
13 | representation and indemnification of a judge under this Act | ||||||
14 | shall also be
provided in any case where the plaintiff seeks | ||||||
15 | damages or any equitable
relief as a result of any decision, | ||||||
16 | ruling or order of a judge made in the
course of his or her | ||||||
17 | judicial or administrative duties, without regard to
the theory | ||||||
18 | of recovery employed by the plaintiff. Indemnification shall be
| ||||||
19 | for all damages awarded and all court costs, attorney fees and | ||||||
20 | litigation
expenses assessed against the judge. When a judge | ||||||
21 | has been convicted of a
crime as a result of his or her | ||||||
22 | intentional judicial misconduct in a trial,
that judge shall | ||||||
23 | not be entitled to indemnification and representation
under | ||||||
24 | this subsection in any case maintained by a party who seeks | ||||||
25 | damages
or other equitable relief as a direct result of
the | ||||||
26 | judge's intentional judicial misconduct.
|
| |||||||
| |||||||
1 | (d) In any such proceeding where notice in accordance with | ||||||
2 | this Section
has been given to the Attorney
General, unless the | ||||||
3 | court or jury finds that the
conduct or inaction which gave | ||||||
4 | rise to the claim or cause of action was
intentional, wilful or | ||||||
5 | wanton misconduct and was not intended to serve
or benefit | ||||||
6 | interests of the State, the State shall indemnify the State
| ||||||
7 | employee for any damages awarded and court costs and attorneys' | ||||||
8 | fees
assessed as part of any final and unreversed judgment, or | ||||||
9 | shall pay such
judgment. Unless the
Attorney General determines | ||||||
10 | that the conduct or inaction which gave rise
to the claim or | ||||||
11 | cause of action was intentional, wilful or wanton
misconduct | ||||||
12 | and was not intended to serve or benefit interests of the
| ||||||
13 | State, the case may be settled, in the Attorney General's | ||||||
14 | discretion and
with the employee's consent,
and the State shall | ||||||
15 | indemnify the employee for any damages, court costs
and | ||||||
16 | attorneys' fees agreed to as part of the settlement, or shall | ||||||
17 | pay
such settlement. Where the
employee is represented by | ||||||
18 | private counsel, any settlement must be so
approved by the | ||||||
19 | Attorney General and the court having jurisdiction,
which shall | ||||||
20 | obligate the State to indemnify the employee.
| ||||||
21 | (e) (i) Court costs and litigation expenses and other costs | ||||||
22 | of providing a
defense or counterclaim, including attorneys' | ||||||
23 | fees obligated under this
Section, shall be paid from the State | ||||||
24 | Treasury on the warrant of the
Comptroller out of | ||||||
25 | appropriations made to the Department of Central Management
| ||||||
26 | Services specifically designed for the payment of costs, fees |
| |||||||
| |||||||
1 | and expenses
covered by this Section.
| ||||||
2 | (ii) Upon entry of a final judgment against the employee, | ||||||
3 | or upon the
settlement of the claim, the employee shall cause | ||||||
4 | to be served a copy of
such judgment or settlement, personally | ||||||
5 | or by certified or registered mail
within thirty days of the | ||||||
6 | date of entry or settlement, upon the chief
administrative | ||||||
7 | officer of the department, office or agency in which he is
| ||||||
8 | employed. If not inconsistent with the provisions of this | ||||||
9 | Section, such
judgment or settlement shall be certified for | ||||||
10 | payment by such chief
administrative officer and by the | ||||||
11 | Attorney General. The judgment or
settlement shall be paid from | ||||||
12 | the State Treasury on the warrant of the
Comptroller out of | ||||||
13 | appropriations made to the Department of Central
Management | ||||||
14 | Services specifically designed for the payment of claims | ||||||
15 | covered
by this Section.
| ||||||
16 | (f) Nothing contained or implied in this Section shall
| ||||||
17 | operate, or be construed or applied, to deprive the State, or | ||||||
18 | any employee
thereof, of any defense heretofore available.
| ||||||
19 | (g) This Section shall apply regardless of whether the
| ||||||
20 | employee is sued in his or her individual or official capacity.
| ||||||
21 | (h) This Section shall not apply to claims for bodily | ||||||
22 | injury or
damage to property arising from motor vehicle | ||||||
23 | accidents.
| ||||||
24 | (i) This Section shall apply to all proceedings filed on or
| ||||||
25 | after its effective date, and to any proceeding pending on its | ||||||
26 | effective
date, if the State employee gives notice to the |
| |||||||
| |||||||
1 | Attorney General as
provided in this Section within 30 days of | ||||||
2 | the Act's effective date.
| ||||||
3 | (j) The amendatory changes made to this Section by this | ||||||
4 | amendatory Act of
1986 shall apply to all proceedings filed on | ||||||
5 | or after the effective date of
this amendatory Act of 1986 and | ||||||
6 | to any proceeding pending on its effective
date, if the State | ||||||
7 | employee gives notice to the Attorney General as provided
in | ||||||
8 | this Section within 30 days of the effective date of this | ||||||
9 | amendatory Act
of 1986.
| ||||||
10 | (k) This Act applies to all State officials who are serving | ||||||
11 | as trustees,
or their appointing authorities, of
a clean energy | ||||||
12 | community trust or as members of a not-for-profit foundation or
| ||||||
13 | corporation established pursuant to Section
16-111.1 of the | ||||||
14 | Public Utilities Act.
| ||||||
15 | (Source: P.A. 90-655, eff. 7-30-98; 91-781, eff. 6-9-00.)
| ||||||
16 | Section 910. The Civil Administrative Code of Illinois is | ||||||
17 | amended by changing Sections 1-5 and 5-545 as follows:
| ||||||
18 | (20 ILCS 5/1-5)
| ||||||
19 | Sec. 1-5. Articles. The Civil Administrative Code of | ||||||
20 | Illinois consists
of the following Articles:
| ||||||
21 | Article 1. General Provisions (20 ILCS 5/1-1 and | ||||||
22 | following).
| ||||||
23 | Article 5. Departments of State Government Law (20 ILCS | ||||||
24 | 5/5-1 and following).
|
| |||||||
| |||||||
1 | Article 50. State Budget Law (15 ILCS 20/).
| ||||||
2 | Article 110. Department on Aging Law (20 ILCS 110/).
| ||||||
3 | Article 205. Department of Agriculture Law (20 ILCS 205/).
| ||||||
4 | Article 250. State Fair Grounds Title Law (5 ILCS 620/).
| ||||||
5 | Article 310. Department of Healthcare and Family Services | ||||||
6 | Human Services (Alcoholism and Substance Abuse)
Law (20 ILCS | ||||||
7 | 310/).
| ||||||
8 | Article 405. Department of Central Management Services Law | ||||||
9 | (20 ILCS 405/).
| ||||||
10 | Article 510. Department of Children and Family Services | ||||||
11 | Powers Law (20 ILCS
510/).
| ||||||
12 | Article 605. Department of Commerce and Economic | ||||||
13 | Opportunity Law (20 ILCS 605/).
| ||||||
14 | Article 805. Department of Natural Resources | ||||||
15 | (Conservation) Law (20 ILCS
805/).
| ||||||
16 | Article 1005. Department of Employment Security Law (20 | ||||||
17 | ILCS 1005/).
| ||||||
18 | Article 1405. Department of Insurance Law (20 ILCS 1405/).
| ||||||
19 | Article 1505. Department of Labor Law (20 ILCS 1505/).
| ||||||
20 | Article 1710. Departments of Healthcare and Family | ||||||
21 | Services (Mental Health) and Department of Human Services | ||||||
22 | ( Mental Health and Developmental
Disabilities) Law (20 ILCS | ||||||
23 | 1710/).
| ||||||
24 | Article 1905. Department of Natural Resources (Mines and | ||||||
25 | Minerals) Law (20
ILCS
1905/).
| ||||||
26 | Article 2105. Department of Professional Regulation Law |
| |||||||
| |||||||
1 | (20 ILCS 2105/).
| ||||||
2 | Article 2205. Department of Healthcare and Family Services | ||||||
3 | Law (20 ILCS 2205/).
| ||||||
4 | Article 2310. Department of Public Health Powers and Duties | ||||||
5 | Law (20 ILCS
2310/).
| ||||||
6 | Article 2505. Department of Revenue Law (20 ILCS 2505/).
| ||||||
7 | Article 2510. Certified Audit Program Law (20 ILCS 2510/).
| ||||||
8 | Article 2605. Department of State Police Law (20 ILCS | ||||||
9 | 2605/).
| ||||||
10 | Article 2705. Department of Transportation Law (20 ILCS | ||||||
11 | 2705/).
| ||||||
12 | Article 3000. University of Illinois Exercise of Functions | ||||||
13 | and Duties Law
(110 ILCS 355/).
| ||||||
14 | (Source: P.A. 95-331, eff. 8-21-07; 96-328, eff. 8-11-09.)
| ||||||
15 | (20 ILCS 5/5-545) (was 20 ILCS 5/6.04)
| ||||||
16 | Sec. 5-545. In the Department of Healthcare and Family | ||||||
17 | Services and the Department of Human Services. A
Psychiatric | ||||||
18 | Advisory
Council appointed jointly by and
at the discretion of | ||||||
19 | the Director of Healthcare and Family Services and the
| ||||||
20 | Secretary of Human Services, consisting of representatives | ||||||
21 | from the
several schools and institutes in Illinois conducting | ||||||
22 | programs of
psychiatric training, which shall advise each the | ||||||
23 | Department with respect to its
policies and programs relating | ||||||
24 | to mental health or developmental
disabilities. The members | ||||||
25 | shall serve for the terms that the Director and
the
Secretary |
| |||||||
| |||||||
1 | shall designate.
| ||||||
2 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
3 | Section 915. The Alcoholism and Other Drug Abuse and | ||||||
4 | Dependency Act is amended by changing Sections 1-10, 5-5, 5-10, | ||||||
5 | 5-23, 10-10, 10-15, 10-25, 10-30, 10-55, 10-60, 45-5, 45-35, | ||||||
6 | 45-45, 45-55, and 55-25 as follows:
| ||||||
7 | (20 ILCS 301/1-10)
| ||||||
8 | Sec. 1-10. Definitions. As used in this Act, unless the | ||||||
9 | context clearly
indicates otherwise, the following words and | ||||||
10 | terms have the following meanings:
| ||||||
11 | "Act" means the Alcoholism and Other Drug Abuse and | ||||||
12 | Dependency Act.
| ||||||
13 | "Addict" means a person who exhibits the disease known as | ||||||
14 | "addiction".
| ||||||
15 | "Addiction" means a disease process characterized by the | ||||||
16 | continued use of a
specific psycho-active substance despite | ||||||
17 | physical, psychological or social
harm. The term also describes | ||||||
18 | the advanced stages of chemical dependency.
| ||||||
19 | "Administrator" means a person responsible for | ||||||
20 | administration of a program.
| ||||||
21 | "Alcoholic" means a person who exhibits the disease known | ||||||
22 | as "alcoholism".
| ||||||
23 | "Alcoholism" means a chronic and progressive disease or | ||||||
24 | illness
characterized by preoccupation with and loss of control |
| |||||||
| |||||||
1 | over the consumption of
alcohol, and the use of alcohol despite | ||||||
2 | adverse consequences. Typically,
combinations of the following | ||||||
3 | tendencies are also present: periodic or chronic
intoxication; | ||||||
4 | physical disability; impaired emotional, occupational or | ||||||
5 | social
adjustment; tendency toward relapse; a detrimental | ||||||
6 | effect on the individual,
his family and society; psychological | ||||||
7 | dependence; and physical dependence.
Alcoholism is also known | ||||||
8 | as addiction to alcohol. Alcoholism is described and
further | ||||||
9 | categorized in clinical detail in the DSM and the ICD.
| ||||||
10 | "Array of services" means assistance to individuals, | ||||||
11 | families and communities
in response to alcohol or other drug | ||||||
12 | abuse or dependency. The array of
services includes, but is not | ||||||
13 | limited to: prevention assistance for communities
and schools; | ||||||
14 | case finding, assessment and intervention to help individuals | ||||||
15 | stop
abusing alcohol or other drugs; case management; | ||||||
16 | detoxification to aid
individuals in physically withdrawing | ||||||
17 | from alcohol or other drugs; short-term
and long-term treatment | ||||||
18 | and support services to help individuals and family
members | ||||||
19 | begin the process of recovery; prescription and dispensing of | ||||||
20 | the drug
methadone or other medications as an adjunct to | ||||||
21 | treatment; relapse prevention
services; education and | ||||||
22 | counseling for children or other co-dependents of
alcoholics or | ||||||
23 | other drug abusers or addicts.
| ||||||
24 | "Case management" means those services which will assist | ||||||
25 | individuals in
gaining access to needed social, educational, | ||||||
26 | medical, treatment and other
services.
|
| |||||||
| |||||||
1 | "Children of alcoholics or drug addicts or abusers of | ||||||
2 | alcohol and other
drugs" means the minor or adult children of | ||||||
3 | individuals who have abused or been
dependent upon alcohol or | ||||||
4 | other drugs. These children may or may not become
dependent | ||||||
5 | upon alcohol or other drugs themselves; however, they are | ||||||
6 | physically,
psychologically, and behaviorally at high risk of | ||||||
7 | developing the illness.
Children of alcoholics and other drug | ||||||
8 | abusers experience emotional and other
problems, and benefit | ||||||
9 | from prevention and treatment services provided by funded
and | ||||||
10 | non-funded agencies licensed by the Department.
| ||||||
11 | "Co-dependents" means individuals who are involved in the | ||||||
12 | lives of and are
affected by people who are dependent upon | ||||||
13 | alcohol and other drugs.
Co-dependents compulsively engage in | ||||||
14 | behaviors that cause them to suffer
adverse physical, | ||||||
15 | emotional, familial, social, behavioral, vocational, and
legal | ||||||
16 | consequences as they attempt to cope with the alcohol or drug | ||||||
17 | dependent
person. People who become co-dependents include | ||||||
18 | spouses, parents, siblings,
and friends of alcohol or drug | ||||||
19 | dependent people. Co-dependents benefit from
prevention and | ||||||
20 | treatment services provided by agencies licensed by the
| ||||||
21 | Department.
| ||||||
22 | "Controlled substance" means any substance or immediate | ||||||
23 | precursor which is
enumerated in the schedules of Article II of | ||||||
24 | the Illinois Controlled Substances
Act or the Cannabis Control | ||||||
25 | Act.
| ||||||
26 | "Crime of violence" means any of the following crimes: |
| |||||||
| |||||||
1 | murder, voluntary
manslaughter, criminal sexual assault, | ||||||
2 | aggravated criminal sexual assault,
predatory criminal sexual | ||||||
3 | assault of a child,
armed robbery, robbery, arson, kidnapping, | ||||||
4 | aggravated battery, aggravated
arson, or any
other felony which | ||||||
5 | involves the use or threat of physical force or violence
| ||||||
6 | against another individual.
| ||||||
7 | Before January 1, 2011, "Department" means the Illinois | ||||||
8 | Department of Human Services as successor to
the former | ||||||
9 | Department of Alcoholism and Substance Abuse. On and after | ||||||
10 | January 1, 2011, "Department" means the Department of | ||||||
11 | Healthcare and Family Services.
| ||||||
12 | "Designated program" means a program designated by the | ||||||
13 | Department to provide
services described in subsection (c) or | ||||||
14 | (d) of Section 15-10 of this Act.
A
designated program's | ||||||
15 | primary function is screening, assessing, referring and
| ||||||
16 | tracking clients identified by the criminal justice system, and | ||||||
17 | the program
agrees to apply statewide the standards, uniform | ||||||
18 | criteria and procedures
established by the Department pursuant | ||||||
19 | to such designation.
| ||||||
20 | "Detoxification" means the process of allowing an | ||||||
21 | individual to safely
withdraw from a drug in a controlled | ||||||
22 | environment.
| ||||||
23 | "Director" means the Director of Healthcare and Family | ||||||
24 | Services or his or her designee. | ||||||
25 | "DSM" means the most current edition of the Diagnostic and | ||||||
26 | Statistical
Manual of Mental Disorders.
|
| |||||||
| |||||||
1 | "D.U.I." means driving under the influence of alcohol or | ||||||
2 | other substances
which may cause impairment of driving ability.
| ||||||
3 | "Facility" means the building or premises which are used | ||||||
4 | for the provision
of licensable program services, including | ||||||
5 | support services, as set forth by
rule.
| ||||||
6 | "ICD" means the most current edition of the International | ||||||
7 | Classification of
Diseases.
| ||||||
8 | "Incapacitated" means that a person is unconscious or | ||||||
9 | otherwise exhibits, by
overt behavior or by extreme physical | ||||||
10 | debilitation, an inability to care for
his own needs or to | ||||||
11 | recognize the obvious danger of his situation or to make
| ||||||
12 | rational decisions with respect to his need for treatment.
| ||||||
13 | "Intermediary person" means a person with expertise | ||||||
14 | relative to addiction,
alcoholism, and the abuse of alcohol or | ||||||
15 | other drugs who may be called on to
assist the police in | ||||||
16 | carrying out enforcement or other activities with respect
to | ||||||
17 | persons who abuse or are dependent on alcohol or other drugs.
| ||||||
18 | "Intervention" means readily accessible activities which | ||||||
19 | assist individuals
and their partners or family members in | ||||||
20 | coping with the immediate problems of
alcohol and other drug | ||||||
21 | abuse or dependency, and in reducing their alcohol and
other | ||||||
22 | drug use. Intervention can facilitate emotional and social | ||||||
23 | stability, and
involves referring people for further treatment | ||||||
24 | as needed.
| ||||||
25 | "Intoxicated person" means a person whose mental or | ||||||
26 | physical functioning is
substantially impaired as a result of |
| |||||||
| |||||||
1 | the current effects of alcohol or other
drugs within the body.
| ||||||
2 | "Local advisory council" means an alcohol and substance | ||||||
3 | abuse body
established in a county, township or community area, | ||||||
4 | which represents public
and private entities having an interest | ||||||
5 | in the prevention and treatment of
alcoholism or other drug | ||||||
6 | abuse.
| ||||||
7 | "Off-site services" means licensable program services or | ||||||
8 | activities which are
conducted at a location separate from the | ||||||
9 | primary service location of the
provider, and which services | ||||||
10 | are operated by a program or entity licensed under
this Act.
| ||||||
11 | "Person" means any individual, firm, group, association, | ||||||
12 | partnership,
corporation, trust, government or governmental | ||||||
13 | subdivision or agency.
| ||||||
14 | "Prevention" means an interactive process of individuals, | ||||||
15 | families, schools,
religious organizations, communities and | ||||||
16 | regional, state and national
organizations to reduce | ||||||
17 | alcoholism, prevent the use of illegal drugs and the
abuse of | ||||||
18 | legal drugs by persons of all ages, prevent the use of alcohol | ||||||
19 | by
minors, build the capacities of individuals and systems, and | ||||||
20 | promote healthy
environments, lifestyles and behaviors.
| ||||||
21 | "Program" means a licensable or fundable activity or | ||||||
22 | service, or a
coordinated range of such activities or services, | ||||||
23 | as the Department may
establish by rule.
| ||||||
24 | "Recovery" means the long-term, often life-long, process | ||||||
25 | in which an addicted
person changes the way in which he makes | ||||||
26 | decisions and establishes personal and
life priorities. The |
| |||||||
| |||||||
1 | evolution of this decision-making and priority-setting
process | ||||||
2 | is generally manifested by an obvious improvement in the | ||||||
3 | individual's
life and lifestyle and by his overcoming the abuse | ||||||
4 | of or
dependence on alcohol or other drugs. Recovery is also | ||||||
5 | generally manifested by
prolonged periods of abstinence from | ||||||
6 | addictive chemicals which are not
medically supervised. | ||||||
7 | Recovery is the goal of treatment.
| ||||||
8 | "Rehabilitation" means a process whereby those clinical | ||||||
9 | services necessary
and appropriate for improving an | ||||||
10 | individual's life and lifestyle and for
overcoming his or her | ||||||
11 | abuse of or dependency upon alcohol or other drugs, or
both, | ||||||
12 | are delivered in an appropriate setting and manner as defined | ||||||
13 | in rules
established by the Department.
| ||||||
14 | "Relapse" means a process which is manifested by a | ||||||
15 | progressive pattern of
behavior that reactivates the symptoms | ||||||
16 | of a disease or creates debilitating
conditions in an | ||||||
17 | individual who has experienced remission from addiction or
| ||||||
18 | alcoholism.
| ||||||
19 | "Secretary" means the Secretary of Human Services or his or | ||||||
20 | her designee.
| ||||||
21 | "Substance abuse" or "abuse" means a pattern of use of | ||||||
22 | alcohol or other drugs
with the potential of leading to | ||||||
23 | immediate functional problems or to alcoholism
or other drug | ||||||
24 | dependency, or to the use of alcohol and/or other drugs solely
| ||||||
25 | for purposes of intoxication. The term also means the use of | ||||||
26 | illegal drugs by
persons of any age, and the use of alcohol by |
| |||||||
| |||||||
1 | persons under the age of 21.
| ||||||
2 | "Treatment" means the broad range of emergency, | ||||||
3 | outpatient, intermediate
and residential services and care | ||||||
4 | (including assessment, diagnosis, medical,
psychiatric, | ||||||
5 | psychological and social services, care and counseling, and
| ||||||
6 | aftercare) which may be extended to individuals who abuse or | ||||||
7 | are dependent
on alcohol or other drugs or families of those | ||||||
8 | persons.
| ||||||
9 | (Source: P.A. 89-202, eff. 7-21-95; 89-428, eff. 12-13-95; | ||||||
10 | 89-462, eff.
5-29-96; 89-507, eff. 7-1-97; 90-14, eff. 7-1-97; | ||||||
11 | 90-135, eff. 7-22-97.)
| ||||||
12 | (20 ILCS 301/5-5)
| ||||||
13 | Sec. 5-5. Successor department; home rule.
| ||||||
14 | (a) The Department of Human Services, as successor to the | ||||||
15 | Department of
Alcoholism and Substance Abuse, shall
assume the | ||||||
16 | various rights, powers, duties, and functions provided for in
| ||||||
17 | this Act until January 1, 2011. On and after January 1, 2011, | ||||||
18 | the Department of Healthcare and Family Services, as successor | ||||||
19 | to the Department of
Human Services with respect to matters | ||||||
20 | relating to alcoholism and substance abuse, shall assume those | ||||||
21 | rights, powers, duties, and functions .
| ||||||
22 | (a-5) On and after January 1, 2011, the Director of | ||||||
23 | Healthcare and Family Services shall exercise all of the | ||||||
24 | powers, duties, rights, and responsibilities with respect to | ||||||
25 | the functions under this Act that are transferred to the |
| |||||||
| |||||||
1 | Department of Healthcare and Family Services on that date under | ||||||
2 | Section 2205-15 of the Department of Healthcare and Family | ||||||
3 | Services Law of the Civil Administrative Code of Illinois. | ||||||
4 | (b) It is declared to be the public policy of this State, | ||||||
5 | pursuant to
paragraphs (h) and (i) of Section 6 of Article VII | ||||||
6 | of the Illinois Constitution
of 1970, that the powers and | ||||||
7 | functions set forth in this Act and expressly
delegated to the | ||||||
8 | Department
are exclusive State powers and functions. Nothing | ||||||
9 | herein prohibits the
exercise of any power or the performance | ||||||
10 | of any function, including the power
to regulate, for the | ||||||
11 | protection of the public health, safety, morals and
welfare, by | ||||||
12 | any unit of local government, other than the powers and | ||||||
13 | functions
set forth in this Act and expressly delegated to the | ||||||
14 | Department to be exclusive
State powers and functions.
| ||||||
15 | (c) The Department shall, through accountable and | ||||||
16 | efficient leadership,
example and commitment to excellence, | ||||||
17 | strive to reduce the incidence and
consequences of the abuse of | ||||||
18 | alcohol and other drugs by:
| ||||||
19 | (1) fostering public understanding of alcoholism and | ||||||
20 | addiction as
illnesses which affect individuals, | ||||||
21 | co-dependents, families and
communities.
| ||||||
22 | (2) promoting healthy lifestyles.
| ||||||
23 | (3) promoting understanding and support for sound | ||||||
24 | public policies.
| ||||||
25 | (4) ensuring quality prevention, intervention and | ||||||
26 | treatment programs and
services which are accessible and |
| |||||||
| |||||||
1 | responsive to the diverse needs of
individuals, families | ||||||
2 | and communities.
| ||||||
3 | (Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff. | ||||||
4 | 7-1-97.)
| ||||||
5 | (20 ILCS 301/5-10)
| ||||||
6 | Sec. 5-10. Functions of the Department.
| ||||||
7 | (a) In addition to the powers, duties and functions vested | ||||||
8 | in the Department
by this Act, or by other laws of this State, | ||||||
9 | the Department shall carry out the
following activities:
| ||||||
10 | (1) Design, coordinate and fund a comprehensive and | ||||||
11 | coordinated
community-based and culturally and | ||||||
12 | gender-appropriate array of services
throughout the State | ||||||
13 | for the prevention, intervention, treatment and
| ||||||
14 | rehabilitation of alcohol and other drug abuse and | ||||||
15 | dependency that is
accessible and addresses the needs of | ||||||
16 | at-risk or addicted individuals and their
families.
| ||||||
17 | (2) Act as the exclusive State agency to accept, | ||||||
18 | receive and expend,
pursuant to appropriation, any public | ||||||
19 | or private monies, grants or services,
including those | ||||||
20 | received from the federal government or from other State
| ||||||
21 | agencies, for the purpose of providing an array of services | ||||||
22 | for the prevention,
intervention, treatment and | ||||||
23 | rehabilitation of alcoholism or other drug abuse or
| ||||||
24 | dependency. Monies received by the Department shall be | ||||||
25 | deposited into
appropriate funds as may be created by State |
| |||||||
| |||||||
1 | law or administrative action.
| ||||||
2 | (3) Coordinate a statewide strategy among State | ||||||
3 | agencies for the
prevention, intervention, treatment and | ||||||
4 | rehabilitation of alcohol and other
drug abuse and | ||||||
5 | dependency. This strategy shall include the development of | ||||||
6 | an
annual comprehensive State plan for the provision of an | ||||||
7 | array of services for
education, prevention, intervention, | ||||||
8 | treatment, relapse prevention and other
services and | ||||||
9 | activities to alleviate alcoholism and other drug abuse and
| ||||||
10 | dependency. The plan shall be based on local | ||||||
11 | community-based needs and upon
data including, but not | ||||||
12 | limited to, that which defines the prevalence of and
costs | ||||||
13 | associated with the abuse of and dependency upon alcohol | ||||||
14 | and other drugs.
This comprehensive State plan shall | ||||||
15 | include identification of problems, needs,
priorities, | ||||||
16 | services and other pertinent information, including the | ||||||
17 | needs of
minorities and other specific populations in the | ||||||
18 | State, and shall describe how
the identified problems and | ||||||
19 | needs will be addressed. For purposes of this
paragraph, | ||||||
20 | the term "minorities and other specific populations" may | ||||||
21 | include,
but shall not be limited to, groups such as women, | ||||||
22 | children, intravenous drug
users, persons with AIDS or who | ||||||
23 | are HIV infected, African-Americans, Puerto
Ricans, | ||||||
24 | Hispanics, Asian Americans, the elderly, persons in the | ||||||
25 | criminal
justice system, persons who are clients of | ||||||
26 | services provided by other State
agencies, persons with |
| |||||||
| |||||||
1 | disabilities and such other specific populations as the
| ||||||
2 | Department may from time to time identify. In developing | ||||||
3 | the plan, the
Department shall seek input from providers, | ||||||
4 | parent groups, associations and
interested citizens.
| ||||||
5 | Beginning with State fiscal year 1996, the annual | ||||||
6 | comprehensive State plan
developed under this Section | ||||||
7 | shall include an explanation of the rationale to
be used in | ||||||
8 | ensuring that funding shall be based upon local community | ||||||
9 | needs,
including, but not limited to, the incidence and | ||||||
10 | prevalence of, and costs
associated with, the abuse of and | ||||||
11 | dependency upon alcohol and other drugs, as
well as upon | ||||||
12 | demonstrated program performance.
| ||||||
13 | The annual comprehensive State plan developed under | ||||||
14 | this Section shall
contain a report detailing the | ||||||
15 | activities of and progress made by the programs
for the | ||||||
16 | care and treatment of addicted pregnant women, addicted | ||||||
17 | mothers and
their children established under subsection | ||||||
18 | (j) of Section 35-5 of this Act.
| ||||||
19 | Each State agency which provides or funds alcohol or | ||||||
20 | drug prevention,
intervention and treatment services shall | ||||||
21 | annually prepare an agency plan for
providing such | ||||||
22 | services, and these shall be used by the Department in | ||||||
23 | preparing
the annual comprehensive statewide plan. Each | ||||||
24 | agency's annual plan for alcohol
and drug abuse services | ||||||
25 | shall contain a report on the activities and progress
of | ||||||
26 | such services in the prior year. The Department may provide |
| |||||||
| |||||||
1 | technical
assistance to other State agencies, as required, | ||||||
2 | in the development of their
agency plans.
| ||||||
3 | (4) Lead, foster and develop cooperation, coordination | ||||||
4 | and agreements
among federal and State governmental | ||||||
5 | agencies and local providers that provide
assistance, | ||||||
6 | services, funding or other functions, peripheral or | ||||||
7 | direct, in the
prevention, intervention, treatment or | ||||||
8 | rehabilitation of alcoholism and other
drug abuse and | ||||||
9 | dependency. This shall include, but shall not be limited | ||||||
10 | to,
the following:
| ||||||
11 | (A) Cooperate with and assist the Department of | ||||||
12 | Corrections and
the Department on Aging in | ||||||
13 | establishing and conducting programs relating to | ||||||
14 | alcoholism
and other drug abuse and dependency among | ||||||
15 | those populations which they
respectively serve.
| ||||||
16 | (B) Cooperate with and assist the Illinois | ||||||
17 | Department of Public Health
in the establishment, | ||||||
18 | funding and support of programs and services for the
| ||||||
19 | promotion of maternal and child health and the | ||||||
20 | prevention and treatment of
infectious diseases, | ||||||
21 | including but not limited to HIV infection, especially
| ||||||
22 | with respect to those persons who may abuse drugs by | ||||||
23 | intravenous injection, or
may have been sexual | ||||||
24 | partners of drug abusers, or may have abused substances | ||||||
25 | so
that their immune systems are impaired, causing them | ||||||
26 | to be at high risk.
|
| |||||||
| |||||||
1 | (C) Supply to the Department of Public Health and | ||||||
2 | prenatal care
providers a list of all alcohol and other | ||||||
3 | drug abuse service providers for
addicted pregnant | ||||||
4 | women in this State.
| ||||||
5 | (D) Assist in the placement of child abuse or | ||||||
6 | neglect perpetrators
(identified by the Illinois | ||||||
7 | Department of Children and Family Services) who
have | ||||||
8 | been determined to be in need of alcohol or other drug | ||||||
9 | abuse services
pursuant to Section 8.2 of the Abused | ||||||
10 | and Neglected Child Reporting Act.
| ||||||
11 | (E) Cooperate with and assist the Illinois | ||||||
12 | Department of Children and
Family Services in carrying | ||||||
13 | out its mandates to:
| ||||||
14 | (i) identify alcohol and other drug abuse | ||||||
15 | issues among its clients and
their families; and
| ||||||
16 | (ii) develop programs and services to deal | ||||||
17 | with such problems.
| ||||||
18 | These programs and services may include, but shall not | ||||||
19 | be limited to,
programs to prevent the abuse of alcohol | ||||||
20 | or other drugs by DCFS clients and
their families, | ||||||
21 | rehabilitation services, identifying child care needs | ||||||
22 | within
the array of alcohol and other drug abuse | ||||||
23 | services, and assistance with other
issues as | ||||||
24 | required.
| ||||||
25 | (F) Cooperate with and assist the Illinois | ||||||
26 | Criminal Justice Information
Authority with respect to |
| |||||||
| |||||||
1 | statistical and other information concerning drug
| ||||||
2 | abuse incidence and prevalence.
| ||||||
3 | (G) Cooperate with and assist the State | ||||||
4 | Superintendent of Education,
boards of education, | ||||||
5 | schools, police departments, the Illinois Department | ||||||
6 | of
State Police, courts and other public and private | ||||||
7 | agencies and individuals in
establishing prevention | ||||||
8 | programs statewide and preparing curriculum materials
| ||||||
9 | for use at all levels of education. An agreement shall | ||||||
10 | be entered into with the
State Superintendent of | ||||||
11 | Education to assist in the establishment of such
| ||||||
12 | programs.
| ||||||
13 | (H) Cooperate with and assist the Illinois | ||||||
14 | Department of Healthcare and Family Services (before | ||||||
15 | January 1, 2011) or the Department of Human Services | ||||||
16 | (on and after January 1, 2011) in
the development and | ||||||
17 | provision of services offered to recipients of public
| ||||||
18 | assistance for the treatment and prevention of | ||||||
19 | alcoholism and other drug abuse
and dependency.
| ||||||
20 | (I) Provide training recommendations to other | ||||||
21 | State agencies funding
alcohol or other drug abuse | ||||||
22 | prevention, intervention, treatment or
rehabilitation | ||||||
23 | services.
| ||||||
24 | (5) From monies appropriated to the Department from the | ||||||
25 | Drunk and Drugged
Driving Prevention Fund, make grants to | ||||||
26 | reimburse DUI evaluation and remedial
education programs |
| |||||||
| |||||||
1 | licensed by the Department for the costs of providing
| ||||||
2 | indigent persons with free or reduced-cost services | ||||||
3 | relating to a charge of
driving under the influence of | ||||||
4 | alcohol or other drugs.
| ||||||
5 | (6) Promulgate regulations to provide appropriate | ||||||
6 | standards for publicly
and privately funded programs as | ||||||
7 | well as for levels of payment to government
funded programs | ||||||
8 | which provide an array of services for prevention,
| ||||||
9 | intervention, treatment and rehabilitation for alcoholism | ||||||
10 | and other drug abuse
or dependency.
| ||||||
11 | (7) In consultation with local service providers, | ||||||
12 | specify a uniform
statistical methodology for use by | ||||||
13 | agencies, organizations, individuals and the
Department | ||||||
14 | for collection and dissemination of statistical | ||||||
15 | information
regarding services related to alcoholism and | ||||||
16 | other drug use and abuse. This
shall include prevention | ||||||
17 | services delivered, the number of persons treated,
| ||||||
18 | frequency of admission and readmission, and duration of | ||||||
19 | treatment.
| ||||||
20 | (8) Receive data and assistance from federal, State and | ||||||
21 | local governmental
agencies, and obtain copies of | ||||||
22 | identification and arrest data from all federal,
State and | ||||||
23 | local law enforcement agencies for use in carrying out the | ||||||
24 | purposes
and functions of the Department.
| ||||||
25 | (9) Designate and license providers to conduct | ||||||
26 | screening, assessment,
referral and tracking of clients |
| |||||||
| |||||||
1 | identified by the criminal justice system as
having | ||||||
2 | indications of alcoholism or other drug abuse or dependency | ||||||
3 | and being
eligible to make an election for treatment under | ||||||
4 | Section 40-5 of this Act, and
assist in the placement of | ||||||
5 | individuals who are under court order to participate
in | ||||||
6 | treatment.
| ||||||
7 | (10) Designate medical examination and other programs | ||||||
8 | for determining
alcoholism and other drug abuse and | ||||||
9 | dependency.
| ||||||
10 | (11) Encourage service providers who receive financial | ||||||
11 | assistance in any
form from the State to assess and collect | ||||||
12 | fees for services rendered.
| ||||||
13 | (12) Make grants with funds appropriated from the Drug | ||||||
14 | Treatment Fund in
accordance with Section 7 of the | ||||||
15 | Controlled Substance and Cannabis Nuisance
Act, or in | ||||||
16 | accordance with Section 80 of the Methamphetamine Control | ||||||
17 | and Community Protection Act, or in accordance with | ||||||
18 | subsections (h) and (i) of Section 411.2 of the
Illinois | ||||||
19 | Controlled Substances Act.
| ||||||
20 | (13) Encourage all health and disability insurance | ||||||
21 | programs to include
alcoholism and other drug abuse and | ||||||
22 | dependency as a covered illness.
| ||||||
23 | (14) Make such agreements, grants-in-aid and | ||||||
24 | purchase-care arrangements
with any other department, | ||||||
25 | authority or commission of this State, or any other
state | ||||||
26 | or the federal government or with any public or private |
| |||||||
| |||||||
1 | agency, including
the disbursement of funds and furnishing | ||||||
2 | of staff, to effectuate the purposes
of this Act.
| ||||||
3 | (15) Conduct a public information campaign to inform | ||||||
4 | the State's
Hispanic residents regarding the prevention | ||||||
5 | and treatment of alcoholism.
| ||||||
6 | (b) In addition to the powers, duties and functions vested | ||||||
7 | in it by this
Act, or by other laws of this State, the | ||||||
8 | Department may undertake, but shall
not be limited to, the | ||||||
9 | following activities:
| ||||||
10 | (1) Require all programs funded by the Department to | ||||||
11 | include an education
component to inform participants | ||||||
12 | regarding the causes and means of transmission
and methods | ||||||
13 | of reducing the risk of acquiring or transmitting HIV | ||||||
14 | infection,
and to include funding for such education | ||||||
15 | component in its support of the
program.
| ||||||
16 | (2) Review all State agency applications for federal | ||||||
17 | funds which include
provisions relating to the prevention, | ||||||
18 | early intervention and treatment of
alcoholism and other | ||||||
19 | drug abuse and dependency in order to ensure consistency
| ||||||
20 | with the comprehensive statewide plan developed pursuant | ||||||
21 | to this Act.
| ||||||
22 | (3) Prepare, publish, evaluate, disseminate and serve | ||||||
23 | as a central
repository for educational materials dealing | ||||||
24 | with the nature and effects of
alcoholism and other drug | ||||||
25 | abuse and dependency. Such materials may deal with
the | ||||||
26 | educational needs of the citizens of Illinois, and may |
| |||||||
| |||||||
1 | include at least
pamphlets which describe the causes and | ||||||
2 | effects of fetal alcohol syndrome,
which the Department may | ||||||
3 | distribute free of charge to each county clerk in
| ||||||
4 | sufficient quantities that the county clerk may provide a | ||||||
5 | pamphlet to the
recipients of all marriage licenses issued | ||||||
6 | in the county.
| ||||||
7 | (4) Develop and coordinate, with regional and local | ||||||
8 | agencies, education
and training programs for persons | ||||||
9 | engaged in providing the array of services
for persons | ||||||
10 | having alcoholism or other drug abuse and dependency | ||||||
11 | problems,
which programs may include specific HIV | ||||||
12 | education and training for program
personnel.
| ||||||
13 | (5) Cooperate with and assist in the development of | ||||||
14 | education, prevention
and treatment programs for employees | ||||||
15 | of State and local governments and
businesses in the State.
| ||||||
16 | (6) Utilize the support and assistance of interested | ||||||
17 | persons in the
community, including recovering addicts and | ||||||
18 | alcoholics, to assist individuals
and communities in | ||||||
19 | understanding the dynamics of addiction, and to encourage
| ||||||
20 | individuals with alcohol or other drug abuse or dependency | ||||||
21 | problems to
voluntarily undergo treatment.
| ||||||
22 | (7) Promote, conduct, assist or sponsor basic | ||||||
23 | clinical, epidemiological
and statistical research into | ||||||
24 | alcoholism and other drug abuse and dependency,
and | ||||||
25 | research into the prevention of those problems either | ||||||
26 | solely or in
conjunction with any public or private agency.
|
| |||||||
| |||||||
1 | (8) Cooperate with public and private agencies, | ||||||
2 | organizations and
individuals in the development of | ||||||
3 | programs, and to provide technical assistance
and | ||||||
4 | consultation services for this purpose.
| ||||||
5 | (9) Publish or provide for the publishing of a manual | ||||||
6 | to assist medical
and social service providers in | ||||||
7 | identifying alcoholism and other drug abuse and
dependency | ||||||
8 | and coordinating the multidisciplinary delivery of | ||||||
9 | services to
addicted pregnant women, addicted mothers and | ||||||
10 | their children. The manual may
be used only to provide | ||||||
11 | information and may not be used by the Department to
| ||||||
12 | establish practice standards. The Department may not | ||||||
13 | require recipients to use
specific providers nor may they | ||||||
14 | require providers to refer recipients to
specific | ||||||
15 | providers. The manual may include, but need not be limited | ||||||
16 | to, the
following:
| ||||||
17 | (A) Information concerning risk assessments of | ||||||
18 | women seeking prenatal,
natal, and postnatal medical | ||||||
19 | care.
| ||||||
20 | (B) Information concerning risk assessments of | ||||||
21 | infants who may be
substance-affected.
| ||||||
22 | (C) Protocols that have been adopted by the | ||||||
23 | Illinois Department of
Children and Family Services | ||||||
24 | for the reporting and investigation of allegations
of | ||||||
25 | child abuse or neglect under the Abused and Neglected | ||||||
26 | Child Reporting Act.
|
| |||||||
| |||||||
1 | (D) Summary of procedures utilized in juvenile | ||||||
2 | court in cases of
children alleged or found to be | ||||||
3 | abused or neglected as a result of being born
to | ||||||
4 | addicted women.
| ||||||
5 | (E) Information concerning referral of addicted | ||||||
6 | pregnant women,
addicted mothers and their children by | ||||||
7 | medical, social service, and substance
abuse treatment | ||||||
8 | providers, by the Departments of Children and Family | ||||||
9 | Services, Healthcare and Family Services Public Aid , | ||||||
10 | Public Health, and
Human Services.
| ||||||
11 | (F) Effects of substance abuse on infants and | ||||||
12 | guidelines on the
symptoms, care, and comfort of | ||||||
13 | drug-withdrawing infants.
| ||||||
14 | (G) Responsibilities of the Illinois Department of | ||||||
15 | Public Health to
maintain statistics on the number of | ||||||
16 | children in Illinois addicted at birth.
| ||||||
17 | (10) To the extent permitted by federal law or | ||||||
18 | regulation, establish and
maintain a clearinghouse and | ||||||
19 | central repository for the development and
maintenance of a | ||||||
20 | centralized data collection and dissemination system and a
| ||||||
21 | management information system for all alcoholism and other | ||||||
22 | drug abuse
prevention, early intervention and treatment | ||||||
23 | services.
| ||||||
24 | (11) Fund, promote or assist programs, services, | ||||||
25 | demonstrations or
research dealing with addictive or | ||||||
26 | habituating behaviors detrimental to the
health of |
| |||||||
| |||||||
1 | Illinois citizens.
| ||||||
2 | (12) With monies appropriated from the Group Home Loan | ||||||
3 | Revolving Fund,
make loans, directly or through | ||||||
4 | subcontract, to assist in underwriting the
costs of housing | ||||||
5 | in which individuals recovering from alcohol or other drug
| ||||||
6 | abuse or dependency may reside in groups of not less than 6 | ||||||
7 | persons, pursuant
to Section 50-40 of this Act.
| ||||||
8 | (13) Promulgate such regulations as may be necessary | ||||||
9 | for the
administration of grants or to otherwise carry out | ||||||
10 | the purposes and enforce the
provisions of this Act.
| ||||||
11 | (14) Fund programs to help parents be effective in | ||||||
12 | preventing
substance abuse by building an awareness of | ||||||
13 | drugs and alcohol and the family's
role in preventing abuse | ||||||
14 | through adjusting expectations, developing new skills,
and | ||||||
15 | setting positive family goals. The programs shall include, | ||||||
16 | but not be
limited to, the following subjects: healthy | ||||||
17 | family communication; establishing
rules and limits; how | ||||||
18 | to reduce family conflict; how to build self-esteem,
| ||||||
19 | competency, and responsibility in children; how to improve | ||||||
20 | motivation and
achievement; effective discipline; problem | ||||||
21 | solving techniques; and how to talk
about drugs and | ||||||
22 | alcohol. The programs shall be open to all parents.
| ||||||
23 | (Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)
| ||||||
24 | (20 ILCS 301/5-23) | ||||||
25 | Sec. 5-23. Drug Overdose Prevention Program. |
| |||||||
| |||||||
1 | (a) Reports of drug overdose. | ||||||
2 | (1) The Director of the Division of Alcoholism and | ||||||
3 | Substance Abuse may publish annually a report on drug | ||||||
4 | overdose trends statewide that reviews State death rates | ||||||
5 | from available data to ascertain changes in the causes or | ||||||
6 | rates of fatal and nonfatal drug overdose for the preceding | ||||||
7 | period of not less than 5 years. The report shall also | ||||||
8 | provide information on interventions that would be | ||||||
9 | effective in reducing the rate of fatal or nonfatal drug | ||||||
10 | overdose. | ||||||
11 | (2) The report may include: | ||||||
12 | (A) Trends in drug overdose death rates. | ||||||
13 | (B) Trends in emergency room utilization related | ||||||
14 | to drug overdose and the cost impact of emergency room | ||||||
15 | utilization. | ||||||
16 | (C) Trends in utilization of pre-hospital and | ||||||
17 | emergency services and the cost impact of emergency | ||||||
18 | services utilization. | ||||||
19 | (D) Suggested improvements in data collection. | ||||||
20 | (E) A description of other interventions effective | ||||||
21 | in reducing the rate of fatal or nonfatal drug | ||||||
22 | overdose. | ||||||
23 | (b) Programs; drug overdose prevention. | ||||||
24 | (1) The Director may establish a program to provide for | ||||||
25 | the production and publication, in electronic and other | ||||||
26 | formats, of drug overdose prevention, recognition, and |
| |||||||
| |||||||
1 | response literature. The Director may develop and | ||||||
2 | disseminate curricula for use by professionals, | ||||||
3 | organizations, individuals, or committees interested in | ||||||
4 | the prevention of fatal and nonfatal drug overdose, | ||||||
5 | including, but not limited to, drug users, jail and prison | ||||||
6 | personnel, jail and prison inmates, drug treatment | ||||||
7 | professionals, emergency medical personnel, hospital | ||||||
8 | staff, families and associates of drug users, peace | ||||||
9 | officers, firefighters, public safety officers, needle | ||||||
10 | exchange program staff, and other persons. In addition to | ||||||
11 | information regarding drug overdose prevention, | ||||||
12 | recognition, and response, literature produced by the | ||||||
13 | Department shall stress that drug use remains illegal and | ||||||
14 | highly dangerous and that complete abstinence from illegal | ||||||
15 | drug use is the healthiest choice. The literature shall | ||||||
16 | provide information and resources for substance abuse | ||||||
17 | treatment. | ||||||
18 | The Director may establish or authorize programs for | ||||||
19 | prescribing, dispensing, or distributing naloxone | ||||||
20 | hydrochloride or any other similarly acting and equally | ||||||
21 | safe drug approved by the U.S. Food and Drug Administration | ||||||
22 | for the treatment of drug overdose. Such programs may | ||||||
23 | include the prescribing of naloxone hydrochloride or any | ||||||
24 | other similarly acting and equally safe drug approved by | ||||||
25 | the U.S. Food and Drug Administration for the treatment of | ||||||
26 | drug overdose to and education about administration by |
| |||||||
| |||||||
1 | individuals who are not personally at risk of opioid | ||||||
2 | overdose. | ||||||
3 | (2) The Director may provide advice to State and local | ||||||
4 | officials on the growing drug overdose crisis, including | ||||||
5 | the prevalence of drug overdose incidents, trends in drug | ||||||
6 | overdose incidents, and solutions to the drug overdose | ||||||
7 | crisis. | ||||||
8 | (c) Grants. | ||||||
9 | (1) The Director may award grants, in accordance with | ||||||
10 | this subsection, to create or support local drug overdose | ||||||
11 | prevention, recognition, and response projects. Local | ||||||
12 | health departments, correctional institutions, hospitals, | ||||||
13 | universities, community-based organizations, and | ||||||
14 | faith-based organizations may apply to the Department for a | ||||||
15 | grant under this subsection at the time and in the manner | ||||||
16 | the Director prescribes. | ||||||
17 | (2) In awarding grants, the Director shall consider the | ||||||
18 | necessity for overdose prevention projects in various | ||||||
19 | settings and shall encourage all grant applicants to | ||||||
20 | develop interventions that will be effective and viable in | ||||||
21 | their local areas. | ||||||
22 | (3) The Director shall give preference for grants to | ||||||
23 | proposals that, in addition to providing life-saving | ||||||
24 | interventions and responses, provide information to drug | ||||||
25 | users on how to access drug treatment or other strategies | ||||||
26 | for abstaining from illegal drugs. The Director shall give |
| |||||||
| |||||||
1 | preference to proposals that include one or more of the | ||||||
2 | following elements: | ||||||
3 | (A) Policies and projects to encourage persons, | ||||||
4 | including drug users, to call 911 when they witness a | ||||||
5 | potentially fatal drug overdose. | ||||||
6 | (B) Drug overdose prevention, recognition, and | ||||||
7 | response education projects in drug treatment centers, | ||||||
8 | outreach programs, and other organizations that work | ||||||
9 | with, or have access to, drug users and their families | ||||||
10 | and communities. | ||||||
11 | (C) Drug overdose recognition and response | ||||||
12 | training, including rescue breathing, in drug | ||||||
13 | treatment centers and for other organizations that | ||||||
14 | work with, or have access to, drug users and their | ||||||
15 | families and communities. | ||||||
16 | (D) The production and distribution of targeted or | ||||||
17 | mass media materials on drug overdose prevention and | ||||||
18 | response. | ||||||
19 | (E) Prescription and distribution of naloxone | ||||||
20 | hydrochloride or any other similarly acting and | ||||||
21 | equally safe drug approved by the U.S. Food and Drug | ||||||
22 | Administration for the treatment of drug overdose. | ||||||
23 | (F) The institution of education and training | ||||||
24 | projects on drug overdose response and treatment for | ||||||
25 | emergency services and law enforcement personnel. | ||||||
26 | (G) A system of parent, family, and survivor |
| |||||||
| |||||||
1 | education and mutual support groups. | ||||||
2 | (4) In addition to moneys appropriated by the General | ||||||
3 | Assembly, the Director may seek grants from private | ||||||
4 | foundations, the federal government, and other sources to | ||||||
5 | fund the grants under this Section and to fund an | ||||||
6 | evaluation of the programs supported by the grants. | ||||||
7 | (d) Health care professional prescription of drug overdose | ||||||
8 | treatment medication. | ||||||
9 | (1) A health care professional who, acting in good | ||||||
10 | faith, directly or by standing order, prescribes or | ||||||
11 | dispenses an opioid antidote to a patient who, in the | ||||||
12 | judgment of the health care professional, is capable of | ||||||
13 | administering the drug in an emergency, shall not, as a | ||||||
14 | result of his or her acts or omissions, be subject to | ||||||
15 | disciplinary or other adverse action under the Medical | ||||||
16 | Practice Act of 1987, the Physician Assistant Practice Act | ||||||
17 | of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | ||||||
18 | or any other professional licensing statute. | ||||||
19 | (2) A person who is not otherwise licensed to | ||||||
20 | administer an opioid antidote may in an emergency | ||||||
21 | administer without fee an opioid antidote if the person has | ||||||
22 | received the patient information specified in paragraph | ||||||
23 | (4) of this subsection and believes in good faith that | ||||||
24 | another person is experiencing a drug overdose. The person | ||||||
25 | shall not, as a result of his or her acts or omissions, be | ||||||
26 | liable for any violation of the Medical Practice Act of |
| |||||||
| |||||||
1 | 1987, the Physician Assistant Practice Act of 1987, the | ||||||
2 | Nurse Practice Act, the Pharmacy Practice Act, or any other | ||||||
3 | professional licensing statute, or subject to any criminal | ||||||
4 | prosecution arising from or related to the unauthorized | ||||||
5 | practice of medicine or the possession of an opioid | ||||||
6 | antidote. | ||||||
7 | (3) A health care professional prescribing an opioid | ||||||
8 | antidote to a patient shall ensure that the patient | ||||||
9 | receives the patient information specified in paragraph | ||||||
10 | (4) of this subsection. Patient information may be provided | ||||||
11 | by the health care professional or a community-based | ||||||
12 | organization, substance abuse program, or other | ||||||
13 | organization with which the health care professional | ||||||
14 | establishes a written agreement that includes a | ||||||
15 | description of how the organization will provide patient | ||||||
16 | information, how employees or volunteers providing | ||||||
17 | information will be trained, and standards for documenting | ||||||
18 | the provision of patient information to patients. | ||||||
19 | Provision of patient information shall be documented in the | ||||||
20 | patient's medical record or through similar means as | ||||||
21 | determined by agreement between the health care | ||||||
22 | professional and the organization. The Director of the | ||||||
23 | Division of Alcoholism and Substance Abuse, in | ||||||
24 | consultation with statewide organizations representing | ||||||
25 | physicians, advanced practice nurses, physician | ||||||
26 | assistants, substance abuse programs, and other interested |
| |||||||
| |||||||
1 | groups, shall develop and disseminate to health care | ||||||
2 | professionals, community-based organizations, substance | ||||||
3 | abuse programs, and other organizations training materials | ||||||
4 | in video, electronic, or other formats to facilitate the | ||||||
5 | provision of such patient information. | ||||||
6 | (4) For the purposes of this subsection: | ||||||
7 | "Opioid antidote" means naloxone hydrochloride or any | ||||||
8 | other similarly acting and equally safe drug approved by | ||||||
9 | the U.S. Food and Drug Administration for the treatment of | ||||||
10 | drug overdose. | ||||||
11 | "Health care professional" means a physician licensed | ||||||
12 | to practice medicine in all its branches, a physician | ||||||
13 | assistant who has been delegated the prescription or | ||||||
14 | dispensation of an opioid antidote by his or her | ||||||
15 | supervising physician, an advanced practice registered | ||||||
16 | nurse who has a written collaborative agreement with a | ||||||
17 | collaborating physician that authorizes the prescription | ||||||
18 | or dispensation of an opioid antidote, or an advanced | ||||||
19 | practice nurse who practices in a hospital or ambulatory | ||||||
20 | surgical treatment center and possesses appropriate | ||||||
21 | clinical privileges in accordance with the Nurse Practice | ||||||
22 | Act. | ||||||
23 | "Patient" includes a person who is not at risk of | ||||||
24 | opioid overdose but who, in the judgment of the physician, | ||||||
25 | may be in a position to assist another individual during an | ||||||
26 | overdose and who has received patient information as |
| |||||||
| |||||||
1 | required in paragraph (2) of this subsection on the | ||||||
2 | indications for and administration of an opioid antidote. | ||||||
3 | "Patient information" includes information provided to | ||||||
4 | the patient on drug overdose prevention and recognition; | ||||||
5 | how to perform rescue breathing and resuscitation; opioid | ||||||
6 | antidote dosage and administration; the importance of | ||||||
7 | calling 911; care for the overdose victim after | ||||||
8 | administration of the overdose antidote; and other issues | ||||||
9 | as necessary.
| ||||||
10 | (e) Definition. For the purposes of this Section only, | ||||||
11 | "Director" means the Director of the Division of Alcoholism and | ||||||
12 | Substance Abuse within the Department. | ||||||
13 | (Source: P.A. 96-361, eff. 1-1-10.)
| ||||||
14 | (20 ILCS 301/10-10)
| ||||||
15 | Sec. 10-10. Powers and duties of the Council. The Council | ||||||
16 | shall:
| ||||||
17 | (a) Advise the Department on ways to encourage public | ||||||
18 | understanding and
support of the Department's programs.
| ||||||
19 | (b) Advise the Department on regulations and licensure | ||||||
20 | proposed by the
Department.
| ||||||
21 | (c) Advise the Department in the formulation, | ||||||
22 | preparation and
implementation of the comprehensive State | ||||||
23 | plan for prevention, intervention,
treatment and relapse | ||||||
24 | prevention of alcoholism and other drug abuse and
| ||||||
25 | dependency.
|
| |||||||
| |||||||
1 | (d) Advise the Department on implementation of | ||||||
2 | alcoholism and other drug
abuse and dependency education | ||||||
3 | and prevention programs throughout the State.
| ||||||
4 | (e) By January 1, 1995, and by January 1 of every third | ||||||
5 | year thereafter,
in
cooperation with the Committee on | ||||||
6 | Women's Alcohol and Substance Abuse
Treatment, submit to | ||||||
7 | the Governor and General Assembly a planning document,
| ||||||
8 | specific to Illinois' female population. The document | ||||||
9 | shall contain, but need
not be limited to, interagency | ||||||
10 | information concerning the types of services
funded, the | ||||||
11 | client population served, the support services available | ||||||
12 | and
provided during the preceding 3 year period, and the | ||||||
13 | goals, objectives,
proposed methods of achievement, client | ||||||
14 | projections and cost estimate for the
upcoming 3 year | ||||||
15 | period. The document may include, if deemed necessary and
| ||||||
16 | appropriate, recommendations regarding the reorganization | ||||||
17 | of the Department to
enhance and increase prevention, | ||||||
18 | treatment and support services available to
women.
| ||||||
19 | (f) Perform other duties as requested by the Secretary | ||||||
20 | or the Director . | ||||||
21 | (g) Advise the Department in the planning, | ||||||
22 | development, and coordination of programs among all | ||||||
23 | agencies and departments of State government, including | ||||||
24 | programs to reduce alcoholism and drug addiction, prevent | ||||||
25 | the use of illegal drugs and abuse of legal drugs by | ||||||
26 | persons of all ages, and prevent the use of alcohol by |
| |||||||
| |||||||
1 | minors. | ||||||
2 | (h) Promote and encourage participation by the private | ||||||
3 | sector, including business, industry, labor, and the | ||||||
4 | media, in programs to prevent alcoholism and other drug | ||||||
5 | abuse and dependency. | ||||||
6 | (i) Encourage the implementation of programs to | ||||||
7 | prevent alcoholism and other drug abuse and dependency in | ||||||
8 | the public and private schools and educational | ||||||
9 | institutions, including establishment of alcoholism and | ||||||
10 | other drug abuse and dependency programs. | ||||||
11 | (j) Gather information, conduct hearings, and make | ||||||
12 | recommendations to the Secretary or the Director | ||||||
13 | concerning additions, deletions, or rescheduling of | ||||||
14 | substances under the Illinois Controlled Substances Act. | ||||||
15 | (k) Report annually to the General Assembly regarding | ||||||
16 | the activities and recommendations made by the Council.
| ||||||
17 | With the advice and consent of the Secretary, the presiding
| ||||||
18 | officer shall annually appoint a Special Committee on | ||||||
19 | Licensure, which shall advise the Secretary or the Director on | ||||||
20 | particular cases on
which the Department intends to take action | ||||||
21 | that is adverse to an
applicant or license holder, and shall | ||||||
22 | review an annual report submitted by the
Secretary or the | ||||||
23 | Director summarizing all licensure sanctions imposed by the
| ||||||
24 | Department.
| ||||||
25 | (Source: P.A. 94-1033, eff. 7-1-07 .)
|
| |||||||
| |||||||
1 | (20 ILCS 301/10-15)
| ||||||
2 | Sec. 10-15. Qualification and appointment of members. The | ||||||
3 | membership of
the Illinois Advisory Council shall consist of:
| ||||||
4 | (a) A State's Attorney designated by the President of | ||||||
5 | the Illinois State's
Attorneys Association.
| ||||||
6 | (b) A judge designated by the Chief Justice of the | ||||||
7 | Illinois Supreme Court.
| ||||||
8 | (c) A Public Defender appointed by the President of the | ||||||
9 | Illinois Public
Defenders Association.
| ||||||
10 | (d) A local law enforcement officer appointed by the | ||||||
11 | Governor.
| ||||||
12 | (e) A labor representative appointed by the Governor.
| ||||||
13 | (f) An educator appointed by the Governor.
| ||||||
14 | (g) A physician licensed to practice medicine in all | ||||||
15 | its branches
appointed
by the Governor with due regard for | ||||||
16 | the appointee's knowledge of the field of
alcoholism and | ||||||
17 | other drug abuse and dependency.
| ||||||
18 | (h) 4 members of the Illinois House of Representatives, | ||||||
19 | 2 each appointed
by the Speaker and Minority Leader.
| ||||||
20 | (i) 4 members of the Illinois Senate, 2 each appointed | ||||||
21 | by the President
and Minority Leader.
| ||||||
22 | (j) The President of the Illinois Alcoholism and Drug | ||||||
23 | Dependence
Association.
| ||||||
24 | (k) An advocate for the needs of youth appointed by the | ||||||
25 | Governor.
| ||||||
26 | (l) The President of the Illinois State Medical Society |
| |||||||
| |||||||
1 | or his or her
designee.
| ||||||
2 | (m) The President of the Illinois Hospital Association | ||||||
3 | or his or her
designee.
| ||||||
4 | (n) The President of the Illinois Nurses Association or | ||||||
5 | a registered nurse
designated by the President.
| ||||||
6 | (o) The President of the Illinois Pharmacists | ||||||
7 | Association or a licensed
pharmacist designated by the | ||||||
8 | President.
| ||||||
9 | (p) The President of the Illinois Chapter of the | ||||||
10 | Association of Labor
Management Administrators and | ||||||
11 | Consultants on Alcoholism.
| ||||||
12 | (p-1) The President of the Community Behavioral | ||||||
13 | Healthcare Association
of Illinois or his or her designee.
| ||||||
14 | (q) The Attorney General or his or her designee.
| ||||||
15 | (r) The State Comptroller or his or her designee.
| ||||||
16 | (s) 20 public members, 8 appointed by the Governor, 3 | ||||||
17 | of whom shall be
representatives of alcoholism or other | ||||||
18 | drug abuse and dependency treatment
programs and one of | ||||||
19 | whom shall be a representative of a manufacturer or
| ||||||
20 | importing distributor of alcoholic liquor licensed by the | ||||||
21 | State of Illinois,
and 3 public members appointed by each | ||||||
22 | of the President and Minority Leader of
the Senate and the | ||||||
23 | Speaker and Minority Leader of the House. | ||||||
24 | (t) The Director, Secretary, or other chief | ||||||
25 | administrative officer, ex officio, or his or her designee, | ||||||
26 | of each of the following: the Department on Aging, the |
| |||||||
| |||||||
1 | Department of Children and Family Services, the Department | ||||||
2 | of Corrections, the Department of Juvenile Justice, the | ||||||
3 | Department of Healthcare and Family Services (before | ||||||
4 | January 1, 2011), the Department of Human Services (on and | ||||||
5 | after January 1, 2011) , the Department of Revenue, the | ||||||
6 | Department of Public Health, the Department of Financial | ||||||
7 | and Professional Regulation, the Department of State | ||||||
8 | Police, the Administrative Office of the Illinois Courts, | ||||||
9 | the Criminal Justice Information Authority, and the | ||||||
10 | Department of Transportation. | ||||||
11 | (u) Each of the following, ex officio, or his or her | ||||||
12 | designee: the Secretary of State, the State Superintendent | ||||||
13 | of Education, and the Chairman of the Board of Higher | ||||||
14 | Education.
| ||||||
15 | The public members may not be officers or employees of the | ||||||
16 | executive branch
of State government; however, the public | ||||||
17 | members may be officers or employees
of a State college or | ||||||
18 | university or of any law enforcement agency. In
appointing | ||||||
19 | members, due consideration shall be given to the experience of
| ||||||
20 | appointees in the fields of medicine, law, prevention, | ||||||
21 | correctional activities,
and social welfare. Vacancies in the | ||||||
22 | public membership shall be filled for the
unexpired term by | ||||||
23 | appointment in like manner as for original appointments, and
| ||||||
24 | the appointive members shall serve until their successors are | ||||||
25 | appointed and
have qualified. Vacancies among the public | ||||||
26 | members appointed by the
legislative leaders shall be filled by |
| |||||||
| |||||||
1 | the leader of the same house and of the
same political party as | ||||||
2 | the leader who originally appointed the member.
| ||||||
3 | Each non-appointive member may designate a representative | ||||||
4 | to serve in his
place by written notice to the Department. All | ||||||
5 | General Assembly members shall
serve until their respective | ||||||
6 | successors are appointed or until termination of
their | ||||||
7 | legislative service, whichever occurs first. The terms of | ||||||
8 | office for
each of the members appointed by the Governor shall | ||||||
9 | be for 3 years, except that
of the members first appointed, 3 | ||||||
10 | shall be appointed for a term of one year,
and 4 shall be | ||||||
11 | appointed for a term of 2 years. The terms of office of each of
| ||||||
12 | the public members appointed by the legislative leaders shall | ||||||
13 | be for 2 years.
| ||||||
14 | (Source: P.A. 94-1033, eff. 7-1-07 .)
| ||||||
15 | (20 ILCS 301/10-25)
| ||||||
16 | Sec. 10-25. Powers and duties of the Committee. The | ||||||
17 | Committee shall
have the following powers and duties:
| ||||||
18 | (a) To advise the Council and the Secretary or the | ||||||
19 | Director in the
development of
intervention,
prevention | ||||||
20 | and treatment objectives and standards, educational and | ||||||
21 | outreach
programs, and support services specific to the | ||||||
22 | needs of women.
| ||||||
23 | (b) To advise the Council and the Secretary or the | ||||||
24 | Director in the
formulation,
preparation and | ||||||
25 | implementation of a State plan for intervention, |
| |||||||
| |||||||
1 | prevention and
treatment of
alcoholism and other drug abuse | ||||||
2 | and dependency targeted to women.
| ||||||
3 | (c) To advise the Council and the Secretary or the | ||||||
4 | Director regarding
strategies to
enhance service delivery | ||||||
5 | to women.
| ||||||
6 | (d) To advise the Council and the Secretary or the | ||||||
7 | Director in the
development and
implementation of a State | ||||||
8 | plan, in conjunction with the Department of Children
and | ||||||
9 | Family Services, to provide child care services, at no or | ||||||
10 | low cost, to
addicted mothers with children who are | ||||||
11 | receiving substance abuse treatment
services.
| ||||||
12 | (e) By December 1, 1994, and by December 1 of every | ||||||
13 | third year thereafter,
to prepare and submit to the Council | ||||||
14 | for approval a planning document
specific to
Illinois' | ||||||
15 | female population. The document shall contain, but need not | ||||||
16 | be
limited to, interagency information concerning the | ||||||
17 | types of services funded,
the client population served, the | ||||||
18 | support services available and provided
during the | ||||||
19 | preceding 3 year period, and the goals, objectives, | ||||||
20 | proposed methods
of achievement, client projections and | ||||||
21 | cost estimate for the upcoming 3 year
period. The document | ||||||
22 | may include, if deemed necessary and appropriate,
| ||||||
23 | recommendations regarding the reorganization of the | ||||||
24 | Department to enhance and
increase prevention, treatment | ||||||
25 | and support services available to women.
| ||||||
26 | (f) perform other duties as requested by the Council or |
| |||||||
| |||||||
1 | the Secretary or the Director .
| ||||||
2 | (Source: P.A. 88-80; 89-507, eff. 7-1-97.)
| ||||||
3 | (20 ILCS 301/10-30)
| ||||||
4 | Sec. 10-30. Membership.
| ||||||
5 | (a) The Committee shall be composed of 15
individuals | ||||||
6 | appointed by the chairperson of the Council, with the advice | ||||||
7 | and
consent of the Secretary or the Director , from among the | ||||||
8 | medical and substance
abuse prevention
and treatment | ||||||
9 | communities who have expertise and experience in | ||||||
10 | women-specific
programming and representatives of appropriate | ||||||
11 | public agencies. Members may
be, but need not be, members of | ||||||
12 | the Council.
| ||||||
13 | (b) Members shall serve 3-year terms and until their | ||||||
14 | successors are
appointed and qualified, except that of the | ||||||
15 | initial appointments, 5 members
shall be appointed for one | ||||||
16 | year, 5 members shall be appointed for 2 years,
and 5 members | ||||||
17 | shall be appointed for 3 years and until their successors are
| ||||||
18 | appointed and qualified. Appointments to fill vacancies shall | ||||||
19 | be made
in the same manner as the original appointments, for | ||||||
20 | the unexpired portion of
the vacated term. Initial terms shall | ||||||
21 | begin on January 1, 1994. The
chairperson of the Council shall | ||||||
22 | annually appoint a chairperson from among the
membership of the | ||||||
23 | Committee.
| ||||||
24 | (Source: P.A. 88-80; 89-507, eff. 7-1-97.)
|
| |||||||
| |||||||
1 | (20 ILCS 301/10-55)
| ||||||
2 | Sec. 10-55. Medical Advisory Committee. The Secretary , or | ||||||
3 | the Director on and after January 1, 2011, shall appoint a
| ||||||
4 | Medical Advisory Committee to the Department, consisting of up | ||||||
5 | to 15 physicians
licensed to practice medicine in all of its | ||||||
6 | branches in Illinois who shall
serve in an advisory capacity to | ||||||
7 | the Secretary or the Director . The
membership of the Medical
| ||||||
8 | Advisory Committee shall reasonably reflect representation | ||||||
9 | from the geographic
areas and the range of alcoholism and other | ||||||
10 | drug abuse and dependency service
providers in the State. In | ||||||
11 | making appointments, the Secretary or the Director
shall give
| ||||||
12 | consideration to recommendations made by the Illinois State | ||||||
13 | Medical Society and
other appropriate professional | ||||||
14 | organizations. All appointments shall be made
with regard to | ||||||
15 | the interest and expertise of the individual with regard to
| ||||||
16 | alcoholism and other drug abuse and dependency services. At a | ||||||
17 | minimum, those
appointed to the Committee shall include | ||||||
18 | representatives of Board-certified
psychiatrists, | ||||||
19 | community-based and hospital-based alcoholism or other drug
| ||||||
20 | dependency treatment programs, and Illinois medical schools.
| ||||||
21 | Members shall serve 3-year terms and until their successors | ||||||
22 | are appointed
and qualified, except that of the initial | ||||||
23 | appointments, one-third of the
members shall be appointed for | ||||||
24 | one year, one-third shall be appointed for 2
years, and | ||||||
25 | one-third shall be appointed for 3 years and until their
| ||||||
26 | successors are appointed and qualified. Appointments to fill |
| |||||||
| |||||||
1 | vacancies
shall be made in the same manner as the original | ||||||
2 | appointments, for the
unexpired portion of the vacated term. | ||||||
3 | Initial terms shall begin on January 1,
1994. Members shall | ||||||
4 | elect a chairperson annually from among their membership.
| ||||||
5 | (Source: P.A. 88-80; 89-507, eff. 7-1-97.)
| ||||||
6 | (20 ILCS 301/10-60)
| ||||||
7 | Sec. 10-60. Powers and duties of the Medical Advisory | ||||||
8 | Committee. The
Medical Advisory Committee shall consult with | ||||||
9 | and advise the Department on
clinical procedures, medical | ||||||
10 | technology, medical practice and standards, and
other such | ||||||
11 | matters as the Secretary or the Director may from time to time
| ||||||
12 | assign to it. The
members of the Medical Advisory Committee | ||||||
13 | shall receive no compensation for
their service, but shall be | ||||||
14 | reimbursed for all expenses actually and
necessarily incurred | ||||||
15 | by them in the performance of their duties under this Act.
The | ||||||
16 | Medical Advisory Committee shall meet as frequently as the | ||||||
17 | Secretary or the Director deems
necessary. Upon the request of | ||||||
18 | a majority of its members,
the Secretary or the Director shall | ||||||
19 | call a meeting of the Medical Advisory
Committee.
| ||||||
20 | (Source: P.A. 88-80; 89-507, eff. 7-1-97.)
| ||||||
21 | (20 ILCS 301/45-5)
| ||||||
22 | Sec. 45-5. Inspections.
| ||||||
23 | (a) Employees or officers of the Department are authorized | ||||||
24 | to enter, at
reasonable times and upon presentation of |
| |||||||
| |||||||
1 | credentials, the premises on which
any licensed or funded | ||||||
2 | activity is conducted, including off-site services,
in order to | ||||||
3 | inspect all pertinent
property, records, personnel and | ||||||
4 | business data which relate to such activity.
| ||||||
5 | (b) When authorized by an administrative inspection | ||||||
6 | warrant issued pursuant
to this Act, any officer or employee | ||||||
7 | may execute the inspection warrant
according to its terms. | ||||||
8 | Entries, inspections and seizures of property may be
made | ||||||
9 | without a warrant:
| ||||||
10 | (1) if the person in charge of the premises consents.
| ||||||
11 | (2) in situations presenting imminent danger to health | ||||||
12 | or safety.
| ||||||
13 | (3) in situations involving inspections of conveyances | ||||||
14 | if there is
reasonable cause to believe that the mobility | ||||||
15 | of the conveyance makes it
impracticable to obtain a | ||||||
16 | warrant.
| ||||||
17 | (4) in any other exceptional or emergency | ||||||
18 | circumstances where time or
opportunity to apply for a | ||||||
19 | warrant is lacking.
| ||||||
20 | (c) Issuance and execution of administrative inspection | ||||||
21 | warrants shall be
as follows.
| ||||||
22 | (1) A judge of the circuit court, upon proper oath or | ||||||
23 | affirmation showing
probable cause, may issue | ||||||
24 | administrative inspection warrants for the purpose of
| ||||||
25 | conducting inspections and seizing property. Probable | ||||||
26 | cause exists upon
showing a valid public interest in the |
| |||||||
| |||||||
1 | effective enforcement of this Act or
regulations | ||||||
2 | promulgated hereunder, sufficient to justify inspection or | ||||||
3 | seizure
of property.
| ||||||
4 | (2) An inspection warrant shall be issued only upon an | ||||||
5 | affidavit of a
person having knowledge of the facts | ||||||
6 | alleged, sworn to before the circuit judge
and established | ||||||
7 | as grounds for issuance of a warrant. If the circuit judge | ||||||
8 | is
satisfied that probable cause exists, he shall issue an | ||||||
9 | inspection warrant
identifying the premises to be | ||||||
10 | inspected, the property, if any, to be seized,
and the | ||||||
11 | purpose of the inspection or seizure.
| ||||||
12 | (3) The inspection warrant shall state the grounds for | ||||||
13 | its issuance, the
names of persons whose affidavits have | ||||||
14 | been taken in support thereof and any
items or types of | ||||||
15 | property to be seized.
| ||||||
16 | (4) The inspection warrant shall be directed to a | ||||||
17 | person authorized by the
Secretary or the Director to | ||||||
18 | execute it, shall command the person to inspect
or seize | ||||||
19 | the
property, direct that it be served at any time of day | ||||||
20 | or night, and designate a
circuit judge to whom it shall be | ||||||
21 | returned.
| ||||||
22 | (5) The inspection warrant must be executed and | ||||||
23 | returned within 10 days of
the date of issuance unless the | ||||||
24 | court orders otherwise.
| ||||||
25 | (6) If property is seized, an inventory shall be made. | ||||||
26 | A copy of the
inventory of the seized property shall be |
| |||||||
| |||||||
1 | given to the person from whom the
property was taken, or if | ||||||
2 | no person is available to receive the inventory, it
shall | ||||||
3 | be left at the premises.
| ||||||
4 | (7) No warrant shall be quashed nor evidence suppressed | ||||||
5 | because of
technical irregularities not affecting the | ||||||
6 | substantive rights of the persons
affected. The Department | ||||||
7 | shall have exclusive jurisdiction for the enforcement
of | ||||||
8 | this Act and for violations thereof.
| ||||||
9 | (Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff. | ||||||
10 | 7-1-97.)
| ||||||
11 | (20 ILCS 301/45-35)
| ||||||
12 | Sec. 45-35. Unlicensed practice.
| ||||||
13 | (a) If any unlicensed person engages in activities | ||||||
14 | requiring licensure under
this Act, the Secretary or the | ||||||
15 | Director may, in the name of the people of the
State of | ||||||
16 | Illinois,
through the Attorney General of the State of | ||||||
17 | Illinois, or through the State's
Attorney of any county, | ||||||
18 | petition for a court order enjoining such activities.
| ||||||
19 | (b) If it is established that such person has violated the | ||||||
20 | order the court
may punish the offender for contempt of court. | ||||||
21 | Proceedings under this Section
shall be in addition to, and not | ||||||
22 | in lieu of, all other remedies and penalties
provided under | ||||||
23 | this Act. Any unlicensed person who engages in activities
| ||||||
24 | requiring licensure under this Act commits a Class A | ||||||
25 | misdemeanor.
|
| |||||||
| |||||||
1 | (Source: P.A. 88-80; 89-507, eff. 7-1-97.)
| ||||||
2 | (20 ILCS 301/45-45)
| ||||||
3 | Sec. 45-45. Subpoena; administration of oaths.
| ||||||
4 | (a) The Department is empowered to subpoena and bring | ||||||
5 | before it any person
in this State and to take testimony, upon | ||||||
6 | payment of the same fees and in the
same manner as is | ||||||
7 | prescribed by law for judicial proceedings in civil cases in
| ||||||
8 | the courts of this State.
| ||||||
9 | (b) The Secretary or the Director and any hearing officer | ||||||
10 | designated by
the Secretary or the Director are empowered to | ||||||
11 | administer oaths at any proceeding
which the Department is | ||||||
12 | authorized to conduct.
| ||||||
13 | (Source: P.A. 88-80; 89-507, eff. 7-1-97.)
| ||||||
14 | (20 ILCS 301/45-55)
| ||||||
15 | Sec. 45-55. Powers and duties of designated agents.
| ||||||
16 | (a) It is hereby made the sole and exclusive duty of the | ||||||
17 | Department, and its
designated agents, officers and | ||||||
18 | investigators, to investigate all violations of
this Act, and | ||||||
19 | to cooperate with all agencies charged with enforcement of the
| ||||||
20 | laws of the United States, or any state, concerning matters | ||||||
21 | pertaining to this
Act. Nothing in this Act shall bar a grand | ||||||
22 | jury from conducting an
investigation of any alleged violation | ||||||
23 | of this Act. Any agent, officer,
investigator or peace officer | ||||||
24 | designated by the Department may:
|
| |||||||
| |||||||
1 | (1) execute and serve administrative inspection | ||||||
2 | warrants and subpoenas
under the authority of this State.
| ||||||
3 | (2) make seizures of property pursuant to the | ||||||
4 | provisions of this Act.
| ||||||
5 | (3) perform such other duties as the Department may | ||||||
6 | designate.
| ||||||
7 | The Secretary or the Director may appoint such | ||||||
8 | investigators as is deemed
necessary to carry
out the | ||||||
9 | provisions of this Act. It shall be the duty of such | ||||||
10 | investigators to
investigate and report violations of the | ||||||
11 | provisions of this Act. With respect
to the enforcement of the | ||||||
12 | provisions of this Act, such investigators shall have
the | ||||||
13 | authority to serve subpoenas, summonses and administrative | ||||||
14 | inspection
warrants. They shall be conservators of the peace | ||||||
15 | and, as such, they shall have
and may exercise during the | ||||||
16 | course of an inspection or investigation all the
powers | ||||||
17 | possessed by policemen in the cities and sheriffs in the | ||||||
18 | counties of
this State, except that they may exercise such | ||||||
19 | powers anywhere in the State.
| ||||||
20 | (b) The Department or its designated agents, either before | ||||||
21 | or after the
issuance of a license, may request and shall | ||||||
22 | receive the cooperation of the
Illinois Department of State | ||||||
23 | Police, county and multiple county health
departments, or | ||||||
24 | municipal boards of health to make investigations to determine
| ||||||
25 | if the applicant or licensee is complying with minimum | ||||||
26 | standards prescribed by
the Department.
|
| |||||||
| |||||||
1 | (Source: P.A. 88-80; 89-507, eff. 7-1-97.)
| ||||||
2 | (20 ILCS 301/55-25) | ||||||
3 | Sec. 55-25. Drug court grant program. | ||||||
4 | (a) Subject to appropriation, the Division of Alcoholism | ||||||
5 | and Substance Abuse within the Department of Human Services | ||||||
6 | shall establish a program to administer grants to local drug | ||||||
7 | courts. Grant moneys may be used for the following purposes: | ||||||
8 | (1) treatment or other clinical intervention through | ||||||
9 | an appropriately licensed provider; | ||||||
10 | (2) monitoring, supervision, and clinical case | ||||||
11 | management via probation, TASC, or other licensed Division | ||||||
12 | of Alcoholism and Substance Abuse (DASA) providers; | ||||||
13 | (3) transportation of the offender to required | ||||||
14 | appointments; | ||||||
15 | (4) interdisciplinary and other training of both | ||||||
16 | clinical and legal professionals who are involved in the | ||||||
17 | local drug court; | ||||||
18 | (5) other activities including data collection related | ||||||
19 | to drug court operation and purchase of software or other | ||||||
20 | administrative tools to assist in the overall management of | ||||||
21 | the local system; or | ||||||
22 | (6) court appointed special advocate programs.
| ||||||
23 | (b) The position of Statewide Drug Court Coordinator is | ||||||
24 | created as a full-time position within the Division of | ||||||
25 | Alcoholism and Substance Abuse. The Statewide Drug Court |
| |||||||
| |||||||
1 | Coordinator shall be responsible for the following:
| ||||||
2 | (1) coordinating training, technical assistance, and | ||||||
3 | overall support to drug courts in Illinois;
| ||||||
4 | (2) assisting in the development of new drug courts and | ||||||
5 | advising local partnerships on appropriate practices;
| ||||||
6 | (3) collecting data from local drug court partnerships | ||||||
7 | on drug court operations and aggregating that data into an | ||||||
8 | annual report to be presented to the General Assembly; and
| ||||||
9 | (4) acting as a liaison between the State and the | ||||||
10 | Illinois Association of Drug Court Professionals.
| ||||||
11 | (Source: P.A. 95-204, eff. 1-1-08.)
| ||||||
12 | Section 920. The Department of Human Services (Alcoholism | ||||||
13 | and Substance Abuse)
Law of the Civil Administrative Code of | ||||||
14 | Illinois is amended by changing the heading of Article 310 and | ||||||
15 | Sections 310-1 and 310-5 as follows:
| ||||||
16 | (20 ILCS 310/Art. 310 heading) | ||||||
17 | ARTICLE 310. DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES AS | ||||||
18 | SUCCESSOR TO | ||||||
19 | DEPARTMENT OF HUMAN SERVICES (WHICH WAS AS SUCCESSOR TO
| ||||||
20 | DEPARTMENT OF ALCOHOLISM AND SUBSTANCE ABUSE )
| ||||||
21 | (20 ILCS 310/310-1)
| ||||||
22 | Sec. 310-1. Article short title. This Article 310 of the | ||||||
23 | Civil
Administrative Code of Illinois may be cited as the |
| |||||||
| |||||||
1 | Department of Healthcare and Family Human
Services (Alcoholism | ||||||
2 | and Substance Abuse) Law.
| ||||||
3 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
4 | (20 ILCS 310/310-5) (was 20 ILCS 5/9.29)
| ||||||
5 | Sec. 310-5. Powers under certain Acts. Until January 1, | ||||||
6 | 2011, the The Department of Human
Services, as successor to the
| ||||||
7 | Department of Alcoholism and Substance Abuse, shall exercise, | ||||||
8 | administer,
and enforce all rights, powers, and duties formerly | ||||||
9 | vested in the
Department of Mental Health and Developmental | ||||||
10 | Disabilities by the following
named Acts or Sections of those | ||||||
11 | Acts as they pertain to
the provision of alcoholism services | ||||||
12 | and the Dangerous Drugs
Commission:
| ||||||
13 | (1) The Cannabis Control Act.
| ||||||
14 | (2) The Illinois Controlled Substances Act.
| ||||||
15 | (3) The Community Mental Health Act.
| ||||||
16 | (4) The Community Services Act.
| ||||||
17 | (5) The Methamphetamine Control and Community | ||||||
18 | Protection Act.
| ||||||
19 | On and after January 1, 2011, the Department of Healthcare | ||||||
20 | and Family Services, as successor to the Department of
Human | ||||||
21 | Services with respect to matters relating to alcoholism and | ||||||
22 | substance abuse, shall exercise, administer,
and enforce all | ||||||
23 | rights, powers, and duties formerly vested in the
Department of | ||||||
24 | Human Services by the above-named Acts or Sections of those | ||||||
25 | Acts as they pertain to
the provision of alcoholism services |
| |||||||
| |||||||
1 | and the Dangerous Drugs
Commission. | ||||||
2 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
3 | Section 925. The Department of Central Management Services | ||||||
4 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
5 | changing Sections 405-315 and 405-325 as follows:
| ||||||
6 | (20 ILCS 405/405-315) (was 20 ILCS 405/67.24)
| ||||||
7 | Sec. 405-315. Management of State buildings; security | ||||||
8 | force; fees.
| ||||||
9 | (a) To manage, operate, maintain, and preserve from waste
| ||||||
10 | the State buildings, facilities, structures, grounds, or other | ||||||
11 | real property transferred to the Department under Section | ||||||
12 | 405-415, including, without limitation, the State buildings
| ||||||
13 | listed below. The Department may rent portions of these
and | ||||||
14 | other State buildings when in the judgment of the Director | ||||||
15 | those leases
or subleases will be in the best interests of the | ||||||
16 | State. The leases or
subleases shall not
exceed
5 years unless | ||||||
17 | a greater term is specifically authorized.
| ||||||
18 | a. Peoria Regional Office Building
| ||||||
19 | 5415 North University
| ||||||
20 | Peoria, Illinois 61614
| ||||||
21 | b. Springfield Regional Office Building
| ||||||
22 | 4500 South 6th Street
| ||||||
23 | Springfield, Illinois 62703
| ||||||
24 | c. Champaign Regional Office Building
|
| |||||||
| |||||||
1 | 2125 South 1st Street
| ||||||
2 | Champaign, Illinois 61820
| ||||||
3 | d. Illinois State Armory Building
| ||||||
4 | 124 East Adams
| ||||||
5 | Springfield, Illinois 62706
| ||||||
6 | e. Marion Regional Office Building
| ||||||
7 | 2209 West Main Street
| ||||||
8 | Marion, Illinois 62959
| ||||||
9 | f. Kenneth Hall Regional State Office
| ||||||
10 | Building
| ||||||
11 | #10 Collinsville Avenue
| ||||||
12 | East St. Louis, Illinois 62201
| ||||||
13 | g. Rockford Regional Office Building
| ||||||
14 | 4402 North Main Street
| ||||||
15 | P.O. Box 915
| ||||||
16 | Rockford, Illinois 61105
| ||||||
17 | h. State of Illinois Building
| ||||||
18 | 160 North LaSalle
| ||||||
19 | Chicago, Illinois 60601
| ||||||
20 | i. Office and Laboratory Building
| ||||||
21 | 2121 West Taylor Street
| ||||||
22 | Chicago, Illinois 60602
| ||||||
23 | j. Central Computer Facility
| ||||||
24 | 201 West Adams
| ||||||
25 | Springfield, Illinois 62706
| ||||||
26 | k. Elgin Office Building
|
| |||||||
| |||||||
1 | 595 South State Street
| ||||||
2 | Elgin, Illinois 60120
| ||||||
3 | l. James R. Thompson Center
| ||||||
4 | Bounded by Lake, Clark, Randolph and
| ||||||
5 | LaSalle Streets
| ||||||
6 | Chicago, Illinois
| ||||||
7 | m. The following buildings located within the Chicago
| ||||||
8 | Medical Center District:
| ||||||
9 | 1. Lawndale Day Care Center
| ||||||
10 | 2929 West 19th Street
| ||||||
11 | 2. Edwards Center
| ||||||
12 | 2020 Roosevelt Road
| ||||||
13 | 3. Illinois Center for
| ||||||
14 | Rehabilitation and Education
| ||||||
15 | 1950 West Roosevelt Road and 1151 South Wood Street
| ||||||
16 | 4. Department of Children and
| ||||||
17 | Family Services District Office
| ||||||
18 | 1026 South Damen
| ||||||
19 | 5. The William Heally School
| ||||||
20 | 1731 West Taylor
| ||||||
21 | 6. Administrative Office Building
| ||||||
22 | 1100 South Paulina Street
| ||||||
23 | 7. Metro Children and Adolescents Center
| ||||||
24 | 1601 West Taylor Street
| ||||||
25 | n. E.J. "Zeke" Giorgi Center
| ||||||
26 | 200 Wyman Street
|
| |||||||
| |||||||
1 | Rockford, Illinois
| ||||||
2 | o. Suburban North Facility
| ||||||
3 | 9511 Harrison
| ||||||
4 | Des Plaines, Illinois
| ||||||
5 | p. The following buildings located within the Revenue
| ||||||
6 | Center in Springfield:
| ||||||
7 | 1. State Property Control Warehouse
| ||||||
8 | 11th & Ash
| ||||||
9 | 2. Illinois State Museum Research & Collections
| ||||||
10 | Center
| ||||||
11 | 1011 East Ash Street
| ||||||
12 | q. Effingham Regional Office Building
| ||||||
13 | 401 Industrial Drive
| ||||||
14 | Effingham, Illinois
| ||||||
15 | r. The Communications Center
| ||||||
16 | 120 West Jefferson
| ||||||
17 | Springfield, Illinois
| ||||||
18 | s. Portions or all of the basement and
| ||||||
19 | ground floor of the
| ||||||
20 | State of Illinois Building
| ||||||
21 | 160 North LaSalle
| ||||||
22 | Chicago, Illinois 60601
| ||||||
23 | may be leased or subleased to persons, firms, partnerships, | ||||||
24 | associations,
or individuals
for terms not to exceed 15 years | ||||||
25 | when in the judgment of the Director those
leases or subleases | ||||||
26 | will be in the best interests of the State.
|
| |||||||
| |||||||
1 | Portions or all of the commercial space, which includes the
| ||||||
2 | sub-basement, storage mezzanine, concourse, and ground
and | ||||||
3 | second floors of the
| ||||||
4 | James R. Thompson Center
| ||||||
5 | Bounded by Lake, Clark, Randolph and LaSalle Streets
| ||||||
6 | Chicago, Illinois
| ||||||
7 | may be leased or subleased to persons, firms, partnerships, | ||||||
8 | associations,
or individuals
for terms not to exceed 15 years | ||||||
9 | subject to renewals when in the
judgment of the Director those
| ||||||
10 | leases or subleases will be in the best interests of the State.
| ||||||
11 | The Director is authorized to rent portions of the above | ||||||
12 | described
facilities to persons, firms, partnerships, | ||||||
13 | associations, or individuals
for
terms not to exceed 30 days | ||||||
14 | when those leases or subleases will not
interfere
with State
| ||||||
15 | usage of the facility. This authority is meant to supplement | ||||||
16 | and shall not
in any way be interpreted to restrict the | ||||||
17 | Director's ability to make
portions of the State of Illinois | ||||||
18 | Building and the James R. Thompson Center
available for | ||||||
19 | long-term commercial leases or subleases.
| ||||||
20 | Notwithstanding the provisions above, the Department of | ||||||
21 | Children and
Family Services , the Department of Healthcare | ||||||
22 | Services (on and after January 1, 2011, as successor to the | ||||||
23 | Department of Human Services with respect to functions relating | ||||||
24 | to mental health) and the Department of Human Services (as | ||||||
25 | successor to
the Department of Rehabilitation Services and the | ||||||
26 | Department of Mental Health
and Developmental Disabilities |
| |||||||
| |||||||
1 | with respect to functions relating to developmental | ||||||
2 | disabilities and, before January 1, 2011, mental health ) shall | ||||||
3 | determine
the allocation of space for direct recipient care in | ||||||
4 | their respective
facilities. The Department of Central | ||||||
5 | Management Services shall consult
with the affected agency in | ||||||
6 | the allocation and lease of surplus space in
these facilities. | ||||||
7 | Potential lease arrangements shall not endanger the
direct | ||||||
8 | recipient care responsibilities in these facilities.
| ||||||
9 | (b) To appoint, subject to the Personnel Code, persons
to | ||||||
10 | be members of a police and security force. Members of the | ||||||
11 | security force
shall be peace officers when performing duties | ||||||
12 | pursuant to this Section
and as such shall have all of the | ||||||
13 | powers possessed by policemen in cities
and sheriffs, including | ||||||
14 | the power to make arrests on view or issue citations
for | ||||||
15 | violations of State statutes or city or county ordinances, | ||||||
16 | except
that in counties of more than 1,000,000 population, any | ||||||
17 | powers
created by this subsection shall be exercised only (i) | ||||||
18 | when necessary
to protect the property, personnel, or interests | ||||||
19 | of the Department or any State agency for whom the Department
| ||||||
20 | manages, operates, or maintains property or (ii) when | ||||||
21 | specifically
requested
by appropriate State or local
law | ||||||
22 | enforcement officials, and except that within counties of | ||||||
23 | 1,000,000
or less
population, these powers shall be exercised | ||||||
24 | only when necessary to
protect
the property, personnel, or | ||||||
25 | interests of the State of Illinois
and only
while on property | ||||||
26 | managed, operated, or maintained by the Department.
|
| |||||||
| |||||||
1 | Nothing in this subsection shall be construed so as to make | ||||||
2 | it conflict
with any provisions of, or rules promulgated under, | ||||||
3 | the Personnel
Code.
| ||||||
4 | (c) To charge reasonable fees for the lease, rental, use, | ||||||
5 | or occupancy of
State
facilities managed,
operated, or | ||||||
6 | maintained by the Department.
All
moneys
collected under this | ||||||
7 | Section
shall be deposited in a revolving
fund in the State | ||||||
8 | treasury known as the Facilities Management Revolving
Fund.
| ||||||
9 | (d) Provisions of this Section relating to the James R. | ||||||
10 | Thompson Center
are subject to the provisions of Section 7.4 of | ||||||
11 | the State Property Control
Act.
| ||||||
12 | (Source: P.A. 93-19, eff. 6-20-03; 93-839, eff. 7-30-04; 94-91, | ||||||
13 | eff. 7-1-05.)
| ||||||
14 | (20 ILCS 405/405-325) (was 20 ILCS 405/67.26)
| ||||||
15 | Sec. 405-325. Mental health facility at Dixon. To enter | ||||||
16 | into
an agreement with a private individual,
trust, | ||||||
17 | partnership, or corporation or a municipality or other unit of
| ||||||
18 | local
government whereby that individual, trust, partnership, | ||||||
19 | or
corporation or
municipality or other unit of local | ||||||
20 | government will construct a structure
in the vicinity of Dixon, | ||||||
21 | Illinois for the purposes of its serving as a
mental health | ||||||
22 | facility and then lease that structure to the
Department for
| ||||||
23 | the use of the Department of Human Services (before January 1, | ||||||
24 | 2011) or the Department of Healthcare and Family Services (on | ||||||
25 | and after January 1, 2011) .
|
| |||||||
| |||||||
1 | A lease entered into pursuant to the authority granted in | ||||||
2 | this Section shall
be for a term not to exceed 30 years but may | ||||||
3 | grant to the State the option
to purchase the structure | ||||||
4 | outright.
| ||||||
5 | The lease shall be approved by the Secretary of Human | ||||||
6 | Services and shall be
and shall recite
that it is subject to | ||||||
7 | termination and cancellation in any year for which the
General | ||||||
8 | Assembly fails to make an appropriation to pay the rent payable | ||||||
9 | under
the terms of the lease.
| ||||||
10 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
11 | Section 930. The Children and Family Services Act is | ||||||
12 | amended by changing Section 5 as follows:
| ||||||
13 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
| ||||||
14 | Sec. 5. Direct child welfare services; Department of | ||||||
15 | Children and Family
Services. To provide direct child welfare | ||||||
16 | services when not available
through other public or private | ||||||
17 | child care or program facilities.
| ||||||
18 | (a) For purposes of this Section:
| ||||||
19 | (1) "Children" means persons found within the State who | ||||||
20 | are under the
age of 18 years. The term also includes | ||||||
21 | persons under age 21 who:
| ||||||
22 | (A) were committed to the Department pursuant to | ||||||
23 | the
Juvenile Court Act or the Juvenile Court Act of | ||||||
24 | 1987, as amended, prior to
the age of 18 and who |
| |||||||
| |||||||
1 | continue under the jurisdiction of the court; or
| ||||||
2 | (B) were accepted for care, service and training by
| ||||||
3 | the Department prior to the age of 18 and whose best | ||||||
4 | interest in the
discretion of the Department would be | ||||||
5 | served by continuing that care,
service and training | ||||||
6 | because of severe emotional disturbances, physical
| ||||||
7 | disability, social adjustment or any combination | ||||||
8 | thereof, or because of the
need to complete an | ||||||
9 | educational or vocational training program.
| ||||||
10 | (2) "Homeless youth" means persons found within the
| ||||||
11 | State who are under the age of 19, are not in a safe and | ||||||
12 | stable living
situation and cannot be reunited with their | ||||||
13 | families.
| ||||||
14 | (3) "Child welfare services" means public social | ||||||
15 | services which are
directed toward the accomplishment of | ||||||
16 | the following purposes:
| ||||||
17 | (A) protecting and promoting the health, safety | ||||||
18 | and welfare of
children,
including homeless, dependent | ||||||
19 | or neglected children;
| ||||||
20 | (B) remedying, or assisting in the solution
of | ||||||
21 | problems which may result in, the neglect, abuse, | ||||||
22 | exploitation or
delinquency of children;
| ||||||
23 | (C) preventing the unnecessary separation of | ||||||
24 | children
from their families by identifying family | ||||||
25 | problems, assisting families in
resolving their | ||||||
26 | problems, and preventing the breakup of the family
|
| |||||||
| |||||||
1 | where the prevention of child removal is desirable and | ||||||
2 | possible when the
child can be cared for at home | ||||||
3 | without endangering the child's health and
safety;
| ||||||
4 | (D) restoring to their families children who have | ||||||
5 | been
removed, by the provision of services to the child | ||||||
6 | and the families when the
child can be cared for at | ||||||
7 | home without endangering the child's health and
| ||||||
8 | safety;
| ||||||
9 | (E) placing children in suitable adoptive homes, | ||||||
10 | in
cases where restoration to the biological family is | ||||||
11 | not safe, possible or
appropriate;
| ||||||
12 | (F) assuring safe and adequate care of children | ||||||
13 | away from their
homes, in cases where the child cannot | ||||||
14 | be returned home or cannot be placed
for adoption. At | ||||||
15 | the time of placement, the Department shall consider
| ||||||
16 | concurrent planning,
as described in subsection (l-1) | ||||||
17 | of this Section so that permanency may
occur at the | ||||||
18 | earliest opportunity. Consideration should be given so | ||||||
19 | that if
reunification fails or is delayed, the | ||||||
20 | placement made is the best available
placement to | ||||||
21 | provide permanency for the child;
| ||||||
22 | (G) (blank);
| ||||||
23 | (H) (blank); and
| ||||||
24 | (I) placing and maintaining children in facilities | ||||||
25 | that provide
separate living quarters for children | ||||||
26 | under the age of 18 and for children
18 years of age |
| |||||||
| |||||||
1 | and older, unless a child 18 years of age is in the | ||||||
2 | last
year of high school education or vocational | ||||||
3 | training, in an approved
individual or group treatment | ||||||
4 | program, in a licensed shelter facility,
or secure | ||||||
5 | child care facility.
The Department is not required to | ||||||
6 | place or maintain children:
| ||||||
7 | (i) who are in a foster home, or
| ||||||
8 | (ii) who are persons with a developmental | ||||||
9 | disability, as defined in
the Mental
Health and | ||||||
10 | Developmental Disabilities Code, or
| ||||||
11 | (iii) who are female children who are | ||||||
12 | pregnant, pregnant and
parenting or parenting, or
| ||||||
13 | (iv) who are siblings, in facilities that | ||||||
14 | provide separate living quarters for children 18
| ||||||
15 | years of age and older and for children under 18 | ||||||
16 | years of age.
| ||||||
17 | (b) Nothing in this Section shall be construed to authorize | ||||||
18 | the
expenditure of public funds for the purpose of performing | ||||||
19 | abortions.
| ||||||
20 | (c) The Department shall establish and maintain | ||||||
21 | tax-supported child
welfare services and extend and seek to | ||||||
22 | improve voluntary services
throughout the State, to the end | ||||||
23 | that services and care shall be available
on an equal basis | ||||||
24 | throughout the State to children requiring such services.
| ||||||
25 | (d) The Director may authorize advance disbursements for | ||||||
26 | any new program
initiative to any agency contracting with the |
| |||||||
| |||||||
1 | Department. As a
prerequisite for an advance disbursement, the | ||||||
2 | contractor must post a
surety bond in the amount of the advance | ||||||
3 | disbursement and have a
purchase of service contract approved | ||||||
4 | by the Department. The Department
may pay up to 2 months | ||||||
5 | operational expenses in advance. The amount of the
advance | ||||||
6 | disbursement shall be prorated over the life of the contract
or | ||||||
7 | the remaining months of the fiscal year, whichever is less, and | ||||||
8 | the
installment amount shall then be deducted from future | ||||||
9 | bills. Advance
disbursement authorizations for new initiatives | ||||||
10 | shall not be made to any
agency after that agency has operated | ||||||
11 | during 2 consecutive fiscal years.
The requirements of this | ||||||
12 | Section concerning advance disbursements shall
not apply with | ||||||
13 | respect to the following: payments to local public agencies
for | ||||||
14 | child day care services as authorized by Section 5a of this | ||||||
15 | Act; and
youth service programs receiving grant funds under | ||||||
16 | Section 17a-4.
| ||||||
17 | (e) (Blank).
| ||||||
18 | (f) (Blank).
| ||||||
19 | (g) The Department shall establish rules and regulations | ||||||
20 | concerning
its operation of programs designed to meet the goals | ||||||
21 | of child safety and
protection,
family preservation, family | ||||||
22 | reunification, and adoption, including but not
limited to:
| ||||||
23 | (1) adoption;
| ||||||
24 | (2) foster care;
| ||||||
25 | (3) family counseling;
| ||||||
26 | (4) protective services;
|
| |||||||
| |||||||
1 | (5) (blank);
| ||||||
2 | (6) homemaker service;
| ||||||
3 | (7) return of runaway children;
| ||||||
4 | (8) (blank);
| ||||||
5 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
6 | Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile | ||||||
7 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
8 | Assistance and Child Welfare Act of
1980; and
| ||||||
9 | (10) interstate services.
| ||||||
10 | Rules and regulations established by the Department shall | ||||||
11 | include
provisions for training Department staff and the staff | ||||||
12 | of Department
grantees, through contracts with other agencies | ||||||
13 | or resources, in alcohol
and drug abuse screening techniques | ||||||
14 | approved by the Department of Human
Services (before January 1, | ||||||
15 | 2011) or the Department of Healthcare and Family Services (on | ||||||
16 | and after January 1, 2011) , as a successor to the Department of | ||||||
17 | Alcoholism and Substance Abuse,
for the purpose of identifying | ||||||
18 | children and adults who
should be referred to an alcohol and | ||||||
19 | drug abuse treatment program for
professional evaluation.
| ||||||
20 | (h) If the Department finds that there is no appropriate | ||||||
21 | program or
facility within or available to the Department for a | ||||||
22 | ward and that no
licensed private facility has an adequate and | ||||||
23 | appropriate program or none
agrees to accept the ward, the | ||||||
24 | Department shall create an appropriate
individualized, | ||||||
25 | program-oriented plan for such ward. The
plan may be developed | ||||||
26 | within the Department or through purchase of services
by the |
| |||||||
| |||||||
1 | Department to the extent that it is within its statutory | ||||||
2 | authority
to do.
| ||||||
3 | (i) Service programs shall be available throughout the | ||||||
4 | State and shall
include but not be limited to the following | ||||||
5 | services:
| ||||||
6 | (1) case management;
| ||||||
7 | (2) homemakers;
| ||||||
8 | (3) counseling;
| ||||||
9 | (4) parent education;
| ||||||
10 | (5) day care; and
| ||||||
11 | (6) emergency assistance and advocacy.
| ||||||
12 | In addition, the following services may be made available | ||||||
13 | to assess and
meet the needs of children and families:
| ||||||
14 | (1) comprehensive family-based services;
| ||||||
15 | (2) assessments;
| ||||||
16 | (3) respite care; and
| ||||||
17 | (4) in-home health services.
| ||||||
18 | The Department shall provide transportation for any of the | ||||||
19 | services it
makes available to children or families or for | ||||||
20 | which it refers children
or families.
| ||||||
21 | (j) The Department may provide categories of financial | ||||||
22 | assistance and
education assistance grants, and shall
| ||||||
23 | establish rules and regulations concerning the assistance and | ||||||
24 | grants, to
persons who
adopt physically or mentally | ||||||
25 | handicapped, older and other hard-to-place
children who (i) | ||||||
26 | immediately prior to their adoption were legal wards of
the |
| |||||||
| |||||||
1 | Department
or (ii) were determined eligible for financial | ||||||
2 | assistance with respect to a
prior adoption and who become | ||||||
3 | available for adoption because the
prior adoption has been | ||||||
4 | dissolved and the parental rights of the adoptive
parents have | ||||||
5 | been
terminated or because the child's adoptive parents have | ||||||
6 | died.
The Department may continue to provide financial | ||||||
7 | assistance and education assistance grants for a child who was | ||||||
8 | determined eligible for financial assistance under this | ||||||
9 | subsection (j) in the interim period beginning when the child's | ||||||
10 | adoptive parents died and ending with the finalization of the | ||||||
11 | new adoption of the child by another adoptive parent or | ||||||
12 | parents. The Department may also provide categories of | ||||||
13 | financial
assistance and education assistance grants, and
| ||||||
14 | shall establish rules and regulations for the assistance and | ||||||
15 | grants, to persons
appointed guardian of the person under | ||||||
16 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
17 | 4-25 or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
18 | who were wards of the Department for 12 months immediately
| ||||||
19 | prior to the appointment of the guardian.
| ||||||
20 | The amount of assistance may vary, depending upon the needs | ||||||
21 | of the child
and the adoptive parents,
as set forth in the | ||||||
22 | annual
assistance agreement. Special purpose grants are | ||||||
23 | allowed where the child
requires special service but such costs | ||||||
24 | may not exceed the amounts
which similar services would cost | ||||||
25 | the Department if it were to provide or
secure them as guardian | ||||||
26 | of the child.
|
| |||||||
| |||||||
1 | Any financial assistance provided under this subsection is
| ||||||
2 | inalienable by assignment, sale, execution, attachment, | ||||||
3 | garnishment, or any
other remedy for recovery or collection of | ||||||
4 | a judgment or debt.
| ||||||
5 | (j-5) The Department shall not deny or delay the placement | ||||||
6 | of a child for
adoption
if an approved family is available | ||||||
7 | either outside of the Department region
handling the case,
or | ||||||
8 | outside of the State of Illinois.
| ||||||
9 | (k) The Department shall accept for care and training any | ||||||
10 | child who has
been adjudicated neglected or abused, or | ||||||
11 | dependent committed to it pursuant
to the Juvenile Court Act or | ||||||
12 | the Juvenile Court Act of 1987.
| ||||||
13 | (l) The Department shall
offer family preservation | ||||||
14 | services, as defined in Section 8.2 of the Abused
and
Neglected | ||||||
15 | Child
Reporting Act, to help families, including adoptive and | ||||||
16 | extended families.
Family preservation
services shall be | ||||||
17 | offered (i) to prevent the
placement
of children in
substitute | ||||||
18 | care when the children can be cared for at home or in the | ||||||
19 | custody of
the person
responsible for the children's welfare,
| ||||||
20 | (ii) to
reunite children with their families, or (iii) to
| ||||||
21 | maintain an adoptive placement. Family preservation services | ||||||
22 | shall only be
offered when doing so will not endanger the | ||||||
23 | children's health or safety. With
respect to children who are | ||||||
24 | in substitute care pursuant to the Juvenile Court
Act of 1987, | ||||||
25 | family preservation services shall not be offered if a goal | ||||||
26 | other
than those of subdivisions (A), (B), or (B-1) of |
| |||||||
| |||||||
1 | subsection (2) of Section 2-28
of
that Act has been set.
| ||||||
2 | Nothing in this paragraph shall be construed to create a | ||||||
3 | private right of
action or claim on the part of any individual | ||||||
4 | or child welfare agency, except that when a child is the | ||||||
5 | subject of an action under Article II of the Juvenile Court Act | ||||||
6 | of 1987 and the child's service plan calls for services to | ||||||
7 | facilitate achievement of the permanency goal, the court | ||||||
8 | hearing the action under Article II of the Juvenile Court Act | ||||||
9 | of 1987 may order the Department to provide the services set | ||||||
10 | out in the plan, if those services are not provided with | ||||||
11 | reasonable promptness and if those services are available.
| ||||||
12 | The Department shall notify the child and his family of the
| ||||||
13 | Department's
responsibility to offer and provide family | ||||||
14 | preservation services as
identified in the service plan. The | ||||||
15 | child and his family shall be eligible
for services as soon as | ||||||
16 | the report is determined to be "indicated". The
Department may | ||||||
17 | offer services to any child or family with respect to whom a
| ||||||
18 | report of suspected child abuse or neglect has been filed, | ||||||
19 | prior to
concluding its investigation under Section 7.12 of the | ||||||
20 | Abused and Neglected
Child Reporting Act. However, the child's | ||||||
21 | or family's willingness to
accept services shall not be | ||||||
22 | considered in the investigation. The
Department may also | ||||||
23 | provide services to any child or family who is the
subject of | ||||||
24 | any report of suspected child abuse or neglect or may refer | ||||||
25 | such
child or family to services available from other agencies | ||||||
26 | in the community,
even if the report is determined to be |
| |||||||
| |||||||
1 | unfounded, if the conditions in the
child's or family's home | ||||||
2 | are reasonably likely to subject the child or
family to future | ||||||
3 | reports of suspected child abuse or neglect. Acceptance
of such | ||||||
4 | services shall be voluntary. The Department may also provide | ||||||
5 | services to any child or family after completion of a family | ||||||
6 | assessment, as an alternative to an investigation, as provided | ||||||
7 | under the "differential response program" provided for in | ||||||
8 | subsection (a-5) of Section 7.4 of the Abused and Neglected | ||||||
9 | Child Reporting Act.
| ||||||
10 | The Department may, at its discretion except for those | ||||||
11 | children also
adjudicated neglected or dependent, accept for | ||||||
12 | care and training any child
who has been adjudicated addicted, | ||||||
13 | as a truant minor in need of
supervision or as a minor | ||||||
14 | requiring authoritative intervention, under the
Juvenile Court | ||||||
15 | Act or the Juvenile Court Act of 1987, but no such child
shall | ||||||
16 | be committed to the Department by any court without the | ||||||
17 | approval of
the Department. A minor charged with a criminal | ||||||
18 | offense under the Criminal
Code of 1961 or adjudicated | ||||||
19 | delinquent shall not be placed in the custody of or
committed | ||||||
20 | to the Department by any court, except (i) a minor less than 15 | ||||||
21 | years
of age committed to the Department under Section 5-710 of | ||||||
22 | the Juvenile Court
Act
of 1987, (ii) a minor for whom an | ||||||
23 | independent basis of abuse, neglect, or dependency exists, | ||||||
24 | which must be defined by departmental rule, or (iii) a minor | ||||||
25 | for whom the court has granted a supplemental petition to | ||||||
26 | reinstate wardship pursuant to subsection (2) of Section 2-33 |
| |||||||
| |||||||
1 | of the Juvenile Court Act of 1987. An independent basis exists | ||||||
2 | when the allegations or adjudication of abuse, neglect, or | ||||||
3 | dependency do not arise from the same facts, incident, or | ||||||
4 | circumstances which give rise to a charge or adjudication of | ||||||
5 | delinquency.
| ||||||
6 | As soon as is possible after August 7, 2009 ( the effective | ||||||
7 | date of Public Act 96-134) this amendatory Act of the 96th | ||||||
8 | General Assembly , the Department shall develop and implement a | ||||||
9 | special program of family preservation services to support | ||||||
10 | intact, foster, and adoptive families who are experiencing | ||||||
11 | extreme hardships due to the difficulty and stress of caring | ||||||
12 | for a child who has been diagnosed with a pervasive | ||||||
13 | developmental disorder if the Department determines that those | ||||||
14 | services are necessary to ensure the health and safety of the | ||||||
15 | child. The Department may offer services to any family whether | ||||||
16 | or not a report has been filed under the Abused and Neglected | ||||||
17 | Child Reporting Act. The Department may refer the child or | ||||||
18 | family to services available from other agencies in the | ||||||
19 | community if the conditions in the child's or family's home are | ||||||
20 | reasonably likely to subject the child or family to future | ||||||
21 | reports of suspected child abuse or neglect. Acceptance of | ||||||
22 | these services shall be voluntary. The Department shall develop | ||||||
23 | and implement a public information campaign to alert health and | ||||||
24 | social service providers and the general public about these | ||||||
25 | special family preservation services. The nature and scope of | ||||||
26 | the services offered and the number of families served under |
| |||||||
| |||||||
1 | the special program implemented under this paragraph shall be | ||||||
2 | determined by the level of funding that the Department annually | ||||||
3 | allocates for this purpose. The term "pervasive developmental | ||||||
4 | disorder" under this paragraph means a neurological condition, | ||||||
5 | including but not limited to, Asperger's Syndrome and autism, | ||||||
6 | as defined in the most recent edition of the Diagnostic and | ||||||
7 | Statistical Manual of Mental Disorders of the American | ||||||
8 | Psychiatric Association. | ||||||
9 | (l-1) The legislature recognizes that the best interests of | ||||||
10 | the child
require that
the child be placed in the most | ||||||
11 | permanent living arrangement as soon as is
practically
| ||||||
12 | possible. To achieve this goal, the legislature directs the | ||||||
13 | Department of
Children and
Family Services to conduct | ||||||
14 | concurrent planning so that permanency may occur at
the
| ||||||
15 | earliest opportunity. Permanent living arrangements may | ||||||
16 | include prevention of
placement of a child outside the home of | ||||||
17 | the family when the child can be cared
for at
home without | ||||||
18 | endangering the child's health or safety; reunification with | ||||||
19 | the
family,
when safe and appropriate, if temporary placement | ||||||
20 | is necessary; or movement of
the child
toward the most | ||||||
21 | permanent living arrangement and permanent legal status.
| ||||||
22 | When determining reasonable efforts to be made with respect | ||||||
23 | to a child, as
described in this
subsection, and in making such | ||||||
24 | reasonable efforts, the child's health and
safety shall be the
| ||||||
25 | paramount concern.
| ||||||
26 | When a child is placed in foster care, the Department shall |
| |||||||
| |||||||
1 | ensure and
document that reasonable efforts were made to | ||||||
2 | prevent or eliminate the need to
remove the child from the | ||||||
3 | child's home. The Department must make
reasonable efforts to | ||||||
4 | reunify the family when temporary placement of the child
occurs
| ||||||
5 | unless otherwise required, pursuant to the Juvenile Court Act | ||||||
6 | of 1987.
At any time after the dispositional hearing where the | ||||||
7 | Department believes
that further reunification services would | ||||||
8 | be ineffective, it may request a
finding from the court that | ||||||
9 | reasonable efforts are no longer appropriate. The
Department is | ||||||
10 | not required to provide further reunification services after | ||||||
11 | such
a
finding.
| ||||||
12 | A decision to place a child in substitute care shall be | ||||||
13 | made with
considerations of the child's health, safety, and | ||||||
14 | best interests. At the
time of placement, consideration should | ||||||
15 | also be given so that if reunification
fails or is delayed, the | ||||||
16 | placement made is the best available placement to
provide | ||||||
17 | permanency for the child.
| ||||||
18 | The Department shall adopt rules addressing concurrent | ||||||
19 | planning for
reunification and permanency. The Department | ||||||
20 | shall consider the following
factors when determining | ||||||
21 | appropriateness of concurrent planning:
| ||||||
22 | (1) the likelihood of prompt reunification;
| ||||||
23 | (2) the past history of the family;
| ||||||
24 | (3) the barriers to reunification being addressed by | ||||||
25 | the family;
| ||||||
26 | (4) the level of cooperation of the family;
|
| |||||||
| |||||||
1 | (5) the foster parents' willingness to work with the | ||||||
2 | family to reunite;
| ||||||
3 | (6) the willingness and ability of the foster family to | ||||||
4 | provide an
adoptive
home or long-term placement;
| ||||||
5 | (7) the age of the child;
| ||||||
6 | (8) placement of siblings.
| ||||||
7 | (m) The Department may assume temporary custody of any | ||||||
8 | child if:
| ||||||
9 | (1) it has received a written consent to such temporary | ||||||
10 | custody
signed by the parents of the child or by the parent | ||||||
11 | having custody of the
child if the parents are not living | ||||||
12 | together or by the guardian or
custodian of the child if | ||||||
13 | the child is not in the custody of either
parent, or
| ||||||
14 | (2) the child is found in the State and neither a | ||||||
15 | parent,
guardian nor custodian of the child can be located.
| ||||||
16 | If the child is found in his or her residence without a parent, | ||||||
17 | guardian,
custodian or responsible caretaker, the Department | ||||||
18 | may, instead of removing
the child and assuming temporary | ||||||
19 | custody, place an authorized
representative of the Department | ||||||
20 | in that residence until such time as a
parent, guardian or | ||||||
21 | custodian enters the home and expresses a willingness
and | ||||||
22 | apparent ability to ensure the child's health and safety and | ||||||
23 | resume
permanent
charge of the child, or until a
relative | ||||||
24 | enters the home and is willing and able to ensure the child's | ||||||
25 | health
and
safety and assume charge of the
child until a | ||||||
26 | parent, guardian or custodian enters the home and expresses
|
| |||||||
| |||||||
1 | such willingness and ability to ensure the child's safety and | ||||||
2 | resume
permanent charge. After a caretaker has remained in the | ||||||
3 | home for a period not
to exceed 12 hours, the Department must | ||||||
4 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
5 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
6 | The Department shall have the authority, responsibilities | ||||||
7 | and duties that
a legal custodian of the child would have | ||||||
8 | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||||||
9 | Act of 1987. Whenever a child is taken
into temporary custody | ||||||
10 | pursuant to an investigation under the Abused and
Neglected | ||||||
11 | Child Reporting Act, or pursuant to a referral and acceptance
| ||||||
12 | under the Juvenile Court Act of 1987 of a minor in limited | ||||||
13 | custody, the
Department, during the period of temporary custody | ||||||
14 | and before the child
is brought before a judicial officer as | ||||||
15 | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||||||
16 | Court Act of 1987, shall have
the authority, responsibilities | ||||||
17 | and duties that a legal custodian of the child
would have under | ||||||
18 | subsection (9) of Section 1-3 of the Juvenile Court Act of
| ||||||
19 | 1987.
| ||||||
20 | The Department shall ensure that any child taken into | ||||||
21 | custody
is scheduled for an appointment for a medical | ||||||
22 | examination.
| ||||||
23 | A parent, guardian or custodian of a child in the temporary | ||||||
24 | custody of the
Department who would have custody of the child | ||||||
25 | if he were not in the
temporary custody of the Department may | ||||||
26 | deliver to the Department a signed
request that the Department |
| |||||||
| |||||||
1 | surrender the temporary custody of the child.
The Department | ||||||
2 | may retain temporary custody of the child for 10 days after
the | ||||||
3 | receipt of the request, during which period the Department may | ||||||
4 | cause to
be filed a petition pursuant to the Juvenile Court Act | ||||||
5 | of 1987. If a
petition is so filed, the Department shall retain | ||||||
6 | temporary custody of the
child until the court orders | ||||||
7 | otherwise. If a petition is not filed within
the 10 day period, | ||||||
8 | the child shall be surrendered to the custody of the
requesting | ||||||
9 | parent, guardian or custodian not later than the expiration of
| ||||||
10 | the 10 day period, at which time the authority and duties of | ||||||
11 | the Department
with respect to the temporary custody of the | ||||||
12 | child shall terminate.
| ||||||
13 | (m-1) The Department may place children under 18 years of | ||||||
14 | age in a secure
child care facility licensed by the Department | ||||||
15 | that cares for children who are
in need of secure living | ||||||
16 | arrangements for their health, safety, and well-being
after a | ||||||
17 | determination is made by the facility director and the Director | ||||||
18 | or the
Director's designate prior to admission to the facility | ||||||
19 | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||||||
20 | This subsection (m-1) does not apply
to a child who is subject | ||||||
21 | to placement in a correctional facility operated
pursuant to | ||||||
22 | Section 3-15-2 of the Unified Code of Corrections, unless the
| ||||||
23 | child is a ward who was placed under the care of the Department | ||||||
24 | before being
subject to placement in a correctional facility | ||||||
25 | and a court of competent
jurisdiction has ordered placement of | ||||||
26 | the child in a secure care facility.
|
| |||||||
| |||||||
1 | (n) The Department may place children under 18 years of age | ||||||
2 | in
licensed child care facilities when in the opinion of the | ||||||
3 | Department,
appropriate services aimed at family preservation | ||||||
4 | have been unsuccessful and
cannot ensure the child's health and | ||||||
5 | safety or are unavailable and such
placement would be for their | ||||||
6 | best interest. Payment
for board, clothing, care, training and | ||||||
7 | supervision of any child placed in
a licensed child care | ||||||
8 | facility may be made by the Department, by the
parents or | ||||||
9 | guardians of the estates of those children, or by both the
| ||||||
10 | Department and the parents or guardians, except that no | ||||||
11 | payments shall be
made by the Department for any child placed | ||||||
12 | in a licensed child care
facility for board, clothing, care, | ||||||
13 | training and supervision of such a
child that exceed the | ||||||
14 | average per capita cost of maintaining and of caring
for a | ||||||
15 | child in institutions for dependent or neglected children | ||||||
16 | operated by
the Department. However, such restriction on | ||||||
17 | payments does not apply in
cases where children require | ||||||
18 | specialized care and treatment for problems of
severe emotional | ||||||
19 | disturbance, physical disability, social adjustment, or
any | ||||||
20 | combination thereof and suitable facilities for the placement | ||||||
21 | of such
children are not available at payment rates within the | ||||||
22 | limitations set
forth in this Section. All reimbursements for | ||||||
23 | services delivered shall be
absolutely inalienable by | ||||||
24 | assignment, sale, attachment, garnishment or
otherwise.
| ||||||
25 | (n-1) The Department shall provide or authorize child | ||||||
26 | welfare services, aimed at assisting minors to achieve |
| |||||||
| |||||||
1 | sustainable self-sufficiency as independent adults, for any | ||||||
2 | minor eligible for the reinstatement of wardship pursuant to | ||||||
3 | subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
4 | 1987, whether or not such reinstatement is sought or allowed, | ||||||
5 | provided that the minor consents to such services and has not | ||||||
6 | yet attained the age of 21. The Department shall have | ||||||
7 | responsibility for the development and delivery of services | ||||||
8 | under this Section. An eligible youth may access services under | ||||||
9 | this Section through the Department of Children and Family | ||||||
10 | Services or by referral from the Department of Human Services. | ||||||
11 | Youth participating in services under this Section shall | ||||||
12 | cooperate with the assigned case manager in developing an | ||||||
13 | agreement identifying the services to be provided and how the | ||||||
14 | youth will increase skills to achieve self-sufficiency. A | ||||||
15 | homeless shelter is not considered appropriate housing for any | ||||||
16 | youth receiving child welfare services under this Section. The | ||||||
17 | Department shall continue child welfare services under this | ||||||
18 | Section to any eligible minor until the minor becomes 21 years | ||||||
19 | of age, no longer consents to participate, or achieves | ||||||
20 | self-sufficiency as identified in the minor's service plan. The | ||||||
21 | Department of Children and Family Services shall create clear, | ||||||
22 | readable notice of the rights of former foster youth to child | ||||||
23 | welfare services under this Section and how such services may | ||||||
24 | be obtained. The Department of Children and Family Services and | ||||||
25 | the Department of Human Services shall disseminate this | ||||||
26 | information statewide. The Department shall adopt regulations |
| |||||||
| |||||||
1 | describing services intended to assist minors in achieving | ||||||
2 | sustainable self-sufficiency as independent adults. | ||||||
3 | (o) The Department shall establish an administrative | ||||||
4 | review and appeal
process for children and families who request | ||||||
5 | or receive child welfare
services from the Department. Children | ||||||
6 | who are wards of the Department and
are placed by private child | ||||||
7 | welfare agencies, and foster families with whom
those children | ||||||
8 | are placed, shall be afforded the same procedural and appeal
| ||||||
9 | rights as children and families in the case of placement by the | ||||||
10 | Department,
including the right to an initial review of a | ||||||
11 | private agency decision by
that agency. The Department shall | ||||||
12 | insure that any private child welfare
agency, which accepts | ||||||
13 | wards of the Department for placement, affords those
rights to | ||||||
14 | children and foster families. The Department shall accept for
| ||||||
15 | administrative review and an appeal hearing a complaint made by | ||||||
16 | (i) a child
or foster family concerning a decision following an | ||||||
17 | initial review by a
private child welfare agency or (ii) a | ||||||
18 | prospective adoptive parent who alleges
a violation of | ||||||
19 | subsection (j-5) of this Section. An appeal of a decision
| ||||||
20 | concerning a change in the placement of a child shall be | ||||||
21 | conducted in an
expedited manner.
| ||||||
22 | (p) There is hereby created the Department of Children and | ||||||
23 | Family
Services Emergency Assistance Fund from which the | ||||||
24 | Department may provide
special financial assistance to | ||||||
25 | families which are in economic crisis when
such assistance is | ||||||
26 | not available through other public or private sources
and the |
| |||||||
| |||||||
1 | assistance is deemed necessary to prevent dissolution of the | ||||||
2 | family
unit or to reunite families which have been separated | ||||||
3 | due to child abuse and
neglect. The Department shall establish | ||||||
4 | administrative rules specifying
the criteria for determining | ||||||
5 | eligibility for and the amount and nature of
assistance to be | ||||||
6 | provided. The Department may also enter into written
agreements | ||||||
7 | with private and public social service agencies to provide
| ||||||
8 | emergency financial services to families referred by the | ||||||
9 | Department.
Special financial assistance payments shall be | ||||||
10 | available to a family no
more than once during each fiscal year | ||||||
11 | and the total payments to a
family may not exceed $500 during a | ||||||
12 | fiscal year.
| ||||||
13 | (q) The Department may receive and use, in their entirety, | ||||||
14 | for the
benefit of children any gift, donation or bequest of | ||||||
15 | money or other
property which is received on behalf of such | ||||||
16 | children, or any financial
benefits to which such children are | ||||||
17 | or may become entitled while under
the jurisdiction or care of | ||||||
18 | the Department.
| ||||||
19 | The Department shall set up and administer no-cost, | ||||||
20 | interest-bearing accounts in appropriate financial | ||||||
21 | institutions
for children for whom the Department is legally | ||||||
22 | responsible and who have been
determined eligible for Veterans' | ||||||
23 | Benefits, Social Security benefits,
assistance allotments from | ||||||
24 | the armed forces, court ordered payments, parental
voluntary | ||||||
25 | payments, Supplemental Security Income, Railroad Retirement
| ||||||
26 | payments, Black Lung benefits, or other miscellaneous |
| |||||||
| |||||||
1 | payments. Interest
earned by each account shall be credited to | ||||||
2 | the account, unless
disbursed in accordance with this | ||||||
3 | subsection.
| ||||||
4 | In disbursing funds from children's accounts, the | ||||||
5 | Department
shall:
| ||||||
6 | (1) Establish standards in accordance with State and | ||||||
7 | federal laws for
disbursing money from children's | ||||||
8 | accounts. In all
circumstances,
the Department's | ||||||
9 | "Guardianship Administrator" or his or her designee must
| ||||||
10 | approve disbursements from children's accounts. The | ||||||
11 | Department
shall be responsible for keeping complete | ||||||
12 | records of all disbursements for each account for any | ||||||
13 | purpose.
| ||||||
14 | (2) Calculate on a monthly basis the amounts paid from | ||||||
15 | State funds for the
child's board and care, medical care | ||||||
16 | not covered under Medicaid, and social
services; and | ||||||
17 | utilize funds from the child's account, as
covered by | ||||||
18 | regulation, to reimburse those costs. Monthly, | ||||||
19 | disbursements from
all children's accounts, up to 1/12 of | ||||||
20 | $13,000,000, shall be
deposited by the Department into the | ||||||
21 | General Revenue Fund and the balance over
1/12 of | ||||||
22 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
23 | (3) Maintain any balance remaining after reimbursing | ||||||
24 | for the child's costs
of care, as specified in item (2). | ||||||
25 | The balance shall accumulate in accordance
with relevant | ||||||
26 | State and federal laws and shall be disbursed to the child |
| |||||||
| |||||||
1 | or his
or her guardian, or to the issuing agency.
| ||||||
2 | (r) The Department shall promulgate regulations | ||||||
3 | encouraging all adoption
agencies to voluntarily forward to the | ||||||
4 | Department or its agent names and
addresses of all persons who | ||||||
5 | have applied for and have been approved for
adoption of a | ||||||
6 | hard-to-place or handicapped child and the names of such
| ||||||
7 | children who have not been placed for adoption. A list of such | ||||||
8 | names and
addresses shall be maintained by the Department or | ||||||
9 | its agent, and coded
lists which maintain the confidentiality | ||||||
10 | of the person seeking to adopt the
child and of the child shall | ||||||
11 | be made available, without charge, to every
adoption agency in | ||||||
12 | the State to assist the agencies in placing such
children for | ||||||
13 | adoption. The Department may delegate to an agent its duty to
| ||||||
14 | maintain and make available such lists. The Department shall | ||||||
15 | ensure that
such agent maintains the confidentiality of the | ||||||
16 | person seeking to adopt the
child and of the child.
| ||||||
17 | (s) The Department of Children and Family Services may | ||||||
18 | establish and
implement a program to reimburse Department and | ||||||
19 | private child welfare
agency foster parents licensed by the | ||||||
20 | Department of Children and Family
Services for damages | ||||||
21 | sustained by the foster parents as a result of the
malicious or | ||||||
22 | negligent acts of foster children, as well as providing third
| ||||||
23 | party coverage for such foster parents with regard to actions | ||||||
24 | of foster
children to other individuals. Such coverage will be | ||||||
25 | secondary to the
foster parent liability insurance policy, if | ||||||
26 | applicable. The program shall
be funded through appropriations |
| |||||||
| |||||||
1 | from the General Revenue Fund,
specifically designated for such | ||||||
2 | purposes.
| ||||||
3 | (t) The Department shall perform home studies and | ||||||
4 | investigations and
shall exercise supervision over visitation | ||||||
5 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
6 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
7 | (1) an order entered by an Illinois court specifically
| ||||||
8 | directs the Department to perform such services; and
| ||||||
9 | (2) the court has ordered one or both of the parties to
| ||||||
10 | the proceeding to reimburse the Department for its | ||||||
11 | reasonable costs for
providing such services in accordance | ||||||
12 | with Department rules, or has
determined that neither party | ||||||
13 | is financially able to pay.
| ||||||
14 | The Department shall provide written notification to the | ||||||
15 | court of the
specific arrangements for supervised visitation | ||||||
16 | and projected monthly costs
within 60 days of the court order. | ||||||
17 | The Department shall send to the court
information related to | ||||||
18 | the costs incurred except in cases where the court
has | ||||||
19 | determined the parties are financially unable to pay. The court | ||||||
20 | may
order additional periodic reports as appropriate.
| ||||||
21 | (u) In addition to other information that must be provided, | ||||||
22 | whenever the Department places a child with a prospective | ||||||
23 | adoptive parent or parents or in a licensed foster home,
group | ||||||
24 | home, child care institution, or in a relative home, the | ||||||
25 | Department
shall provide to the prospective adoptive parent or | ||||||
26 | parents or other caretaker:
|
| |||||||
| |||||||
1 | (1) available detailed information concerning the | ||||||
2 | child's educational
and health history, copies of | ||||||
3 | immunization records (including insurance
and medical card | ||||||
4 | information), a history of the child's previous | ||||||
5 | placements,
if any, and reasons for placement changes | ||||||
6 | excluding any information that
identifies or reveals the | ||||||
7 | location of any previous caretaker;
| ||||||
8 | (2) a copy of the child's portion of the client service | ||||||
9 | plan, including
any visitation arrangement, and all | ||||||
10 | amendments or revisions to it as
related to the child; and
| ||||||
11 | (3) information containing details of the child's | ||||||
12 | individualized
educational plan when the child is | ||||||
13 | receiving special education services.
| ||||||
14 | The caretaker shall be informed of any known social or | ||||||
15 | behavioral
information (including, but not limited to, | ||||||
16 | criminal background, fire
setting, perpetuation of
sexual | ||||||
17 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
18 | care
for and safeguard the children to be placed or currently | ||||||
19 | in the home. The Department may prepare a written summary of | ||||||
20 | the information required by this paragraph, which may be | ||||||
21 | provided to the foster or prospective adoptive parent in | ||||||
22 | advance of a placement. The foster or prospective adoptive | ||||||
23 | parent may review the supporting documents in the child's file | ||||||
24 | in the presence of casework staff. In the case of an emergency | ||||||
25 | placement, casework staff shall at least provide known | ||||||
26 | information verbally, if necessary, and must subsequently |
| |||||||
| |||||||
1 | provide the information in writing as required by this | ||||||
2 | subsection.
| ||||||
3 | The information described in this subsection shall be | ||||||
4 | provided in writing. In the case of emergency placements when | ||||||
5 | time does not allow prior review, preparation, and collection | ||||||
6 | of written information, the Department shall provide such | ||||||
7 | information as it becomes available. Within 10 business days | ||||||
8 | after placement, the Department shall obtain from the | ||||||
9 | prospective adoptive parent or parents or other caretaker a | ||||||
10 | signed verification of receipt of the information provided. | ||||||
11 | Within 10 business days after placement, the Department shall | ||||||
12 | provide to the child's guardian ad litem a copy of the | ||||||
13 | information provided to the prospective adoptive parent or | ||||||
14 | parents or other caretaker. The information provided to the | ||||||
15 | prospective adoptive parent or parents or other caretaker shall | ||||||
16 | be reviewed and approved regarding accuracy at the supervisory | ||||||
17 | level.
| ||||||
18 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
19 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
20 | of 1969 shall be eligible to
receive foster care payments from | ||||||
21 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
22 | were approved pursuant to approved
relative placement rules | ||||||
23 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
24 | 335 and had submitted an application for licensure as a foster | ||||||
25 | family
home may continue to receive foster care payments only | ||||||
26 | until the Department
determines that they may be licensed as a |
| |||||||
| |||||||
1 | foster family home or that their
application for licensure is | ||||||
2 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
3 | (v) The Department shall access criminal history record | ||||||
4 | information
as defined in the Illinois Uniform Conviction | ||||||
5 | Information Act and information
maintained in the adjudicatory | ||||||
6 | and dispositional record system as defined in
Section 2605-355 | ||||||
7 | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||||||
8 | if the Department determines the information is necessary to | ||||||
9 | perform its duties
under the Abused and Neglected Child | ||||||
10 | Reporting Act, the Child Care Act of 1969,
and the Children and | ||||||
11 | Family Services Act. The Department shall provide for
| ||||||
12 | interactive computerized communication and processing | ||||||
13 | equipment that permits
direct on-line communication with the | ||||||
14 | Department of State Police's central
criminal history data | ||||||
15 | repository. The Department shall comply with all
certification | ||||||
16 | requirements and provide certified operators who have been
| ||||||
17 | trained by personnel from the Department of State Police. In | ||||||
18 | addition, one
Office of the Inspector General investigator | ||||||
19 | shall have training in the use of
the criminal history | ||||||
20 | information access system and have
access to the terminal. The | ||||||
21 | Department of Children and Family Services and its
employees | ||||||
22 | shall abide by rules and regulations established by the | ||||||
23 | Department of
State Police relating to the access and | ||||||
24 | dissemination of
this information.
| ||||||
25 | (v-1) Prior to final approval for placement of a child, the | ||||||
26 | Department shall conduct a criminal records background check of |
| |||||||
| |||||||
1 | the prospective foster or adoptive parent, including | ||||||
2 | fingerprint-based checks of national crime information | ||||||
3 | databases. Final approval for placement shall not be granted if | ||||||
4 | the record check reveals a felony conviction for child abuse or | ||||||
5 | neglect, for spousal abuse, for a crime against children, or | ||||||
6 | for a crime involving violence, including rape, sexual assault, | ||||||
7 | or homicide, but not including other physical assault or | ||||||
8 | battery, or if there is a felony conviction for physical | ||||||
9 | assault, battery, or a drug-related offense committed within | ||||||
10 | the past 5 years. | ||||||
11 | (v-2) Prior to final approval for placement of a child, the | ||||||
12 | Department shall check its child abuse and neglect registry for | ||||||
13 | information concerning prospective foster and adoptive | ||||||
14 | parents, and any adult living in the home. If any prospective | ||||||
15 | foster or adoptive parent or other adult living in the home has | ||||||
16 | resided in another state in the preceding 5 years, the | ||||||
17 | Department shall request a check of that other state's child | ||||||
18 | abuse and neglect registry.
| ||||||
19 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
20 | of Public Act
89-392), the Department shall prepare and submit | ||||||
21 | to the Governor and the
General Assembly, a written plan for | ||||||
22 | the development of in-state licensed
secure child care | ||||||
23 | facilities that care for children who are in need of secure
| ||||||
24 | living
arrangements for their health, safety, and well-being. | ||||||
25 | For purposes of this
subsection, secure care facility shall | ||||||
26 | mean a facility that is designed and
operated to ensure that |
| |||||||
| |||||||
1 | all entrances and exits from the facility, a building
or a | ||||||
2 | distinct part of the building, are under the exclusive control | ||||||
3 | of the
staff of the facility, whether or not the child has the | ||||||
4 | freedom of movement
within the perimeter of the facility, | ||||||
5 | building, or distinct part of the
building. The plan shall | ||||||
6 | include descriptions of the types of facilities that
are needed | ||||||
7 | in Illinois; the cost of developing these secure care | ||||||
8 | facilities;
the estimated number of placements; the potential | ||||||
9 | cost savings resulting from
the movement of children currently | ||||||
10 | out-of-state who are projected to be
returned to Illinois; the | ||||||
11 | necessary geographic distribution of these
facilities in | ||||||
12 | Illinois; and a proposed timetable for development of such
| ||||||
13 | facilities. | ||||||
14 | (x) The Department shall conduct annual credit history | ||||||
15 | checks to determine the financial history of children placed | ||||||
16 | under its guardianship pursuant to the Juvenile Court Act of | ||||||
17 | 1987. The Department shall conduct such credit checks starting | ||||||
18 | when a ward turns 12 years old and each year thereafter for the | ||||||
19 | duration of the guardianship as terminated pursuant to the | ||||||
20 | Juvenile Court Act of 1987. The Department shall determine if | ||||||
21 | financial exploitation of the child's personal information has | ||||||
22 | occurred. If financial exploitation appears to have taken place | ||||||
23 | or is presently ongoing, the Department shall notify the proper | ||||||
24 | law enforcement agency, the proper State's Attorney, or the | ||||||
25 | Attorney General. | ||||||
26 | (Source: P.A. 95-10, eff. 6-30-07; 95-601, eff. 9-11-07; |
| |||||||
| |||||||
1 | 95-642, eff. 6-1-08; 95-876, eff. 8-21-08; 96-134, eff. 8-7-09; | ||||||
2 | 96-581, eff. 1-1-10; 96-600, eff. 8-21-09; 96-619, eff. 1-1-10; | ||||||
3 | 96-760, eff. 1-1-10; revised 9-15-09.)
| ||||||
4 | Section 935. The Mental Health and Developmental | ||||||
5 | Disabilities Administrative Act is amended by changing | ||||||
6 | Sections 1, 2, 4.2, 5.1, 7.3, 12.1, 14, 15, 16.1, 17, 18.3, | ||||||
7 | 18.4, 31a, 33.1, 33.2, 34, 47, 56, 63, and 64 as follows:
| ||||||
8 | (20 ILCS 1705/1) (from Ch. 91 1/2, par. 100-1)
| ||||||
9 | Sec. 1. Purpose. The purpose of this Act is to consolidate | ||||||
10 | in one
statute certain powers and duties of the Department of | ||||||
11 | Healthcare and Family Services and the Department of Human | ||||||
12 | Services
relating to mental health and developmental | ||||||
13 | disabilities.
| ||||||
14 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
15 | (20 ILCS 1705/2) (from Ch. 91 1/2, par. 100-2)
| ||||||
16 | Sec. 2. Definitions; administrative subdivisions.
| ||||||
17 | (a) For the purposes of this Act, unless the context | ||||||
18 | otherwise requires:
| ||||||
19 | "Department" means the Department of Human Services with | ||||||
20 | respect to functions relating to developmental disabilities. | ||||||
21 | With respect to functions relating to mental health: | ||||||
22 | (1) Before January 1, 2011, "Department" means the | ||||||
23 | Department of Human Services. |
| |||||||
| |||||||
1 | (2) On and after January 1, 2011, "Department" means | ||||||
2 | the Department of Healthcare and Family Services. , | ||||||
3 | successor to the former
Department of Mental Health and | ||||||
4 | Developmental Disabilities.
| ||||||
5 | "Director means the Director of Healthcare and Family | ||||||
6 | Services. | ||||||
7 | "Secretary" means the Secretary of Human Services.
| ||||||
8 | (a-5) On and after January 1, 2011, the Department of | ||||||
9 | Healthcare and Family Services and the Director shall exercise | ||||||
10 | all of the powers, duties, rights, and responsibilities with | ||||||
11 | respect to the functions relating to mental health under this | ||||||
12 | Act that are transferred from the Department of Human Services | ||||||
13 | to the Department of Healthcare and Family Services on that | ||||||
14 | date under Section 2205-15 of the Department of Healthcare and | ||||||
15 | Family Services Law of the Civil Administrative Code of | ||||||
16 | Illinois. | ||||||
17 | (b) Unless the context otherwise requires:
| ||||||
18 | (1) References in this Act to the programs or | ||||||
19 | facilities of the
Department
shall be construed to refer | ||||||
20 | only to those programs or facilities of the
Department that | ||||||
21 | pertain to mental health or developmental disabilities.
| ||||||
22 | (2) References in this Act to the Department's service | ||||||
23 | providers or
service recipients shall be construed to refer | ||||||
24 | only to providers or recipients
of services that pertain to | ||||||
25 | the Department's mental health or and developmental
| ||||||
26 | disabilities functions.
|
| |||||||
| |||||||
1 | (3) References in this Act to employees of the | ||||||
2 | Department shall be
construed to refer only to employees | ||||||
3 | whose duties pertain to the Department's
mental health or | ||||||
4 | and developmental disabilities functions.
| ||||||
5 | (c) The Secretary and the Director shall establish such | ||||||
6 | subdivisions
of the Department as shall
be desirable and shall | ||||||
7 | assign to the various subdivisions the responsibilities
and | ||||||
8 | duties placed upon the Department by the Laws of the State of | ||||||
9 | Illinois.
| ||||||
10 | (d) There is established a coordinator of services to
| ||||||
11 | mentally disabled deaf and hearing impaired persons. In hiring | ||||||
12 | this
coordinator, every consideration shall be given to | ||||||
13 | qualified deaf or hearing
impaired individuals.
| ||||||
14 | (e) Whenever the administrative director of the | ||||||
15 | subdivision for mental
health
services is not a board-certified | ||||||
16 | psychiatrist, the
Secretary or the Director shall appoint a | ||||||
17 | Chief for Clinical Services who shall be a
board-certified | ||||||
18 | psychiatrist with both clinical and administrative
experience. | ||||||
19 | The Chief for Clinical Services shall be responsible for all
| ||||||
20 | clinical and medical decisions for mental health services.
| ||||||
21 | (Source: P.A. 91-536, eff. 1-1-00.)
| ||||||
22 | (20 ILCS 1705/4.2) (from Ch. 91 1/2, par. 100-4.2)
| ||||||
23 | Sec. 4.2. Facility staff.
| ||||||
24 | (a) The Department shall describe and
delineate guidelines | ||||||
25 | for each of the facilities it operates regarding the
number and |
| |||||||
| |||||||
1 | qualifications of the staff required to carry out prescribed
| ||||||
2 | duties. The guidelines shall be based on consideration of | ||||||
3 | recipient needs
as well as professional and programmatic | ||||||
4 | requirements, including those
established for purposes of | ||||||
5 | national accreditation and for certification
under Titles | ||||||
6 | XVIII and XIX of the federal Social Security Act.
| ||||||
7 | (b) As used in this Section, "direct care position" means | ||||||
8 | any
position with the Department in which the job titles which
| ||||||
9 | will regularly or temporarily entail contact with recipients in | ||||||
10 | the
Department's facilities for persons with a mental illness | ||||||
11 | or a developmental
disability.
| ||||||
12 | (c) The Department shall require that each candidate for | ||||||
13 | employment in a
direct
care position, as a condition of | ||||||
14 | employment, shall submit to
a fingerprint-based criminal | ||||||
15 | background investigation
to
determine whether the candidate | ||||||
16 | for employment in a direct care position has
ever been charged | ||||||
17 | with a
crime
and, if
so, the disposition of those charges. This | ||||||
18 | authorization shall indicate the
scope of the
inquiry and the | ||||||
19 | agencies which may be contacted. Upon this authorization, the
| ||||||
20 | Director
( or , on or after July 1, 1997, the Secretary ) shall | ||||||
21 | request and receive
information and assistance from any | ||||||
22 | federal,
State or local governmental agency as part of the | ||||||
23 | authorized investigation.
The Department of State Police shall | ||||||
24 | provide information
concerning any criminal charges, and their | ||||||
25 | disposition, now or hereafter filed
against a candidate for | ||||||
26 | employment in a direct care position upon request of
the |
| |||||||
| |||||||
1 | Department when the request
is made in the form and manner
| ||||||
2 | required by the Department of State Police.
| ||||||
3 | Information concerning convictions of a candidate for | ||||||
4 | employment in a direct
care position investigated
under this
| ||||||
5 | Section, including the source of the information and any | ||||||
6 | conclusions or
recommendations derived from the information, | ||||||
7 | shall be provided, upon request,
to
the candidate for | ||||||
8 | employment in a direct care position before final action by
the | ||||||
9 | Department on the application.
Information on convictions of
a | ||||||
10 | candidate for employment in a direct care
position under this | ||||||
11 | Act shall be provided to the director of the employing
unit, | ||||||
12 | and,
upon request, to the candidate for employment in a direct | ||||||
13 | care position. Any
information
concerning
criminal charges and | ||||||
14 | the disposition of those charges obtained by the
Department | ||||||
15 | shall
be confidential and may not be transmitted outside the | ||||||
16 | Department, except as
required
in this Act, and may not be | ||||||
17 | transmitted to anyone within the Department except
as
needed
| ||||||
18 | for the purpose of evaluating an application of a candidate for | ||||||
19 | employment in a
direct care
position.
Only information and | ||||||
20 | standards which bear a reasonable and rational relation to
the
| ||||||
21 | performance of a direct care position shall be used by the | ||||||
22 | Department. Any
employee
of the Department or the
Department
of | ||||||
23 | State Police receiving confidential information under this | ||||||
24 | Section who gives
or
causes to be given any confidential | ||||||
25 | information concerning any criminal
convictions of
a candidate | ||||||
26 | for employment in a direct care position shall be guilty of a |
| |||||||
| |||||||
1 | Class
A
misdemeanor unless
release of the information is | ||||||
2 | authorized by this Section.
| ||||||
3 | A Department employing unit may hire, on a probationary | ||||||
4 | basis, any candidate
for employment in a
direct care position, | ||||||
5 | authorizing a criminal background investigation under
this
| ||||||
6 | Section, pending the result of the investigation. A candidate | ||||||
7 | for employment
in
a direct care position shall be notified
| ||||||
8 | before he or she is hired
that his or her employment may be | ||||||
9 | terminated on the basis of criminal
background
information | ||||||
10 | obtained by the employing unit.
| ||||||
11 | No person may be employed in a direct care position who | ||||||
12 | refuses to authorize
an investigation as required by this | ||||||
13 | subsection (c).
| ||||||
14 | (Source: P.A. 92-218, eff. 1-1-02.)
| ||||||
15 | (20 ILCS 1705/5.1) (from Ch. 91 1/2, par. 100-5.1)
| ||||||
16 | Sec. 5.1.
The Department shall develop, by rule, the
| ||||||
17 | procedures and standards by which it shall approve medications | ||||||
18 | for
clinical use in its facilities. A list of those drugs | ||||||
19 | approved pursuant to
these procedures shall be distributed to | ||||||
20 | all Department facilities.
| ||||||
21 | Drugs not listed by the Department may not be administered | ||||||
22 | in facilities
under the jurisdiction of the Department, | ||||||
23 | provided that an unlisted drug
may be administered as part of | ||||||
24 | research with the prior written consent of the Director or
the | ||||||
25 | Secretary specifying the nature of the permitted use and
the |
| |||||||
| |||||||
1 | physicians authorized to prescribe the drug. Drugs, as used in | ||||||
2 | this
Section, mean psychotropic and narcotic drugs.
| ||||||
3 | No physician in the Department shall sign a prescription in | ||||||
4 | blank, nor
permit blank prescription forms to circulate out of | ||||||
5 | his possession or
control.
| ||||||
6 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
7 | (20 ILCS 1705/7.3)
| ||||||
8 | Sec. 7.3. Health care worker registry; finding of abuse or | ||||||
9 | neglect. The
Department
shall require that no facility, service | ||||||
10 | agency, or support agency providing
mental health
or | ||||||
11 | developmental disability services that is licensed, certified, | ||||||
12 | operated, or
funded by the
Department shall employ a person, in | ||||||
13 | any capacity, who is identified by the health care worker
| ||||||
14 | registry as having been subject of a substantiated finding of | ||||||
15 | abuse or neglect
of a service recipient. Any owner or operator | ||||||
16 | of a community agency who is identified by the health care | ||||||
17 | worker registry as having been the subject of a substantiated | ||||||
18 | finding of abuse or neglect of a service recipient is | ||||||
19 | prohibited from any involvement in any capacity with the | ||||||
20 | provision of Department funded mental health or developmental | ||||||
21 | disability services. The
Department shall establish and | ||||||
22 | maintain the rules that are
necessary or
appropriate to | ||||||
23 | effectuate the intent of this Section. The provisions of this
| ||||||
24 | Section shall not
apply to any facility, service agency, or | ||||||
25 | support agency licensed or certified
by a State
agency other |
| |||||||
| |||||||
1 | than the Department, unless operated by the Department of | ||||||
2 | Healthcare and Family Services or the Department of Human
| ||||||
3 | Services.
| ||||||
4 | (Source: P.A. 94-934, eff. 6-26-06; 95-545, eff. 8-28-07.)
| ||||||
5 | (20 ILCS 1705/12.1) (from Ch. 91 1/2, par. 100-12.1)
| ||||||
6 | Sec. 12.1.
To establish a distinct operational unit for the | ||||||
7 | purpose of
seeking and implementing in the programs of the | ||||||
8 | Department, new knowledge
regarding mental illness and its | ||||||
9 | treatment. This unit shall also concern
itself with the | ||||||
10 | relationships among research activity, program development,
| ||||||
11 | personnel training and the provision of the most effective | ||||||
12 | services possible.
The Director or the Secretary shall name | ||||||
13 | this unit and determine where it shall be located.
| ||||||
14 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
15 | (20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
| ||||||
16 | Sec. 14. Chester Mental Health Center. To maintain and | ||||||
17 | operate a
facility for the care, custody, and treatment of | ||||||
18 | persons with mental
illness or habilitation of persons with | ||||||
19 | developmental disabilities hereinafter
designated, to be known | ||||||
20 | as the Chester Mental Health Center.
| ||||||
21 | Within the Chester Mental Health Center there shall be | ||||||
22 | confined the
following classes of persons, whose history, in | ||||||
23 | the opinion of the
Department, discloses dangerous or violent | ||||||
24 | tendencies and who, upon
examination under the direction of the |
| |||||||
| |||||||
1 | Department, have been found a fit
subject for confinement in | ||||||
2 | that facility:
| ||||||
3 | (a) Any male person who is charged with the commission | ||||||
4 | of a
crime but has been acquitted by reason of insanity as | ||||||
5 | provided in Section
5-2-4 of the Unified Code of | ||||||
6 | Corrections.
| ||||||
7 | (b) Any male person who is charged with the commission | ||||||
8 | of
a crime but has been found unfit under Article 104 of | ||||||
9 | the Code of Criminal
Procedure of 1963.
| ||||||
10 | (c) Any male person with mental illness or | ||||||
11 | developmental disabilities or
person in need of mental | ||||||
12 | treatment now confined under the supervision of the
| ||||||
13 | Department or hereafter
admitted to any facility thereof or | ||||||
14 | committed thereto by any court of competent
jurisdiction.
| ||||||
15 | If and when it shall appear to the facility director of the | ||||||
16 | Chester Mental
Health Center that it is necessary to confine | ||||||
17 | persons in order to maintain
security or provide for the | ||||||
18 | protection and safety of recipients and staff, the
Chester | ||||||
19 | Mental Health Center may confine all persons on a unit to their | ||||||
20 | rooms.
This period of confinement shall not exceed 10 hours in | ||||||
21 | a 24 hour period,
including the recipient's scheduled hours of | ||||||
22 | sleep, unless approved by the Director or the
Secretary of the | ||||||
23 | Department. During the period of
confinement, the
persons | ||||||
24 | confined shall be observed at least every 15 minutes. A record | ||||||
25 | shall
be kept of the observations. This confinement shall not | ||||||
26 | be considered
seclusion as defined in the Mental Health and |
| |||||||
| |||||||
1 | Developmental Disabilities
Code.
| ||||||
2 | The facility director of the Chester Mental Health Center | ||||||
3 | may authorize
the temporary use of handcuffs on a recipient for | ||||||
4 | a period not to exceed 10
minutes when necessary in the course | ||||||
5 | of transport of the recipient within the
facility to maintain | ||||||
6 | custody or security. Use of handcuffs is subject to the
| ||||||
7 | provisions of Section 2-108 of the Mental Health and | ||||||
8 | Developmental Disabilities
Code. The facility shall keep a | ||||||
9 | monthly record listing each instance in which
handcuffs are | ||||||
10 | used, circumstances indicating the need for use of handcuffs, | ||||||
11 | and
time of application of handcuffs and time of release | ||||||
12 | therefrom. The facility
director shall allow the Illinois | ||||||
13 | Guardianship and Advocacy Commission, the
agency designated by | ||||||
14 | the Governor under Section 1 of the Protection and
Advocacy for | ||||||
15 | Developmentally Disabled Persons Act, and the Department to
| ||||||
16 | examine and copy such record upon request.
| ||||||
17 | If and when it shall appear to the satisfaction of the | ||||||
18 | Department that
any person confined in the Chester Mental | ||||||
19 | Health Center is not or has
ceased to be such a source of | ||||||
20 | danger to the public as to require his
subjection to the | ||||||
21 | regimen of the center, the Department is hereby
authorized to | ||||||
22 | transfer such person to any State facility for treatment of
| ||||||
23 | persons with mental illness or habilitation of persons with | ||||||
24 | developmental
disabilities, as the nature of the individual | ||||||
25 | case may require.
| ||||||
26 | Subject to the provisions of this Section, the Department, |
| |||||||
| |||||||
1 | except where
otherwise provided by law, shall, with respect to | ||||||
2 | the management, conduct
and control of the Chester Mental | ||||||
3 | Health Center and the discipline, custody
and treatment of the | ||||||
4 | persons confined therein, have and exercise the same
rights and | ||||||
5 | powers as are vested by law in the Department with respect to
| ||||||
6 | any and all of the State facilities for treatment of persons | ||||||
7 | with mental
illness or habilitation of persons with | ||||||
8 | developmental disabilities, and the
recipients thereof, and | ||||||
9 | shall be subject to the same duties as are imposed by
law upon | ||||||
10 | the Department with respect to such facilities and the | ||||||
11 | recipients
thereof.
| ||||||
12 | (Source: P.A. 91-559, eff. 1-1-00.)
| ||||||
13 | (20 ILCS 1705/15) (from Ch. 91 1/2, par. 100-15) | ||||||
14 | (Text of Section before amendment by P.A. 96-339 )
| ||||||
15 | Sec. 15. Before any person is released from a facility
| ||||||
16 | operated by the State pursuant to an absolute discharge or a
| ||||||
17 | conditional discharge from hospitalization under this Act, the
| ||||||
18 | facility director of the facility in which such person is
| ||||||
19 | hospitalized shall determine that such person is not currently
| ||||||
20 | in need of hospitalization and:
| ||||||
21 | (a) is able to live independently in the community; or
| ||||||
22 | (b) requires further oversight and supervisory care | ||||||
23 | for which
arrangements have been made with responsible | ||||||
24 | relatives
or supervised residential program approved by | ||||||
25 | the Department; or
|
| |||||||
| |||||||
1 | (c) requires further personal care or general | ||||||
2 | oversight as
defined by the Nursing Home Care Act, for | ||||||
3 | which
placement arrangements have been made with a suitable | ||||||
4 | family
home or other licensed facility approved by the | ||||||
5 | Department under this
Section; or
| ||||||
6 | (d) requires community mental health services for | ||||||
7 | which arrangements
have been made with a community mental | ||||||
8 | health provider in accordance
with criteria, standards, | ||||||
9 | and procedures promulgated by rule.
| ||||||
10 | Such determination shall be made in writing and shall | ||||||
11 | become a
part of the facility record of such absolutely or
| ||||||
12 | conditionally discharged person. When the determination | ||||||
13 | indicates that the
condition of the person to be granted an | ||||||
14 | absolute discharge or
a conditional discharge is described | ||||||
15 | under subparagraph (c) or (d) of
this Section, the name and | ||||||
16 | address of the continuing care
facility or home to which such | ||||||
17 | person is to be released shall
be entered in the facility | ||||||
18 | record. Where a discharge from a
mental health facility is made | ||||||
19 | under subparagraph (c), the
Department
shall assign the person | ||||||
20 | so discharged to an existing community
based not-for-profit | ||||||
21 | agency for participation in day activities
suitable to the | ||||||
22 | person's needs, such as but not limited to
social and | ||||||
23 | vocational rehabilitation, and other recreational,
educational | ||||||
24 | and financial activities unless the community based
| ||||||
25 | not-for-profit agency is unqualified to accept such | ||||||
26 | assignment.
Where the clientele
of any not-for-profit
agency |
| |||||||
| |||||||
1 | increases as
a result of assignments under this amendatory Act | ||||||
2 | of
1977 by
more than 3% over the prior year, the Department | ||||||
3 | shall fully
reimburse such agency for the costs of providing
| ||||||
4 | services to
such persons in excess of such 3% increase.
The | ||||||
5 | Department shall keep written records detailing how many | ||||||
6 | persons have
been assigned to a community based not-for-profit | ||||||
7 | agency and how many persons
were not so assigned because the | ||||||
8 | community based agency was unable to
accept the assignments, in | ||||||
9 | accordance with criteria, standards, and procedures
| ||||||
10 | promulgated by rule. Whenever a community based agency is found | ||||||
11 | to be
unable to accept the assignments, the name of the agency | ||||||
12 | and the reason for the
finding shall be
included in the report.
| ||||||
13 | Insofar as desirable in the interests of the former | ||||||
14 | recipient, the
facility, program or home in which the | ||||||
15 | discharged person
is to be placed shall be located in or near | ||||||
16 | the community in which the
person resided prior to | ||||||
17 | hospitalization or in the community in
which the person's | ||||||
18 | family or nearest next of kin presently reside.
Placement of | ||||||
19 | the discharged person in facilities, programs or homes located
| ||||||
20 | outside of this State shall not be made by the Department | ||||||
21 | unless
there are no appropriate facilities, programs or homes | ||||||
22 | available within this
State. Out-of-state placements shall be | ||||||
23 | subject to return of recipients
so placed upon the availability | ||||||
24 | of facilities, programs or homes within this
State to | ||||||
25 | accommodate these recipients, except where placement in a | ||||||
26 | contiguous
state results in locating a recipient in a facility |
| |||||||
| |||||||
1 | or program closer to the
recipient's home or family. If an | ||||||
2 | appropriate facility or program becomes
available equal to or | ||||||
3 | closer to the recipient's home or family, the recipient
shall | ||||||
4 | be returned to and placed at the appropriate facility or | ||||||
5 | program within
this State.
| ||||||
6 | To place any person who is under a program of the | ||||||
7 | Department
at board in a suitable family home or in such other | ||||||
8 | facility or program as
the Department may consider desirable. | ||||||
9 | The Department may place
in licensed nursing homes, sheltered | ||||||
10 | care homes, or homes for
the aged those persons whose | ||||||
11 | behavioral manifestations and medical
and nursing care needs | ||||||
12 | are such as to be substantially indistinguishable
from persons | ||||||
13 | already living in such facilities. Prior to any
placement by | ||||||
14 | the Department under this Section, a determination
shall be | ||||||
15 | made by the personnel of the
Department, as to the capability | ||||||
16 | and suitability of such
facility to adequately meet the needs | ||||||
17 | of the person to be
discharged. When specialized
programs are | ||||||
18 | necessary in order to enable persons in need of
supervised | ||||||
19 | living to develop and improve in the community, the
Department | ||||||
20 | shall place such persons only in specialized residential
care | ||||||
21 | facilities which shall meet Department standards including
| ||||||
22 | restricted admission policy, special staffing and programming
| ||||||
23 | for social and vocational rehabilitation, in addition to the
| ||||||
24 | requirements of the appropriate State licensing agency. The
| ||||||
25 | Department shall not place any new person in a facility the
| ||||||
26 | license of which has been revoked or not renewed on grounds
of |
| |||||||
| |||||||
1 | inadequate programming, staffing, or medical or adjunctive
| ||||||
2 | services, regardless of the pendency of an action
for | ||||||
3 | administrative review regarding such revocation or failure
to | ||||||
4 | renew. Before the Department may transfer any person to a
| ||||||
5 | licensed nursing home, sheltered care home or home for the
aged | ||||||
6 | or place any person in a specialized residential care
facility | ||||||
7 | the Department shall notify the person to be
transferred, or a | ||||||
8 | responsible relative of such person, in
writing, at least 30 | ||||||
9 | days before the proposed transfer, with
respect to all the | ||||||
10 | relevant facts concerning such transfer,
except in cases of | ||||||
11 | emergency when such notice is not required.
If either the | ||||||
12 | person to be transferred or a responsible
relative of such | ||||||
13 | person objects to such transfer, in writing
to the Department, | ||||||
14 | at any time after receipt of notice and
before the transfer, | ||||||
15 | the facility director of the facility in
which the person was a | ||||||
16 | recipient shall immediately schedule a
hearing at the facility | ||||||
17 | with the presence of the facility director,
the person who | ||||||
18 | objected to such proposed transfer, and a
psychiatrist who is | ||||||
19 | familiar with the record of the person
to be transferred. Such | ||||||
20 | person to be transferred or a
responsible relative may be | ||||||
21 | represented by such counsel or
interested party as he may | ||||||
22 | appoint, who may present such
testimony with respect to the | ||||||
23 | proposed transfer. Testimony
presented at such hearing shall | ||||||
24 | become a part of the facility
record of the | ||||||
25 | person-to-be-transferred. The record of testimony
shall be | ||||||
26 | held in the person-to-be-transferred's record in the
central |
| |||||||
| |||||||
1 | files of the facility. If such hearing is held a transfer
may | ||||||
2 | only be implemented, if at all, in accordance with the results
| ||||||
3 | of such hearing. Within 15 days after such hearing the
facility | ||||||
4 | director shall deliver his findings based
on the record of the | ||||||
5 | case and the testimony presented at the hearing,
by registered | ||||||
6 | or certified mail, to the parties to such hearing.
The findings | ||||||
7 | of the facility director shall be
deemed a final administrative | ||||||
8 | decision of the Department. For purposes of
this Section, "case | ||||||
9 | of emergency" means those instances in
which the health of the | ||||||
10 | person to be transferred is imperiled
and the most appropriate | ||||||
11 | mental health care or medical care is
available at a licensed | ||||||
12 | nursing home, sheltered care home or
home for the aged or a | ||||||
13 | specialized residential care facility.
| ||||||
14 | Prior to placement of any person in a facility under this
| ||||||
15 | Section the Department shall ensure that an appropriate | ||||||
16 | training
plan for staff is provided by the facility.
Said | ||||||
17 | training may include instruction and demonstration
by | ||||||
18 | Department personnel qualified in the area of mental illness
or | ||||||
19 | mental retardation, as applicable to the person to be placed. | ||||||
20 | Training may
be given both at the facility from which
the | ||||||
21 | recipient is transferred and at the facility receiving
the | ||||||
22 | recipient, and may be available on a continuing basis
| ||||||
23 | subsequent to placement. In a facility providing services to | ||||||
24 | former Department
recipients, training shall be available as | ||||||
25 | necessary for
facility staff. Such training will be on a | ||||||
26 | continuing basis
as the needs of the facility and recipients |
| |||||||
| |||||||
1 | change and further
training is required.
| ||||||
2 | The Department shall not place any person in a facility
| ||||||
3 | which does not have appropriately trained staff in sufficient
| ||||||
4 | numbers to accommodate the recipient population already at the
| ||||||
5 | facility. As a condition of further or future placements of
| ||||||
6 | persons, the Department shall require the employment of | ||||||
7 | additional
trained staff members at the facility where said | ||||||
8 | persons are
to be placed. The Secretary, or his or her | ||||||
9 | designate,
shall establish written guidelines for placement of | ||||||
10 | persons in facilities
under this Act.
The Department shall keep | ||||||
11 | written records detailing which facilities have
been
| ||||||
12 | determined to have staff who have been appropriately trained by | ||||||
13 | the
Department and
all training which it has provided or
| ||||||
14 | required under this Section.
| ||||||
15 | Bills for the support for a person boarded out shall be
| ||||||
16 | payable monthly out of the proper maintenance funds and shall
| ||||||
17 | be audited as any other accounts of the Department. If a
person | ||||||
18 | is placed in a facility or program outside the Department, the
| ||||||
19 | Department may pay the actual costs of residence, treatment
or | ||||||
20 | maintenance in such facility and may collect such actual
costs | ||||||
21 | or a portion thereof from the recipient or the estate of
a | ||||||
22 | person placed in accordance with this Section.
| ||||||
23 | Other than those placed in a family home the Department
| ||||||
24 | shall cause all persons who are placed in a facility, as | ||||||
25 | defined by the
Nursing Home Care Act, or in designated | ||||||
26 | community living
situations or programs, to be visited at least |
| |||||||
| |||||||
1 | once during the first month
following placement, and once every | ||||||
2 | month thereafter
for the first year following placement
when | ||||||
3 | indicated, but at least quarterly.
After the
first year, the | ||||||
4 | Department shall determine at what point the appropriate
| ||||||
5 | licensing entity for the facility or designated community | ||||||
6 | living situation or
program will assume the responsibility of | ||||||
7 | ensuring that appropriate services
are being provided to the | ||||||
8 | resident. Once that responsibility is assumed, the
Department | ||||||
9 | may discontinue such visits. If a long term care
facility has | ||||||
10 | periodic care plan conferences, the visitor may participate
in | ||||||
11 | those conferences, if such participation is approved by the | ||||||
12 | resident or the
resident's guardian.
Visits shall be made by | ||||||
13 | qualified
and trained Department personnel, or their designee,
| ||||||
14 | in the area of mental health or developmental disabilities
| ||||||
15 | applicable to the person visited, and shall be made on a
more | ||||||
16 | frequent basis when indicated. The Department may not use as
| ||||||
17 | designee any personnel connected with or responsible to the | ||||||
18 | representatives
of any facility in which persons who have been | ||||||
19 | transferred under this
Section are placed. In the course of | ||||||
20 | such visit there shall be
consideration of the following areas, | ||||||
21 | but not limited
thereto: effects of transfer on physical and | ||||||
22 | mental health
of the person, sufficiency of nursing care and | ||||||
23 | medical coverage
required by the person, sufficiency of staff | ||||||
24 | personnel and
ability to provide basic care for the person, | ||||||
25 | social, recreational
and programmatic activities available for | ||||||
26 | the person, and other
appropriate aspects of the person's |
| |||||||
| |||||||
1 | environment.
| ||||||
2 | A report containing the above observations shall be made
to | ||||||
3 | the Department, to the licensing agency, and to any other | ||||||
4 | appropriate
agency
subsequent to each visitation. The report | ||||||
5 | shall contain
recommendations to improve the care and treatment | ||||||
6 | of the resident, as
necessary, which shall be reviewed by the | ||||||
7 | facility's interdisciplinary team and
the resident or the | ||||||
8 | resident's legal guardian.
| ||||||
9 | Upon the complaint of any person placed in accordance
with | ||||||
10 | this Section or any responsible citizen or upon discovery
that | ||||||
11 | such person has been abused, neglected, or improperly cared
| ||||||
12 | for, or that the placement does not provide the type of care | ||||||
13 | required by
the recipient's current condition, the Department
| ||||||
14 | immediately shall investigate, and determine if the | ||||||
15 | well-being, health,
care, or safety of any person is affected | ||||||
16 | by any of the above occurrences,
and if any one of the above | ||||||
17 | occurrences is verified, the Department shall
remove such | ||||||
18 | person at once to a facility of the Department
or to another | ||||||
19 | facility outside the Department, provided such
person's needs | ||||||
20 | can be met at said facility. The Department may
also provide | ||||||
21 | any person placed in accordance with this Section
who is | ||||||
22 | without available funds, and who is permitted to engage
in | ||||||
23 | employment outside the facility, such sums for the | ||||||
24 | transportation,
and other expenses as may be needed by him | ||||||
25 | until he receives
his wages for such employment.
| ||||||
26 | The Department shall promulgate rules and regulations
|
| |||||||
| |||||||
1 | governing the purchase of care for persons who are wards of
or | ||||||
2 | who are receiving services from the Department. Such rules
and | ||||||
3 | regulations shall apply to all monies expended by any agency
of | ||||||
4 | the State of Illinois for services rendered by any person,
| ||||||
5 | corporate entity, agency, governmental agency or political
| ||||||
6 | subdivision whether public or private outside of the Department
| ||||||
7 | whether payment is made through a contractual, per-diem or
| ||||||
8 | other arrangement. No funds shall be paid to any person,
| ||||||
9 | corporation, agency, governmental entity or political
| ||||||
10 | subdivision without compliance with such rules and | ||||||
11 | regulations.
| ||||||
12 | The rules and regulations governing purchase of care shall
| ||||||
13 | describe categories and types of service deemed appropriate
for | ||||||
14 | purchase by the Department.
| ||||||
15 | Any provider of services under this Act may elect to | ||||||
16 | receive payment
for those services, and the Department is | ||||||
17 | authorized to arrange for that
payment, by means of direct | ||||||
18 | deposit transmittals to the service provider's
account | ||||||
19 | maintained at a bank, savings and loan association, or other
| ||||||
20 | financial institution. The financial institution shall be | ||||||
21 | approved by the
Department, and the deposits shall be in | ||||||
22 | accordance with rules and
regulations adopted by the | ||||||
23 | Department.
| ||||||
24 | (Source: P.A. 93-636, eff. 6-1-04 .)
| ||||||
25 | (Text of Section after amendment by P.A. 96-339 ) |
| |||||||
| |||||||
1 | Sec. 15. Before any person is released from a facility
| ||||||
2 | operated by the State pursuant to an absolute discharge or a
| ||||||
3 | conditional discharge from hospitalization under this Act, the
| ||||||
4 | facility director of the facility in which such person is
| ||||||
5 | hospitalized shall determine that such person is not currently
| ||||||
6 | in need of hospitalization and:
| ||||||
7 | (a) is able to live independently in the community; or
| ||||||
8 | (b) requires further oversight and supervisory care | ||||||
9 | for which
arrangements have been made with responsible | ||||||
10 | relatives
or supervised residential program approved by | ||||||
11 | the Department; or
| ||||||
12 | (c) requires further personal care or general | ||||||
13 | oversight as
defined by the MR/DD Community Care Act, for | ||||||
14 | which
placement arrangements have been made with a suitable | ||||||
15 | family
home or other licensed facility approved by the | ||||||
16 | Department under this
Section; or
| ||||||
17 | (d) requires community mental health services for | ||||||
18 | which arrangements
have been made with a community mental | ||||||
19 | health provider in accordance
with criteria, standards, | ||||||
20 | and procedures promulgated by rule.
| ||||||
21 | Such determination shall be made in writing and shall | ||||||
22 | become a
part of the facility record of such absolutely or
| ||||||
23 | conditionally discharged person. When the determination | ||||||
24 | indicates that the
condition of the person to be granted an | ||||||
25 | absolute discharge or
a conditional discharge is described | ||||||
26 | under subparagraph (c) or (d) of
this Section, the name and |
| |||||||
| |||||||
1 | address of the continuing care
facility or home to which such | ||||||
2 | person is to be released shall
be entered in the facility | ||||||
3 | record. Where a discharge from a
mental health facility is made | ||||||
4 | under subparagraph (c), the
Department
shall assign the person | ||||||
5 | so discharged to an existing community
based not-for-profit | ||||||
6 | agency for participation in day activities
suitable to the | ||||||
7 | person's needs, such as but not limited to
social and | ||||||
8 | vocational rehabilitation, and other recreational,
educational | ||||||
9 | and financial activities unless the community based
| ||||||
10 | not-for-profit agency is unqualified to accept such | ||||||
11 | assignment.
Where the clientele
of any not-for-profit
agency | ||||||
12 | increases as
a result of assignments under this amendatory Act | ||||||
13 | of
1977 by
more than 3% over the prior year, the Department | ||||||
14 | shall fully
reimburse such agency for the costs of providing
| ||||||
15 | services to
such persons in excess of such 3% increase.
The | ||||||
16 | Department shall keep written records detailing how many | ||||||
17 | persons have
been assigned to a community based not-for-profit | ||||||
18 | agency and how many persons
were not so assigned because the | ||||||
19 | community based agency was unable to
accept the assignments, in | ||||||
20 | accordance with criteria, standards, and procedures
| ||||||
21 | promulgated by rule. Whenever a community based agency is found | ||||||
22 | to be
unable to accept the assignments, the name of the agency | ||||||
23 | and the reason for the
finding shall be
included in the report.
| ||||||
24 | Insofar as desirable in the interests of the former | ||||||
25 | recipient, the
facility, program or home in which the | ||||||
26 | discharged person
is to be placed shall be located in or near |
| |||||||
| |||||||
1 | the community in which the
person resided prior to | ||||||
2 | hospitalization or in the community in
which the person's | ||||||
3 | family or nearest next of kin presently reside.
Placement of | ||||||
4 | the discharged person in facilities, programs or homes located
| ||||||
5 | outside of this State shall not be made by the Department | ||||||
6 | unless
there are no appropriate facilities, programs or homes | ||||||
7 | available within this
State. Out-of-state placements shall be | ||||||
8 | subject to return of recipients
so placed upon the availability | ||||||
9 | of facilities, programs or homes within this
State to | ||||||
10 | accommodate these recipients, except where placement in a | ||||||
11 | contiguous
state results in locating a recipient in a facility | ||||||
12 | or program closer to the
recipient's home or family. If an | ||||||
13 | appropriate facility or program becomes
available equal to or | ||||||
14 | closer to the recipient's home or family, the recipient
shall | ||||||
15 | be returned to and placed at the appropriate facility or | ||||||
16 | program within
this State.
| ||||||
17 | To place any person who is under a program of the | ||||||
18 | Department
at board in a suitable family home or in such other | ||||||
19 | facility or program as
the Department may consider desirable. | ||||||
20 | The Department may place
in licensed nursing homes, sheltered | ||||||
21 | care homes, or homes for
the aged those persons whose | ||||||
22 | behavioral manifestations and medical
and nursing care needs | ||||||
23 | are such as to be substantially indistinguishable
from persons | ||||||
24 | already living in such facilities. Prior to any
placement by | ||||||
25 | the Department under this Section, a determination
shall be | ||||||
26 | made by the personnel of the
Department, as to the capability |
| |||||||
| |||||||
1 | and suitability of such
facility to adequately meet the needs | ||||||
2 | of the person to be
discharged. When specialized
programs are | ||||||
3 | necessary in order to enable persons in need of
supervised | ||||||
4 | living to develop and improve in the community, the
Department | ||||||
5 | shall place such persons only in specialized residential
care | ||||||
6 | facilities which shall meet Department standards including
| ||||||
7 | restricted admission policy, special staffing and programming
| ||||||
8 | for social and vocational rehabilitation, in addition to the
| ||||||
9 | requirements of the appropriate State licensing agency. The
| ||||||
10 | Department shall not place any new person in a facility the
| ||||||
11 | license of which has been revoked or not renewed on grounds
of | ||||||
12 | inadequate programming, staffing, or medical or adjunctive
| ||||||
13 | services, regardless of the pendency of an action
for | ||||||
14 | administrative review regarding such revocation or failure
to | ||||||
15 | renew. Before the Department may transfer any person to a
| ||||||
16 | licensed nursing home, sheltered care home or home for the
aged | ||||||
17 | or place any person in a specialized residential care
facility | ||||||
18 | the Department shall notify the person to be
transferred, or a | ||||||
19 | responsible relative of such person, in
writing, at least 30 | ||||||
20 | days before the proposed transfer, with
respect to all the | ||||||
21 | relevant facts concerning such transfer,
except in cases of | ||||||
22 | emergency when such notice is not required.
If either the | ||||||
23 | person to be transferred or a responsible
relative of such | ||||||
24 | person objects to such transfer, in writing
to the Department, | ||||||
25 | at any time after receipt of notice and
before the transfer, | ||||||
26 | the facility director of the facility in
which the person was a |
| |||||||
| |||||||
1 | recipient shall immediately schedule a
hearing at the facility | ||||||
2 | with the presence of the facility director,
the person who | ||||||
3 | objected to such proposed transfer, and a
psychiatrist who is | ||||||
4 | familiar with the record of the person
to be transferred. Such | ||||||
5 | person to be transferred or a
responsible relative may be | ||||||
6 | represented by such counsel or
interested party as he may | ||||||
7 | appoint, who may present such
testimony with respect to the | ||||||
8 | proposed transfer. Testimony
presented at such hearing shall | ||||||
9 | become a part of the facility
record of the | ||||||
10 | person-to-be-transferred. The record of testimony
shall be | ||||||
11 | held in the person-to-be-transferred's record in the
central | ||||||
12 | files of the facility. If such hearing is held a transfer
may | ||||||
13 | only be implemented, if at all, in accordance with the results
| ||||||
14 | of such hearing. Within 15 days after such hearing the
facility | ||||||
15 | director shall deliver his findings based
on the record of the | ||||||
16 | case and the testimony presented at the hearing,
by registered | ||||||
17 | or certified mail, to the parties to such hearing.
The findings | ||||||
18 | of the facility director shall be
deemed a final administrative | ||||||
19 | decision of the Department. For purposes of
this Section, "case | ||||||
20 | of emergency" means those instances in
which the health of the | ||||||
21 | person to be transferred is imperiled
and the most appropriate | ||||||
22 | mental health care or medical care is
available at a licensed | ||||||
23 | nursing home, sheltered care home or
home for the aged or a | ||||||
24 | specialized residential care facility.
| ||||||
25 | Prior to placement of any person in a facility under this
| ||||||
26 | Section the Department shall ensure that an appropriate |
| |||||||
| |||||||
1 | training
plan for staff is provided by the facility.
Said | ||||||
2 | training may include instruction and demonstration
by | ||||||
3 | Department personnel qualified in the area of mental illness
or | ||||||
4 | mental retardation, as applicable to the person to be placed. | ||||||
5 | Training may
be given both at the facility from which
the | ||||||
6 | recipient is transferred and at the facility receiving
the | ||||||
7 | recipient, and may be available on a continuing basis
| ||||||
8 | subsequent to placement. In a facility providing services to | ||||||
9 | former Department
recipients, training shall be available as | ||||||
10 | necessary for
facility staff. Such training will be on a | ||||||
11 | continuing basis
as the needs of the facility and recipients | ||||||
12 | change and further
training is required.
| ||||||
13 | The Department shall not place any person in a facility
| ||||||
14 | which does not have appropriately trained staff in sufficient
| ||||||
15 | numbers to accommodate the recipient population already at the
| ||||||
16 | facility. As a condition of further or future placements of
| ||||||
17 | persons, the Department shall require the employment of | ||||||
18 | additional
trained staff members at the facility where said | ||||||
19 | persons are
to be placed. The Director or the Secretary, or his | ||||||
20 | or her designate,
shall establish written guidelines for | ||||||
21 | placement of persons in facilities
under this Act.
The | ||||||
22 | Department shall keep written records detailing which | ||||||
23 | facilities have
been
determined to have staff who have been | ||||||
24 | appropriately trained by the
Department and
all training which | ||||||
25 | it has provided or
required under this Section.
| ||||||
26 | Bills for the support for a person boarded out shall be
|
| |||||||
| |||||||
1 | payable monthly out of the proper maintenance funds and shall
| ||||||
2 | be audited as any other accounts of the Department. If a
person | ||||||
3 | is placed in a facility or program outside the Department, the
| ||||||
4 | Department may pay the actual costs of residence, treatment
or | ||||||
5 | maintenance in such facility and may collect such actual
costs | ||||||
6 | or a portion thereof from the recipient or the estate of
a | ||||||
7 | person placed in accordance with this Section.
| ||||||
8 | Other than those placed in a family home the Department
| ||||||
9 | shall cause all persons who are placed in a facility, as | ||||||
10 | defined by the
MR/DD Community Care Act, or in designated | ||||||
11 | community living
situations or programs, to be visited at least | ||||||
12 | once during the first month
following placement, and once every | ||||||
13 | month thereafter
for the first year following placement
when | ||||||
14 | indicated, but at least quarterly.
After the
first year, the | ||||||
15 | Department shall determine at what point the appropriate
| ||||||
16 | licensing entity for the facility or designated community | ||||||
17 | living situation or
program will assume the responsibility of | ||||||
18 | ensuring that appropriate services
are being provided to the | ||||||
19 | resident. Once that responsibility is assumed, the
Department | ||||||
20 | may discontinue such visits. If a long term care
facility has | ||||||
21 | periodic care plan conferences, the visitor may participate
in | ||||||
22 | those conferences, if such participation is approved by the | ||||||
23 | resident or the
resident's guardian.
Visits shall be made by | ||||||
24 | qualified
and trained Department personnel, or their designee,
| ||||||
25 | in the area of mental health or developmental disabilities
| ||||||
26 | applicable to the person visited, and shall be made on a
more |
| |||||||
| |||||||
1 | frequent basis when indicated. The Department may not use as
| ||||||
2 | designee any personnel connected with or responsible to the | ||||||
3 | representatives
of any facility in which persons who have been | ||||||
4 | transferred under this
Section are placed. In the course of | ||||||
5 | such visit there shall be
consideration of the following areas, | ||||||
6 | but not limited
thereto: effects of transfer on physical and | ||||||
7 | mental health
of the person, sufficiency of nursing care and | ||||||
8 | medical coverage
required by the person, sufficiency of staff | ||||||
9 | personnel and
ability to provide basic care for the person, | ||||||
10 | social, recreational
and programmatic activities available for | ||||||
11 | the person, and other
appropriate aspects of the person's | ||||||
12 | environment.
| ||||||
13 | A report containing the above observations shall be made
to | ||||||
14 | the Department, to the licensing agency, and to any other | ||||||
15 | appropriate
agency
subsequent to each visitation. The report | ||||||
16 | shall contain
recommendations to improve the care and treatment | ||||||
17 | of the resident, as
necessary, which shall be reviewed by the | ||||||
18 | facility's interdisciplinary team and
the resident or the | ||||||
19 | resident's legal guardian.
| ||||||
20 | Upon the complaint of any person placed in accordance
with | ||||||
21 | this Section or any responsible citizen or upon discovery
that | ||||||
22 | such person has been abused, neglected, or improperly cared
| ||||||
23 | for, or that the placement does not provide the type of care | ||||||
24 | required by
the recipient's current condition, the Department
| ||||||
25 | immediately shall investigate, and determine if the | ||||||
26 | well-being, health,
care, or safety of any person is affected |
| |||||||
| |||||||
1 | by any of the above occurrences,
and if any one of the above | ||||||
2 | occurrences is verified, the Department shall
remove such | ||||||
3 | person at once to a facility of the Department
or to another | ||||||
4 | facility outside the Department, provided such
person's needs | ||||||
5 | can be met at said facility. The Department may
also provide | ||||||
6 | any person placed in accordance with this Section
who is | ||||||
7 | without available funds, and who is permitted to engage
in | ||||||
8 | employment outside the facility, such sums for the | ||||||
9 | transportation,
and other expenses as may be needed by him | ||||||
10 | until he receives
his wages for such employment.
| ||||||
11 | The Department shall promulgate rules and regulations
| ||||||
12 | governing the purchase of care for persons who are wards of
or | ||||||
13 | who are receiving services from the Department. Such rules
and | ||||||
14 | regulations shall apply to all monies expended by any agency
of | ||||||
15 | the State of Illinois for services rendered by any person,
| ||||||
16 | corporate entity, agency, governmental agency or political
| ||||||
17 | subdivision whether public or private outside of the Department
| ||||||
18 | whether payment is made through a contractual, per-diem or
| ||||||
19 | other arrangement. No funds shall be paid to any person,
| ||||||
20 | corporation, agency, governmental entity or political
| ||||||
21 | subdivision without compliance with such rules and | ||||||
22 | regulations.
| ||||||
23 | The rules and regulations governing purchase of care shall
| ||||||
24 | describe categories and types of service deemed appropriate
for | ||||||
25 | purchase by the Department.
| ||||||
26 | Any provider of services under this Act may elect to |
| |||||||
| |||||||
1 | receive payment
for those services, and the Department is | ||||||
2 | authorized to arrange for that
payment, by means of direct | ||||||
3 | deposit transmittals to the service provider's
account | ||||||
4 | maintained at a bank, savings and loan association, or other
| ||||||
5 | financial institution. The financial institution shall be | ||||||
6 | approved by the
Department, and the deposits shall be in | ||||||
7 | accordance with rules and
regulations adopted by the | ||||||
8 | Department.
| ||||||
9 | (Source: P.A. 96-339, eff. 7-1-10.)
| ||||||
10 | (20 ILCS 1705/16.1) (from Ch. 91 1/2, par. 100-16.1)
| ||||||
11 | Sec. 16.1.
At the discretion of the Director or the | ||||||
12 | Secretary, to provide
recipients under
Department jurisdiction | ||||||
13 | with monetary remuneration or other incentives on a
graduated | ||||||
14 | scale for work performed as part of their training for useful
| ||||||
15 | employment. Such recipient-workers are exempt from the | ||||||
16 | Personnel Code.
| ||||||
17 | Such remuneration or incentives must be paid solely from | ||||||
18 | funds received
by gift or grant from private sources or the | ||||||
19 | federal government or the
Mental Health Fund or from funds | ||||||
20 | received from the sale of articles from
habilitation workshops. | ||||||
21 | No general revenue funds appropriated to the Department
may be | ||||||
22 | used to pay such remuneration or incentives.
| ||||||
23 | The category of Institutional Helpers may still be paid out | ||||||
24 | of General
Revenue funds.
| ||||||
25 | (Source: P.A. 89-507, eff. 7-1-97.)
|
| |||||||
| |||||||
1 | (20 ILCS 1705/17) (from Ch. 91 1/2, par. 100-17)
| ||||||
2 | Sec. 17.
To make such investigations as may be necessary to | ||||||
3 | the performance
of its duties. In the course of any such | ||||||
4 | investigation, any qualified
person
authorized by the Director | ||||||
5 | or the Secretary may administer oaths and secure
by its | ||||||
6 | subpoena
both the attendance and testimony of witnesses and the | ||||||
7 | production of books
and papers relevant to such investigation. | ||||||
8 | Any person who is served with a
subpoena by the Department to | ||||||
9 | appear and testify or to produce books and
papers, in the | ||||||
10 | course of an investigation authorized by law, and who
refuses | ||||||
11 | or neglects to appear, or to testify, or to produce books and
| ||||||
12 | papers relevant to such investigation, as commanded in such | ||||||
13 | subpoena,
commits a Class B misdemeanor. The fees of witnesses | ||||||
14 | for attendance and
travel shall be the same as the fees of | ||||||
15 | witnesses before the circuit courts
of this State. Any circuit | ||||||
16 | court of this State, upon
application of the Department, may | ||||||
17 | compel the attendance of witnesses, the
production of books and | ||||||
18 | papers, and giving of testimony before the
Department or before | ||||||
19 | any authorized officer or employee thereof, by an
attachment | ||||||
20 | for contempt or otherwise, in the same manner as production of
| ||||||
21 | evidence may be compelled before such court. Every person who, | ||||||
22 | having taken
an oath or made affirmation before the Department | ||||||
23 | or any authorized officer
or employee thereof, shall wilfully | ||||||
24 | swear or affirm falsely, shall be
guilty of perjury and upon | ||||||
25 | conviction shall be punished accordingly.
|
| |||||||
| |||||||
1 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
2 | (20 ILCS 1705/18.3)
| ||||||
3 | Sec. 18.3. Integrated system for services for the mentally | ||||||
4 | ill. The
Department shall develop an effective, integrated | ||||||
5 | system for delivering
State-funded and State-operated services | ||||||
6 | to persons with mental illness. No
later than June 30, 1994, | ||||||
7 | the Department shall enter into one or more
cooperative | ||||||
8 | arrangements with the Department of Public Aid, the Department | ||||||
9 | of
Rehabilitation Services, the Department of Public Health, | ||||||
10 | and any other
appropriate entities for administration or | ||||||
11 | supervision by the Department of
Mental Health and | ||||||
12 | Developmental Disabilities of all State programs for services
| ||||||
13 | to persons in community care facilities for persons with mental | ||||||
14 | illness,
including but not limited to intermediate care | ||||||
15 | facilities, that are supported
by State funds or by funding | ||||||
16 | under Title XIX of the federal Social Security
Act. The | ||||||
17 | Department shall form a medical advisory panel, appointed by | ||||||
18 | the Director or the
Secretary, comprised of 5 physicians | ||||||
19 | licensed to practice
medicine in all its
branches with a | ||||||
20 | special emphasis in treating mental illness, to provide advice
| ||||||
21 | on care rendered to patients in any integrated delivery system.
| ||||||
22 | The Department of Human Services shall succeed to the | ||||||
23 | responsibilities of the
Department of Mental Health and | ||||||
24 | Developmental Disabilities and the Department
of | ||||||
25 | Rehabilitation Services under any such cooperative arrangement |
| |||||||
| |||||||
1 | in existence
on July 1, 1997. The Department of Healthcare and | ||||||
2 | Family Services shall succeed to the responsibilities of the | ||||||
3 | Department of Human Services under any such cooperative | ||||||
4 | arrangement in existence on January 1, 2011.
| ||||||
5 | (Source: P.A. 88-388; 89-507, eff. 7-1-97.)
| ||||||
6 | (20 ILCS 1705/18.4)
| ||||||
7 | (Text of Section before amendment by P.A. 96-868 ) | ||||||
8 | Sec. 18.4. Community Mental Health Medicaid Trust Fund; | ||||||
9 | reimbursement.
| ||||||
10 | (a) The Community Mental Health Medicaid Trust Fund is | ||||||
11 | hereby created
in the State Treasury.
| ||||||
12 | (b) Amounts
paid to the State during each State fiscal year | ||||||
13 | by the federal government under Title XIX
or Title XXI of the | ||||||
14 | Social Security Act for services delivered by community
mental | ||||||
15 | health providers, and any interest earned thereon, shall be
| ||||||
16 | deposited as follows: | ||||||
17 | (1) The first $75,000,000 shall be deposited directly | ||||||
18 | into the Community Mental Health Medicaid Trust Fund to be | ||||||
19 | used for the purchase of community mental health services; | ||||||
20 | (2) The next $4,500,000 shall be deposited directly | ||||||
21 | into the Community Mental Health Medicaid Trust Fund to be | ||||||
22 | used by the Department of Healthcare and Family Human | ||||||
23 | Services' Division of Mental Health for the oversight and | ||||||
24 | administration of community mental health services and up | ||||||
25 | to $1,000,000 of this amount may be used for support of |
| |||||||
| |||||||
1 | community mental health service initiatives; | ||||||
2 | (3) The next $3,500,000 shall be deposited directly | ||||||
3 | into the General Revenue Fund;
| ||||||
4 | (4) Any additional amounts shall be deposited into the | ||||||
5 | Community Mental Health Medicaid Trust Fund to be used for | ||||||
6 | the purchase of community mental health services.
| ||||||
7 | (b-5) Whenever a State mental health facility operated by | ||||||
8 | the Department is closed and the real estate on which the | ||||||
9 | facility is located is sold by the State, the net proceeds of | ||||||
10 | the sale of the real estate shall be deposited into the | ||||||
11 | Community Mental Health Medicaid Trust Fund. | ||||||
12 | (c) The Department shall reimburse community mental health
| ||||||
13 | providers for
services provided to eligible
individuals. | ||||||
14 | Moneys in the Community Mental Health Medicaid Trust Fund may | ||||||
15 | be
used for that purpose.
| ||||||
16 | (d) As used in this Section:
| ||||||
17 | "Community mental health provider" means a community | ||||||
18 | agency that is funded by the Department to
provide a service.
| ||||||
19 | "Service" means a mental health service
provided pursuant | ||||||
20 | to the provisions of administrative rules adopted by the | ||||||
21 | Department and funded by or claimed through the Department of | ||||||
22 | Healthcare and Family Human Services' Division of Mental | ||||||
23 | Health.
| ||||||
24 | (Source: P.A. 95-707, eff. 1-11-08; 96-660, eff. 8-25-09; | ||||||
25 | 96-820, eff. 11-18-09.)
|
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 96-868 )
| ||||||
2 | Sec. 18.4. Community Mental Health Medicaid Trust Fund; | ||||||
3 | reimbursement.
| ||||||
4 | (a) The Community Mental Health Medicaid Trust Fund is | ||||||
5 | hereby created
in the State Treasury.
| ||||||
6 | (b) Amounts
paid to the State during each State fiscal year | ||||||
7 | by the federal government under Title XIX
or Title XXI of the | ||||||
8 | Social Security Act for services delivered by community
mental | ||||||
9 | health providers, and any interest earned thereon, shall be
| ||||||
10 | deposited 100% into the Community Mental Health Medicaid Trust | ||||||
11 | Fund. Not more than $4,500,000 of the Community Mental Health | ||||||
12 | Medicaid Trust Fund may be used by the Department of Healthcare | ||||||
13 | and Family Human Services' Division of Mental Health for | ||||||
14 | oversight and administration of community mental health | ||||||
15 | services, and of that amount no more than $1,000,000 may be | ||||||
16 | used for the support of community mental health service | ||||||
17 | initiatives. The remainder shall be used for the purchase of | ||||||
18 | community mental health services.
| ||||||
19 | (b-5) Whenever a State mental health facility operated by | ||||||
20 | the Department is closed and the real estate on which the | ||||||
21 | facility is located is sold by the State, the net proceeds of | ||||||
22 | the sale of the real estate shall be deposited into the | ||||||
23 | Community Mental Health Medicaid Trust Fund. | ||||||
24 | (c) The Department shall reimburse community mental health
| ||||||
25 | providers for
services provided to eligible
individuals. | ||||||
26 | Moneys in the Trust Fund may be
used for that purpose.
|
| |||||||
| |||||||
1 | (c-5) The Community Mental Health Medicaid Trust Fund is | ||||||
2 | not subject to administrative charge-backs. | ||||||
3 | (c-10) The Department of Human Services shall annually | ||||||
4 | report to the Governor and the General Assembly, by September | ||||||
5 | 1, on both the total revenue deposited into the Trust Fund and | ||||||
6 | the total expenditures made from the Trust Fund for the | ||||||
7 | previous fiscal year. This report shall include detailed | ||||||
8 | descriptions of both revenues and expenditures regarding the | ||||||
9 | Trust Fund from the previous fiscal year. This report shall be | ||||||
10 | presented by the Secretary of Human Services to the appropriate | ||||||
11 | Appropriations Committee in the House of Representatives, as | ||||||
12 | determined by the Speaker of the House, and in the Senate, as | ||||||
13 | determined by the President of the Senate. This report shall be | ||||||
14 | made available to the public and shall be published on the | ||||||
15 | Department of Human Services' website in an appropriate | ||||||
16 | location, a minimum of one week prior to presentation of the | ||||||
17 | report to the General Assembly. | ||||||
18 | (d) As used in this Section:
| ||||||
19 | "Trust Fund" means the Community Mental Health Medicaid | ||||||
20 | Trust Fund. | ||||||
21 | "Community mental health provider" means a community | ||||||
22 | agency that is funded by the Department to
provide a service.
| ||||||
23 | "Service" means a mental health service
provided pursuant | ||||||
24 | to the provisions of administrative rules adopted by the | ||||||
25 | Department and funded by or claimed through the Department of | ||||||
26 | Healthcare and Family Human Services' Division of Mental |
| |||||||
| |||||||
1 | Health.
| ||||||
2 | (Source: P.A. 95-707, eff. 1-11-08; 96-660, eff. 8-25-09; | ||||||
3 | 96-820, eff. 11-18-09; 96-868, eff. 7-1-12; revised 1-25-10.)
| ||||||
4 | (20 ILCS 1705/31a) (from Ch. 91 1/2, par. 100-31a)
| ||||||
5 | Sec. 31a. Computer records. If computer printouts of the | ||||||
6 | Department's
records are offered as evidence, the Director or | ||||||
7 | the Secretary shall certify
that those
computer records are | ||||||
8 | true and exact representations of records properly
entered into | ||||||
9 | standard electronic computing equipment, in the regular course
| ||||||
10 | of the Department's business, at or reasonably near the time of | ||||||
11 | occurrence
of the facts recorded, from trustworthy and reliable | ||||||
12 | information. Such a
certified computer printout shall without | ||||||
13 | further proof, be admitted into
evidence before the Department | ||||||
14 | or in any legal proceeding and shall be
prima facie proof of | ||||||
15 | the correctness of the entries therein.
| ||||||
16 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
17 | (20 ILCS 1705/33.1) (from Ch. 91 1/2, par. 100-33.1)
| ||||||
18 | Sec. 33.1.
To make assignments for educational or training | ||||||
19 | purposes to
qualified persons, and to make payments for such | ||||||
20 | purposes in the manner
authorized by this Section.
| ||||||
21 | (a) To qualify for an assignment for educational or | ||||||
22 | training purposes
under this Section, a person must:
| ||||||
23 | 1. be enrolled in the final 2 years of accredited | ||||||
24 | specialized training
which is required to meet the |
| |||||||
| |||||||
1 | qualifications for the position, as
established by the | ||||||
2 | Department of Central Management Services,
or be a current | ||||||
3 | employee of the
Department who has continuously served in a | ||||||
4 | full-time capacity for at least
one year prior to | ||||||
5 | assignment;
| ||||||
6 | 2. have completed 4 years of high school education;
| ||||||
7 | 3. possess such qualities and attributes as the | ||||||
8 | Director or the Secretary
of the Department deems necessary | ||||||
9 | for achieving the purposes for which the
assignment was | ||||||
10 | made;
| ||||||
11 | 4. sign an agreement to serve as an employee of the | ||||||
12 | Department for one
calendar year for each academic year of | ||||||
13 | subsidized training for educational
or training purposes | ||||||
14 | under this Section;
| ||||||
15 | 5. sign a promissory note agreeing to repay the | ||||||
16 | Department for the funds
expended if the employee fails to | ||||||
17 | return to employment with, or remain an
employee of the | ||||||
18 | Department for the period of time required by paragraph 4;
| ||||||
19 | and
| ||||||
20 | 6. agree in writing to such other terms and conditions | ||||||
21 | as the Department
may reasonably require when granting the | ||||||
22 | assignment.
| ||||||
23 | (b) When granting an assignment for educational or training | ||||||
24 | purposes to
an eligible person under this Section, the | ||||||
25 | Department may pay:
| ||||||
26 | 1. such amounts as are established by Department |
| |||||||
| |||||||
1 | regulations; and
| ||||||
2 | 2. for school expenses, not to exceed 80% of the cost | ||||||
3 | to the person of
all tuition, laboratory fees, | ||||||
4 | matriculation fees and other general student
charges made | ||||||
5 | by the institution of higher learning, but not including
| ||||||
6 | charges for food or residence halls, which charges shall be | ||||||
7 | payable from
the funds for support and living expenses | ||||||
8 | within the limitations provided
in paragraph 1.
| ||||||
9 | (c) Except for the purpose of receiving salary, vacation | ||||||
10 | pay or any
other similar remuneration payable to State | ||||||
11 | employees, the status of an
employee of the Department as an | ||||||
12 | employee of the State is not affected by
the employee serving | ||||||
13 | on an educational or training assignment under this
Section as | ||||||
14 | specified under the rules and regulations of the Department of
| ||||||
15 | Central Management Services.
| ||||||
16 | (d) Training programs such as tuition only refunds and | ||||||
17 | special workshops
for employees with one year or more of | ||||||
18 | service and/or training which is a
part of collaborative | ||||||
19 | arrangements with institutions of higher learning or
other | ||||||
20 | public agencies are not affected by this Section.
| ||||||
21 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
22 | (20 ILCS 1705/33.2) (from Ch. 91 1/2, par. 100-33.2)
| ||||||
23 | Sec. 33.2.
To require of each physician, of whatever | ||||||
24 | specialty, employed
by the Department or practicing under its | ||||||
25 | supervision, to be trained in
the techniques of |
| |||||||
| |||||||
1 | psychopharmacology. The Department shall:
| ||||||
2 | (a) insure that each physician employed by it after the | ||||||
3 | effective date
of this amendatory Act of 1975 has completed | ||||||
4 | course work during his medical
training in the techniques of | ||||||
5 | administering drugs for the purpose of treating
mental disease | ||||||
6 | or disability, or that a physician who is unable to show
| ||||||
7 | evidence of completion of such training attends a seminar on | ||||||
8 | psychopharmacology
sponsored by the Department within 30 days | ||||||
9 | of the beginning of his employment
or practice under the | ||||||
10 | supervision of the Department; and
| ||||||
11 | (b) insure that each physician employed by it on the | ||||||
12 | effective date of
this amendatory Act of 1975 attends a seminar | ||||||
13 | on psychopharmacology sponsored
by the Department within 30 | ||||||
14 | days of that effective date.
| ||||||
15 | The Director or the Secretary may require periodic | ||||||
16 | refresher seminars on the
subject of psychopharmacology for | ||||||
17 | each physician and such other employees of
the Department as he | ||||||
18 | or she may deem appropriate.
| ||||||
19 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
20 | (20 ILCS 1705/34) (from Ch. 91 1/2, par. 100-34)
| ||||||
21 | Sec. 34.
To make grants-in-aid to community clinics and | ||||||
22 | agencies for
psychiatric or clinical services, training, | ||||||
23 | research and other mental
health, mental retardation and other | ||||||
24 | developmental disabilities programs,
for persons of all ages | ||||||
25 | including those aged 3 to 21.
|
| |||||||
| |||||||
1 | In addition to other standards and procedures governing the | ||||||
2 | disbursement of
grants-in-aid implemented under this Section, | ||||||
3 | the Director or the Secretary
shall require that each | ||||||
4 | application for such aid submitted by public agencies
or public | ||||||
5 | clinics with respect to services to be provided by a | ||||||
6 | municipality
with a population of 500,000 or more shall include | ||||||
7 | review
and comment by a community mental health board that is | ||||||
8 | organized under
local authority and broadly representative of | ||||||
9 | the geographic, social,
cultural, and economic interests of the | ||||||
10 | area to be served, and which
includes persons who are | ||||||
11 | professionals in the field of mental health,
consumers of | ||||||
12 | services or representative of the general public. Within
| ||||||
13 | planning and service areas designated by the Director or the | ||||||
14 | Secretary where
more than one clinic or agency applies under | ||||||
15 | this paragraph, each application
shall be
reviewed by a single | ||||||
16 | community mental health board that is representative
of the | ||||||
17 | areas to be served by each clinic or agency.
| ||||||
18 | The Director or the Secretary may authorize advance | ||||||
19 | disbursements to any
clinic or agency that has been awarded a | ||||||
20 | grant-in-aid, provided that the Director or the
Secretary | ||||||
21 | shall, within 30 days before the making of such
disbursement, | ||||||
22 | certify to the Comptroller that (a) the provider is
eligible to | ||||||
23 | receive that disbursement, and (b) the disbursement is made
as | ||||||
24 | compensation for services to be rendered within 60 days of that
| ||||||
25 | certification.
| ||||||
26 | (Source: P.A. 89-507, eff. 7-1-97.)
|
| |||||||
| |||||||
1 | (20 ILCS 1705/47) (from Ch. 91 1/2, par. 100-47)
| ||||||
2 | Sec. 47.
The facility director of each facility under the | ||||||
3 | jurisdiction of the
Department shall develop and implement | ||||||
4 | written policies and procedures to
insure that employees and | ||||||
5 | visitors are properly identified at all times
they are on the | ||||||
6 | grounds of the facility. Proper identification or other
| ||||||
7 | specified credentials shall be required for all persons, | ||||||
8 | including
employees, entering and exiting grounds of any mental | ||||||
9 | health facility. The Director or the
Secretary of the | ||||||
10 | Department may establish uniform procedures
for
identification | ||||||
11 | pursuant to the provisions of this Section that shall apply
to | ||||||
12 | all facilities under the jurisdiction of the Department.
| ||||||
13 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
14 | (20 ILCS 1705/56) (from Ch. 91 1/2, par. 100-56)
| ||||||
15 | Sec. 56. The Director or the Secretary, upon making a | ||||||
16 | determination based
upon information in the possession of the | ||||||
17 | Department, that
continuation in practice of a licensed health | ||||||
18 | care professional would
constitute an immediate danger to the | ||||||
19 | public, shall submit a written
communication to the Director of | ||||||
20 | Financial and Professional Regulation indicating such
| ||||||
21 | determination and additionally providing a complete summary of | ||||||
22 | the
information upon which such determination is based, and | ||||||
23 | recommending that
the Director of Financial and Professional | ||||||
24 | Regulation immediately suspend such person's
license. All |
| |||||||
| |||||||
1 | relevant evidence, or copies thereof, in the Department's
| ||||||
2 | possession may also be submitted in conjunction with the | ||||||
3 | written
communication. A copy of such written communication, | ||||||
4 | which is exempt from
the copying and inspection provisions of | ||||||
5 | the Freedom of Information Act,
shall at the time of submittal | ||||||
6 | to the Director of Financial and Professional Regulation
be | ||||||
7 | simultaneously mailed to the last known business address of | ||||||
8 | such
licensed health care professional by certified or | ||||||
9 | registered postage,
United States Mail, return receipt | ||||||
10 | requested. Any evidence, or copies
thereof, which is submitted | ||||||
11 | in conjunction with the written communication
is also exempt | ||||||
12 | from the copying and inspection provisions of the Freedom of
| ||||||
13 | Information Act.
| ||||||
14 | For the purposes of this Section, "licensed health care | ||||||
15 | professional"
means any person licensed under the Illinois | ||||||
16 | Dental Practice Act, the Nurse Practice Act, the Medical | ||||||
17 | Practice Act of 1987, the
Pharmacy Practice Act, the Podiatric | ||||||
18 | Medical Practice Act of
1987, and the Illinois Optometric | ||||||
19 | Practice Act of 1987.
| ||||||
20 | (Source: P.A. 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; | ||||||
21 | 95-876, eff. 8-21-08.)
| ||||||
22 | (20 ILCS 1705/63) (from Ch. 91 1/2, par. 100-63)
| ||||||
23 | Sec. 63. Mental health pilot program.
| ||||||
24 | (a) The Director or the Secretary is hereby authorized, | ||||||
25 | from appropriations
made available
for purposes of this |
| |||||||
| |||||||
1 | Section, to establish elderly mental health pilot
programs with | ||||||
2 | an emphasis on deterring homelessness, institutionalization,
| ||||||
3 | and premature death among elderly persons with mental illness. | ||||||
4 | These shall be
coordinated with other programs for the aged | ||||||
5 | administered by the Department
on Aging and area agencies on | ||||||
6 | aging. The programs shall provide
community-based mental | ||||||
7 | health services including the following services
provided on an | ||||||
8 | in-home basis:
| ||||||
9 | (1) Case management.
| ||||||
10 | (2) Assessment.
| ||||||
11 | (3) Counseling.
| ||||||
12 | (4) Outreach.
| ||||||
13 | (b) Additionally, other services may include, but are not | ||||||
14 | limited
to, any or all of the following:
| ||||||
15 | (1) Outpatient assessment and diagnostic services.
| ||||||
16 | (2) Outpatient counseling.
| ||||||
17 | (3) Crisis intervention.
| ||||||
18 | (4) Money management.
| ||||||
19 | (5) Medication monitoring.
| ||||||
20 | (6) Psychiatric services.
| ||||||
21 | (c) The Department shall establish eligibility standards | ||||||
22 | for
these services taking into consideration the unique | ||||||
23 | economic and social
needs of the target population for whom | ||||||
24 | they are to be provided. The
target population identified for | ||||||
25 | the purposes of this Act includes persons
60 years of age or | ||||||
26 | older who:
|
| |||||||
| |||||||
1 | (1) Are suffering an acute episode of mental illness.
| ||||||
2 | (2) Are suffering from a mental disorder which has led | ||||||
3 | or will lead to
the need for long-term institutional care.
| ||||||
4 | (3) Have undergone psychiatric treatment or intensive | ||||||
5 | outpatient care
more than once in a lifetime.
| ||||||
6 | (4) Are exhibiting behavior that severely impacts on | ||||||
7 | themselves or
their environment and which may indicate the | ||||||
8 | development of mental illness.
| ||||||
9 | (d) The Department shall include a review of the progress | ||||||
10 | of any
model program under this Act in its annual report to the | ||||||
11 | Governor and the
General Assembly.
| ||||||
12 | (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
| ||||||
13 | (20 ILCS 1705/64) (from Ch. 91 1/2, par. 100-64)
| ||||||
14 | Sec. 64. Advisory Committee on Geriatric Services.
| ||||||
15 | (a) The Department shall establish an Advisory Committee on
| ||||||
16 | Geriatric Services to advise the Department on matters | ||||||
17 | pertaining to the
mental health needs of the elderly population | ||||||
18 | within the State. The Director or the
Secretary shall designate | ||||||
19 | a person to serve as a liaison to
the Advisory Committee and to | ||||||
20 | the public.
| ||||||
21 | (b) The Committee shall consist of 13 members.
| ||||||
22 | (c) The members shall be appointed by the Director or the | ||||||
23 | Secretary, and
shall be representative of different | ||||||
24 | geographical sections of the State and
Statewide | ||||||
25 | organizations, so far as possible, representing
the limited |
| |||||||
| |||||||
1 | English-speaking elderly, the protective service interests of
| ||||||
2 | vulnerable adults, the agencies providing case management | ||||||
3 | services to the
elderly, and administrators of model projects
| ||||||
4 | serving the mental health needs of the elderly through | ||||||
5 | coordination of
service delivery systems. One member of the | ||||||
6 | Committee shall be the
Director of the Department on Aging or | ||||||
7 | his or her designee.
| ||||||
8 | (d) The appointments of the Committee shall be for 2 year | ||||||
9 | terms.
Members may serve more than one term. Vacancies among | ||||||
10 | the members shall be
filled by the Director.
| ||||||
11 | (e) The Committee shall provide for its organization and | ||||||
12 | procedure
including the election of the Chairperson and such | ||||||
13 | other officers as
deemed necessary.
| ||||||
14 | (f) The members of the committee shall receive no | ||||||
15 | compensation for their
services but shall be reimbursed by the | ||||||
16 | Department for any ordinary and
necessary expenses incurred in | ||||||
17 | the performance of their duties.
| ||||||
18 | (g) The Committee shall have the following duties:
| ||||||
19 | (1) To assess the mental health needs of the elderly | ||||||
20 | population in
the State.
| ||||||
21 | (2) To recommend treatment methods and programs that | ||||||
22 | are sensitive and
relevant to the characteristics of the | ||||||
23 | elderly population.
| ||||||
24 | (3) To provide consultation, technical assistance, | ||||||
25 | training programs,
and reference materials to service | ||||||
26 | providers, organizations, and other
agencies.
|
| |||||||
| |||||||
1 | (4) To promote awareness of geriatric mental health | ||||||
2 | concerns, and
encourage, promote, and aid in the | ||||||
3 | establishment of geriatric services.
| ||||||
4 | (5) To disseminate information on available geriatric | ||||||
5 | services.
| ||||||
6 | (6) To provide adequate and effective opportunities | ||||||
7 | for the elderly
population to express their views on | ||||||
8 | Departmental policy development and
program | ||||||
9 | implementation.
| ||||||
10 | (h) For the purpose of this Section "geriatric" or "elderly | ||||||
11 | population"
shall mean and include any persons who are 60 years | ||||||
12 | of age or older.
| ||||||
13 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
14 | Section 940. The Department of Human Services (Mental | ||||||
15 | Health and Developmental
Disabilities) Law of the Civil | ||||||
16 | Administrative Code of Illinois is amended by changing the | ||||||
17 | heading of Article 1710 and Sections 1710-1, 1710-5, and | ||||||
18 | 1710-20 as follows:
| ||||||
19 | (20 ILCS 1710/Art. 1710 heading) | ||||||
20 | ARTICLE 1710. DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES AS | ||||||
21 | SUCCESSOR TO | ||||||
22 | DEPARTMENT OF HUMAN SERVICES
| ||||||
23 | ( WHICH WAS AS SUCCESSOR TO DEPARTMENT OF
| ||||||
24 | MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES)
|
| |||||||
| |||||||
1 | (20 ILCS 1710/1710-1)
| ||||||
2 | Sec. 1710-1. Article short title. This Article 1710 of the | ||||||
3 | Civil Administrative
Code of Illinois may be cited as the | ||||||
4 | Departments of Healthcare and Family Services (Mental Health) | ||||||
5 | and Department of Human Services ( Mental
Health and | ||||||
6 | Developmental Disabilities) Law.
| ||||||
7 | (Source: P.A. 91-239, eff. 1-1-00; revised 10-30-09.)
| ||||||
8 | (20 ILCS 1710/1710-5)
| ||||||
9 | Sec. 1710-5. Definitions. In this Law:
| ||||||
10 | "Department" means the Department of Human Services with | ||||||
11 | respect to functions relating to developmental disabilities. | ||||||
12 | With respect to functions relating to mental health: | ||||||
13 | (1) Before January 1, 2011, "Department" means the | ||||||
14 | Department of Human Services. | ||||||
15 | (2) On and after January 1, 2011, "Department" means | ||||||
16 | the Department of Healthcare and Family Services .
| ||||||
17 | "Director means the Director of Healthcare and Family | ||||||
18 | Services. | ||||||
19 | "Secretary" means the Secretary of Human Services.
| ||||||
20 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
21 | (20 ILCS 1710/1710-20) (was 20 ILCS 1710/53 in part)
| ||||||
22 | Sec. 1710-20. Mental Health and Developmental Disabilities | ||||||
23 | Code.
|
| |||||||
| |||||||
1 | (a) The Department has the power to administer the | ||||||
2 | provisions of
the
Mental Health and Developmental
Disabilities | ||||||
3 | Code that pertain to the responsibilities of the
Department.
| ||||||
4 | (b) The Department has the power to initiate injunction
| ||||||
5 | proceedings wherever it appears to the
Secretary or the | ||||||
6 | Director that any
person, group of persons, or corporation is | ||||||
7 | engaged or about to engage
in any acts or practices that | ||||||
8 | constitute or will constitute a
violation
of the Mental Health | ||||||
9 | and Developmental Disabilities Code or any rule or
regulation | ||||||
10 | prescribed under authority of that Code. The
Secretary or the | ||||||
11 | Director may, in his or her discretion,
through the Attorney | ||||||
12 | General, file a complaint and apply for an injunction,
and upon | ||||||
13 | a proper showing, any circuit court may issue a permanent or
| ||||||
14 | preliminary injunction or a temporary restraining order | ||||||
15 | without bond to
enforce that Code, rule, or regulation in | ||||||
16 | addition to the
penalties and other remedies provided
in that | ||||||
17 | Code, rule, or regulation. Either party may
appeal as in other | ||||||
18 | civil cases.
| ||||||
19 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
20 | Section 945. The Department of Public Health Powers and | ||||||
21 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
22 | amended by changing Section 2310-392 as follows:
| ||||||
23 | (20 ILCS 2310/2310-392) (was 20 ILCS 2310/55.85)
| ||||||
24 | Sec. 2310-392. Grants from the Mental Health Research Fund. |
| |||||||
| |||||||
1 | From funds appropriated from the Mental Health Research Fund,
| ||||||
2 | the Department of Human Services (before January 1, 2011) or | ||||||
3 | the Department of Healthcare and Family Services (on and after | ||||||
4 | January 1, 2011) shall award grants to organizations in
| ||||||
5 | Illinois for the purpose of research of mental illness.
| ||||||
6 | (Source: P.A. 90-171, eff. 7-23-97; 90-655, eff. 7-30-98; | ||||||
7 | 91-239,
eff. 1-1-00.)
| ||||||
8 | Section 950. The Blind Vendors Act is amended by changing | ||||||
9 | Section 30 as follows:
| ||||||
10 | (20 ILCS 2421/30)
| ||||||
11 | Sec. 30. Vending machine income and compliance. | ||||||
12 | (a) Except as provided in subsections (b), (c), (d), (e), | ||||||
13 | and (i) of this Section, after July 1, 2010, all vending | ||||||
14 | machine income, as defined by this Act, from vending machines | ||||||
15 | on State property shall accrue to (1) the blind vendor | ||||||
16 | operating the vending facilities on the property or (2) in the | ||||||
17 | event there is no blind vendor operating a facility on the | ||||||
18 | property, the Blind Vendors Trust Fund for use exclusively as | ||||||
19 | set forth in subsection (a) of Section 25 of this Act. | ||||||
20 | (b) Notwithstanding the provisions of subsection (a) of | ||||||
21 | this Section, all State university cafeterias and vending | ||||||
22 | machines are exempt from this Act. | ||||||
23 | (c) Notwithstanding the provisions of subsection (a) of | ||||||
24 | this Section, all vending facilities at the Governor Samuel H. |
| |||||||
| |||||||
1 | Shapiro Developmental Center in Kankakee are exempt from this | ||||||
2 | Act. | ||||||
3 | (d) Notwithstanding the provisions of subsection (a) of | ||||||
4 | this Section, in
the event there is no blind vendor operating a | ||||||
5 | vending facility on the
State property, all vending machine | ||||||
6 | income, as defined in this Act, from
vending machines on the | ||||||
7 | State property of the Department of Corrections
and the | ||||||
8 | Department of Juvenile Justice shall accrue to the State agency
| ||||||
9 | and be allocated in accordance with the commissary provisions | ||||||
10 | in the Unified Code of Corrections. | ||||||
11 | (e) Notwithstanding the provisions of subsection (a) of | ||||||
12 | this Section, in the event a blind vendor is operating a | ||||||
13 | vending facility on
the State property of the Department or | ||||||
14 | Corrections or the Department of
Juvenile Justice, a commission | ||||||
15 | shall be paid to the State agency equal to
10% of the net | ||||||
16 | proceeds from vending machines servicing State employees
and | ||||||
17 | 25% of the net proceeds from vending machines servicing | ||||||
18 | visitors on
the State property. | ||||||
19 | (f) The Secretary, directly or by delegation of authority, | ||||||
20 | shall ensure compliance with this Section and Section 15 of | ||||||
21 | this Act with respect to buildings, installations, facilities, | ||||||
22 | roadside rest stops, and any other State property, and shall be | ||||||
23 | responsible for the collection of, and accounting for, all | ||||||
24 | vending machine income on this property. The Secretary shall | ||||||
25 | enforce these provisions through litigation, arbitration, or | ||||||
26 | any other legal means available to the State, and each State |
| |||||||
| |||||||
1 | agency in control of this property shall be subject to the | ||||||
2 | enforcement. State agencies or departments failing to comply | ||||||
3 | with an order of the Department may be held in contempt in any | ||||||
4 | court of general jurisdiction. | ||||||
5 | (g) Any limitation on the placement or operation of a | ||||||
6 | vending machine by a State agency based on a determination that | ||||||
7 | such placement or operation would adversely affect the | ||||||
8 | interests of the State must be explained in writing to the | ||||||
9 | Secretary. The Secretary shall promptly determine whether the | ||||||
10 | limitation is justified. If the Secretary determines that the | ||||||
11 | limitation is not justified, the State agency seeking the | ||||||
12 | limitation shall immediately remove the limitation. | ||||||
13 | (h) The amount of vending machine income accruing from | ||||||
14 | vending machines on State property that may be used for the | ||||||
15 | functions of the Committee shall be determined annually by a | ||||||
16 | two-thirds vote of the Committee, except that no more than 25% | ||||||
17 | of the annual vending machine income may be used by the | ||||||
18 | Committee for this purpose, based upon the income accruing to | ||||||
19 | the Blind Vendors Trust Fund in the preceding year. The | ||||||
20 | Committee may establish its budget and expend funds through | ||||||
21 | contract or otherwise without the approval of the Department. | ||||||
22 | (i) Notwithstanding the provisions of subsection (a) of | ||||||
23 | this Section, with respect to vending machines located on any | ||||||
24 | facility or property controlled or operated by the Division of | ||||||
25 | Mental Health within the Department of Human Services (before | ||||||
26 | January 1, 2011) or the Department of Healthcare and Family |
| |||||||
| |||||||
1 | Services (on and after January 1, 2011) or the Division of | ||||||
2 | Developmental Disabilities within the Department of Human | ||||||
3 | Services: | ||||||
4 | (1) Any written contract in place as of the effective | ||||||
5 | date of this Act between the Division and the Business | ||||||
6 | Enterprise Program for the Blind shall be maintained and | ||||||
7 | fully adhered to including any moneys paid to the | ||||||
8 | individual facilities. | ||||||
9 | (2) With respect to existing vending machines with no | ||||||
10 | written contract or agreement in place as of the effective | ||||||
11 | date of this Act between the Division and a private vendor, | ||||||
12 | bottler, or vending machine supplier, the Business | ||||||
13 | Enterprise Program for the Blind has the right to provide | ||||||
14 | the vending services as provided in this Act, provided that | ||||||
15 | the blind vendor must provide 10% of gross sales from those | ||||||
16 | machines to the individual facilities.
| ||||||
17 | (Source: P.A. 96-644, eff. 1-1-10.)
| ||||||
18 | Section 955. The Department of Veterans Affairs Act is | ||||||
19 | amended by changing Section 8 as follows:
| ||||||
20 | (20 ILCS 2805/8)
| ||||||
21 | Sec. 8. Post-Traumatic Stress Disorder Outpatient | ||||||
22 | Counseling Program. Subject to appropriations for that | ||||||
23 | purpose, the Department, in consultation with the Department of | ||||||
24 | Healthcare and Family Human Services, shall contract with |
| |||||||
| |||||||
1 | professional counseling specialists to provide a range of | ||||||
2 | confidential counseling and direct treatment services to | ||||||
3 | war-affected Southwest Asia combat veterans and their family | ||||||
4 | members, and to provide additional treatment services to Viet | ||||||
5 | Nam War veterans for post-traumatic stress disorder, | ||||||
6 | particularly those Viet Nam veterans whose post-traumatic | ||||||
7 | stress disorder has intensified or initially emerged due to the | ||||||
8 | war in the Middle East. Any such contracts entered into by the | ||||||
9 | Department must be with individuals and entities pre-approved | ||||||
10 | by the U.S. Department of Veterans Affairs and must be for the | ||||||
11 | provision of services pre-approved by the U.S. Department of | ||||||
12 | Veterans Affairs. In consultation with the Department of | ||||||
13 | Healthcare and Family Human Services, the Department shall: | ||||||
14 | (1) develop an educational program designed to inform | ||||||
15 | and train primary health care professionals, including | ||||||
16 | mental health professionals, about the effects of | ||||||
17 | war-related stress and trauma; | ||||||
18 | (2) provide informational and counseling services for | ||||||
19 | the purpose of establishing and fostering peer-support | ||||||
20 | networks throughout the State for families of deployed | ||||||
21 | members of the reserves and the Illinois National Guard; | ||||||
22 | and | ||||||
23 | (3) provide for veterans' families a referral network | ||||||
24 | of mental health providers who are skilled in treating | ||||||
25 | deployment stress, combat stress, and post-traumatic | ||||||
26 | stress. |
| |||||||
| |||||||
1 | As used in this Section, "Southwest Asia combat veteran" | ||||||
2 | means an Illinois resident who is, or who was honorably | ||||||
3 | discharged as, a member of the Armed Forces of the United | ||||||
4 | States, a member of the Illinois National Guard, or a member of | ||||||
5 | any reserve component of the Armed Forces of the United States | ||||||
6 | and who served on active duty in connection with Operation | ||||||
7 | Desert Storm, Operation Enduring Freedom, or Operation Iraqi | ||||||
8 | Freedom.
| ||||||
9 | (Source: P.A. 95-576, eff. 8-31-07.)
| ||||||
10 | Section 960. The Guardianship and Advocacy Act is amended | ||||||
11 | by changing Section 35 as follows:
| ||||||
12 | (20 ILCS 3955/35) (from Ch. 91 1/2, par. 735)
| ||||||
13 | Sec. 35.
The annual appropriation for the Commission shall | ||||||
14 | not exceed
1% of the total annual appropriation from the | ||||||
15 | General Revenue Fund to the
Department of Human Services for | ||||||
16 | its ordinary and contingent expenses relating
to mental
health | ||||||
17 | (before January 1, 2011) and developmental disabilities and to | ||||||
18 | the
Department of Healthcare and Family Services for its | ||||||
19 | ordinary and contingent expenses relating
to mental
health (on | ||||||
20 | and after January 1, 2011) .
| ||||||
21 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
22 | Section 965. The Fiscal Note Act is amended by changing | ||||||
23 | Sections 2 and 7 as follows:
|
| |||||||
| |||||||
1 | (25 ILCS 50/2) (from Ch. 63, par. 42.32)
| ||||||
2 | Sec. 2. The sponsor of each bill, referred to in Section 1, | ||||||
3 | shall
present a copy of the bill, with his request for a fiscal | ||||||
4 | note, to the
board, commission, department, agency, or other | ||||||
5 | entity of the State
which is to receive or expend the | ||||||
6 | appropriation proposed or which is
responsible for collection | ||||||
7 | of the revenue proposed to be increased or
decreased, or to be | ||||||
8 | levied or provided for. The sponsor of a bill that amends
the | ||||||
9 | Mental Health and Developmental Disabilities Code or the | ||||||
10 | Developmental
Disability and Mental Disability Services Act | ||||||
11 | shall present a copy of the bill,
with his or her request for a | ||||||
12 | fiscal note, to the Department of Human
Services or the | ||||||
13 | Department of Healthcare and Family Services, as appropriate . | ||||||
14 | The fiscal note shall be
prepared by such board, commission, | ||||||
15 | department, agency, or other entity
and furnished to the | ||||||
16 | sponsor of the bill within 5 calendar days
thereafter; except | ||||||
17 | that whenever, because of the complexity of the
measure, | ||||||
18 | additional time is required for preparation of the fiscal note,
| ||||||
19 | the board, commission, department, agency, or other entity may | ||||||
20 | so inform
the sponsor of the bill and he may approve an | ||||||
21 | extension of the time
within which the note is to be furnished, | ||||||
22 | not to extend, however, beyond
June 15, following the date of | ||||||
23 | the request.
Whenever any measure for which a fiscal note is | ||||||
24 | required affects more
than one State board, commission, | ||||||
25 | department, agency, or other entity,
the board, commission, |
| |||||||
| |||||||
1 | department, agency, or other entity most affected
by its | ||||||
2 | provisions according to the sponsor shall be responsible for
| ||||||
3 | preparation of the fiscal note. Whenever any measure for which | ||||||
4 | a fiscal
note is required does not affect a specific board, | ||||||
5 | commission,
department, agency or other such entity, or does | ||||||
6 | not amend the Mental Health
and Developmental Disabilities Code | ||||||
7 | or the Developmental Disability and Mental
Disability Services | ||||||
8 | Act, the sponsor of the measure
shall be responsible for | ||||||
9 | preparation of the fiscal note.
| ||||||
10 | In the case of bills having a potential fiscal impact on | ||||||
11 | units of local
government, the fiscal note shall be prepared by | ||||||
12 | the Department of Commerce
and Economic Opportunity. In the | ||||||
13 | case of bills having a potential fiscal impact
on school | ||||||
14 | districts, the fiscal note shall be prepared by the State
| ||||||
15 | Superintendent
of Education. In the case of bills having a | ||||||
16 | potential fiscal impact on
community college districts, the | ||||||
17 | fiscal note shall be prepared by the Illinois
Community College | ||||||
18 | Board.
| ||||||
19 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
20 | (25 ILCS 50/7) (from Ch. 63, par. 42.37)
| ||||||
21 | Sec. 7.
Whenever any committee of either house reports any | ||||||
22 | bill with
an amendment of such nature as will substantially | ||||||
23 | affect the costs to or
the revenues of the State, units of | ||||||
24 | local government, school districts,
or community college | ||||||
25 | districts, as stated in the fiscal note attached to the
measure |
| |||||||
| |||||||
1 | at the time of its referral to the committee, there shall be
| ||||||
2 | included with the report of the committee a statement of the | ||||||
3 | effect of
the change proposed by the amendment reported if | ||||||
4 | desired by a majority
of the committee. In like manner, | ||||||
5 | whenever any measure is amended on the
floor of either house in | ||||||
6 | such manner as to substantially affect the
costs thereof or the | ||||||
7 | revenues to be derived thereunder as stated in the
fiscal note | ||||||
8 | attached to the measure prior to such amendment, a majority
of | ||||||
9 | such house may propose that no action shall be taken upon the
| ||||||
10 | amendment until the sponsor of the amendment presents to the | ||||||
11 | members a
statement of the fiscal effect of his proposed | ||||||
12 | amendment.
Whenever an amendment to a bill, whether reported by | ||||||
13 | a committee of either
house or proposed upon the floor of | ||||||
14 | either house, amends the Mental Health
and
Developmental | ||||||
15 | Disabilities Code or the Developmental Disability and Mental
| ||||||
16 | Disability Services Act, no action shall be taken upon the | ||||||
17 | amendment until the
sponsor of the amendment presents to the | ||||||
18 | members a statement prepared by the
Department of Human | ||||||
19 | Services or the Department of Healthcare and Family Services, | ||||||
20 | as appropriate, of the fiscal effect of his or her proposed
| ||||||
21 | amendment upon community agencies.
| ||||||
22 | (Source: P.A. 92-567, eff. 1-1-03.)
| ||||||
23 | Section 970. The Illinois State Auditing Act is amended by | ||||||
24 | changing Section 3-2 as follows:
|
| |||||||
| |||||||
1 | (30 ILCS 5/3-2) (from Ch. 15, par. 303-2)
| ||||||
2 | Sec. 3-2. Mandatory and directed post audits. The Auditor | ||||||
3 | General
shall conduct a financial audit, a compliance audit, or | ||||||
4 | other attestation
engagement, as is appropriate to the agency's | ||||||
5 | operations under generally
accepted
government auditing | ||||||
6 | standards, of each State agency except the Auditor
General or | ||||||
7 | his office at least once
during every biennium, except as is | ||||||
8 | otherwise provided in regulations
adopted under Section 3-8. | ||||||
9 | The general direction and supervision of the
financial audit | ||||||
10 | program may be delegated only to an individual who is a
| ||||||
11 | Certified Public Accountant and a payroll employee of the | ||||||
12 | Office of the
Auditor General. In the conduct of financial | ||||||
13 | audits, compliance audits, and
other attestation engagements, | ||||||
14 | the
Auditor General may inquire into and report upon matters | ||||||
15 | properly within
the scope of a performance audit, provided that
| ||||||
16 | such inquiry
shall be limited to matters arising during the | ||||||
17 | ordinary course of the
financial audit.
| ||||||
18 | In any year the Auditor General shall conduct any special | ||||||
19 | audits as may
be necessary to form an opinion on the financial | ||||||
20 | statements of
this State, as
prepared by the Comptroller, and | ||||||
21 | to certify that this presentation is in
accordance with | ||||||
22 | generally accepted accounting principles for government.
| ||||||
23 | Simultaneously with the biennial compliance audits audit | ||||||
24 | of the
Department of
Human Services and the Department of | ||||||
25 | Healthcare and Family Services , the
Auditor General shall
| ||||||
26 | conduct a program audit of each facility under the jurisdiction |
| |||||||
| |||||||
1 | of each that
Department that is described in Section 4 of the
| ||||||
2 | Mental Health
and Developmental Disabilities Administrative | ||||||
3 | Act. The program audit
shall include an examination of the | ||||||
4 | records of each facility concerning
(i) reports of suspected | ||||||
5 | abuse or neglect of any patient or resident of the
facility and | ||||||
6 | (ii) reports of violent acts against facility staff by patients | ||||||
7 | or residents. The Auditor General shall report the findings of | ||||||
8 | the program
audit to the Governor and the General Assembly, | ||||||
9 | including findings
concerning patterns or trends relating to | ||||||
10 | (i) abuse or neglect of facility
patients and residents or (ii) | ||||||
11 | violent acts against facility staff by patients or residents. | ||||||
12 | However, for any year for which the Inspector
General appointed | ||||||
13 | under Section 1-17 of the Department of Human Services Act or | ||||||
14 | the Inspector General appointed under Section 12-13.1 of the | ||||||
15 | Illinois Public Aid Code submits a report to the Governor and | ||||||
16 | General Assembly as required under either of those Sections
| ||||||
17 | Section 6.7 of the Abused and Neglected Long Term Care Facility | ||||||
18 | Residents
Reporting Act , the Auditor General need not conduct | ||||||
19 | the program audit otherwise
required under this paragraph.
| ||||||
20 | The Auditor General shall conduct a performance
audit of a
| ||||||
21 | State agency when so directed by the Commission, or by either | ||||||
22 | house of
the General Assembly, in a resolution identifying the | ||||||
23 | subject, parties
and scope. Such a directing resolution may:
| ||||||
24 | (a) require the Auditor General to examine and report | ||||||
25 | upon specific
management efficiencies or cost | ||||||
26 | effectiveness proposals specified therein;
|
| |||||||
| |||||||
1 | (b) in the case of a program audit, set forth specific | ||||||
2 | program
objectives, responsibilities or duties or may | ||||||
3 | specify the program
performance standards or program | ||||||
4 | evaluation standards to be the basis of
the program audit;
| ||||||
5 | (c) be directed at particular procedures or functions | ||||||
6 | established by
statute, by administrative regulation or by | ||||||
7 | precedent; and
| ||||||
8 | (d) require the Auditor General to examine and report | ||||||
9 | upon specific
proposals relating to state programs | ||||||
10 | specified in the resolution.
| ||||||
11 | The Commission may by resolution clarify, further direct, | ||||||
12 | or limit
the scope of any audit directed by a resolution of the | ||||||
13 | House or Senate,
provided that any such action by the | ||||||
14 | Commission must be consistent with
the terms of the directing | ||||||
15 | resolution.
| ||||||
16 | (Source: P.A. 93-630, eff. 12-23-03; 94-347, eff. 7-28-05.)
| ||||||
17 | Section 975. The State Finance Act is amended by changing | ||||||
18 | Sections 6b, 8.8, and 30c as follows:
| ||||||
19 | (30 ILCS 105/6b) (from Ch. 127, par. 142b)
| ||||||
20 | Sec. 6b. The gross or total proceeds, receipts and income | ||||||
21 | of all the several
State institutions, clinics, rehabilitation | ||||||
22 | centers and services, except the
Illinois Veterans Home at | ||||||
23 | Quincy, derived from the Veterans' Administration for
the care | ||||||
24 | and treatment of veterans of World War I or World War II or |
| |||||||
| |||||||
1 | those who
served during the national emergency between June 25, | ||||||
2 | 1950 and January 31,
1955, who are patients or residents in the | ||||||
3 | State institutions, clinics,
rehabilitation centers and | ||||||
4 | services, shall be covered into the State treasury
into the | ||||||
5 | Mental Health Fund. Of the money in the United States Veterans'
| ||||||
6 | Bureau Fund on the effective date of this amendatory Act of | ||||||
7 | 1977, $199,800
shall be transferred to the Quincy Veterans' | ||||||
8 | Home Fund and the balance shall be
transferred to the Mental | ||||||
9 | Health Fund.
| ||||||
10 | The gross receipts of the Department of Human Services | ||||||
11 | relating to mental
health (before January 1, 2011) and | ||||||
12 | developmental disabilities and the gross receipts of the | ||||||
13 | Department of Healthcare and Family Services relating to mental
| ||||||
14 | health (on and after January 1, 2011) that are obtained for | ||||||
15 | services,
commodities, equipment and personnel
provided to | ||||||
16 | other agencies and branches of State government, to units of
| ||||||
17 | local government, to the government of other states or to the | ||||||
18 | federal
government shall be deposited with the State Treasurer | ||||||
19 | for deposit into the
Mental Health Fund.
| ||||||
20 | The gross receipts of the Department of Human Services | ||||||
21 | relating to mental
health (before January 1, 2011) and | ||||||
22 | developmental disabilities and the gross receipts of the | ||||||
23 | Department of Healthcare and Family Services relating to mental
| ||||||
24 | health (on and after January 1, 2011) that are obtained in | ||||||
25 | connection with
the retention, receipt, assignment,
license, | ||||||
26 | sale or transfer of interests in, rights to, or income from
|
| |||||||
| |||||||
1 | discoveries, inventions, patents, or copyrightable works to | ||||||
2 | governmental,
public or private agencies or persons including | ||||||
3 | units, branches, or agencies of
local, State, federal and | ||||||
4 | foreign governments shall be deposited with the State
Treasurer | ||||||
5 | for deposit into the Mental Health Fund.
| ||||||
6 | Remittances from or on behalf of licensed long-term care | ||||||
7 | facilities
through Department of Healthcare and Family | ||||||
8 | Services (formerly Department of Public Aid) reimbursement and | ||||||
9 | monies from other funds
for Day Training Programs for clients | ||||||
10 | with a developmental disability shall be
deposited with the | ||||||
11 | State Treasurer and placed in the Mental Health Fund.
| ||||||
12 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
13 | (30 ILCS 105/8.8) (from Ch. 127, par. 144.8)
| ||||||
14 | Sec. 8.8.
Appropriations for the improvement, development, | ||||||
15 | addition or
expansion of services for the care, treatment, and | ||||||
16 | training of persons who
are mentally retarded or subject to | ||||||
17 | involuntary admission under the Mental
Health and | ||||||
18 | Developmental Disabilities Code or for the financing of any
| ||||||
19 | program designed to provide such improvement, development, | ||||||
20 | addition or
expansion of services or for expenses incurred in | ||||||
21 | administering the
provisions of Sections 5-105 to 5-115, | ||||||
22 | inclusive, of the Mental Health and
Developmental Disabilities | ||||||
23 | Code, or other ordinary and contingent expenses
of the | ||||||
24 | Department of Human Services relating to mental health before | ||||||
25 | January 1, 2011) and
developmental disabilities or of the |
| |||||||
| |||||||
1 | Department of Healthcare and Family Services relating to mental
| ||||||
2 | health (on and after January 1, 2011) , are payable from the | ||||||
3 | Mental Health Fund.
However, no expenditures shall be made for | ||||||
4 | the purchase, construction,
lease, or rental of buildings for | ||||||
5 | use as State-operated mental health or
developmental | ||||||
6 | disability facilities or for renovating or rehabilitating | ||||||
7 | those
buildings.
| ||||||
8 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
9 | (30 ILCS 105/30c) (from Ch. 127, par. 166c)
| ||||||
10 | Sec. 30c.
The acceptance of a reduction in earnings or the
| ||||||
11 | foregoing of an increase in earnings by an employee in | ||||||
12 | consideration for
which an employer pays the amount of the | ||||||
13 | adjustment in earnings to an
insurance company or companies | ||||||
14 | selected by the employer to be applied as
a premium on an | ||||||
15 | annuity contract, with or without incidental life
insurance | ||||||
16 | benefits, under which the employee's rights are
| ||||||
17 | non-forfeitable except for failure to pay future premiums may | ||||||
18 | be
permitted in the following cases:
| ||||||
19 | (a) By any employer as defined in Section 15-106 of the | ||||||
20 | "Illinois
Pension Code", for any employee;
| ||||||
21 | (b) By any Department as defined in Section 14-103.04 of | ||||||
22 | the
"Illinois Pension Code", for any employee;
| ||||||
23 | (c) By the State Board of Education
with the State | ||||||
24 | Comptroller for any employee who is certified under the laws
| ||||||
25 | governing certification of teachers and is covered by the |
| |||||||
| |||||||
1 | Teachers'
Retirement System of the State of Illinois;
| ||||||
2 | (d) By the State Board of Education with the Comptroller
| ||||||
3 | for any regional superintendent of schools or assistant | ||||||
4 | regional
superintendent of schools; or
| ||||||
5 | (e) By the Department of Children and Family Services, the | ||||||
6 | Department of Healthcare and Family Services, the Department of
| ||||||
7 | Human Services, or the
Department of Corrections, each with the | ||||||
8 | Comptroller for any teacher at
any of the institutions listed | ||||||
9 | in Section 9 of the Children and Family Services Act, in | ||||||
10 | Section 4 of the Mental Health and Developmental
Disabilities | ||||||
11 | Administrative Act,
or in the Unified Code of Corrections.
| ||||||
12 | The State may enter into agreements whereby individual
| ||||||
13 | employees elect to receive, in lieu of salary or wages, | ||||||
14 | benefits which are
not taxable under the federal Internal | ||||||
15 | Revenue Code. Such agreements may
include the acceptance of a | ||||||
16 | reduction in earnings or the foregoing of an
increase in | ||||||
17 | earnings by an employee and the employer's payment of such
| ||||||
18 | amounts, as employer contributions, for benefits which the | ||||||
19 | employee selects
from a list of employee benefits offered by | ||||||
20 | the employer.
| ||||||
21 | The selection of the insurance company or companies, health | ||||||
22 | care
provider or organization and the purchase of the contracts
| ||||||
23 | shall not be subject to "The Illinois Purchasing Act".
| ||||||
24 | Each employer, or Department, as specified in this Section, | ||||||
25 | the
Department of Children and Family Services with the | ||||||
26 | Comptroller, the Department of Healthcare and Family Services |
| |||||||
| |||||||
1 | with the Comptroller, the
Department of Human Services with the
| ||||||
2 | Comptroller or the Department of Corrections with the | ||||||
3 | Comptroller or the
State Board of Education with the | ||||||
4 | Comptroller, as the case
may be, may adopt rules to implement | ||||||
5 | this Act including, but not by way
of limitation, (a) the | ||||||
6 | method of filing an election to accept an
adjustment in | ||||||
7 | earnings and revocation of the election, (b) the effective
date | ||||||
8 | of an election, (c) changes in the amount of the adjustment in
| ||||||
9 | earnings, and (d) selection of the organization, company
or | ||||||
10 | companies from which contracts are to be purchased.
| ||||||
11 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
12 | Section 980. The State Property Control Act is amended by | ||||||
13 | changing Sections 7.1 and 8.3 as follows:
| ||||||
14 | (30 ILCS 605/7.1) (from Ch. 127, par. 133b10.1)
| ||||||
15 | Sec. 7.1.
(a) Except as otherwise provided by law, all | ||||||
16 | surplus real
property held by the State of Illinois shall be | ||||||
17 | disposed of by the
administrator as provided in this Section. | ||||||
18 | "Surplus real property," as
used in this Section, means any | ||||||
19 | real property to which the State holds fee
simple title or
| ||||||
20 | lesser interest, and is vacant, unoccupied or unused and which | ||||||
21 | has no
foreseeable use by the owning agency.
| ||||||
22 | (b) All responsible officers shall submit an Annual Real | ||||||
23 | Property
Utilization Report to the Administrator, or annual | ||||||
24 | update of such
report, on forms required by the Administrator, |
| |||||||
| |||||||
1 | by July 31 of each year.
The Administrator may require such | ||||||
2 | documentation as he deems reasonably
necessary in connection | ||||||
3 | with this Report, and shall require that such
Report include | ||||||
4 | the following information:
| ||||||
5 | (1) A legal description of all real property owned by the | ||||||
6 | State
under the control of the responsible officer.
| ||||||
7 | (2) A description of the use of the real property listed | ||||||
8 | under (1).
| ||||||
9 | (3) A list of any improvements made to such real property | ||||||
10 | during the
previous year.
| ||||||
11 | (4) The dates on which the State first acquired its | ||||||
12 | interest in such
real property, and the purchase price and | ||||||
13 | source of the funds used to
acquire the property.
| ||||||
14 | (5) Plans for the future use of currently unused real | ||||||
15 | property.
| ||||||
16 | (6) A declaration of any surplus real property.
On or | ||||||
17 | before October 31 of each year the Administrator shall furnish
| ||||||
18 | copies of each responsible officer's report along with a list | ||||||
19 | of surplus
property indexed by legislative district to the | ||||||
20 | General Assembly.
| ||||||
21 | This report shall be filed with the Speaker, the Minority | ||||||
22 | Leader and the
Clerk of the House of Representatives and the | ||||||
23 | President, the Minority
Leader and the Secretary of the Senate | ||||||
24 | and shall be duplicated and made
available to the members of | ||||||
25 | the General Assembly for evaluation by such
members for | ||||||
26 | possible liquidation of unused public property at public sale.
|
| |||||||
| |||||||
1 | (c) Following receipt of the Annual Real Property | ||||||
2 | Utilization Report
required under paragraph (b), the | ||||||
3 | Administrator shall notify all State
agencies by October 31 of | ||||||
4 | all declared surplus real
property. Any State
agency may submit | ||||||
5 | a written request to the Administrator, within 60 days
of the | ||||||
6 | date of such notification, to have control of surplus real
| ||||||
7 | property transferred to that agency. Such request must indicate | ||||||
8 | the
reason for the transfer and the intended use to be made of | ||||||
9 | such surplus
real property. The Administrator may deny any or | ||||||
10 | all such requests by a
State agency or agencies if the | ||||||
11 | Administrator determines that it is more
advantageous to the | ||||||
12 | State to dispose of the surplus real property under
paragraph | ||||||
13 | (d). In case requests for the same surplus real property are
| ||||||
14 | received from more than one State agency, the Administrator | ||||||
15 | shall weigh
the benefits to the State and determine to which | ||||||
16 | agency, if any, to
transfer control of such property. The | ||||||
17 | Administrator shall coordinate
the use and disposal of State | ||||||
18 | surplus real property with any State space
utilization program.
| ||||||
19 | (d) Any surplus real property which is not transferred to | ||||||
20 | the
control of another State agency under paragraph (c) shall | ||||||
21 | be disposed of
by the Administrator. No appraisal is required | ||||||
22 | if during his initial
survey of surplus real property the | ||||||
23 | Administrator determines such
property has a fair market value | ||||||
24 | of less than $5,000. If the value of
such property is | ||||||
25 | determined by the Administrator in his initial survey
to be | ||||||
26 | $5,000 or more, then the Administrator shall obtain 3 |
| |||||||
| |||||||
1 | appraisals
of such real property, one of which shall be | ||||||
2 | performed by an appraiser
residing in the county in which said | ||||||
3 | surplus real property is located.
The average of these 3 | ||||||
4 | appraisals, plus the costs of obtaining the
appraisals, shall | ||||||
5 | represent the fair market value of the surplus real
property. | ||||||
6 | No surplus real property may be conveyed by the Administrator
| ||||||
7 | for less than the fair market value. Prior to offering the | ||||||
8 | surplus real
property for sale to the public the Administrator | ||||||
9 | shall give notice in
writing of the existence and fair market | ||||||
10 | value of the surplus real
property to the governing bodies of | ||||||
11 | the county and of all cities,
villages and incorporated towns | ||||||
12 | in the county in which such real
property is located. Any such | ||||||
13 | governing body may exercise its option to
acquire the surplus | ||||||
14 | real property for the fair market value within 60
days of the | ||||||
15 | notice. After the 60 day period has passed, the
Administrator | ||||||
16 | may sell the surplus real property by public auction
following | ||||||
17 | notice of such sale by publication on 3 separate days not less
| ||||||
18 | than 15 nor more than 30 days prior to the sale in the State | ||||||
19 | newspaper
and in a newspaper having general circulation in the | ||||||
20 | county in which the
surplus real property is located. The | ||||||
21 | Administrator shall post "For
Sale" signs of a conspicuous | ||||||
22 | nature on such surplus real property
offered for sale to the | ||||||
23 | public. If no acceptable offers for the surplus
real property | ||||||
24 | are received, the Administrator may have new appraisals of
such | ||||||
25 | property made. The Administrator shall have all power necessary | ||||||
26 | to
convey surplus real property under this Section. All moneys |
| |||||||
| |||||||
1 | received
for the sale of surplus real property shall be | ||||||
2 | deposited in the General
Revenue Fund, except that: | ||||||
3 | (1) Where moneys expended for the acquisition of such
| ||||||
4 | real property were from a special fund which is still a | ||||||
5 | special fund in
the State treasury, this special fund shall | ||||||
6 | be reimbursed in the amount
of the original expenditure and | ||||||
7 | any amount in excess thereof shall be
deposited in the | ||||||
8 | General Revenue Fund. | ||||||
9 | (2) Whenever a State mental health facility operated by | ||||||
10 | the Department of Human Services or the Department of | ||||||
11 | Healthcare and Family Services is closed and the real | ||||||
12 | estate on which the facility is located is sold by the | ||||||
13 | State, the net proceeds of the sale of the real estate | ||||||
14 | shall be deposited into the Community Mental Health | ||||||
15 | Medicaid Trust Fund. | ||||||
16 | (3) Whenever a State developmental disabilities | ||||||
17 | facility operated by the Department of Human Services is | ||||||
18 | closed and the real estate on which the facility is located | ||||||
19 | is sold by the State, the net proceeds of the sale of the | ||||||
20 | real estate shall be deposited into the Community | ||||||
21 | Developmental Disability Services Medicaid Trust Fund.
| ||||||
22 | The Administrator shall have authority to order such | ||||||
23 | surveys, abstracts
of title, or commitments for title insurance | ||||||
24 | as may, in his reasonable
discretion, be deemed necessary to | ||||||
25 | demonstrate to prospective purchasers or
bidders good and | ||||||
26 | marketable title in any property offered for sale pursuant
to |
| |||||||
| |||||||
1 | this Section. Unless otherwise specifically authorized by the | ||||||
2 | General
Assembly, all conveyances of property made by the | ||||||
3 | Administrator shall be by
quit claim deed.
| ||||||
4 | (e) The Administrator shall submit an annual report on or | ||||||
5 | before
February 1 to the Governor and the General Assembly | ||||||
6 | containing a
detailed statement of surplus real property either | ||||||
7 | transferred or
conveyed under this Section.
| ||||||
8 | (Source: P.A. 96-527, eff. 1-1-10; 96-660, eff. 8-25-09; | ||||||
9 | revised 9-15-09.)
| ||||||
10 | (30 ILCS 605/8.3) | ||||||
11 | Sec. 8.3. John J. Madden Mental Health Center. | ||||||
12 | (a) Notwithstanding any other provision of this Act or any | ||||||
13 | other law to the contrary, the administrator is authorized | ||||||
14 | under this Section to sell all or any part, from time to time, | ||||||
15 | of the property in Cook County known as the John J. Madden | ||||||
16 | Mental Health Center, if ever it is declared
no longer needed | ||||||
17 | by the Secretary of Human Services (before January 1, 2011) or | ||||||
18 | the Director of Healthcare and Family Services (on or after | ||||||
19 | January 1, 2011) , to Loyola University Medical Center at its | ||||||
20 | fair market value as determined under subsection (b). | ||||||
21 | (b) The administrator shall obtain 3 appraisals of property | ||||||
22 | to be sold under subsection (a). Each appraiser must be | ||||||
23 | licensed under the Real Estate Appraiser Licensing Act of 2002, | ||||||
24 | or a successor Act. At least 2 of the appraisals must be | ||||||
25 | performed by appraisers residing in Cook County. The average of |
| |||||||
| |||||||
1 | these 3 appraisals, plus the cost of obtaining the appraisals, | ||||||
2 | shall represent the fair market value of the property to be | ||||||
3 | sold. | ||||||
4 | (c) Neither all nor any part of the property may be sold or | ||||||
5 | leased to any other party by the administrator or by any other | ||||||
6 | State officer or agency, at any time, unless it has first been | ||||||
7 | offered for sale to Loyola University Medical Center as | ||||||
8 | provided in this Section.
| ||||||
9 | (Source: P.A. 94-1107, eff. 2-16-07.)
| ||||||
10 | Section 985. The State Facilities Closure Act is amended by | ||||||
11 | changing Section 5-10 as follows:
| ||||||
12 | (30 ILCS 608/5-10)
| ||||||
13 | Sec. 5-10. Facility closure process. | ||||||
14 | (a) Before a State facility may be closed, the State | ||||||
15 | executive branch officer with jurisdiction over the facility | ||||||
16 | shall file notice of the proposed closure with the Commission. | ||||||
17 | The notice must be filed within 2 days after the first public | ||||||
18 | announcement of any planned or proposed closure. Within 10 days | ||||||
19 | after it receives notice of the proposed closure, the | ||||||
20 | Commission, in its discretion, may require the State executive | ||||||
21 | branch officer with jurisdiction over the facility to file a | ||||||
22 | recommendation for the closure of the facility with the | ||||||
23 | Commission. In the case of a proposed closure of: (i) a prison, | ||||||
24 | youth center, work camp, or work release center operated by the |
| |||||||
| |||||||
1 | Department of Corrections; (ii) a school, mental health center, | ||||||
2 | or center for the developmentally disabled operated by the | ||||||
3 | Department of Human Services or the Department of Healthcare | ||||||
4 | and Family Services ; or (iii) a residential facility operated | ||||||
5 | by the Department of Veterans' Affairs, the Commission must | ||||||
6 | require the executive branch officers to file a recommendation | ||||||
7 | for closure. The recommendation must be filed within 30 days | ||||||
8 | after the Commission delivers the request for recommendation to | ||||||
9 | the State executive branch officer. The recommendation must | ||||||
10 | include, but is not limited to, the following: | ||||||
11 | (1) the location and identity of the State facility | ||||||
12 | proposed to be closed; | ||||||
13 | (2) the number of employees for which the State | ||||||
14 | facility is the primary stationary work location and the | ||||||
15 | effect of the closure of the facility on those employees; | ||||||
16 | (3) the location or locations to which the functions | ||||||
17 | and employees of the State facility would be moved; | ||||||
18 | (4) the availability and condition of land and | ||||||
19 | facilities at both the existing location and any potential | ||||||
20 | locations; | ||||||
21 | (5) the ability to accommodate the functions and | ||||||
22 | employees at the existing and at any potential locations; | ||||||
23 | (6) the cost of operations of the State facility and at | ||||||
24 | any potential locations and any other related budgetary | ||||||
25 | impacts; | ||||||
26 | (7) the economic impact on existing communities in the |
| |||||||
| |||||||
1 | vicinity of the State facility and any potential facility; | ||||||
2 | (8) the ability of the existing and any potential | ||||||
3 | community's infrastructure to support the functions and | ||||||
4 | employees; | ||||||
5 | (9) the impact on State services delivered at the | ||||||
6 | existing location, in direct relation to the State services | ||||||
7 | expected to be delivered at any potential locations; and | ||||||
8 | (10) the environmental impact, including the impact of | ||||||
9 | costs related to potential environmental restoration, | ||||||
10 | waste management, and environmental compliance activities. | ||||||
11 | (b) If a recommendation is required by the Commission, a | ||||||
12 | 30-day public comment period must follow the filing of the | ||||||
13 | recommendation. The Commission, in its discretion, may conduct | ||||||
14 | one or more public hearings on the recommendation. In the case | ||||||
15 | of a proposed closure of: (i) a prison, youth center, work | ||||||
16 | camp, or work release center operated by the Department of | ||||||
17 | Corrections; (ii) a school, mental health center, or center for | ||||||
18 | the developmentally disabled operated by the Department of | ||||||
19 | Human Services or the Department of Healthcare and Family | ||||||
20 | Services ; or (iii) a residential facility operated by the | ||||||
21 | Department of Veterans' Affairs, the Commission must conduct | ||||||
22 | one or more public hearings on the recommendation. Public | ||||||
23 | hearings conducted by the Commission shall be conducted no | ||||||
24 | later than 35 days after the filing of the recommendation. At | ||||||
25 | least one of the public hearings on the recommendation shall be | ||||||
26 | held at a convenient location within 25 miles of the facility |
| |||||||
| |||||||
1 | for which closure is recommended. The Commission shall provide | ||||||
2 | reasonable notice of the comment period and of any public | ||||||
3 | hearings to the public and to units of local government and | ||||||
4 | school districts that are located within 25 miles of the | ||||||
5 | facility. | ||||||
6 | (c) Within 50 days after the State executive branch officer | ||||||
7 | files the required recommendation, the Commission shall issue | ||||||
8 | an advisory opinion on that recommendation. The Commission | ||||||
9 | shall file the advisory opinion with the appropriate State | ||||||
10 | executive branch officer, the Governor, the General Assembly, | ||||||
11 | and the Index Department of the Office of the Secretary of | ||||||
12 | State and shall make copies of the advisory opinion available | ||||||
13 | to the public upon request. | ||||||
14 | (d) No action may be taken to implement the recommendation | ||||||
15 | for closure of a State facility until 50 days after the filing | ||||||
16 | of any required recommendation. | ||||||
17 | (e) The requirements of this Section do not apply if all of | ||||||
18 | the functions and employees of a State facility are relocated | ||||||
19 | to another State facility that is within 10 miles of the closed | ||||||
20 | facility.
| ||||||
21 | (Source: P.A. 93-839, eff. 7-30-04; 94-688, eff. 1-1-06.)
| ||||||
22 | Section 990. The Illinois Pension Code is amended by | ||||||
23 | changing Section 14-110 as follows:
| ||||||
24 | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
|
| |||||||
| |||||||
1 | Sec. 14-110. Alternative retirement annuity.
| ||||||
2 | (a) Any member who has withdrawn from service with not less | ||||||
3 | than 20
years of eligible creditable service and has attained | ||||||
4 | age 55, and any
member who has withdrawn from service with not | ||||||
5 | less than 25 years of
eligible creditable service and has | ||||||
6 | attained age 50, regardless of whether
the attainment of either | ||||||
7 | of the specified ages occurs while the member is
still in | ||||||
8 | service, shall be entitled to receive at the option of the | ||||||
9 | member,
in lieu of the regular or minimum retirement annuity, a | ||||||
10 | retirement annuity
computed as follows:
| ||||||
11 | (i) for periods of service as a noncovered employee:
if | ||||||
12 | retirement occurs on or after January 1, 2001, 3% of final
| ||||||
13 | average compensation for each year of creditable service; | ||||||
14 | if retirement occurs
before January 1, 2001, 2 1/4% of | ||||||
15 | final average compensation for each of the
first 10 years | ||||||
16 | of creditable service, 2 1/2% for each year above 10 years | ||||||
17 | to
and including 20 years of creditable service, and 2 3/4% | ||||||
18 | for each year of
creditable service above 20 years; and
| ||||||
19 | (ii) for periods of eligible creditable service as a | ||||||
20 | covered employee:
if retirement occurs on or after January | ||||||
21 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
22 | of creditable service; if retirement occurs before
January | ||||||
23 | 1, 2001, 1.67% of final average compensation for each of | ||||||
24 | the first
10 years of such service, 1.90% for each of the | ||||||
25 | next 10 years of such service,
2.10% for each year of such | ||||||
26 | service in excess of 20 but not exceeding 30, and
2.30% for |
| |||||||
| |||||||
1 | each year in excess of 30.
| ||||||
2 | Such annuity shall be subject to a maximum of 75% of final | ||||||
3 | average
compensation if retirement occurs before January 1, | ||||||
4 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
5 | retirement occurs on or after January
1, 2001.
| ||||||
6 | These rates shall not be applicable to any service | ||||||
7 | performed
by a member as a covered employee which is not | ||||||
8 | eligible creditable service.
Service as a covered employee | ||||||
9 | which is not eligible creditable service
shall be subject to | ||||||
10 | the rates and provisions of Section 14-108.
| ||||||
11 | (b) For the purpose of this Section, "eligible creditable | ||||||
12 | service" means
creditable service resulting from service in one | ||||||
13 | or more of the following
positions:
| ||||||
14 | (1) State policeman;
| ||||||
15 | (2) fire fighter in the fire protection service of a | ||||||
16 | department;
| ||||||
17 | (3) air pilot;
| ||||||
18 | (4) special agent;
| ||||||
19 | (5) investigator for the Secretary of State;
| ||||||
20 | (6) conservation police officer;
| ||||||
21 | (7) investigator for the Department of Revenue or the | ||||||
22 | Illinois Gaming Board;
| ||||||
23 | (8) security employee of the Department of Human | ||||||
24 | Services or the Department of Healthcare and Family | ||||||
25 | Services ;
| ||||||
26 | (9) Central Management Services security police |
| |||||||
| |||||||
1 | officer;
| ||||||
2 | (10) security employee of the Department of | ||||||
3 | Corrections or the Department of Juvenile Justice;
| ||||||
4 | (11) dangerous drugs investigator;
| ||||||
5 | (12) investigator for the Department of State Police;
| ||||||
6 | (13) investigator for the Office of the Attorney | ||||||
7 | General;
| ||||||
8 | (14) controlled substance inspector;
| ||||||
9 | (15) investigator for the Office of the State's | ||||||
10 | Attorneys Appellate
Prosecutor;
| ||||||
11 | (16) Commerce Commission police officer;
| ||||||
12 | (17) arson investigator;
| ||||||
13 | (18) State highway maintenance worker.
| ||||||
14 | A person employed in one of the positions specified in this | ||||||
15 | subsection is
entitled to eligible creditable service for | ||||||
16 | service credit earned under this
Article while undergoing the | ||||||
17 | basic police training course approved by the
Illinois Law | ||||||
18 | Enforcement Training
Standards Board, if
completion of that | ||||||
19 | training is required of persons serving in that position.
For | ||||||
20 | the purposes of this Code, service during the required basic | ||||||
21 | police
training course shall be deemed performance of the | ||||||
22 | duties of the specified
position, even though the person is not | ||||||
23 | a sworn peace officer at the time of
the training.
| ||||||
24 | (c) For the purposes of this Section:
| ||||||
25 | (1) The term "state policeman" includes any title or | ||||||
26 | position
in the Department of State Police that is held by |
| |||||||
| |||||||
1 | an individual employed
under the State Police Act.
| ||||||
2 | (2) The term "fire fighter in the fire protection | ||||||
3 | service of a
department" includes all officers in such fire | ||||||
4 | protection service
including fire chiefs and assistant | ||||||
5 | fire chiefs.
| ||||||
6 | (3) The term "air pilot" includes any employee whose | ||||||
7 | official job
description on file in the Department of | ||||||
8 | Central Management Services, or
in the department by which | ||||||
9 | he is employed if that department is not covered
by the | ||||||
10 | Personnel Code, states that his principal duty is the | ||||||
11 | operation of
aircraft, and who possesses a pilot's license; | ||||||
12 | however, the change in this
definition made by this | ||||||
13 | amendatory Act of 1983 shall not operate to exclude
any | ||||||
14 | noncovered employee who was an "air pilot" for the purposes | ||||||
15 | of this
Section on January 1, 1984.
| ||||||
16 | (4) The term "special agent" means any person who by | ||||||
17 | reason of
employment by the Division of Narcotic Control, | ||||||
18 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
19 | Division of Criminal Investigation, the
Division of | ||||||
20 | Internal Investigation, the Division of Operations, or any
| ||||||
21 | other Division or organizational
entity in the Department | ||||||
22 | of State Police is vested by law with duties to
maintain | ||||||
23 | public order, investigate violations of the criminal law of | ||||||
24 | this
State, enforce the laws of this State, make arrests | ||||||
25 | and recover property.
The term "special agent" includes any | ||||||
26 | title or position in the Department
of State Police that is |
| |||||||
| |||||||
1 | held by an individual employed under the State
Police Act.
| ||||||
2 | (5) The term "investigator for the Secretary of State" | ||||||
3 | means any person
employed by the Office of the Secretary of | ||||||
4 | State and vested with such
investigative duties as render | ||||||
5 | him ineligible for coverage under the Social
Security Act | ||||||
6 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
7 | 218(l)(1)
of that Act.
| ||||||
8 | A person who became employed as an investigator for the | ||||||
9 | Secretary of
State between January 1, 1967 and December 31, | ||||||
10 | 1975, and who has served as
such until attainment of age | ||||||
11 | 60, either continuously or with a single break
in service | ||||||
12 | of not more than 3 years duration, which break terminated | ||||||
13 | before
January 1, 1976, shall be entitled to have his | ||||||
14 | retirement annuity
calculated in accordance with | ||||||
15 | subsection (a), notwithstanding
that he has less than 20 | ||||||
16 | years of credit for such service.
| ||||||
17 | (6) The term "Conservation Police Officer" means any | ||||||
18 | person employed
by the Division of Law Enforcement of the | ||||||
19 | Department of Natural Resources and
vested with such law | ||||||
20 | enforcement duties as render him ineligible for coverage
| ||||||
21 | under the Social Security Act by reason of Sections | ||||||
22 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
23 | term "Conservation Police Officer" includes
the positions | ||||||
24 | of Chief Conservation Police Administrator and Assistant
| ||||||
25 | Conservation Police Administrator.
| ||||||
26 | (7) The term "investigator for the Department of |
| |||||||
| |||||||
1 | Revenue" means any
person employed by the Department of | ||||||
2 | Revenue and vested with such
investigative duties as render | ||||||
3 | him ineligible for coverage under the Social
Security Act | ||||||
4 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
5 | 218(l)(1)
of that Act.
| ||||||
6 | The term "investigator for the Illinois Gaming Board" | ||||||
7 | means any
person employed as such by the Illinois Gaming | ||||||
8 | Board and vested with such
peace officer duties as render | ||||||
9 | the person ineligible for coverage under the Social
| ||||||
10 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
11 | 218(d)(8)(D), and 218(l)(1)
of that Act.
| ||||||
12 | (8) The term "security employee of the Department of | ||||||
13 | Human Services or the Department of Healthcare and Family | ||||||
14 | Services "
means any person employed by the Department of | ||||||
15 | Human Services (before January 1, 2011) or the Department | ||||||
16 | of Healthcare and Family Services (on or after January 1, | ||||||
17 | 2011) who (i) is
employed at the Chester Mental Health | ||||||
18 | Center and has daily contact with the
residents thereof, | ||||||
19 | (ii) is employed within a security unit at a facility
| ||||||
20 | operated by the Department and has daily contact with the | ||||||
21 | residents of the
security unit, (iii) is employed at a | ||||||
22 | facility operated by the Department
that includes a | ||||||
23 | security unit and is regularly scheduled to work at least
| ||||||
24 | 50% of his or her working hours within that security unit, | ||||||
25 | or (iv) is a mental health police officer.
"Mental health | ||||||
26 | police officer" means any person employed by the Department |
| |||||||
| |||||||
1 | of
Human Services (before January 1, 2011) or the | ||||||
2 | Department of Healthcare and Family Services (on or after | ||||||
3 | January 1, 2011) in a position pertaining to the | ||||||
4 | Department's mental health and
developmental disabilities | ||||||
5 | functions who is vested with such law enforcement
duties as | ||||||
6 | render the person ineligible for coverage under the Social | ||||||
7 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
8 | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | ||||||
9 | means that portion of a facility that is devoted to
the | ||||||
10 | care, containment, and treatment of persons committed to | ||||||
11 | the Department of
Human Services or the Department of | ||||||
12 | Healthcare and Family Services as sexually violent | ||||||
13 | persons, persons unfit to stand trial, or
persons not | ||||||
14 | guilty by reason of insanity. With respect to past | ||||||
15 | employment,
references to the Department of Human Services | ||||||
16 | or the Department of Healthcare and Family Services include | ||||||
17 | their its predecessor, the
Department of Mental Health and | ||||||
18 | Developmental Disabilities.
| ||||||
19 | The changes made to this subdivision (c)(8) by Public | ||||||
20 | Act 92-14 apply to persons who retire on or after January | ||||||
21 | 1,
2001, notwithstanding Section 1-103.1.
| ||||||
22 | (9) "Central Management Services security police | ||||||
23 | officer" means any
person employed by the Department of | ||||||
24 | Central Management Services who is
vested with such law | ||||||
25 | enforcement duties as render him ineligible for
coverage | ||||||
26 | under the Social Security Act by reason of Sections |
| |||||||
| |||||||
1 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||||||
2 | (10) For a member who first became an employee under | ||||||
3 | this Article before July 1, 2005, the term "security | ||||||
4 | employee of the Department of Corrections or the Department | ||||||
5 | of Juvenile Justice"
means any employee of the Department | ||||||
6 | of Corrections or the Department of Juvenile Justice or the | ||||||
7 | former
Department of Personnel, and any member or employee | ||||||
8 | of the Prisoner
Review Board, who has daily contact with | ||||||
9 | inmates or youth by working within a
correctional facility | ||||||
10 | or Juvenile facility operated by the Department of Juvenile | ||||||
11 | Justice or who is a parole officer or an employee who has
| ||||||
12 | direct contact with committed persons in the performance of | ||||||
13 | his or her
job duties. For a member who first becomes an | ||||||
14 | employee under this Article on or after July 1, 2005, the | ||||||
15 | term means an employee of the Department of Corrections or | ||||||
16 | the Department of Juvenile Justice who is any of the | ||||||
17 | following: (i) officially headquartered at a correctional | ||||||
18 | facility or Juvenile facility operated by the Department of | ||||||
19 | Juvenile Justice, (ii) a parole officer, (iii) a member of | ||||||
20 | the apprehension unit, (iv) a member of the intelligence | ||||||
21 | unit, (v) a member of the sort team, or (vi) an | ||||||
22 | investigator.
| ||||||
23 | (11) The term "dangerous drugs investigator" means any | ||||||
24 | person who is
employed as such by the Department of Human | ||||||
25 | Services or the Department of Healthcare and Family | ||||||
26 | Services .
|
| |||||||
| |||||||
1 | (12) The term "investigator for the Department of State | ||||||
2 | Police" means
a person employed by the Department of State | ||||||
3 | Police who is vested under
Section 4 of the Narcotic | ||||||
4 | Control Division Abolition Act with such
law enforcement | ||||||
5 | powers as render him ineligible for coverage under the
| ||||||
6 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
7 | 218(d)(8)(D) and
218(l)(1) of that Act.
| ||||||
8 | (13) "Investigator for the Office of the Attorney | ||||||
9 | General" means any
person who is employed as such by the | ||||||
10 | Office of the Attorney General and
is vested with such | ||||||
11 | investigative duties as render him ineligible for
coverage | ||||||
12 | under the Social Security Act by reason of Sections | ||||||
13 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||||||
14 | the period before January 1,
1989, the term includes all | ||||||
15 | persons who were employed as investigators by the
Office of | ||||||
16 | the Attorney General, without regard to social security | ||||||
17 | status.
| ||||||
18 | (14) "Controlled substance inspector" means any person | ||||||
19 | who is employed
as such by the Department of Professional | ||||||
20 | Regulation and is vested with such
law enforcement duties | ||||||
21 | as render him ineligible for coverage under the Social
| ||||||
22 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
23 | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | ||||||
24 | "controlled substance inspector" includes the Program
| ||||||
25 | Executive of Enforcement and the Assistant Program | ||||||
26 | Executive of Enforcement.
|
| |||||||
| |||||||
1 | (15) The term "investigator for the Office of the | ||||||
2 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
3 | employed in that capacity on a full
time basis under the | ||||||
4 | authority of Section 7.06 of the State's Attorneys
| ||||||
5 | Appellate Prosecutor's Act.
| ||||||
6 | (16) "Commerce Commission police officer" means any | ||||||
7 | person employed
by the Illinois Commerce Commission who is | ||||||
8 | vested with such law
enforcement duties as render him | ||||||
9 | ineligible for coverage under the Social
Security Act by | ||||||
10 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||||||
11 | 218(l)(1) of that Act.
| ||||||
12 | (17) "Arson investigator" means any person who is | ||||||
13 | employed as such by
the Office of the State Fire Marshal | ||||||
14 | and is vested with such law enforcement
duties as render | ||||||
15 | the person ineligible for coverage under the Social | ||||||
16 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
17 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
18 | employed as an arson
investigator on January 1, 1995 and is | ||||||
19 | no longer in service but not yet
receiving a retirement | ||||||
20 | annuity may convert his or her creditable service for
| ||||||
21 | employment as an arson investigator into eligible | ||||||
22 | creditable service by paying
to the System the difference | ||||||
23 | between the employee contributions actually paid
for that | ||||||
24 | service and the amounts that would have been contributed if | ||||||
25 | the
applicant were contributing at the rate applicable to | ||||||
26 | persons with the same
social security status earning |
| |||||||
| |||||||
1 | eligible creditable service on the date of
application.
| ||||||
2 | (18) The term "State highway maintenance worker" means | ||||||
3 | a person who is
either of the following:
| ||||||
4 | (i) A person employed on a full-time basis by the | ||||||
5 | Illinois
Department of Transportation in the position | ||||||
6 | of
highway maintainer,
highway maintenance lead | ||||||
7 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
8 | construction equipment operator,
power shovel | ||||||
9 | operator, or
bridge mechanic; and
whose principal | ||||||
10 | responsibility is to perform, on the roadway, the | ||||||
11 | actual
maintenance necessary to keep the highways that | ||||||
12 | form a part of the State
highway system in serviceable | ||||||
13 | condition for vehicular traffic.
| ||||||
14 | (ii) A person employed on a full-time basis by the | ||||||
15 | Illinois
State Toll Highway Authority in the position | ||||||
16 | of
equipment operator/laborer H-4,
equipment | ||||||
17 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
18 | mechanical/electrical H-4,
mechanical/electrical H-6,
| ||||||
19 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
20 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
21 | roadway lighting H-6,
structural H-4,
structural H-6,
| ||||||
22 | painter H-4, or
painter H-6; and
whose principal | ||||||
23 | responsibility is to perform, on the roadway, the | ||||||
24 | actual
maintenance necessary to keep the Authority's | ||||||
25 | tollways in serviceable condition
for vehicular | ||||||
26 | traffic.
|
| |||||||
| |||||||
1 | (d) A security employee of the Department of Corrections or | ||||||
2 | the Department of Juvenile Justice, and a security
employee of | ||||||
3 | the Department of Human Services or the Department of | ||||||
4 | Healthcare and Family Services who is not a mental health | ||||||
5 | police
officer, shall not be eligible for the alternative | ||||||
6 | retirement annuity provided
by this Section unless he or she | ||||||
7 | meets the following minimum age and service
requirements at the | ||||||
8 | time of retirement:
| ||||||
9 | (i) 25 years of eligible creditable service and age 55; | ||||||
10 | or
| ||||||
11 | (ii) beginning January 1, 1987, 25 years of eligible | ||||||
12 | creditable service
and age 54, or 24 years of eligible | ||||||
13 | creditable service and age 55; or
| ||||||
14 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
15 | creditable service
and age 53, or 23 years of eligible | ||||||
16 | creditable service and age 55; or
| ||||||
17 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
18 | creditable service
and age 52, or 22 years of eligible | ||||||
19 | creditable service and age 55; or
| ||||||
20 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
21 | creditable service
and age 51, or 21 years of eligible | ||||||
22 | creditable service and age 55; or
| ||||||
23 | (vi) beginning January 1, 1991, 25 years of eligible | ||||||
24 | creditable service
and age 50, or 20 years of eligible | ||||||
25 | creditable service and age 55.
| ||||||
26 | Persons who have service credit under Article 16 of this |
| |||||||
| |||||||
1 | Code for service
as a security employee of the Department of | ||||||
2 | Corrections or the Department of Juvenile Justice, the | ||||||
3 | Department of Healthcare and Family Services, or the Department
| ||||||
4 | of Human Services in a position requiring certification as a | ||||||
5 | teacher may
count such service toward establishing their | ||||||
6 | eligibility under the service
requirements of this Section; but | ||||||
7 | such service may be used only for
establishing such | ||||||
8 | eligibility, and not for the purpose of increasing or
| ||||||
9 | calculating any benefit.
| ||||||
10 | (e) If a member enters military service while working in a | ||||||
11 | position in
which eligible creditable service may be earned, | ||||||
12 | and returns to State
service in the same or another such | ||||||
13 | position, and fulfills in all other
respects the conditions | ||||||
14 | prescribed in this Article for credit for military
service, | ||||||
15 | such military service shall be credited as eligible creditable
| ||||||
16 | service for the purposes of the retirement annuity prescribed | ||||||
17 | in this Section.
| ||||||
18 | (f) For purposes of calculating retirement annuities under | ||||||
19 | this
Section, periods of service rendered after December 31, | ||||||
20 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
21 | position of special agent,
conservation police officer, mental | ||||||
22 | health police officer, or investigator
for the Secretary of | ||||||
23 | State, shall be deemed to have been service as a
noncovered | ||||||
24 | employee, provided that the employee pays to the System prior | ||||||
25 | to
retirement an amount equal to (1) the difference between the | ||||||
26 | employee
contributions that would have been required for such |
| |||||||
| |||||||
1 | service as a
noncovered employee, and the amount of employee | ||||||
2 | contributions actually
paid, plus (2) if payment is made after | ||||||
3 | July 31, 1987, regular interest
on the amount specified in item | ||||||
4 | (1) from the date of service to the date
of payment.
| ||||||
5 | For purposes of calculating retirement annuities under | ||||||
6 | this Section,
periods of service rendered after December 31, | ||||||
7 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
8 | position of investigator for the
Department of Revenue shall be | ||||||
9 | deemed to have been service as a noncovered
employee, provided | ||||||
10 | that the employee pays to the System prior to retirement
an | ||||||
11 | amount equal to (1) the difference between the employee | ||||||
12 | contributions
that would have been required for such service as | ||||||
13 | a noncovered employee,
and the amount of employee contributions | ||||||
14 | actually paid, plus (2) if payment
is made after January 1, | ||||||
15 | 1990, regular interest on the amount specified in
item (1) from | ||||||
16 | the date of service to the date of payment.
| ||||||
17 | (g) A State policeman may elect, not later than January 1, | ||||||
18 | 1990, to
establish eligible creditable service for up to 10 | ||||||
19 | years of his service as
a policeman under Article 3, by filing | ||||||
20 | a written election with the Board,
accompanied by payment of an | ||||||
21 | amount to be determined by the Board, equal to
(i) the | ||||||
22 | difference between the amount of employee and employer
| ||||||
23 | contributions transferred to the System under Section 3-110.5, | ||||||
24 | and the
amounts that would have been contributed had such | ||||||
25 | contributions been made
at the rates applicable to State | ||||||
26 | policemen, plus (ii) interest thereon at
the effective rate for |
| |||||||
| |||||||
1 | each year, compounded annually, from the date of
service to the | ||||||
2 | date of payment.
| ||||||
3 | Subject to the limitation in subsection (i), a State | ||||||
4 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
5 | eligible creditable service for
up to 10 years of his service | ||||||
6 | as a member of the County Police Department
under Article 9, by | ||||||
7 | filing a written election with the Board, accompanied
by | ||||||
8 | payment of an amount to be determined by the Board, equal to | ||||||
9 | (i) the
difference between the amount of employee and employer | ||||||
10 | contributions
transferred to the System under Section 9-121.10 | ||||||
11 | and the amounts that would
have been contributed had those | ||||||
12 | contributions been made at the rates
applicable to State | ||||||
13 | policemen, plus (ii) interest thereon at the effective
rate for | ||||||
14 | each year, compounded annually, from the date of service to the
| ||||||
15 | date of payment.
| ||||||
16 | (h) Subject to the limitation in subsection (i), a State | ||||||
17 | policeman or
investigator for the Secretary of State may elect | ||||||
18 | to establish eligible
creditable service for up to 12 years of | ||||||
19 | his service as a policeman under
Article 5, by filing a written | ||||||
20 | election with the Board on or before January
31, 1992, and | ||||||
21 | paying to the System by January 31, 1994 an amount to be
| ||||||
22 | determined by the Board, equal to (i) the difference between | ||||||
23 | the amount of
employee and employer contributions transferred | ||||||
24 | to the System under Section
5-236, and the amounts that would | ||||||
25 | have been contributed had such
contributions been made at the | ||||||
26 | rates applicable to State policemen, plus
(ii) interest thereon |
| |||||||
| |||||||
1 | at the effective rate for each year, compounded
annually, from | ||||||
2 | the date of service to the date of payment.
| ||||||
3 | Subject to the limitation in subsection (i), a State | ||||||
4 | policeman,
conservation police officer, or investigator for | ||||||
5 | the Secretary of State may
elect to establish eligible | ||||||
6 | creditable service for up to 10 years of
service as a sheriff's | ||||||
7 | law enforcement employee under Article 7, by filing
a written | ||||||
8 | election with the Board on or before January 31, 1993, and | ||||||
9 | paying
to the System by January 31, 1994 an amount to be | ||||||
10 | determined by the Board,
equal to (i) the difference between | ||||||
11 | the amount of employee and
employer contributions transferred | ||||||
12 | to the System under Section
7-139.7, and the amounts that would | ||||||
13 | have been contributed had such
contributions been made at the | ||||||
14 | rates applicable to State policemen, plus
(ii) interest thereon | ||||||
15 | at the effective rate for each year, compounded
annually, from | ||||||
16 | the date of service to the date of payment.
| ||||||
17 | Subject to the limitation in subsection (i), a State | ||||||
18 | policeman,
conservation police officer, or investigator for | ||||||
19 | the Secretary of State may
elect to establish eligible | ||||||
20 | creditable service for up to 5 years of
service as a police | ||||||
21 | officer under Article 3, a policeman under Article 5, a | ||||||
22 | sheriff's law enforcement employee under Article 7, a member of | ||||||
23 | the county police department under Article 9, or a police | ||||||
24 | officer under Article 15 by filing
a written election with the | ||||||
25 | Board and paying
to the System an amount to be determined by | ||||||
26 | the Board,
equal to (i) the difference between the amount of |
| |||||||
| |||||||
1 | employee and
employer contributions transferred to the System | ||||||
2 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
3 | and the amounts that would have been contributed had such
| ||||||
4 | contributions been made at the rates applicable to State | ||||||
5 | policemen, plus
(ii) interest thereon at the effective rate for | ||||||
6 | each year, compounded
annually, from the date of service to the | ||||||
7 | date of payment. | ||||||
8 | Subject to the limitation in subsection (i), an | ||||||
9 | investigator for the Office of the Attorney General, or an | ||||||
10 | investigator for the Department of Revenue, may elect to | ||||||
11 | establish eligible creditable service for up to 5 years of | ||||||
12 | service as a police officer under Article 3, a policeman under | ||||||
13 | Article 5, a sheriff's law enforcement employee under Article | ||||||
14 | 7, or a member of the county police department under Article 9 | ||||||
15 | by filing a written election with the Board within 6 months | ||||||
16 | after August 25, 2009 ( the effective date of Public Act 96-745) | ||||||
17 | this amendatory Act of the 96th General Assembly and paying to | ||||||
18 | the System an amount to be determined by the Board, equal to | ||||||
19 | (i) the difference between the amount of employee and employer | ||||||
20 | contributions transferred to the System under Section 3-110.6, | ||||||
21 | 5-236, 7-139.8, or 9-121.10 and the amounts that would have | ||||||
22 | been contributed had such contributions been made at the rates | ||||||
23 | applicable to State policemen, plus (ii) interest thereon at | ||||||
24 | the actuarially assumed rate for each year, compounded | ||||||
25 | annually, from the date of service to the date of payment. | ||||||
26 | Subject to the limitation in subsection (i), a State |
| |||||||
| |||||||
1 | policeman, conservation police officer, investigator for the | ||||||
2 | Office of the Attorney General, an investigator for the | ||||||
3 | Department of Revenue, or investigator for the Secretary of | ||||||
4 | State may elect to establish eligible creditable service for up | ||||||
5 | to 5 years of service as a person employed by a participating | ||||||
6 | municipality to perform police duties, or law enforcement | ||||||
7 | officer employed on a full-time basis by a forest preserve | ||||||
8 | district under Article 7, a county corrections officer, or a | ||||||
9 | court services officer under Article 9, by filing a written | ||||||
10 | election with the Board within 6 months after August 25, 2009 | ||||||
11 | ( the effective date of Public Act 96-745) this amendatory Act | ||||||
12 | of the 96th General Assembly and paying to the System an amount | ||||||
13 | to be determined by the Board, equal to (i) the difference | ||||||
14 | between the amount of employee and employer contributions | ||||||
15 | transferred to the System under Sections 7-139.8 and 9-121.10 | ||||||
16 | and the amounts that would have been contributed had such | ||||||
17 | contributions been made at the rates applicable to State | ||||||
18 | policemen, plus (ii) interest thereon at the actuarially | ||||||
19 | assumed rate for each year, compounded annually, from the date | ||||||
20 | of service to the date of payment. | ||||||
21 | (i) The total amount of eligible creditable service | ||||||
22 | established by any
person under subsections (g), (h), (j), (k), | ||||||
23 | and (l) of this
Section shall not exceed 12 years.
| ||||||
24 | (j) Subject to the limitation in subsection (i), an | ||||||
25 | investigator for
the Office of the State's Attorneys Appellate | ||||||
26 | Prosecutor or a controlled
substance inspector may elect to
|
| |||||||
| |||||||
1 | establish eligible creditable service for up to 10 years of his | ||||||
2 | service as
a policeman under Article 3 or a sheriff's law | ||||||
3 | enforcement employee under
Article 7, by filing a written | ||||||
4 | election with the Board, accompanied by
payment of an amount to | ||||||
5 | be determined by the Board, equal to (1) the
difference between | ||||||
6 | the amount of employee and employer contributions
transferred | ||||||
7 | to the System under Section 3-110.6 or 7-139.8, and the amounts
| ||||||
8 | that would have been contributed had such contributions been | ||||||
9 | made at the
rates applicable to State policemen, plus (2) | ||||||
10 | interest thereon at the
effective rate for each year, | ||||||
11 | compounded annually, from the date of service
to the date of | ||||||
12 | payment.
| ||||||
13 | (k) Subject to the limitation in subsection (i) of this | ||||||
14 | Section, an
alternative formula employee may elect to establish | ||||||
15 | eligible creditable
service for periods spent as a full-time | ||||||
16 | law enforcement officer or full-time
corrections officer | ||||||
17 | employed by the federal government or by a state or local
| ||||||
18 | government located outside of Illinois, for which credit is not | ||||||
19 | held in any
other public employee pension fund or retirement | ||||||
20 | system. To obtain this
credit, the applicant must file a | ||||||
21 | written application with the Board by March
31, 1998, | ||||||
22 | accompanied by evidence of eligibility acceptable to the Board | ||||||
23 | and
payment of an amount to be determined by the Board, equal | ||||||
24 | to (1) employee
contributions for the credit being established, | ||||||
25 | based upon the applicant's
salary on the first day as an | ||||||
26 | alternative formula employee after the employment
for which |
| |||||||
| |||||||
1 | credit is being established and the rates then applicable to
| ||||||
2 | alternative formula employees, plus (2) an amount determined by | ||||||
3 | the Board
to be the employer's normal cost of the benefits | ||||||
4 | accrued for the credit being
established, plus (3) regular | ||||||
5 | interest on the amounts in items (1) and (2) from
the first day | ||||||
6 | as an alternative formula employee after the employment for | ||||||
7 | which
credit is being established to the date of payment.
| ||||||
8 | (l) Subject to the limitation in subsection (i), a security | ||||||
9 | employee of
the Department of Corrections may elect, not later | ||||||
10 | than July 1, 1998, to
establish eligible creditable service for | ||||||
11 | up to 10 years of his or her service
as a policeman under | ||||||
12 | Article 3, by filing a written election with the Board,
| ||||||
13 | accompanied by payment of an amount to be determined by the | ||||||
14 | Board, equal to
(i) the difference between the amount of | ||||||
15 | employee and employer contributions
transferred to the System | ||||||
16 | under Section 3-110.5, and the amounts that would
have been | ||||||
17 | contributed had such contributions been made at the rates | ||||||
18 | applicable
to security employees of the Department of | ||||||
19 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
20 | for each year, compounded annually, from the date
of service to | ||||||
21 | the date of payment.
| ||||||
22 | (m) The amendatory changes to this Section made by this | ||||||
23 | amendatory Act of the 94th General Assembly apply only to: (1) | ||||||
24 | security employees of the Department of Juvenile Justice | ||||||
25 | employed by the Department of Corrections before the effective | ||||||
26 | date of this amendatory Act of the 94th General Assembly and |
| |||||||
| |||||||
1 | transferred to the Department of Juvenile Justice by this | ||||||
2 | amendatory Act of the 94th General Assembly; and (2) persons | ||||||
3 | employed by the Department of Juvenile Justice on or after the | ||||||
4 | effective date of this amendatory Act of the 94th General | ||||||
5 | Assembly who are required by subsection (b) of Section 3-2.5-15 | ||||||
6 | of the Unified Code of Corrections to have a bachelor's or | ||||||
7 | advanced degree from an accredited college or university with a | ||||||
8 | specialization in criminal justice, education, psychology, | ||||||
9 | social work, or a closely related social science or, in the | ||||||
10 | case of persons who provide vocational training, who are | ||||||
11 | required to have adequate knowledge in the skill for which they | ||||||
12 | are providing the vocational training.
| ||||||
13 | (n) A person employed in a position under subsection (b) of | ||||||
14 | this Section who has purchased service credit under subsection | ||||||
15 | (j) of Section 14-104 or subsection (b) of Section 14-105 in | ||||||
16 | any other capacity under this Article may convert up to 5 years | ||||||
17 | of that service credit into service credit covered under this | ||||||
18 | Section by paying to the Fund an amount equal to (1) the | ||||||
19 | additional employee contribution required under Section | ||||||
20 | 14-133, plus (2) the additional employer contribution required | ||||||
21 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
22 | the actuarially assumed rate from the date of the service to | ||||||
23 | the date of payment. | ||||||
24 | (Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09; | ||||||
25 | 96-37, eff. 7-13-09; 96-745, eff. 8-25-09; revised 10-1-09.)
|
| |||||||
| |||||||
1 | Section 995. The Counties Code is amended by changing | ||||||
2 | Sections 3-3013, 4-2001, 5-25013, and 6-30002 as follows:
| ||||||
3 | (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
| ||||||
4 | Sec. 3-3013. Preliminary investigations; blood and urine | ||||||
5 | analysis;
summoning jury. Every coroner, whenever, as soon as | ||||||
6 | he knows or is
informed that the dead body of any person is | ||||||
7 | found, or lying within his
county, whose death is suspected of | ||||||
8 | being:
| ||||||
9 | (a) A sudden or violent death, whether apparently | ||||||
10 | suicidal,
homicidal or accidental, including but not | ||||||
11 | limited to deaths apparently
caused or contributed to by | ||||||
12 | thermal, traumatic, chemical, electrical or
radiational | ||||||
13 | injury, or a complication of any of them, or by drowning or
| ||||||
14 | suffocation, or as a result of domestic violence as defined | ||||||
15 | in the Illinois
Domestic
Violence Act of 1986;
| ||||||
16 | (b) A maternal or fetal death due to abortion, or any | ||||||
17 | death due to a
sex crime or a crime against nature;
| ||||||
18 | (c) A death where the circumstances are suspicious, | ||||||
19 | obscure,
mysterious or otherwise unexplained or where, in | ||||||
20 | the written opinion of
the attending physician, the cause | ||||||
21 | of death is not determined;
| ||||||
22 | (d) A death where addiction to alcohol or to any drug | ||||||
23 | may have been
a contributory cause; or
| ||||||
24 | (e) A death where the decedent was not attended by a | ||||||
25 | licensed
physician;
|
| |||||||
| |||||||
1 | shall go to the place where the dead body is, and take charge | ||||||
2 | of the
same and shall make a preliminary investigation into the | ||||||
3 | circumstances
of the death. In the case of death without | ||||||
4 | attendance by a licensed
physician the body may be moved with | ||||||
5 | the coroner's consent from the
place of death to a mortuary in | ||||||
6 | the same county. Coroners in their
discretion shall notify such | ||||||
7 | physician as is designated in accordance
with Section 3-3014 to | ||||||
8 | attempt to ascertain the cause of death, either by
autopsy or | ||||||
9 | otherwise.
| ||||||
10 | In cases of accidental death involving a motor vehicle in | ||||||
11 | which the
decedent was (1) the operator or a suspected operator | ||||||
12 | of a motor
vehicle, or (2) a pedestrian 16 years of age or | ||||||
13 | older, the coroner shall
require that a blood specimen of at | ||||||
14 | least 30 cc., and if medically
possible a urine specimen of at | ||||||
15 | least 30 cc. or as much as possible up
to 30 cc., be withdrawn | ||||||
16 | from the body of the decedent in a timely fashion after
the | ||||||
17 | accident causing his death, by such physician as has been | ||||||
18 | designated
in accordance with Section 3-3014, or by the coroner | ||||||
19 | or deputy coroner or
a qualified person designated by such | ||||||
20 | physician, coroner, or deputy coroner. If the county
does not | ||||||
21 | maintain laboratory facilities for making such analysis, the
| ||||||
22 | blood and urine so drawn shall be sent to the Department of | ||||||
23 | State Police or any other accredited or State-certified | ||||||
24 | laboratory
for analysis of the alcohol, carbon monoxide, and | ||||||
25 | dangerous or
narcotic drug content of such blood and urine | ||||||
26 | specimens. Each specimen
submitted shall be accompanied by |
| |||||||
| |||||||
1 | pertinent information concerning the
decedent upon a form | ||||||
2 | prescribed by such laboratory. Any
person drawing blood and | ||||||
3 | urine and any person making any examination of
the blood and | ||||||
4 | urine under the terms of this Division shall be immune from all
| ||||||
5 | liability, civil or criminal, that might otherwise be incurred | ||||||
6 | or
imposed.
| ||||||
7 | In all other cases coming within the jurisdiction of the | ||||||
8 | coroner and
referred to in subparagraphs (a) through (e) above, | ||||||
9 | blood, and whenever
possible, urine samples shall be analyzed | ||||||
10 | for the presence of alcohol
and other drugs. When the coroner | ||||||
11 | suspects that drugs may have been
involved in the death, either | ||||||
12 | directly or indirectly, a toxicological
examination shall be | ||||||
13 | performed which may include analyses of blood, urine,
bile, | ||||||
14 | gastric contents and other tissues. When the coroner suspects
a | ||||||
15 | death is due to toxic substances, other than drugs, the coroner | ||||||
16 | shall
consult with the toxicologist prior to collection of | ||||||
17 | samples. Information
submitted to the toxicologist shall | ||||||
18 | include information as to height,
weight, age, sex and race of | ||||||
19 | the decedent as well as medical history,
medications used by | ||||||
20 | and the manner of death of decedent.
| ||||||
21 | When the coroner or medical examiner finds that the cause | ||||||
22 | of death is due to homicidal means, the coroner or medical | ||||||
23 | examiner shall cause blood and buccal specimens (tissue may be | ||||||
24 | submitted if no uncontaminated blood or buccal specimen can be | ||||||
25 | obtained), whenever possible, to be withdrawn from the body of | ||||||
26 | the decedent in a timely fashion. Within 45 days after the |
| |||||||
| |||||||
1 | collection of the specimens, the coroner or medical examiner | ||||||
2 | shall deliver those specimens, dried, to the Illinois | ||||||
3 | Department of State Police, Division of Forensic Services, for | ||||||
4 | analysis and categorizing into genetic marker groupings to be | ||||||
5 | maintained by the Illinois Department of State Police in the | ||||||
6 | State central repository in the same manner, and subject to the | ||||||
7 | same conditions, as provided in Section 5-4-3 of the Unified | ||||||
8 | Code of Corrections. The requirements of this paragraph are in | ||||||
9 | addition to any other findings, specimens, or information that | ||||||
10 | the coroner or medical examiner is required to provide during | ||||||
11 | the conduct of a criminal investigation.
| ||||||
12 | In all counties, in cases of apparent
suicide, homicide, or | ||||||
13 | accidental death or in other cases, within the
discretion of | ||||||
14 | the coroner, the coroner may summon 8 persons of lawful age
| ||||||
15 | from those persons drawn for petit jurors in the county. The | ||||||
16 | summons shall
command these persons to present themselves | ||||||
17 | personally at such a place and
time as the coroner shall | ||||||
18 | determine, and may be in any form which the
coroner shall | ||||||
19 | determine and may incorporate any reasonable form of request
| ||||||
20 | for acknowledgement which the coroner deems practical and | ||||||
21 | provides a
reliable proof of service. The summons may be served | ||||||
22 | by first class mail.
From the 8 persons so summoned, the | ||||||
23 | coroner shall select 6 to serve as the
jury for the inquest. | ||||||
24 | Inquests may be continued from time
to time, as the coroner may | ||||||
25 | deem necessary. The 6 jurors selected in
a given case may view | ||||||
26 | the body of the deceased.
If at any continuation of an inquest |
| |||||||
| |||||||
1 | one or more of the original jurors
shall be unable to continue | ||||||
2 | to serve, the coroner shall fill the vacancy or
vacancies. A | ||||||
3 | juror serving pursuant to this paragraph shall receive
| ||||||
4 | compensation from the county at the same rate as the rate of | ||||||
5 | compensation
that is paid to petit or grand jurors in the | ||||||
6 | county. The coroner shall
furnish to each juror without fee at | ||||||
7 | the time of his discharge a
certificate of the number of days | ||||||
8 | in attendance at an inquest, and, upon
being presented with | ||||||
9 | such certificate, the county treasurer shall pay to
the juror | ||||||
10 | the sum provided for his services.
| ||||||
11 | In counties which have a jury commission, in cases of | ||||||
12 | apparent suicide or
homicide or of accidental death, the | ||||||
13 | coroner may conduct an inquest. The jury commission shall | ||||||
14 | provide
at least 8 jurors to the coroner, from whom the coroner | ||||||
15 | shall select any 6
to serve as the jury for the inquest. | ||||||
16 | Inquests may be continued from time
to time as the coroner may | ||||||
17 | deem necessary. The 6 jurors originally chosen
in a given case | ||||||
18 | may view the body of the deceased. If at any continuation
of an | ||||||
19 | inquest one or more of the 6 jurors originally chosen shall be | ||||||
20 | unable
to continue to serve, the coroner shall fill the vacancy | ||||||
21 | or vacancies. At
the coroner's discretion, additional jurors to | ||||||
22 | fill such vacancies shall be
supplied by the jury commission. A | ||||||
23 | juror serving pursuant to this
paragraph in such county shall | ||||||
24 | receive compensation from the county at the
same rate as the | ||||||
25 | rate of compensation that is paid to petit or grand jurors
in | ||||||
26 | the county.
|
| |||||||
| |||||||
1 | In addition, in every case in which domestic violence is | ||||||
2 | determined to be
a
contributing factor in a death, the coroner | ||||||
3 | shall report the death to the
Department of State Police.
| ||||||
4 | All deaths in State institutions and all deaths of wards of | ||||||
5 | the State in
private care facilities or in programs funded by | ||||||
6 | the Department of Human
Services or the Department of | ||||||
7 | Healthcare and Family Services under its powers relating to | ||||||
8 | mental health , and developmental
disabilities , or alcoholism | ||||||
9 | and substance
abuse or funded by the Department of Children and | ||||||
10 | Family Services shall
be reported to the coroner of the county | ||||||
11 | in which the facility is
located. If the coroner has reason to | ||||||
12 | believe that an investigation is
needed to determine whether | ||||||
13 | the death was caused by maltreatment or
negligent care of the | ||||||
14 | ward of the State, the coroner may conduct a
preliminary | ||||||
15 | investigation of the circumstances of such death as in cases of
| ||||||
16 | death under circumstances set forth in paragraphs (a) through | ||||||
17 | (e) of this
Section.
| ||||||
18 | (Source: P.A. 94-924, eff. 1-1-07; 95-484, eff. 6-1-08 .)
| ||||||
19 | (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
| ||||||
20 | Sec. 4-2001. State's attorney salaries.
| ||||||
21 | (a) There shall be allowed to the several state's attorneys | ||||||
22 | in this State,
except the state's attorney of Cook County, the | ||||||
23 | following annual salary:
| ||||||
24 | (1) Subject to paragraph (5), to each state's attorney | ||||||
25 | in counties
containing less than 10,000 inhabitants, |
| |||||||
| |||||||
1 | $40,500 until December 31, 1988,
$45,500 until June 30, | ||||||
2 | 1994, and $55,500 thereafter or as set by the
Compensation | ||||||
3 | Review Board, whichever is greater.
| ||||||
4 | (2) Subject to paragraph (5), to each state's attorney | ||||||
5 | in counties
containing 10,000 or more inhabitants but less | ||||||
6 | than 20,000 inhabitants,
$46,500 until December 31, 1988, | ||||||
7 | $61,500 until June 30, 1994, and $71,500
thereafter or as | ||||||
8 | set by the Compensation Review Board, whichever is greater.
| ||||||
9 | (3) Subject to paragraph (5),
to each state's attorney | ||||||
10 | in counties containing 20,000 or more
but less than 30,000 | ||||||
11 | inhabitants, $51,000 until December 31, 1988,
$65,000 | ||||||
12 | until June 30, 1994, and $75,000
thereafter or as set by | ||||||
13 | the Compensation Review Board, whichever is
greater.
| ||||||
14 | (4) To each state's attorney in counties of 30,000 or
| ||||||
15 | more inhabitants, $65,500 until December 31, 1988, $80,000 | ||||||
16 | until June 30,
1994, and $96,837 thereafter or as set by | ||||||
17 | the Compensation Review Board,
whichever is greater.
| ||||||
18 | (5) Effective December 1,
2000, to each state's | ||||||
19 | attorney in counties containing fewer than
30,000 | ||||||
20 | inhabitants, the same salary plus any cost of living | ||||||
21 | adjustments
as authorized by the Compensation Review Board | ||||||
22 | to take effect after
January 1, 1999, for state's attorneys | ||||||
23 | in counties containing 20,000
or more but fewer than 30,000 | ||||||
24 | inhabitants, or as set by the Compensation
Review Board | ||||||
25 | whichever is greater.
| ||||||
26 | The State shall furnish 66 2/3% of the total annual |
| |||||||
| |||||||
1 | compensation
to be paid to each state's attorney in Illinois | ||||||
2 | based on the salary in
effect on December 31, 1988, and 100%
of | ||||||
3 | the increases in salary taking effect after December 31, 1988.
| ||||||
4 | Said amounts furnished by the State shall be payable | ||||||
5 | monthly
from the state treasury to the county in which each | ||||||
6 | state's attorney is
elected.
| ||||||
7 | Each county shall be required to furnish 33 1/3% of the
| ||||||
8 | total annual compensation to be paid to each state's attorney | ||||||
9 | in Illinois
based on the salary in effect on December 31, 1988. | ||||||
10 | Within 90 days after the effective date of this amendatory | ||||||
11 | Act of the 96th General Assembly, the county board of any | ||||||
12 | county with a population between 15,000 and 50,000 by | ||||||
13 | resolution or ordinance may increase the amount of compensation | ||||||
14 | to be paid to each eligible state's attorney in their county in | ||||||
15 | the form of a longevity stipend which shall be added to and | ||||||
16 | become part of the salary of the state's attorney for that | ||||||
17 | year. To be eligible, the state's attorney must have served in | ||||||
18 | the elected position for at least 20 continuous years and elect | ||||||
19 | to participate in a program for an alternative annuity for | ||||||
20 | county officers and make the required additional optional | ||||||
21 | contributions as authorized by P.A. 90-32.
| ||||||
22 | (b) Effective December 1, 2000, no state's attorney may | ||||||
23 | engage in
the private practice of law. However, until November | ||||||
24 | 30, 2000,
(i) the state's attorneys in counties containing | ||||||
25 | fewer than 10,000 inhabitants
may engage in the practice of | ||||||
26 | law, and (ii) in any county between 10,000 and
30,000 |
| |||||||
| |||||||
1 | inhabitants or in any county containing 30,000 or more | ||||||
2 | inhabitants which
reached that population between 1970 and | ||||||
3 | December 31, 1981, the state's
attorney may declare his or her | ||||||
4 | intention to engage in the private practice of
law, and may do | ||||||
5 | so through no later than November 30, 2000, by filing a written
| ||||||
6 | declaration of intent to engage in the private practice of law | ||||||
7 | with the county
clerk. The declaration of intention shall be | ||||||
8 | irrevocable during the remainder
of the term of office. The | ||||||
9 | declaration shall be filed with the county clerk
within 30 days | ||||||
10 | of certification of election or appointment, or within 60 days
| ||||||
11 | of March 15, 1989, whichever is later. In that event the annual | ||||||
12 | salary of such
state's attorney shall be as follows:
| ||||||
13 | (1) In counties containing 10,000 or more inhabitants | ||||||
14 | but less than
20,000 inhabitants, $46,500 until December | ||||||
15 | 31, 1988, $51,500
until June 30, 1994, and $61,500 | ||||||
16 | thereafter or as set by the Compensation
Review Board, | ||||||
17 | whichever is greater.
The State shall furnish 100% of the | ||||||
18 | increases taking
effect after December 31, 1988.
| ||||||
19 | (2) In counties containing 20,000 or more inhabitants | ||||||
20 | but less than
30,000 inhabitants, and in counties | ||||||
21 | containing 30,000 or more inhabitants
which reached said | ||||||
22 | population between 1970 and December 31, 1981, $51,500
| ||||||
23 | until December 31, 1988, $56,000 until June 30, 1994, and | ||||||
24 | $65,000
thereafter or as set by the Compensation Review | ||||||
25 | Board, whichever is
greater. The State shall furnish 100% | ||||||
26 | of the
increases taking effect after December 31, 1988.
|
| |||||||
| |||||||
1 | (c) In counties where a state mental health institution, as | ||||||
2 | hereinafter
defined, is located, one assistant state's | ||||||
3 | attorney shall receive for his
services, payable monthly from | ||||||
4 | the state treasury to the county in which he
is appointed, the | ||||||
5 | following:
| ||||||
6 | (1) To each assistant state's attorney in counties | ||||||
7 | containing less than
10,000 inhabitants, the sum of $2,500 | ||||||
8 | per annum;
| ||||||
9 | (2) To each assistant state's attorney in counties | ||||||
10 | containing not less
than 10,000 inhabitants and not more | ||||||
11 | than 20,000 inhabitants, the sum of
$3,500 per annum;
| ||||||
12 | (3) To each assistant state's attorney in counties | ||||||
13 | containing not less
than 20,000 inhabitants and not more | ||||||
14 | than 30,000 inhabitants, the sum of
$4,000 per annum;
| ||||||
15 | (4) To each assistant state's attorney in counties | ||||||
16 | containing not less
than 30,000 inhabitants and not more | ||||||
17 | than 40,000 inhabitants, the sum of
$4,500 per annum;
| ||||||
18 | (5) To each assistant state's attorney in counties | ||||||
19 | containing not less
than 40,000 inhabitants and not more | ||||||
20 | than 70,000 inhabitants, the sum of
$5,000 per annum;
| ||||||
21 | (6) To each assistant state's attorney in counties | ||||||
22 | containing not less
than 70,000 inhabitants and not more | ||||||
23 | than 1,000,000 inhabitants, the sum
of $6,000 per annum.
| ||||||
24 | (d) The population of all counties for the purpose of | ||||||
25 | fixing salaries as
herein provided shall be based upon the last | ||||||
26 | Federal census immediately
previous to the appointment of an |
| |||||||
| |||||||
1 | assistant state's attorney in each county.
| ||||||
2 | (e) At the request of the county governing authority, in | ||||||
3 | counties where
one or more state correctional institutions, as | ||||||
4 | hereinafter defined, are
located, one or more assistant state's | ||||||
5 | attorneys shall receive for their
services, provided that such | ||||||
6 | services are performed in connection with the
state | ||||||
7 | correctional institution, payable monthly from the state | ||||||
8 | treasury to
the county in which they are appointed, the | ||||||
9 | following:
| ||||||
10 | (1) $22,000 for each assistant state's attorney in | ||||||
11 | counties with one
or more State correctional institutions | ||||||
12 | with a total average daily inmate
population in excess of | ||||||
13 | 2,000, on the basis of 2 assistant state's
attorneys when | ||||||
14 | the total average daily inmate population exceeds 2,000
but | ||||||
15 | is less than 4,000; and 3 assistant state's attorneys when | ||||||
16 | such
population exceeds 4,000; with reimbursement to be | ||||||
17 | based on actual services
rendered.
| ||||||
18 | (2) $15,000 per year for one assistant state's attorney | ||||||
19 | in counties
having one or more correctional institutions | ||||||
20 | with a total average daily
inmate population of between 750 | ||||||
21 | and 2,000 inmates, with reimbursement to
be based on actual | ||||||
22 | services rendered.
| ||||||
23 | (3) A maximum of $12,000 per year for one assistant | ||||||
24 | state's attorney
in counties having less than 750 inmates, | ||||||
25 | with reimbursement to be based on
actual services rendered.
| ||||||
26 | Upon application of the county governing authority and |
| |||||||
| |||||||
1 | certification of
the State's Attorney, the Director of | ||||||
2 | Corrections may, in his discretion
and subject to | ||||||
3 | appropriation, increase the amount of salary reimbursement
| ||||||
4 | to a county in the event special circumstances require the | ||||||
5 | county to incur
extraordinary salary expenditures as a | ||||||
6 | result of services performed in
connection with State | ||||||
7 | correctional institutions in that county.
| ||||||
8 | In determining whether or not to increase the amount of | ||||||
9 | salary
reimbursement, the Director shall consider, among other | ||||||
10 | matters:
| ||||||
11 | (1) the nature of the services rendered;
| ||||||
12 | (2) the results or dispositions obtained;
| ||||||
13 | (3) whether or not the county was required to employ | ||||||
14 | additional attorney
personnel as a direct result of the | ||||||
15 | services actually rendered in
connection with a particular | ||||||
16 | service to a State correctional institution.
| ||||||
17 | (f) In counties where a State senior institution of higher | ||||||
18 | education is
located, the assistant state's attorneys | ||||||
19 | specified by this Section shall
receive for their services, | ||||||
20 | payable monthly from the State treasury to
the county in which | ||||||
21 | appointed, the following:
| ||||||
22 | (1) $14,000 per year each for employment on a full time | ||||||
23 | basis for 2
assistant state's attorneys in counties having | ||||||
24 | a State university or
State universities with combined full | ||||||
25 | time enrollment of more than
15,000 students.
| ||||||
26 | (2) $7,200 per year for one assistant state's attorney |
| |||||||
| |||||||
1 | with no
limitation on other practice in counties having a | ||||||
2 | State university or
State universities with combined full | ||||||
3 | time enrollment of 10,000 to
15,000 students.
| ||||||
4 | (3) $4,000 per year for one assistant state's attorney | ||||||
5 | with no
limitation on other practice in counties having a | ||||||
6 | State university or
State universities with combined full | ||||||
7 | time enrollment of less than
10,000 students.
| ||||||
8 | Such salaries shall be paid to the state's attorney and the | ||||||
9 | assistant
state's attorney in equal monthly installments by | ||||||
10 | such county out of the
county treasury provided that the State | ||||||
11 | of Illinois shall reimburse each
county monthly from the state | ||||||
12 | treasury the amount of such salary. This
Section shall not | ||||||
13 | prevent the payment of such additional compensation to
the | ||||||
14 | state's attorney or assistant state's attorney of any county, | ||||||
15 | out of
the treasury of that county as may be provided by law.
| ||||||
16 | (g) For purposes of this Section, "State mental health | ||||||
17 | institution" means
any institution under the jurisdiction of | ||||||
18 | the Department of Human Services or the Department of | ||||||
19 | Healthcare and Family Services
that is listed in Section 4 of | ||||||
20 | the Mental Health and
Developmental Disabilities | ||||||
21 | Administrative Act.
| ||||||
22 | For purposes of this Section, "State correctional | ||||||
23 | institution" means
any facility of the Department of | ||||||
24 | Corrections including adult facilities,
juvenile facilities, | ||||||
25 | pre-release centers, community correction centers, and
work | ||||||
26 | camps.
|
| |||||||
| |||||||
1 | For purposes of this Section, "State university" means the | ||||||
2 | University
of Illinois, Southern Illinois University,
Chicago | ||||||
3 | State University, Eastern Illinois University, Governors State
| ||||||
4 | University, Illinois State University, Northeastern Illinois | ||||||
5 | University,
Northern Illinois University, Western Illinois | ||||||
6 | University, and any public
community college
which has | ||||||
7 | established a program of interinstitutional cooperation with | ||||||
8 | one
of the foregoing institutions whereby a student, after | ||||||
9 | earning an associate
degree from the community college, pursues | ||||||
10 | a course of study at the
community college campus leading to a | ||||||
11 | baccalaureate degree from the
foregoing institution (also | ||||||
12 | known as a "2 Plus 2" degree program).
| ||||||
13 | (h) A number of assistant state's attorneys shall be | ||||||
14 | appointed in each
county that chooses to participate, as | ||||||
15 | provided in this subsection,
for the prosecution of | ||||||
16 | alcohol-related traffic offenses. Each county shall
receive | ||||||
17 | monthly a subsidy for payment of the salaries and
benefits of | ||||||
18 | these
assistant state's attorneys from State funds | ||||||
19 | appropriated to the county for
that purpose. The amounts of | ||||||
20 | subsidies provided by this subsection shall be
adjusted for | ||||||
21 | inflation each July 1 using the Consumer Price Index of the | ||||||
22 | Bureau
of Labor Statistics of the U.S. Department of Labor.
| ||||||
23 | When a county chooses to participate in the subsidy program | ||||||
24 | described in this
subsection (h), the number of assistant | ||||||
25 | state's attorneys who are prosecuting
alcohol-related traffic | ||||||
26 | offenses must increase according to the subsidy
provided in |
| |||||||
| |||||||
1 | this subsection. These appointed assistant state's attorneys | ||||||
2 | shall
be in addition to any other assistant state's attorneys | ||||||
3 | assigned to those cases
on the effective date of this | ||||||
4 | amendatory Act of the 91st General Assembly, and
may not | ||||||
5 | replace those assistant state's attorneys. In counties where | ||||||
6 | the
state's attorney is the sole prosecutor, this subsidy shall | ||||||
7 | be used to provide
an assistant state's attorney to prosecute | ||||||
8 | alcohol-related traffic offenses
along with the state's | ||||||
9 | attorney. In counties where the state's attorney is the
sole | ||||||
10 | prosecutor, and in counties where a judge presides over cases | ||||||
11 | involving a
variety of misdemeanors, including alcohol-related | ||||||
12 | traffic matters, assistant
state's attorneys appointed and | ||||||
13 | subsidized by this subsection (h) may also
prosecute the | ||||||
14 | different misdemeanor cases at the direction of the state's
| ||||||
15 | attorney.
| ||||||
16 | Assistant state's attorneys shall be appointed under this | ||||||
17 | subsection in the
following number and counties shall receive | ||||||
18 | the following annual subsidies:
| ||||||
19 | (1) In counties with fewer than 30,000 inhabitants, one | ||||||
20 | at $35,000.
| ||||||
21 | (2) In counties with 30,000 or more but fewer than | ||||||
22 | 100,000
inhabitants, one at $45,000.
| ||||||
23 | (3) In counties with 100,000 or more but fewer than | ||||||
24 | 300,000 inhabitants,
2 at $45,000 each.
| ||||||
25 | (4) In counties, other than Cook County, with 300,000 | ||||||
26 | or more inhabitants,
4 at $50,000 each.
|
| |||||||
| |||||||
1 | The amounts appropriated under this Section must be | ||||||
2 | segregated by
population
classification and disbursed monthly.
| ||||||
3 | If in any year the amount appropriated for the purposes of | ||||||
4 | this subsection
(h) is insufficient to pay all of the subsidies | ||||||
5 | specified in this subsection,
the amount appropriated shall | ||||||
6 | first be prorated by the population
classifications of this | ||||||
7 | subsection (h) and then among the counties choosing
to
| ||||||
8 | participate
within each of those classifications. If any of the | ||||||
9 | appropriated moneys for
each population classification remain | ||||||
10 | at the end of a fiscal year,
the remainder of the moneys may be | ||||||
11 | allocated to participating counties that
were not fully funded | ||||||
12 | during the course of the year. Nothing in
this subsection | ||||||
13 | prohibits 2 or more State's attorneys from combining their
| ||||||
14 | subsidies to appoint a joint assistant State's attorney to
| ||||||
15 | prosecute alcohol-related traffic offenses in multiple | ||||||
16 | counties. Nothing in
this subsection prohibits a State's | ||||||
17 | attorney from appointing an
assistant State's attorney by | ||||||
18 | contract or otherwise.
| ||||||
19 | (Source: P.A. 96-259, eff. 8-11-09.)
| ||||||
20 | (55 ILCS 5/5-25013) (from Ch. 34, par. 5-25013)
| ||||||
21 | Sec. 5-25013. Organization of board; powers and duties.
| ||||||
22 | (A) The board of health of each county or multiple-county | ||||||
23 | health department
shall, immediately after appointment, meet | ||||||
24 | and organize, by the election
of one of its number as president | ||||||
25 | and one as secretary, and either from
its number or otherwise, |
| |||||||
| |||||||
1 | a treasurer and such other officers as it may deem
necessary. A | ||||||
2 | board of health may make and adopt such rules for its own | ||||||
3 | guidance
and for the government of the health department as may | ||||||
4 | be deemed necessary
to protect and improve public health not | ||||||
5 | inconsistent with this
Division. It shall:
| ||||||
6 | 1. Hold a meeting prior to the end of each operating | ||||||
7 | fiscal year, at
which meeting officers shall be elected for | ||||||
8 | the ensuing operating fiscal year;
| ||||||
9 | 2. Hold meetings at least quarterly;
| ||||||
10 | 3. Hold special meetings upon a written request signed | ||||||
11 | by two members
and filed with the Secretary or on request | ||||||
12 | of the medical health officer
or public health | ||||||
13 | administrator;
| ||||||
14 | 4. Provide, equip and maintain suitable offices, | ||||||
15 | facilities and appliances
for the health department;
| ||||||
16 | 5. Publish annually, within 90 days after the end of | ||||||
17 | the county's operating
fiscal year, in pamphlet form, for | ||||||
18 | free distribution, an annual report
showing the condition | ||||||
19 | of its trust on the last day of the most recently
completed | ||||||
20 | operating fiscal year, the sums of money received from all
| ||||||
21 | sources, giving the name of any donor, how all moneys have | ||||||
22 | been expended
and for what purpose, and such other | ||||||
23 | statistics and information in regard
to the work of the | ||||||
24 | health department as it may deem of general interest;
| ||||||
25 | 6. Within its jurisdiction, and professional and | ||||||
26 | technical competence,
enforce and observe all State laws |
| |||||||
| |||||||
1 | pertaining to the preservation of health,
and all county | ||||||
2 | and municipal ordinances except as otherwise provided in
| ||||||
3 | this Division;
| ||||||
4 | 7. Within its jurisdiction, and professional and | ||||||
5 | technical competence,
investigate the existence of any | ||||||
6 | contagious or infectious disease and adopt
measures, not | ||||||
7 | inconsistent with the regulations of the State Department
| ||||||
8 | of Public Health, to arrest the progress of the same;
| ||||||
9 | 8. Within its jurisdiction, and professional and | ||||||
10 | technical competence,
make all necessary sanitary and | ||||||
11 | health investigations and inspections;
| ||||||
12 | 9. Upon request, give professional advice and | ||||||
13 | information to all city,
village, incorporated town and | ||||||
14 | school authorities, within its jurisdiction,
in all | ||||||
15 | matters pertaining to sanitation and public health;
| ||||||
16 | 10. Appoint a medical health officer as the executive | ||||||
17 | officer for the
department, who shall be a citizen of the | ||||||
18 | United States and shall possess
such qualifications as may | ||||||
19 | be prescribed by the State Department of Public
Health; or | ||||||
20 | appoint a public health administrator who shall possess | ||||||
21 | such
qualifications as may be prescribed by the State | ||||||
22 | Department of Public Health
as the executive officer for | ||||||
23 | the department, provided that the board of
health shall | ||||||
24 | make available medical supervision which is considered | ||||||
25 | adequate
by the Director of Public Health;
| ||||||
26 | 10 1/2. Appoint such professional employees as may be |
| |||||||
| |||||||
1 | approved by the
executive officer who meet the | ||||||
2 | qualification requirements of the State
Department of | ||||||
3 | Public Health for their respective positions provided, | ||||||
4 | that
in those health departments temporarily without a | ||||||
5 | medical health officer or
public health administrator | ||||||
6 | approval by the State Department of Public
Health shall | ||||||
7 | suffice;
| ||||||
8 | 11. Appoint such other officers and employees as may be | ||||||
9 | necessary;
| ||||||
10 | 12. Prescribe the powers and duties of all officers and | ||||||
11 | employees, fix
their compensation, and authorize payment | ||||||
12 | of the same and all other department
expenses from the | ||||||
13 | County Health Fund of the county or counties concerned;
| ||||||
14 | 13. Submit an annual budget to the county board or | ||||||
15 | boards;
| ||||||
16 | 14. Submit an annual report to the county board or | ||||||
17 | boards, explaining
all of its activities and expenditures;
| ||||||
18 | 15. Establish and carry out programs and services in | ||||||
19 | mental health,
including mental retardation and alcoholism | ||||||
20 | and substance abuse, not
inconsistent with the regulations | ||||||
21 | of the Department of Human Services or the Department of | ||||||
22 | Healthcare and Family Services ;
| ||||||
23 | 16. Consult with all other private and public health | ||||||
24 | agencies in the
county
in the development of local plans | ||||||
25 | for the most efficient delivery of health
services.
| ||||||
26 | (B) The board of health of each county or multiple-county |
| |||||||
| |||||||
1 | health department
may:
| ||||||
2 | 1. Initiate and carry out programs and activities of | ||||||
3 | all kinds, not
inconsistent
with law, that may be deemed | ||||||
4 | necessary or desirable in the promotion and
protection of | ||||||
5 | health and in the control of disease including | ||||||
6 | tuberculosis;
| ||||||
7 | 2. Receive contributions of real and personal | ||||||
8 | property;
| ||||||
9 | 3. Recommend to the county board or boards the adoption | ||||||
10 | of such ordinances
and of such rules and regulations as may | ||||||
11 | be deemed necessary or desirable
for the promotion and | ||||||
12 | protection of health and control of disease;
| ||||||
13 | 4. Appoint a medical and dental advisory committee and | ||||||
14 | a non-medical
advisory committee to the health department;
| ||||||
15 | 5. Enter into contracts with the State, | ||||||
16 | municipalities, other political
subdivisions and | ||||||
17 | non-official agencies for the purchase, sale or exchange
of | ||||||
18 | health services;
| ||||||
19 | 6. Set fees it deems reasonable and necessary (i) to | ||||||
20 | provide
services or perform regulatory activities, (ii) | ||||||
21 | when required by State or
federal grant award conditions, | ||||||
22 | (iii) to support activities delegated to
the board of | ||||||
23 | health by the Illinois Department of Public Health, or (iv)
| ||||||
24 | when required by an agreement between the board of health | ||||||
25 | and other private
or governmental organizations, unless | ||||||
26 | the fee has been established as a
part of a regulatory |
| |||||||
| |||||||
1 | ordinance adopted by the county board, in which case
the | ||||||
2 | board of health shall make recommendations to the county | ||||||
3 | board
concerning those fees. Revenue generated under this | ||||||
4 | Section shall be
deposited into the County Health Fund or | ||||||
5 | to the account of the
multiple-county health department.
| ||||||
6 | 7. Enter into multiple year employment contracts with | ||||||
7 | the medical
health officer or public health administrator | ||||||
8 | as may be necessary for the
recruitment and retention of | ||||||
9 | personnel and the proper functioning of the
health | ||||||
10 | department.
| ||||||
11 | (C) The board of health of a multiple-county health | ||||||
12 | department may hire
attorneys to represent and advise the | ||||||
13 | department concerning matters that are
not within the exclusive | ||||||
14 | jurisdiction of the State's Attorney of one of the
counties | ||||||
15 | that created the department.
| ||||||
16 | (Source: P.A. 89-272, eff. 8-10-95; 89-507, eff. 7-1-97.)
| ||||||
17 | (55 ILCS 5/6-30002) (from Ch. 34, par. 6-30002)
| ||||||
18 | Sec. 6-30002.
Disbursement to county treasurer for | ||||||
19 | distribution
to appropriate recipient. Notwithstanding any | ||||||
20 | other provision to
the contrary, any State funds disbursed by | ||||||
21 | the State, or federal funds
authorized to be disbursed by the | ||||||
22 | State, to any county official of a county
with a population of | ||||||
23 | less than 2,000,000, or to any county department,
agency | ||||||
24 | program or entity of a such county shall be disbursed only to | ||||||
25 | the
county treasurer of such county for distribution by the |
| |||||||
| |||||||
1 | county treasurer to
the appropriate county recipient. This | ||||||
2 | Division shall not apply to funds
disbursed by a regional | ||||||
3 | superintendent of schools, a regional educational
service | ||||||
4 | center, or the Department of Human Services or the Department | ||||||
5 | of Healthcare and Family Services with respect to its
functions | ||||||
6 | pertaining to mental health or and developmental disabilities.
| ||||||
7 | (Source: P.A. 89-262, eff. 8-10-95; 89-507, eff. 7-1-97.)
| ||||||
8 | Section 1000. The Township Code is amended by changing | ||||||
9 | Sections 30-145 and 190-10 as follows:
| ||||||
10 | (60 ILCS 1/30-145)
| ||||||
11 | Sec. 30-145. Mental health services. If a township is not | ||||||
12 | included in a
mental health district organized under the | ||||||
13 | Community Mental Health Act, the
electors may authorize the | ||||||
14 | board of trustees to provide mental health
services, including | ||||||
15 | services for the
alcoholic, the drug addicted, and the mentally | ||||||
16 | retarded, for residents of the
township by disbursing existing | ||||||
17 | funds if available by contracting
with mental health agencies
| ||||||
18 | approved by the Department of Human Services or the Department | ||||||
19 | of Healthcare and Family Services ,
alcoholism treatment | ||||||
20 | programs licensed by the Department of Public Health, and
drug | ||||||
21 | abuse facilities and other alcohol and drug abuse services | ||||||
22 | approved by the
Department of Human Services or the Department | ||||||
23 | of Healthcare and Family Services . To be
eligible to receive
| ||||||
24 | township funds, an agency, program, facility, or other service |
| |||||||
| |||||||
1 | provider must
have been in existence for more than one year and | ||||||
2 | must serve the township
area.
| ||||||
3 | (Source: P.A. 89-507, eff. 7-1-97; 90-210, eff. 7-25-97.)
| ||||||
4 | (60 ILCS 1/190-10)
| ||||||
5 | Sec. 190-10. Mental health services. If a township is not | ||||||
6 | included in a
mental health district organized under the | ||||||
7 | Community Mental Health Act, the
township board may provide | ||||||
8 | mental health services (including services for the
alcoholic, | ||||||
9 | the drug addicted, and the mentally retarded) for residents of | ||||||
10 | the
township by disbursing funds, pursuant to an appropriation, | ||||||
11 | to mental health
agencies approved by the Department of Human | ||||||
12 | Services or the Department of Healthcare and Family Services , | ||||||
13 | alcoholism treatment
programs licensed by the Department of
| ||||||
14 | Public Health, drug abuse facilities approved by the Department | ||||||
15 | of Human
Services or the Department of Healthcare and Family | ||||||
16 | Services , and other alcoholism and drug
abuse services approved | ||||||
17 | by
the Department of Human Services or the Department of | ||||||
18 | Healthcare and Family Services . To be
eligible for township
| ||||||
19 | funds disbursed under this Section, an agency, program, | ||||||
20 | facility, or other
service provider must have been in existence | ||||||
21 | for more than one year and serve
the township area.
| ||||||
22 | (Source: P.A. 88-62; 89-507, eff. 7-1-97.)
| ||||||
23 | Section 1005. The Illinois Municipal Code is amended by | ||||||
24 | changing Sections 11-22-2 and 11-23-3 as follows:
|
| |||||||
| |||||||
1 | (65 ILCS 5/11-22-2) (from Ch. 24, par. 11-22-2)
| ||||||
2 | Sec. 11-22-2.
In the event any municipality has established | ||||||
3 | a public
hospital in accordance with the provisions of this | ||||||
4 | Division 22 and in the
further event the corporate authorities | ||||||
5 | shall determine that the hospital
is no longer needed for the | ||||||
6 | purposes for which it was established, or that
those purposes | ||||||
7 | would be better served through the operation of the hospital by
| ||||||
8 | a corporation, hospital, health care facility, unit of local | ||||||
9 | government or
institution of higher education, the corporate | ||||||
10 | authorities may by ordinance
authorize
the transfer, sale or | ||||||
11 | lease of the hospital to such corporation, hospital,
health | ||||||
12 | care facility, unit of local government or institution of | ||||||
13 | higher
education within or without the corporate limits of the | ||||||
14 | municipality, or
may authorize the sale or lease of the | ||||||
15 | hospital to any mental health clinic
which obtains any portion | ||||||
16 | of its funds from the Department of Human
Services (as | ||||||
17 | successor to the Department of Mental Health and Developmental
| ||||||
18 | Disabilities) or the Department of Healthcare and Family | ||||||
19 | Services (as successor to the Department of Human Services with | ||||||
20 | respect to functions relating to mental health) . Such transfer, | ||||||
21 | sale or lease may be on such
terms and under such conditions as | ||||||
22 | the corporate authorities may deem
proper without regard to any | ||||||
23 | provisions of Division 9 or 10 of Article 8 or
Divisions 75, | ||||||
24 | 76, 77 and 78 of this Article 11. At least 10 days prior to
the | ||||||
25 | adoption of an ordinance under this Section, the corporate |
| |||||||
| |||||||
1 | authorities
shall make the proposed ordinance conveniently | ||||||
2 | available for public
inspection and shall hold at least one | ||||||
3 | public hearing thereon. Notice of
this hearing shall be | ||||||
4 | published in one or more newspapers published
in the | ||||||
5 | municipality, or if there is none published in the | ||||||
6 | municipality, in
a newspaper having general circulation in the | ||||||
7 | municipality, at least 10
days prior to the time of the public | ||||||
8 | hearing. Such notice shall state the
time and place of the | ||||||
9 | hearing and the place where copies of the proposed
ordinance | ||||||
10 | will be accessible for examination.
| ||||||
11 | In the event that prior to the sale or lease of the | ||||||
12 | hospital pursuant
to this Section, a labor organization has | ||||||
13 | been recognized by the hospital
as the exclusive representative | ||||||
14 | of the majority of employees in a
bargaining unit for purposes | ||||||
15 | of collective bargaining, and in the further
event that a | ||||||
16 | purchaser or lessor subject to the National Labor Relations
Act | ||||||
17 | retains or hires a majority of the employees in such a | ||||||
18 | bargaining unit,
such purchaser or lessor shall recognize the | ||||||
19 | labor organization as the
exclusive representative of the | ||||||
20 | majority of employees in that bargaining
unit for purposes of | ||||||
21 | collective bargaining, provided that the labor
organization | ||||||
22 | makes a timely written assertion of its representational
| ||||||
23 | capacity to the purchaser or lessor.
| ||||||
24 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
25 | (65 ILCS 5/11-23-3) (from Ch. 24, par. 11-23-3)
|
| |||||||
| |||||||
1 | Sec. 11-23-3.
In the event any municipality has
established | ||||||
2 | a city public
hospital in accordance with the provisions of | ||||||
3 | Section 11-23-1 and in the
further event the corporate | ||||||
4 | authorities shall
determine that the hospital
is no longer | ||||||
5 | needed for the purposes for which it was established or that
| ||||||
6 | those purposes would be better served through the operation of | ||||||
7 | the city
hospital by a corporation, hospital, health care
| ||||||
8 | facility, unit of local government or institution of higher | ||||||
9 | education, the
corporate authorities by ordinance may | ||||||
10 | authorize the
transfer, sale or lease of the hospital to such | ||||||
11 | corporation, hospital,
health care facility, unit of local | ||||||
12 | government or institution of higher
education within or without
| ||||||
13 | the corporate limits of the city, or may authorize the sale or | ||||||
14 | lease of the
hospital to any mental health clinic which obtains | ||||||
15 | any portion of its funds
from the Department of Human Services | ||||||
16 | (as successor to the Department of
Mental Health and | ||||||
17 | Developmental Disabilities) or the Department of Healthcare | ||||||
18 | and Family Services (as successor to the Department of Human | ||||||
19 | Services with respect to functions relating to mental health) . | ||||||
20 | Such
transfer, sale or lease may be on such terms and under | ||||||
21 | such conditions as
the corporate authorities may deem proper | ||||||
22 | without
regard to any provisions of
Division 9 of Article 8 or | ||||||
23 | Divisions 75, 76, 77 and 78 of this Article 11.
At least 10 | ||||||
24 | days prior to the adoption of an ordinance under this
Section | ||||||
25 | the corporate authorities shall make the proposed ordinance
| ||||||
26 | conveniently available for public inspection and shall hold at |
| |||||||
| |||||||
1 | least one
public hearing thereon. Notice of this hearing shall | ||||||
2 | be published in one
or more newspapers published in the | ||||||
3 | municipality, or if there is none
published in the | ||||||
4 | municipality, in a newspaper having general circulation in
the | ||||||
5 | municipality, at least 10 days prior to the time of the public | ||||||
6 | hearing.
Such notice shall state the time and place of the | ||||||
7 | hearing and the place
where copies of the proposed ordinance | ||||||
8 | will be accessible for examination.
| ||||||
9 | If a city public hospital is transferred, sold or leased as | ||||||
10 | authorized
by this section and if no bonds issued under the | ||||||
11 | provisions of Section
11-23-6 or Section 11-23-13 are | ||||||
12 | outstanding, the city council may transfer
any excess funds | ||||||
13 | remaining in the Hospital Fund to the general fund of the
city | ||||||
14 | to be expended for capital expenditures only and not for | ||||||
15 | operating
expenses of the city.
| ||||||
16 | In the event that prior to the sale or lease of the | ||||||
17 | hospital pursuant
to this Section, a labor organization has | ||||||
18 | been recognized by the hospital
as the exclusive representative | ||||||
19 | of the majority of employees in a
bargaining unit for purposes | ||||||
20 | of collective bargaining, and in the further
event that a | ||||||
21 | purchaser or lessor subject to the National Labor Relations
Act | ||||||
22 | retains or hires a majority of the employees in such a | ||||||
23 | bargaining unit,
such purchaser or lessor shall recognize the | ||||||
24 | labor organization as the
exclusive representative of the | ||||||
25 | majority of employees in that bargaining
unit for purposes of | ||||||
26 | collective bargaining, provided that the labor
organization |
| |||||||
| |||||||
1 | makes a timely written assertion of its representational
| ||||||
2 | capacity to the purchaser or lessor.
| ||||||
3 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
4 | Section 1010. The Public Health District Act is amended by | ||||||
5 | changing Section 17 as follows:
| ||||||
6 | (70 ILCS 905/17) (from Ch. 111 1/2, par. 17)
| ||||||
7 | Sec. 17.
The medical health officer or administrator shall | ||||||
8 | have
power, and it shall be his or her duty:
| ||||||
9 | (1) To be the executive officer of the board of health.
| ||||||
10 | (2) To enforce and observe the rules, regulations and | ||||||
11 | orders of the
State Department of Public Health and all | ||||||
12 | State laws pertaining to the
preservation of the health of | ||||||
13 | the people within the public health
district, including | ||||||
14 | regulations in which the State Department of Public
Health | ||||||
15 | shall require provision of home visitation and other | ||||||
16 | services for
pregnant women, new mothers and infants who | ||||||
17 | are at risk as defined by
that Department that encompass | ||||||
18 | but are not limited
to consultation for parental and child | ||||||
19 | development, comprehensive health
education, nutritional | ||||||
20 | assessment, dental health, and periodic health
screening, | ||||||
21 | referral and follow-up; the services shall be provided | ||||||
22 | through
programs funded by grants from the Department of | ||||||
23 | Public Health from
appropriations to the Department for | ||||||
24 | that purpose.
|
| |||||||
| |||||||
1 | (3) To exercise the rights, powers and duties of all | ||||||
2 | township boards
of health and county boards of health | ||||||
3 | within the public health district.
| ||||||
4 | (4) To execute and enforce, within the public health | ||||||
5 | district, all
city, village and incorporated town | ||||||
6 | ordinances relating to public health
and sanitation.
| ||||||
7 | (5) To investigate the existence of any contagious or | ||||||
8 | infectious
disease within the public health district and to | ||||||
9 | adopt measures, with
the approval of the State Department | ||||||
10 | of Public Health, to arrest the
progress of the same.
| ||||||
11 | (6) To make all necessary sanitary and health | ||||||
12 | investigations and
inspections within the public health | ||||||
13 | district.
| ||||||
14 | (7) To establish a dental clinic for the benefit of the | ||||||
15 | school
children of the district.
| ||||||
16 | (8) To give professional advice and information to all | ||||||
17 | city, village,
incorporated town and school authorities | ||||||
18 | within the public health
district in all matters pertaining | ||||||
19 | to sanitation and public health.
| ||||||
20 | (9) To devote his or her entire time to his or her
| ||||||
21 | official duties.
| ||||||
22 | (10) To establish and execute programs and services in | ||||||
23 | the field of
mental health, including mental retardation, | ||||||
24 | not inconsistent with the
regulations of the Department of | ||||||
25 | Human Services or the Department of Healthcare and Family | ||||||
26 | Services .
|
| |||||||
| |||||||
1 | (11) If approved by the board of health, to enter into | ||||||
2 | contracts with
municipalities, other political | ||||||
3 | subdivisions and private agencies for
the purchase, sale, | ||||||
4 | delivery or exchange of health services.
| ||||||
5 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
6 | Section 1015. The School Code is amended by changing | ||||||
7 | Section 14-15.01 as follows:
| ||||||
8 | (105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
| ||||||
9 | Sec. 14-15.01. Community and Residential Services | ||||||
10 | Authority.
| ||||||
11 | (a) (1) The Community and Residential Services Authority is
| ||||||
12 | hereby created and shall consist of the following members:
| ||||||
13 | A representative of the State Board of Education;
| ||||||
14 | Three Four representatives of the Department of Human | ||||||
15 | Services appointed by the Secretary of Human Services,
with one | ||||||
16 | member from the Division of Community Health and
Prevention, | ||||||
17 | one member from the Division of Developmental Disabilities, one | ||||||
18 | member
from the Division of Mental Health, and one member from | ||||||
19 | the Division of
Rehabilitation Services;
| ||||||
20 | A representative of the Department of Children and Family | ||||||
21 | Services;
| ||||||
22 | A representative of the Department of Juvenile Justice;
| ||||||
23 | Two representatives A representative of the Department of | ||||||
24 | Healthcare and Family Services , with one member from the |
| |||||||
| |||||||
1 | Division of Mental Health ;
| ||||||
2 | A representative of the Attorney General's Disability | ||||||
3 | Rights Advocacy
Division;
| ||||||
4 | The Chairperson and Minority Spokesperson of the House and | ||||||
5 | Senate
Committees on Elementary and Secondary Education or | ||||||
6 | their designees; and
| ||||||
7 | Six persons appointed by the Governor. Five of such
| ||||||
8 | appointees shall be experienced or knowledgeable relative to
| ||||||
9 | provision of services for individuals with a behavior
disorder
| ||||||
10 | or a severe emotional disturbance
and shall include | ||||||
11 | representatives of
both the private and public sectors, except | ||||||
12 | that no more than 2 of those 5
appointees may be from the | ||||||
13 | public sector and at least 2 must be or have been
directly | ||||||
14 | involved in provision of services to such individuals. The | ||||||
15 | remaining
member appointed by the Governor shall be or shall | ||||||
16 | have been a parent of an
individual with a
behavior disorder or | ||||||
17 | a severe emotional disturbance, and
that appointee may be from | ||||||
18 | either the private or the public sector.
| ||||||
19 | (2) Members appointed by the Governor shall be appointed | ||||||
20 | for terms
of 4 years and shall continue to serve until their | ||||||
21 | respective successors are
appointed; provided that the terms of | ||||||
22 | the original
appointees shall expire on August 1, 1990. Any | ||||||
23 | vacancy in the office of a
member appointed by the Governor | ||||||
24 | shall be filled by appointment of the
Governor for the | ||||||
25 | remainder of the term.
| ||||||
26 | A vacancy in the office of a member appointed by the |
| |||||||
| |||||||
1 | Governor exists when
one or more of the following events occur:
| ||||||
2 | (i) An appointee dies;
| ||||||
3 | (ii) An appointee files a written resignation with the | ||||||
4 | Governor;
| ||||||
5 | (iii) An appointee ceases to be a legal resident of the | ||||||
6 | State of Illinois;
or
| ||||||
7 | (iv) An appointee fails to attend a majority of | ||||||
8 | regularly scheduled
Authority meetings in a fiscal year.
| ||||||
9 | Members who are representatives of an agency shall serve at | ||||||
10 | the will
of the agency head. Membership on the Authority shall | ||||||
11 | cease immediately
upon cessation of their affiliation with the | ||||||
12 | agency. If such a vacancy
occurs, the appropriate agency head | ||||||
13 | shall appoint another person to represent
the agency.
| ||||||
14 | If a legislative member of the Authority ceases to be | ||||||
15 | Chairperson or
Minority Spokesperson of the designated | ||||||
16 | Committees, they shall
automatically be replaced on the | ||||||
17 | Authority by the person who assumes the
position of Chairperson | ||||||
18 | or Minority Spokesperson.
| ||||||
19 | (b) The Community and Residential Services Authority shall | ||||||
20 | have the
following powers and duties:
| ||||||
21 | (1) To conduct surveys to determine the extent of need, | ||||||
22 | the degree to
which documented need is currently being met | ||||||
23 | and feasible alternatives for
matching need with | ||||||
24 | resources.
| ||||||
25 | (2) To develop policy statements for interagency | ||||||
26 | cooperation to cover
all aspects of service delivery, |
| |||||||
| |||||||
1 | including laws, regulations and
procedures, and clear | ||||||
2 | guidelines for determining responsibility at all times.
| ||||||
3 | (3) To recommend policy statements
and provide | ||||||
4 | information regarding effective programs for delivery of
| ||||||
5 | services to all individuals under 22 years of age with a | ||||||
6 | behavior disorder
or a severe emotional disturbance in | ||||||
7 | public or private situations.
| ||||||
8 | (4) To review the criteria for service eligibility, | ||||||
9 | provision and
availability established by the governmental | ||||||
10 | agencies represented on this
Authority, and to recommend | ||||||
11 | changes, additions or deletions to such criteria.
| ||||||
12 | (5) To develop and submit to the Governor, the General | ||||||
13 | Assembly, the
Directors of the agencies represented on the | ||||||
14 | Authority, and the
State Board of Education a master plan | ||||||
15 | for individuals under 22 years of
age with a
behavior | ||||||
16 | disorder or a severe emotional disturbance,
including
| ||||||
17 | detailed plans of service ranging from the least to the | ||||||
18 | most
restrictive options; and to assist local communities, | ||||||
19 | upon request, in
developing
or strengthening collaborative | ||||||
20 | interagency networks.
| ||||||
21 | (6) To develop a process for making determinations in | ||||||
22 | situations where
there is a dispute relative to a plan of | ||||||
23 | service for
individuals or funding for a plan of service.
| ||||||
24 | (7) To provide technical assistance to parents, | ||||||
25 | service consumers,
providers, and member agency personnel | ||||||
26 | regarding statutory responsibilities
of human service and |
| |||||||
| |||||||
1 | educational agencies, and to provide such assistance
as | ||||||
2 | deemed necessary to appropriately access needed services.
| ||||||
3 | (c) (1) The members of the Authority shall receive no | ||||||
4 | compensation for
their services but shall be entitled to | ||||||
5 | reimbursement of reasonable
expenses incurred while performing | ||||||
6 | their duties.
| ||||||
7 | (2) The Authority may appoint special study groups to | ||||||
8 | operate under
the direction of the Authority and persons | ||||||
9 | appointed to such groups shall
receive only reimbursement of | ||||||
10 | reasonable expenses incurred in the
performance of their | ||||||
11 | duties.
| ||||||
12 | (3) The Authority shall elect from its membership a | ||||||
13 | chairperson,
vice-chairperson and secretary.
| ||||||
14 | (4) The Authority may employ and fix the compensation of
| ||||||
15 | such employees and technical assistants as it deems necessary | ||||||
16 | to carry out
its powers and duties under this Act. Staff | ||||||
17 | assistance for the Authority
shall be provided by the State | ||||||
18 | Board of Education.
| ||||||
19 | (5) Funds for the ordinary and contingent expenses of the | ||||||
20 | Authority
shall be appropriated to the State Board of Education | ||||||
21 | in a separate line item.
| ||||||
22 | (d) (1) The Authority shall have power to promulgate rules | ||||||
23 | and
regulations to carry out its powers and duties under this | ||||||
24 | Act.
| ||||||
25 | (2) The Authority may accept monetary gifts or grants from | ||||||
26 | the federal
government or any agency thereof, from any |
| |||||||
| |||||||
1 | charitable foundation or
professional association or from any | ||||||
2 | other reputable source for
implementation of any program | ||||||
3 | necessary or desirable to the carrying out of
the general | ||||||
4 | purposes of the Authority. Such gifts and grants may be
held in | ||||||
5 | trust by the Authority and expended in the exercise of its | ||||||
6 | powers
and performance of its duties as prescribed by law.
| ||||||
7 | (3) The Authority shall submit an annual report of its | ||||||
8 | activities and
expenditures to the Governor, the General | ||||||
9 | Assembly, the
directors of agencies represented on the | ||||||
10 | Authority, and the State
Superintendent of Education.
| ||||||
11 | (Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09.)
| ||||||
12 | Section 1025. The Mental Health Graduate Education | ||||||
13 | Scholarship Act is amended by changing Sections 5, 10, and 35 | ||||||
14 | as follows:
| ||||||
15 | (110 ILCS 952/5)
| ||||||
16 | Sec. 5. Purpose. The purpose of this Act is to establish a | ||||||
17 | program in the Department of Healthcare and Family Human | ||||||
18 | Services to upgrade mental health care services for all | ||||||
19 | citizens of this State by providing scholarships to graduate | ||||||
20 | students in mental health fields who agree to practice in areas | ||||||
21 | of this State demonstrating the greatest need for more mental | ||||||
22 | health services. The program shall encourage mental health | ||||||
23 | practitioners to locate in areas where mental health manpower | ||||||
24 | shortages exist in this State.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-672, eff. 8-25-09.)
| ||||||
2 | (110 ILCS 952/10)
| ||||||
3 | Sec. 10. Definitions. The following terms, whenever used or | ||||||
4 | referred to, have the following meanings, except where the | ||||||
5 | context clearly indicates otherwise: | ||||||
6 | "Advisory Council" means the Mental Health Consortium | ||||||
7 | Advisory Council created under Section 35 of this Act. | ||||||
8 | "Approved institution" means a public or private college or | ||||||
9 | university located in this State. | ||||||
10 | Before January 1, 2011, "Department" means the Department | ||||||
11 | of Human Services. On and after January 1, 2011, "Department" | ||||||
12 | means the Department of Healthcare and Family Services. | ||||||
13 | "Designated shortage area" means an area designated by the | ||||||
14 | Secretary or the Director as a shortage area, a mental health | ||||||
15 | underserved area, or a critical mental health manpower shortage | ||||||
16 | area, as defined by the United States Department of Health and | ||||||
17 | Human Services or as further defined by the Illinois Department | ||||||
18 | of Human Services to enable it to effectively fulfill the | ||||||
19 | purpose stated in Section 5 of this Act. These areas may | ||||||
20 | include the following: | ||||||
21 | (1) an urban or rural area; | ||||||
22 | (2) a population group; or | ||||||
23 | (3) a public or nonprofit private mental health | ||||||
24 | facility. | ||||||
25 | "Director" means the Director of Healthcare and Family |
| |||||||
| |||||||
1 | Services. | ||||||
2 | "Enrollment" means the establishment and maintenance of an | ||||||
3 | individual's status as a student in an approved institution, | ||||||
4 | regardless of the terms used at the institution to describe | ||||||
5 | such status. | ||||||
6 | "Fees" means those mandatory charges, in addition to | ||||||
7 | tuition, that all enrolled students must pay, including | ||||||
8 | required course or lab fees. | ||||||
9 | "Full-time enrollment" means enrollment by a student for at | ||||||
10 | least 9 hours per school term or as otherwise determined by the | ||||||
11 | institution of higher learning. | ||||||
12 | "Mental health employment obligation" means employment in | ||||||
13 | this State as a licensed professional counselor, licensed | ||||||
14 | clinical professional counselor, licensed clinical | ||||||
15 | psychologist, licensed social worker, licensed clinical social | ||||||
16 | worker, or licensed marriage and family therapist in direct | ||||||
17 | patient care in a human services capacity in a designated | ||||||
18 | shortage area for at least one year for each year of | ||||||
19 | scholarship assistance received through the program.
| ||||||
20 | "Program" means the Mental Health Graduate Scholarship | ||||||
21 | Program. | ||||||
22 | "School term" means an academic term, such as a semester, | ||||||
23 | quarter, trimester, or number of clock hours, as defined by an | ||||||
24 | approved institution. | ||||||
25 | "Secretary" means the Secretary of Human Services. | ||||||
26 | "Student in good standing" means a student maintaining a |
| |||||||
| |||||||
1 | cumulative grade point average equivalent to at least the | ||||||
2 | academic grade of a "C". | ||||||
3 | "Total and permanent disability" means a physical or mental | ||||||
4 | impairment, disease, or loss of a permanent nature that | ||||||
5 | prevents employment with or without reasonable accommodation. | ||||||
6 | Proof of disability shall be a declaration from the federal | ||||||
7 | Social Security Administration, the Illinois Workers' | ||||||
8 | Compensation Commission, the federal Department of Defense, or | ||||||
9 | an insurer authorized to transact business in this State who is | ||||||
10 | providing disability insurance coverage to a contractor. | ||||||
11 | "Tuition" means the established charges of an institution | ||||||
12 | of higher learning for instruction at that institution.
| ||||||
13 | (Source: P.A. 96-672, eff. 8-25-09.)
| ||||||
14 | (110 ILCS 952/35)
| ||||||
15 | Sec. 35. Advisory Council.
| ||||||
16 | (a) The Mental Health Consortium Advisory Council is | ||||||
17 | created, consisting of 9 members. Two members must be appointed | ||||||
18 | by the Illinois Mental Health Counselors Association, 2 members | ||||||
19 | must be appointed by the Illinois Psychological Association, 2 | ||||||
20 | members must be appointed by the National Association of Social | ||||||
21 | Workers-Illinois Chapter, 2 members must be appointed by the | ||||||
22 | Illinois Association for Marriage and Family Therapy, and one | ||||||
23 | public member must be appointed by the Secretary (before | ||||||
24 | January 1, 2011) or by the Director (on or after January 1, | ||||||
25 | 2011) .
|
| |||||||
| |||||||
1 | (b) The Advisory Council shall assist and advise the | ||||||
2 | Department in the administration of this Act.
| ||||||
3 | (Source: P.A. 96-672, eff. 8-25-09.)
| ||||||
4 | Section 1030. The Abuse Prevention Review Team Act is | ||||||
5 | amended by changing Section 15 as follows:
| ||||||
6 | (210 ILCS 28/15)
| ||||||
7 | Sec. 15. Residential health care facility resident sexual | ||||||
8 | assault and
death review teams;
establishment.
| ||||||
9 | (a) The Director, in consultation with the Executive | ||||||
10 | Council and with law
enforcement agencies
and other | ||||||
11 | professionals who work in the field of investigating, treating, | ||||||
12 | or
preventing nursing home resident abuse or neglect in the | ||||||
13 | State, shall
appoint members to two residential health care | ||||||
14 | facility resident sexual assault
and death review
teams. The | ||||||
15 | Director shall appoint more teams if the Director or the | ||||||
16 | existing teams determine that more teams are necessary to | ||||||
17 | achieve the purposes of this Act. An Executive Council shall be | ||||||
18 | organized no later than when at least 4 teams are formed. The | ||||||
19 | members of a
team shall be appointed for 2-year staggered terms | ||||||
20 | and shall be eligible for
reappointment
upon the expiration of | ||||||
21 | their terms.
| ||||||
22 | (b) Each review team shall
consist of at least one member | ||||||
23 | from each of the following categories:
| ||||||
24 | (1) Geriatrician or other physician knowledgeable |
| |||||||
| |||||||
1 | about nursing home
resident abuse and neglect.
| ||||||
2 | (2) Representative of the Department.
| ||||||
3 | (3) State's Attorney or State's Attorney's | ||||||
4 | representative.
| ||||||
5 | (4) Representative of a local law enforcement agency.
| ||||||
6 | (5) Representative of the Illinois Attorney General.
| ||||||
7 | (6) Psychologist or psychiatrist.
| ||||||
8 | (7) Representative of a local health department.
| ||||||
9 | (8) Representative of a social service or health care | ||||||
10 | agency that provides
services to persons with mental | ||||||
11 | illness, in a program whose accreditation to
provide such | ||||||
12 | services is recognized by the Division Office of Mental | ||||||
13 | Health
within the Department of Healthcare and Family Human | ||||||
14 | Services.
| ||||||
15 | (9) Representative of a social service or health care | ||||||
16 | agency that
provides
services to persons with | ||||||
17 | developmental disabilities, in a program whose
| ||||||
18 | accreditation to provide such services is recognized by the | ||||||
19 | Division Office of
Developmental Disabilities within the | ||||||
20 | Department of Human Services.
| ||||||
21 | (10) Coroner or forensic pathologist.
| ||||||
22 | (11) Representative of the local sub-state ombudsman.
| ||||||
23 | (12) Representative of a nursing home resident | ||||||
24 | advocacy organization.
| ||||||
25 | (13) Representative of a local hospital, trauma | ||||||
26 | center, or provider of
emergency medical services.
|
| |||||||
| |||||||
1 | (14) Representative of an organization that represents | ||||||
2 | nursing homes.
| ||||||
3 | Each review team may make recommendations to the Director | ||||||
4 | concerning
additional appointments.
Each review team member | ||||||
5 | must have demonstrated experience and an
interest in | ||||||
6 | investigating, treating, or preventing nursing home resident | ||||||
7 | abuse
or
neglect.
| ||||||
8 | (c) Each review team shall
select a chairperson from among | ||||||
9 | its members. The chairperson shall also serve
on the Illinois | ||||||
10 | Residential Health Care Facility Sexual Assault and Death
| ||||||
11 | Review Teams Executive
Council.
| ||||||
12 | (Source: P.A. 93-577, eff. 8-21-03; 94-931, eff. 6-26-06.)
| ||||||
13 | Section 1035. The Abused and Neglected Long Term Care | ||||||
14 | Facility Residents Reporting
Act is amended by changing | ||||||
15 | Sections 3, 6, and 14 as follows:
| ||||||
16 | (210 ILCS 30/3) (from Ch. 111 1/2, par. 4163)
| ||||||
17 | (Text of Section before amendment by P.A. 96-339 )
| ||||||
18 | Sec. 3. As used in this Act unless the context otherwise | ||||||
19 | requires:
| ||||||
20 | a. "Department" means the Department of Public Health of | ||||||
21 | the State of
Illinois.
| ||||||
22 | b. "Resident" means a person residing in and receiving | ||||||
23 | personal care from
a long term care facility, or residing in a | ||||||
24 | mental health facility or
developmental disability facility as |
| |||||||
| |||||||
1 | defined in the Mental Health and
Developmental Disabilities | ||||||
2 | Code.
| ||||||
3 | c. "Long term care facility" has the same meaning ascribed | ||||||
4 | to such term
in the Nursing Home Care Act, except that the term | ||||||
5 | as
used in this Act shall include any mental health facility or
| ||||||
6 | developmental disability facility as defined in the Mental | ||||||
7 | Health and
Developmental Disabilities Code.
| ||||||
8 | d. "Abuse" means any physical injury, sexual abuse or | ||||||
9 | mental injury
inflicted on a resident other than by accidental | ||||||
10 | means.
| ||||||
11 | e. "Neglect" means a failure in a long term care facility | ||||||
12 | to provide
adequate medical or personal care or maintenance, | ||||||
13 | which failure results in
physical or mental injury to a | ||||||
14 | resident or in the deterioration of a
resident's physical or | ||||||
15 | mental condition.
| ||||||
16 | f. "Protective services" means services provided to a | ||||||
17 | resident who has
been abused or neglected, which may include, | ||||||
18 | but are not limited to alternative
temporary institutional | ||||||
19 | placement, nursing care, counseling, other social
services | ||||||
20 | provided at the nursing home where the resident resides or at | ||||||
21 | some
other facility, personal care and such protective services | ||||||
22 | of voluntary
agencies as are available.
| ||||||
23 | g. Unless the context otherwise requires, direct or | ||||||
24 | indirect references in
this Act to the programs, personnel, | ||||||
25 | facilities, services, service providers,
or service recipients | ||||||
26 | of the Department of Human Services shall be construed to
refer |
| |||||||
| |||||||
1 | only to those programs, personnel, facilities, services, | ||||||
2 | service
providers, or service recipients that pertain to the | ||||||
3 | Department of Human
Services' mental health and developmental | ||||||
4 | disabilities functions.
| ||||||
5 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
6 | (Text of Section after amendment by P.A. 96-339 )
| ||||||
7 | Sec. 3. As used in this Act unless the context otherwise | ||||||
8 | requires:
| ||||||
9 | a. "Department" means the Department of Public Health of | ||||||
10 | the State of
Illinois.
| ||||||
11 | b. "Resident" means a person residing in and receiving | ||||||
12 | personal care from
a long term care facility, or residing in a | ||||||
13 | mental health facility or
developmental disability facility as | ||||||
14 | defined in the Mental Health and
Developmental Disabilities | ||||||
15 | Code.
| ||||||
16 | c. "Long term care facility" has the same meaning ascribed | ||||||
17 | to such term
in the Nursing Home Care Act, except that the term | ||||||
18 | as
used in this Act shall include any mental health facility or
| ||||||
19 | developmental disability facility as defined in the Mental | ||||||
20 | Health and
Developmental Disabilities Code. The term also | ||||||
21 | includes any facility licensed under the MR/DD Community Care | ||||||
22 | Act.
| ||||||
23 | d. "Abuse" means any physical injury, sexual abuse or | ||||||
24 | mental injury
inflicted on a resident other than by accidental | ||||||
25 | means.
|
| |||||||
| |||||||
1 | e. "Neglect" means a failure in a long term care facility | ||||||
2 | to provide
adequate medical or personal care or maintenance, | ||||||
3 | which failure results in
physical or mental injury to a | ||||||
4 | resident or in the deterioration of a
resident's physical or | ||||||
5 | mental condition.
| ||||||
6 | f. "Protective services" means services provided to a | ||||||
7 | resident who has
been abused or neglected, which may include, | ||||||
8 | but are not limited to alternative
temporary institutional | ||||||
9 | placement, nursing care, counseling, other social
services | ||||||
10 | provided at the nursing home where the resident resides or at | ||||||
11 | some
other facility, personal care and such protective services | ||||||
12 | of voluntary
agencies as are available.
| ||||||
13 | g. Unless the context otherwise requires, direct or | ||||||
14 | indirect references in
this Act to the programs, personnel, | ||||||
15 | facilities, services, service providers,
or service recipients | ||||||
16 | of the Department of Human Services or the Department of | ||||||
17 | Healthcare and Family Services shall be construed to
refer only | ||||||
18 | to those programs, personnel, facilities, services, service
| ||||||
19 | providers, or service recipients that pertain to the Department | ||||||
20 | of Human
Services' or Department of Healthcare and Family | ||||||
21 | Services' mental health or and developmental disabilities | ||||||
22 | functions.
| ||||||
23 | (Source: P.A. 96-339, eff. 7-1-10.)
| ||||||
24 | (210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
| ||||||
25 | (Text of Section before amendment by P.A. 96-339 )
|
| |||||||
| |||||||
1 | Sec. 6. All reports of suspected abuse or neglect made | ||||||
2 | under this Act
shall be made immediately by telephone to the | ||||||
3 | Department's central register
established under Section 14 on | ||||||
4 | the single, State-wide, toll-free telephone
number established | ||||||
5 | under Section 13, or in person or by telephone through
the | ||||||
6 | nearest Department office. No long term care facility | ||||||
7 | administrator,
agent or employee, or any other person, shall | ||||||
8 | screen reports or otherwise
withhold any reports from the | ||||||
9 | Department, and no long term care facility,
department of State | ||||||
10 | government, or other agency shall establish any rules,
| ||||||
11 | criteria, standards or guidelines to the contrary. Every long | ||||||
12 | term care
facility, department of State government and other | ||||||
13 | agency whose employees
are required to make or cause to be made | ||||||
14 | reports under Section 4 shall
notify its employees of the | ||||||
15 | provisions of that Section and of this Section,
and provide to | ||||||
16 | the Department documentation that such notification has been
| ||||||
17 | given. The Department of Human Services shall train all of its | ||||||
18 | mental health and developmental
disabilities employees in the | ||||||
19 | detection and reporting of suspected
abuse and neglect of | ||||||
20 | residents. Reports made to the central register
through the | ||||||
21 | State-wide, toll-free telephone number shall be transmitted to
| ||||||
22 | appropriate Department offices and municipal health | ||||||
23 | departments that have
responsibility for licensing long term | ||||||
24 | care facilities under the Nursing
Home Care Act. All reports | ||||||
25 | received through offices of the Department
shall be forwarded | ||||||
26 | to the central register, in a manner and form described
by the |
| |||||||
| |||||||
1 | Department. The Department shall be capable of receiving | ||||||
2 | reports of
suspected abuse and neglect 24 hours a day, 7 days a | ||||||
3 | week. Reports shall
also be made in writing deposited in the | ||||||
4 | U.S. mail, postage prepaid, within
24 hours after having | ||||||
5 | reasonable cause to believe that the condition of the
resident | ||||||
6 | resulted from abuse or neglect. Such reports may in addition be
| ||||||
7 | made to the local law enforcement agency in the same manner. | ||||||
8 | However, in
the event a report is made to the local law | ||||||
9 | enforcement agency, the
reporter also shall immediately so | ||||||
10 | inform the Department. The Department
shall initiate an | ||||||
11 | investigation of each report of resident abuse and
neglect | ||||||
12 | under this Act, whether oral or written, as provided for in | ||||||
13 | Section
3-702 of the Nursing Home Care Act, except that reports | ||||||
14 | of abuse which
indicate that a resident's life or safety is in | ||||||
15 | imminent danger shall be
investigated within 24 hours of such | ||||||
16 | report. The Department may delegate to
law enforcement | ||||||
17 | officials or other public agencies the duty to perform such
| ||||||
18 | investigation.
| ||||||
19 | With respect to investigations of reports of suspected | ||||||
20 | abuse or neglect
of residents of mental health and | ||||||
21 | developmental disabilities institutions
under the jurisdiction | ||||||
22 | of the Department of
Human Services, the
Department shall | ||||||
23 | transmit
copies of such reports to the Department of State | ||||||
24 | Police, the Department of
Human Services, and the
Inspector | ||||||
25 | General
appointed under Section 1-17 of the Department of Human | ||||||
26 | Services Act. If the Department receives a report
of suspected |
| |||||||
| |||||||
1 | abuse or neglect of a recipient of services as defined in | ||||||
2 | Section
1-123 of the Mental Health and Developmental | ||||||
3 | Disabilities Code, the
Department shall transmit copies of such | ||||||
4 | report to the Inspector General
and the Directors of the | ||||||
5 | Guardianship and Advocacy Commission and the
agency designated | ||||||
6 | by the Governor pursuant to the Protection and Advocacy
for | ||||||
7 | Developmentally Disabled Persons Act. When requested by the | ||||||
8 | Director
of the Guardianship and Advocacy Commission, the | ||||||
9 | agency designated by the
Governor pursuant to the Protection | ||||||
10 | and Advocacy for Developmentally
Disabled Persons Act, or the | ||||||
11 | Department of Financial and Professional Regulation, the | ||||||
12 | Department, the Department of Human Services and the Department | ||||||
13 | of State Police shall make
available a copy of the final | ||||||
14 | investigative report regarding investigations
conducted by | ||||||
15 | their respective agencies on incidents of suspected abuse or
| ||||||
16 | neglect of residents of mental health and developmental | ||||||
17 | disabilities
institutions or individuals receiving services at | ||||||
18 | community agencies under the jurisdiction of the Department of | ||||||
19 | Human Services. Such final investigative
report shall not | ||||||
20 | contain witness statements, investigation notes, draft
| ||||||
21 | summaries, results of lie detector tests, investigative files | ||||||
22 | or other raw data
which was used to compile the final | ||||||
23 | investigative report. Specifically, the
final investigative | ||||||
24 | report of the Department of State Police shall mean the
| ||||||
25 | Director's final transmittal letter. The Department of Human | ||||||
26 | Services shall also make available a
copy of the results of |
| |||||||
| |||||||
1 | disciplinary proceedings of employees involved in
incidents of | ||||||
2 | abuse or neglect to the Directors. All identifiable
information | ||||||
3 | in reports provided shall not be further disclosed except as
| ||||||
4 | provided by the Mental Health and Developmental Disabilities
| ||||||
5 | Confidentiality Act. Nothing in this Section is intended to | ||||||
6 | limit or
construe the power or authority granted to the agency | ||||||
7 | designated by the
Governor pursuant to the Protection and | ||||||
8 | Advocacy for Developmentally
Disabled Persons Act, pursuant to | ||||||
9 | any other State or federal statute.
| ||||||
10 | With respect to investigations of reported resident abuse | ||||||
11 | or neglect, the
Department shall effect with appropriate law | ||||||
12 | enforcement agencies formal
agreements concerning methods and | ||||||
13 | procedures for the conduct of investigations
into the criminal | ||||||
14 | histories of any administrator, staff assistant or employee
of | ||||||
15 | the nursing home or other person responsible for the residents | ||||||
16 | care,
as well as for other residents in the nursing home who | ||||||
17 | may be in a position
to abuse, neglect or exploit the patient. | ||||||
18 | Pursuant to the formal agreements
entered into with appropriate | ||||||
19 | law enforcement agencies, the Department may
request | ||||||
20 | information with respect to whether the person or persons set | ||||||
21 | forth
in this paragraph have ever been charged with a crime and | ||||||
22 | if so, the
disposition of those charges. Unless the criminal | ||||||
23 | histories of the
subjects involved crimes of violence or | ||||||
24 | resident abuse or neglect, the
Department shall be entitled | ||||||
25 | only to information limited in scope to
charges and their | ||||||
26 | dispositions. In cases where prior crimes of violence or
|
| |||||||
| |||||||
1 | resident abuse or neglect are involved, a more detailed report | ||||||
2 | can be made
available to authorized representatives of the | ||||||
3 | Department, pursuant to the
agreements entered into with | ||||||
4 | appropriate law enforcement agencies. Any
criminal charges and | ||||||
5 | their disposition information obtained by the
Department shall | ||||||
6 | be confidential and may not be transmitted outside the
| ||||||
7 | Department, except as required herein, to authorized | ||||||
8 | representatives or
delegates of the Department, and may not be | ||||||
9 | transmitted to anyone within
the Department who is not duly | ||||||
10 | authorized to handle resident abuse or
neglect investigations.
| ||||||
11 | The Department shall effect formal agreements with | ||||||
12 | appropriate law
enforcement agencies in the various counties | ||||||
13 | and communities to encourage
cooperation and coordination in | ||||||
14 | the handling of resident abuse or neglect
cases pursuant to | ||||||
15 | this Act. The Department shall adopt and implement
methods and | ||||||
16 | procedures to promote statewide uniformity in the handling of
| ||||||
17 | reports of abuse and neglect under this Act, and those methods | ||||||
18 | and
procedures shall be adhered to by personnel of the | ||||||
19 | Department involved in
such investigations and reporting. The | ||||||
20 | Department shall also make
information required by this Act | ||||||
21 | available to authorized personnel within
the Department, as | ||||||
22 | well as its authorized representatives.
| ||||||
23 | The Department shall keep a continuing record of all | ||||||
24 | reports made
pursuant to this Act, including indications of the | ||||||
25 | final determination of
any investigation and the final | ||||||
26 | disposition of all reports.
|
| |||||||
| |||||||
1 | The Department shall report annually to the General | ||||||
2 | Assembly on the
incidence of abuse and neglect of long term | ||||||
3 | care facility residents, with
special attention to residents | ||||||
4 | who are mentally disabled. The report shall
include but not be | ||||||
5 | limited to data on the number and source of reports of
| ||||||
6 | suspected abuse or neglect filed under this Act, the nature of | ||||||
7 | any injuries
to residents, the final determination of | ||||||
8 | investigations, the type and
number of cases where abuse or | ||||||
9 | neglect is determined to exist, and the
final disposition of | ||||||
10 | cases.
| ||||||
11 | (Source: P.A. 94-852, eff. 6-13-06; 95-545, eff. 8-28-07.)
| ||||||
12 | (Text of Section after amendment by P.A. 96-339 )
| ||||||
13 | Sec. 6. All reports of suspected abuse or neglect made | ||||||
14 | under this Act
shall be made immediately by telephone to the | ||||||
15 | Department's central register
established under Section 14 on | ||||||
16 | the single, State-wide, toll-free telephone
number established | ||||||
17 | under Section 13, or in person or by telephone through
the | ||||||
18 | nearest Department office. No long term care facility | ||||||
19 | administrator,
agent or employee, or any other person, shall | ||||||
20 | screen reports or otherwise
withhold any reports from the | ||||||
21 | Department, and no long term care facility,
department of State | ||||||
22 | government, or other agency shall establish any rules,
| ||||||
23 | criteria, standards or guidelines to the contrary. Every long | ||||||
24 | term care
facility, department of State government and other | ||||||
25 | agency whose employees
are required to make or cause to be made |
| |||||||
| |||||||
1 | reports under Section 4 shall
notify its employees of the | ||||||
2 | provisions of that Section and of this Section,
and provide to | ||||||
3 | the Department documentation that such notification has been
| ||||||
4 | given. The Department of Human Services and the Department of | ||||||
5 | Healthcare and Family Services shall train all of their its | ||||||
6 | mental health and developmental
disabilities employees in the | ||||||
7 | detection and reporting of suspected
abuse and neglect of | ||||||
8 | residents. Reports made to the central register
through the | ||||||
9 | State-wide, toll-free telephone number shall be transmitted to
| ||||||
10 | appropriate Department offices and municipal health | ||||||
11 | departments that have
responsibility for licensing long term | ||||||
12 | care facilities under the Nursing
Home Care Act or the MR/DD | ||||||
13 | Community Care Act. All reports received through offices of the | ||||||
14 | Department
shall be forwarded to the central register, in a | ||||||
15 | manner and form described
by the Department. The Department | ||||||
16 | shall be capable of receiving reports of
suspected abuse and | ||||||
17 | neglect 24 hours a day, 7 days a week. Reports shall
also be | ||||||
18 | made in writing deposited in the U.S. mail, postage prepaid, | ||||||
19 | within
24 hours after having reasonable cause to believe that | ||||||
20 | the condition of the
resident resulted from abuse or neglect. | ||||||
21 | Such reports may in addition be
made to the local law | ||||||
22 | enforcement agency in the same manner. However, in
the event a | ||||||
23 | report is made to the local law enforcement agency, the
| ||||||
24 | reporter also shall immediately so inform the Department. The | ||||||
25 | Department
shall initiate an investigation of each report of | ||||||
26 | resident abuse and
neglect under this Act, whether oral or |
| |||||||
| |||||||
1 | written, as provided for in Section
3-702 of the Nursing Home | ||||||
2 | Care Act or Section 3-702 of the MR/DD Community Care Act, | ||||||
3 | except that reports of abuse which
indicate that a resident's | ||||||
4 | life or safety is in imminent danger shall be
investigated | ||||||
5 | within 24 hours of such report. The Department may delegate to
| ||||||
6 | law enforcement officials or other public agencies the duty to | ||||||
7 | perform such
investigation.
| ||||||
8 | With respect to investigations of reports of suspected | ||||||
9 | abuse or neglect
of residents of mental health or and | ||||||
10 | developmental disabilities institutions
under the jurisdiction | ||||||
11 | of the Department of
Human Services or the Department of | ||||||
12 | Healthcare and Family Services , the
Department shall transmit
| ||||||
13 | copies of such reports to the Department of State Police, the | ||||||
14 | Department of
Human Services or the Department of Healthcare | ||||||
15 | and Family Services , and the
Inspector General
appointed under | ||||||
16 | Section 1-17 of the Department of Human Services Act or the
| ||||||
17 | Inspector General
appointed under Section 12-13.1 of the | ||||||
18 | Illinois Public Aid Code . If the Department receives a report
| ||||||
19 | of suspected abuse or neglect of a recipient of services as | ||||||
20 | defined in Section
1-123 of the Mental Health and Developmental | ||||||
21 | Disabilities Code, the
Department shall transmit copies of such | ||||||
22 | report to the appropriate Inspector General
and the Directors | ||||||
23 | of the Guardianship and Advocacy Commission and the
agency | ||||||
24 | designated by the Governor pursuant to the Protection and | ||||||
25 | Advocacy
for Developmentally Disabled Persons Act. When | ||||||
26 | requested by the Director
of the Guardianship and Advocacy |
| |||||||
| |||||||
1 | Commission, the agency designated by the
Governor pursuant to | ||||||
2 | the Protection and Advocacy for Developmentally
Disabled | ||||||
3 | Persons Act, or the Department of Financial and Professional | ||||||
4 | Regulation, the Department, the Department of Human Services , | ||||||
5 | the Department of Healthcare and Family Services, and the | ||||||
6 | Department of State Police shall make
available a copy of the | ||||||
7 | final investigative report regarding investigations
conducted | ||||||
8 | by their respective agencies on incidents of suspected abuse or
| ||||||
9 | neglect of residents of mental health or and developmental | ||||||
10 | disabilities
institutions or individuals receiving services at | ||||||
11 | community agencies under the jurisdiction of the Department of | ||||||
12 | Human Services or the Department of Healthcare and Family | ||||||
13 | Services . Such final investigative
report shall not contain | ||||||
14 | witness statements, investigation notes, draft
summaries, | ||||||
15 | results of lie detector tests, investigative files or other raw | ||||||
16 | data
which was used to compile the final investigative report. | ||||||
17 | Specifically, the
final investigative report of the Department | ||||||
18 | of State Police shall mean the
Director's final transmittal | ||||||
19 | letter. The Department of Human Services or the Department of | ||||||
20 | Healthcare and Family Services shall also make available a
copy | ||||||
21 | of the results of disciplinary proceedings of employees | ||||||
22 | involved in
incidents of abuse or neglect to the Directors. All | ||||||
23 | identifiable
information in reports provided shall not be | ||||||
24 | further disclosed except as
provided by the Mental Health and | ||||||
25 | Developmental Disabilities
Confidentiality Act. Nothing in | ||||||
26 | this Section is intended to limit or
construe the power or |
| |||||||
| |||||||
1 | authority granted to the agency designated by the
Governor | ||||||
2 | pursuant to the Protection and Advocacy for Developmentally
| ||||||
3 | Disabled Persons Act, pursuant to any other State or federal | ||||||
4 | statute.
| ||||||
5 | With respect to investigations of reported resident abuse | ||||||
6 | or neglect, the
Department shall effect with appropriate law | ||||||
7 | enforcement agencies formal
agreements concerning methods and | ||||||
8 | procedures for the conduct of investigations
into the criminal | ||||||
9 | histories of any administrator, staff assistant or employee
of | ||||||
10 | the nursing home or other person responsible for the residents | ||||||
11 | care,
as well as for other residents in the nursing home who | ||||||
12 | may be in a position
to abuse, neglect or exploit the patient. | ||||||
13 | Pursuant to the formal agreements
entered into with appropriate | ||||||
14 | law enforcement agencies, the Department may
request | ||||||
15 | information with respect to whether the person or persons set | ||||||
16 | forth
in this paragraph have ever been charged with a crime and | ||||||
17 | if so, the
disposition of those charges. Unless the criminal | ||||||
18 | histories of the
subjects involved crimes of violence or | ||||||
19 | resident abuse or neglect, the
Department shall be entitled | ||||||
20 | only to information limited in scope to
charges and their | ||||||
21 | dispositions. In cases where prior crimes of violence or
| ||||||
22 | resident abuse or neglect are involved, a more detailed report | ||||||
23 | can be made
available to authorized representatives of the | ||||||
24 | Department, pursuant to the
agreements entered into with | ||||||
25 | appropriate law enforcement agencies. Any
criminal charges and | ||||||
26 | their disposition information obtained by the
Department shall |
| |||||||
| |||||||
1 | be confidential and may not be transmitted outside the
| ||||||
2 | Department, except as required herein, to authorized | ||||||
3 | representatives or
delegates of the Department, and may not be | ||||||
4 | transmitted to anyone within
the Department who is not duly | ||||||
5 | authorized to handle resident abuse or
neglect investigations.
| ||||||
6 | The Department shall effect formal agreements with | ||||||
7 | appropriate law
enforcement agencies in the various counties | ||||||
8 | and communities to encourage
cooperation and coordination in | ||||||
9 | the handling of resident abuse or neglect
cases pursuant to | ||||||
10 | this Act. The Department shall adopt and implement
methods and | ||||||
11 | procedures to promote statewide uniformity in the handling of
| ||||||
12 | reports of abuse and neglect under this Act, and those methods | ||||||
13 | and
procedures shall be adhered to by personnel of the | ||||||
14 | Department involved in
such investigations and reporting. The | ||||||
15 | Department shall also make
information required by this Act | ||||||
16 | available to authorized personnel within
the Department, as | ||||||
17 | well as its authorized representatives.
| ||||||
18 | The Department shall keep a continuing record of all | ||||||
19 | reports made
pursuant to this Act, including indications of the | ||||||
20 | final determination of
any investigation and the final | ||||||
21 | disposition of all reports.
| ||||||
22 | The Department shall report annually to the General | ||||||
23 | Assembly on the
incidence of abuse and neglect of long term | ||||||
24 | care facility residents, with
special attention to residents | ||||||
25 | who are mentally disabled. The report shall
include but not be | ||||||
26 | limited to data on the number and source of reports of
|
| |||||||
| |||||||
1 | suspected abuse or neglect filed under this Act, the nature of | ||||||
2 | any injuries
to residents, the final determination of | ||||||
3 | investigations, the type and
number of cases where abuse or | ||||||
4 | neglect is determined to exist, and the
final disposition of | ||||||
5 | cases.
| ||||||
6 | (Source: P.A. 95-545, eff. 8-28-07; 96-339, eff. 7-1-10.)
| ||||||
7 | (210 ILCS 30/14) (from Ch. 111 1/2, par. 4174)
| ||||||
8 | Sec. 14.
There shall be a central register of all cases of | ||||||
9 | suspected
long term care facility resident abuse or neglect | ||||||
10 | reported and maintained
by the Department under this Act. | ||||||
11 | Through the recording of initial,
preliminary, progress, and | ||||||
12 | final reports, the central register shall be
operated in such a | ||||||
13 | manner as to enable the Department to: (1) immediately
identify | ||||||
14 | and locate prior reports or cases of abuse or neglect; (2)
| ||||||
15 | continuously monitor the current status of all cases of abuse | ||||||
16 | or neglect
being provided services under this Act; and (3) | ||||||
17 | regularly evaluate the
effectiveness of existing laws and | ||||||
18 | programs through the development and
analysis of statistical | ||||||
19 | and other information. The Department shall by
rule adopt | ||||||
20 | appropriate standards and procedures for the operation of the
| ||||||
21 | central register, including criteria to be used by long term | ||||||
22 | care facility
employees in determining whether abuse or neglect | ||||||
23 | of a resident is suspected,
and standards and procedures for | ||||||
24 | making reports. The Department shall also
take appropriate | ||||||
25 | steps to ensure that all persons required to make reports
under |
| |||||||
| |||||||
1 | Section 4 are aware of those criteria, standards and | ||||||
2 | procedures. The
Department shall establish, in conjunction | ||||||
3 | with the Department of Human
Services and the Department of | ||||||
4 | Healthcare and Family Services , standards for
evaluating | ||||||
5 | reports of suspected abuse or neglect of recipients of mental | ||||||
6 | health
or developmental disability services to determine if a | ||||||
7 | recipient's life or
safety is in imminent danger, and for | ||||||
8 | classifying other reports of suspected
abuse and neglect for | ||||||
9 | purposes of determining the necessity and schedule of an
| ||||||
10 | investigation.
| ||||||
11 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
12 | Section 1040. The Nursing Home Care Act is amended by | ||||||
13 | changing Section 3-108 as follows:
| ||||||
14 | (210 ILCS 45/3-108) (from Ch. 111 1/2, par. 4153-108)
| ||||||
15 | Sec. 3-108. The Department shall coordinate the functions | ||||||
16 | within State
government affecting facilities licensed under | ||||||
17 | this Act and shall cooperate
with other State agencies which | ||||||
18 | establish standards or requirements for
facilities to assure | ||||||
19 | necessary, equitable, and consistent State supervision
of | ||||||
20 | licensees without unnecessary duplication of survey, | ||||||
21 | evaluation, and
consultation services or complaint | ||||||
22 | investigations. The Department shall
cooperate with the | ||||||
23 | Department of Human Services or the Department of Healthcare | ||||||
24 | and Family Services in regard to facilities
containing more |
| |||||||
| |||||||
1 | than 20%
of residents for whom the Department of Human Services | ||||||
2 | or the Department of Healthcare and Family Services has | ||||||
3 | mandated
follow-up responsibilities under the Mental Health | ||||||
4 | and Developmental
Disabilities
Administrative Act.
| ||||||
5 | The Department shall cooperate with the Department of | ||||||
6 | Healthcare and Family Services in regard
to facilities where | ||||||
7 | recipients of public aid are residents.
| ||||||
8 | The Department shall immediately refer to the Department of | ||||||
9 | Professional
Regulation for investigation any credible | ||||||
10 | evidence of which it has knowledge
that an individual licensed | ||||||
11 | by that Department has violated this Act or any
rule issued | ||||||
12 | under this Act.
| ||||||
13 | The Department shall enter into agreements with other State | ||||||
14 | Departments,
agencies or commissions to effectuate the purpose | ||||||
15 | of this Section.
| ||||||
16 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
17 | Section 1045. The MR/DD Community Care Act is amended by | ||||||
18 | changing Section 3-108 as follows:
| ||||||
19 | (210 ILCS 47/3-108) | ||||||
20 | (This Section may contain text from a Public Act with a | ||||||
21 | delayed effective date )
| ||||||
22 | Sec. 3-108. Cooperation with State agencies. The | ||||||
23 | Department shall coordinate the functions within State | ||||||
24 | government affecting facilities licensed under this Act and |
| |||||||
| |||||||
1 | shall cooperate with other State agencies which establish | ||||||
2 | standards or requirements for facilities to assure necessary, | ||||||
3 | equitable, and consistent State supervision of licensees | ||||||
4 | without unnecessary duplication of survey, evaluation, and | ||||||
5 | consultation services or complaint investigations. The | ||||||
6 | Department shall cooperate with the Department of Human | ||||||
7 | Services or the Department of Healthcare and Family Services in | ||||||
8 | regard to facilities containing more than 20% of residents for | ||||||
9 | whom the Department of Human Services or the Department of | ||||||
10 | Healthcare and Family Services has mandated follow up | ||||||
11 | responsibilities under the Mental Health and Developmental | ||||||
12 | Disabilities Administrative Act.
The Department shall | ||||||
13 | cooperate with the Department of Healthcare and Family Services | ||||||
14 | in regard to facilities where recipients of public aid are | ||||||
15 | residents.
The Department shall immediately refer to the | ||||||
16 | Department of Financial and Professional Regulation (as | ||||||
17 | successor to the Department of Professional Regulation) for | ||||||
18 | investigation any credible evidence of which it has knowledge | ||||||
19 | that an individual licensed by that Department has violated | ||||||
20 | this Act or any rule issued under this Act.
The Department | ||||||
21 | shall enter into agreements with other State Departments, | ||||||
22 | agencies or commissions to effectuate the purpose of this | ||||||
23 | Section.
| ||||||
24 | (Source: P.A. 96-339, eff. 7-1-10.)
| ||||||
25 | Section 1050. The Hospital Licensing Act is amended by |
| |||||||
| |||||||
1 | changing Section 9.1 as follows:
| ||||||
2 | (210 ILCS 85/9.1) (from Ch. 111 1/2, par. 150.1)
| ||||||
3 | Sec. 9.1.
The Department shall regularly inspect each State | ||||||
4 | mental health or
and developmental disabilities institution | ||||||
5 | under the jurisdiction of the
Department of Human Services or | ||||||
6 | the Department of Healthcare and Family Services to ascertain | ||||||
7 | if the institution is complying with
the
regulations applicable | ||||||
8 | to it. Such inspection shall be made at least annually,
and | ||||||
9 | special inspections may be made at the discretion of the | ||||||
10 | Director. The
results of every inspection shall be reported in | ||||||
11 | writing to the Governor, the
Director of the Department, the | ||||||
12 | General Assembly, and any permanent
mental health committee, | ||||||
13 | board or commission that may be established
by the Governor or | ||||||
14 | General Assembly.
| ||||||
15 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
16 | Section 1055. The Pharmacy Practice Act is amended by | ||||||
17 | changing Section 3 as follows:
| ||||||
18 | (225 ILCS 85/3)
| ||||||
19 | (Text of Section before amendment by P.A. 96-339 ) | ||||||
20 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
21 | Sec. 3. Definitions. For the purpose of this Act, except | ||||||
22 | where otherwise
limited therein:
| ||||||
23 | (a) "Pharmacy" or "drugstore" means and includes every |
| |||||||
| |||||||
1 | store, shop,
pharmacy department, or other place where | ||||||
2 | pharmacist
care is
provided
by a pharmacist (1) where drugs, | ||||||
3 | medicines, or poisons are
dispensed, sold or
offered for sale | ||||||
4 | at retail, or displayed for sale at retail; or
(2)
where
| ||||||
5 | prescriptions of physicians, dentists, advanced practice | ||||||
6 | nurses, physician assistants, veterinarians, podiatrists, or
| ||||||
7 | optometrists, within the limits of their
licenses, are
| ||||||
8 | compounded, filled, or dispensed; or (3) which has upon it or
| ||||||
9 | displayed within
it, or affixed to or used in connection with | ||||||
10 | it, a sign bearing the word or
words "Pharmacist", "Druggist", | ||||||
11 | "Pharmacy", "Pharmaceutical
Care", "Apothecary", "Drugstore",
| ||||||
12 | "Medicine Store", "Prescriptions", "Drugs", "Dispensary", | ||||||
13 | "Medicines", or any word
or words of similar or like import, | ||||||
14 | either in the English language
or any other language; or (4) | ||||||
15 | where the characteristic prescription
sign (Rx) or similar | ||||||
16 | design is exhibited; or (5) any store, or
shop,
or other place | ||||||
17 | with respect to which any of the above words, objects,
signs or | ||||||
18 | designs are used in any advertisement.
| ||||||
19 | (b) "Drugs" means and includes (l) articles recognized
in | ||||||
20 | the official United States Pharmacopoeia/National Formulary | ||||||
21 | (USP/NF),
or any supplement thereto and being intended for and | ||||||
22 | having for their
main use the diagnosis, cure, mitigation, | ||||||
23 | treatment or prevention of
disease in man or other animals, as | ||||||
24 | approved by the United States Food and
Drug Administration, but | ||||||
25 | does not include devices or their components, parts,
or | ||||||
26 | accessories; and (2) all other articles intended
for and having |
| |||||||
| |||||||
1 | for their main use the diagnosis, cure, mitigation,
treatment | ||||||
2 | or prevention of disease in man or other animals, as approved
| ||||||
3 | by the United States Food and Drug Administration, but does not | ||||||
4 | include
devices or their components, parts, or accessories; and | ||||||
5 | (3) articles
(other than food) having for their main use and | ||||||
6 | intended
to affect the structure or any function of the body of | ||||||
7 | man or other
animals; and (4) articles having for their main | ||||||
8 | use and intended
for use as a component or any articles | ||||||
9 | specified in clause (l), (2)
or (3); but does not include | ||||||
10 | devices or their components, parts or
accessories.
| ||||||
11 | (c) "Medicines" means and includes all drugs intended for
| ||||||
12 | human or veterinary use approved by the United States Food and | ||||||
13 | Drug
Administration.
| ||||||
14 | (d) "Practice of pharmacy" means (1) the interpretation and | ||||||
15 | the provision of assistance in the monitoring, evaluation, and | ||||||
16 | implementation of prescription drug orders; (2) the dispensing | ||||||
17 | of prescription drug orders; (3) participation in drug and | ||||||
18 | device selection; (4) drug administration limited to the | ||||||
19 | administration of oral, topical, injectable, and inhalation as | ||||||
20 | follows: in the context of patient education on the proper use | ||||||
21 | or delivery of medications; vaccination of patients 14 years of | ||||||
22 | age and older pursuant to a valid prescription or standing | ||||||
23 | order, by a physician licensed to practice medicine in all its | ||||||
24 | branches, upon completion of appropriate training, including | ||||||
25 | how to address contraindications and adverse reactions set | ||||||
26 | forth by rule, with notification to the patient's physician and |
| |||||||
| |||||||
1 | appropriate record retention, or pursuant to hospital pharmacy | ||||||
2 | and therapeutics committee policies and procedures; (5) drug | ||||||
3 | regimen review; (6) drug or drug-related research; (7) the | ||||||
4 | provision of patient counseling; (8) the practice of | ||||||
5 | telepharmacy; (9) the provision of those acts or services | ||||||
6 | necessary to provide pharmacist care; (10) medication therapy | ||||||
7 | management; and (11) the responsibility for compounding and | ||||||
8 | labeling of drugs and devices (except labeling by a | ||||||
9 | manufacturer, repackager, or distributor of non-prescription | ||||||
10 | drugs and commercially packaged legend drugs and devices), | ||||||
11 | proper and safe storage of drugs and devices, and maintenance | ||||||
12 | of required records. A pharmacist who performs any of the acts | ||||||
13 | defined as the practice of pharmacy in this State must be | ||||||
14 | actively licensed as a pharmacist under this Act.
| ||||||
15 | (e) "Prescription" means and includes any written, oral, | ||||||
16 | facsimile, or
electronically transmitted order for drugs
or | ||||||
17 | medical devices, issued by a physician licensed to practice | ||||||
18 | medicine in
all its branches, dentist, veterinarian, or | ||||||
19 | podiatrist, or
optometrist, within the
limits of their | ||||||
20 | licenses, by a physician assistant in accordance with
| ||||||
21 | subsection (f) of Section 4, or by an advanced practice nurse | ||||||
22 | in
accordance with subsection (g) of Section 4, containing the
| ||||||
23 | following: (l) name
of the patient; (2) date when prescription | ||||||
24 | was issued; (3) name
and strength of drug or description of the | ||||||
25 | medical device prescribed;
and (4) quantity, (5) directions for | ||||||
26 | use, (6) prescriber's name,
address
and signature, and (7) DEA |
| |||||||
| |||||||
1 | number where required, for controlled
substances.
DEA numbers | ||||||
2 | shall not be required on inpatient drug orders.
| ||||||
3 | (f) "Person" means and includes a natural person, | ||||||
4 | copartnership,
association, corporation, government entity, or | ||||||
5 | any other legal
entity.
| ||||||
6 | (g) "Department" means the Department of Financial and
| ||||||
7 | Professional Regulation.
| ||||||
8 | (h) "Board of Pharmacy" or "Board" means the State Board
of | ||||||
9 | Pharmacy of the Department of Financial and Professional | ||||||
10 | Regulation.
| ||||||
11 | (i) "Secretary"
means the Secretary
of Financial and | ||||||
12 | Professional Regulation.
| ||||||
13 | (j) "Drug product selection" means the interchange for a
| ||||||
14 | prescribed pharmaceutical product in accordance with Section | ||||||
15 | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | ||||||
16 | Cosmetic Act.
| ||||||
17 | (k) "Inpatient drug order" means an order issued by an | ||||||
18 | authorized
prescriber for a resident or patient of a facility | ||||||
19 | licensed under the
Nursing Home Care Act or the Hospital | ||||||
20 | Licensing Act, or "An Act in relation to
the founding and | ||||||
21 | operation of the University of Illinois Hospital and the
| ||||||
22 | conduct of University of Illinois health care programs", | ||||||
23 | approved July 3, 1931,
as amended, or a facility which is | ||||||
24 | operated by the Department of Human
Services (as successor to | ||||||
25 | the Department of Mental Health
and Developmental | ||||||
26 | Disabilities) or the Department of Corrections.
|
| |||||||
| |||||||
1 | (k-5) "Pharmacist" means an individual health care | ||||||
2 | professional and
provider currently licensed by this State to | ||||||
3 | engage in the practice of
pharmacy.
| ||||||
4 | (l) "Pharmacist in charge" means the licensed pharmacist | ||||||
5 | whose name appears
on a pharmacy license and who is responsible | ||||||
6 | for all aspects of the
operation related to the practice of | ||||||
7 | pharmacy.
| ||||||
8 | (m) "Dispense" or "dispensing" means the interpretation, | ||||||
9 | evaluation, and implementation of a prescription drug order, | ||||||
10 | including the preparation and delivery of a drug or device to a | ||||||
11 | patient or patient's agent in a suitable container | ||||||
12 | appropriately labeled for subsequent administration to or use | ||||||
13 | by a patient in accordance with applicable State and federal | ||||||
14 | laws and regulations.
"Dispense" or "dispensing" does not mean | ||||||
15 | the physical delivery to a patient or a
patient's | ||||||
16 | representative in a home or institution by a designee of a | ||||||
17 | pharmacist
or by common carrier. "Dispense" or "dispensing" | ||||||
18 | also does not mean the physical delivery
of a drug or medical | ||||||
19 | device to a patient or patient's representative by a
| ||||||
20 | pharmacist's designee within a pharmacy or drugstore while the | ||||||
21 | pharmacist is
on duty and the pharmacy is open.
| ||||||
22 | (n) "Nonresident pharmacy"
means a pharmacy that is located | ||||||
23 | in a state, commonwealth, or territory
of the United States, | ||||||
24 | other than Illinois, that delivers, dispenses, or
distributes, | ||||||
25 | through the United States Postal Service, commercially | ||||||
26 | acceptable parcel delivery service, or other common
carrier, to |
| |||||||
| |||||||
1 | Illinois residents, any substance which requires a | ||||||
2 | prescription.
| ||||||
3 | (o) "Compounding" means the preparation and mixing of | ||||||
4 | components, excluding flavorings, (1) as the result of a | ||||||
5 | prescriber's prescription drug order or initiative based on the | ||||||
6 | prescriber-patient-pharmacist relationship in the course of | ||||||
7 | professional practice or (2) for the purpose of, or incident | ||||||
8 | to, research, teaching, or chemical analysis and not for sale | ||||||
9 | or dispensing. "Compounding" includes the preparation of drugs | ||||||
10 | or devices in anticipation of receiving prescription drug | ||||||
11 | orders based on routine, regularly observed dispensing | ||||||
12 | patterns. Commercially available products may be compounded | ||||||
13 | for dispensing to individual patients only if all of the | ||||||
14 | following conditions are met: (i) the commercial product is not | ||||||
15 | reasonably available from normal distribution channels in a | ||||||
16 | timely manner to meet the patient's needs and (ii) the | ||||||
17 | prescribing practitioner has requested that the drug be | ||||||
18 | compounded.
| ||||||
19 | (p) (Blank).
| ||||||
20 | (q) (Blank).
| ||||||
21 | (r) "Patient counseling" means the communication between a | ||||||
22 | pharmacist or a student pharmacist under the supervision of a | ||||||
23 | pharmacist and a patient or the patient's representative about | ||||||
24 | the patient's medication or device for the purpose of | ||||||
25 | optimizing proper use of prescription medications or devices. | ||||||
26 | "Patient counseling" may include without limitation (1) |
| |||||||
| |||||||
1 | obtaining a medication history; (2) acquiring a patient's | ||||||
2 | allergies and health conditions; (3) facilitation of the | ||||||
3 | patient's understanding of the intended use of the medication; | ||||||
4 | (4) proper directions for use; (5) significant potential | ||||||
5 | adverse events; (6) potential food-drug interactions; and (7) | ||||||
6 | the need to be compliant with the medication therapy. A | ||||||
7 | pharmacy technician may only participate in the following | ||||||
8 | aspects of patient counseling under the supervision of a | ||||||
9 | pharmacist: (1) obtaining medication history; (2) providing | ||||||
10 | the offer for counseling by a pharmacist or student pharmacist; | ||||||
11 | and (3) acquiring a patient's allergies and health conditions.
| ||||||
12 | (s) "Patient profiles" or "patient drug therapy record" | ||||||
13 | means the
obtaining, recording, and maintenance of patient | ||||||
14 | prescription
information, including prescriptions for | ||||||
15 | controlled substances, and
personal information.
| ||||||
16 | (t) (Blank).
| ||||||
17 | (u) "Medical device" means an instrument, apparatus, | ||||||
18 | implement, machine,
contrivance, implant, in vitro reagent, or | ||||||
19 | other similar or related article,
including any component part | ||||||
20 | or accessory, required under federal law to
bear the label | ||||||
21 | "Caution: Federal law requires dispensing by or on the order
of | ||||||
22 | a physician". A seller of goods and services who, only for the | ||||||
23 | purpose of
retail sales, compounds, sells, rents, or leases | ||||||
24 | medical devices shall not,
by reasons thereof, be required to | ||||||
25 | be a licensed pharmacy.
| ||||||
26 | (v) "Unique identifier" means an electronic signature, |
| |||||||
| |||||||
1 | handwritten
signature or initials, thumb print, or other | ||||||
2 | acceptable biometric
or electronic identification process as | ||||||
3 | approved by the Department.
| ||||||
4 | (w) "Current usual and customary retail price" means the | ||||||
5 | price that a pharmacy charges to a non-third-party payor.
| ||||||
6 | (x) "Automated pharmacy system" means a mechanical system | ||||||
7 | located within the confines of the pharmacy or remote location | ||||||
8 | that performs operations or activities, other than compounding | ||||||
9 | or administration, relative to storage, packaging, dispensing, | ||||||
10 | or distribution of medication, and which collects, controls, | ||||||
11 | and maintains all transaction information. | ||||||
12 | (y) "Drug regimen review" means and includes the evaluation | ||||||
13 | of prescription drug orders and patient records for (1)
known | ||||||
14 | allergies; (2) drug or potential therapy contraindications;
| ||||||
15 | (3) reasonable dose, duration of use, and route of | ||||||
16 | administration, taking into consideration factors such as age, | ||||||
17 | gender, and contraindications; (4) reasonable directions for | ||||||
18 | use; (5) potential or actual adverse drug reactions; (6) | ||||||
19 | drug-drug interactions; (7) drug-food interactions; (8) | ||||||
20 | drug-disease contraindications; (9) therapeutic duplication; | ||||||
21 | (10) patient laboratory values when authorized and available; | ||||||
22 | (11) proper utilization (including over or under utilization) | ||||||
23 | and optimum therapeutic outcomes; and (12) abuse and misuse.
| ||||||
24 | (z) "Electronic transmission prescription" means any | ||||||
25 | prescription order for which a facsimile or electronic image of | ||||||
26 | the order is electronically transmitted from a licensed |
| |||||||
| |||||||
1 | prescriber to a pharmacy. "Electronic transmission | ||||||
2 | prescription" includes both data and image prescriptions.
| ||||||
3 | (aa) "Medication therapy management services" means a | ||||||
4 | distinct service or group of services offered by licensed | ||||||
5 | pharmacists, physicians licensed to practice medicine in all | ||||||
6 | its branches, advanced practice nurses authorized in a written | ||||||
7 | agreement with a physician licensed to practice medicine in all | ||||||
8 | its branches, or physician assistants authorized in guidelines | ||||||
9 | by a supervising physician that optimize therapeutic outcomes | ||||||
10 | for individual patients through improved medication use. In a | ||||||
11 | retail or other non-hospital pharmacy, medication therapy | ||||||
12 | management services shall consist of the evaluation of | ||||||
13 | prescription drug orders and patient medication records to | ||||||
14 | resolve conflicts with the following: | ||||||
15 | (1) known allergies; | ||||||
16 | (2) drug or potential therapy contraindications; | ||||||
17 | (3) reasonable dose, duration of use, and route of | ||||||
18 | administration, taking into consideration factors such as | ||||||
19 | age, gender, and contraindications; | ||||||
20 | (4) reasonable directions for use; | ||||||
21 | (5) potential or actual adverse drug reactions; | ||||||
22 | (6) drug-drug interactions; | ||||||
23 | (7) drug-food interactions; | ||||||
24 | (8) drug-disease contraindications; | ||||||
25 | (9) identification of therapeutic duplication; | ||||||
26 | (10) patient laboratory values when authorized and |
| |||||||
| |||||||
1 | available; | ||||||
2 | (11) proper utilization (including over or under | ||||||
3 | utilization) and optimum therapeutic outcomes; and | ||||||
4 | (12) drug abuse and misuse. | ||||||
5 | "Medication therapy management services" includes the | ||||||
6 | following: | ||||||
7 | (1) documenting the services delivered and | ||||||
8 | communicating the information provided to patients' | ||||||
9 | prescribers within an appropriate time frame, not to exceed | ||||||
10 | 48 hours; | ||||||
11 | (2) providing patient counseling designed to enhance a | ||||||
12 | patient's understanding and the appropriate use of his or | ||||||
13 | her medications; and | ||||||
14 | (3) providing information, support services, and | ||||||
15 | resources designed to enhance a patient's adherence with | ||||||
16 | his or her prescribed therapeutic regimens.
| ||||||
17 | "Medication therapy management services" may also include | ||||||
18 | patient care functions authorized by a physician licensed to | ||||||
19 | practice medicine in all its branches for his or her identified | ||||||
20 | patient or groups of patients under specified conditions or | ||||||
21 | limitations in a standing order from the physician. | ||||||
22 | "Medication therapy management services" in a licensed | ||||||
23 | hospital may also include the following: | ||||||
24 | (1) reviewing assessments of the patient's health | ||||||
25 | status; and | ||||||
26 | (2) following protocols of a hospital pharmacy and |
| |||||||
| |||||||
1 | therapeutics committee with respect to the fulfillment of | ||||||
2 | medication orders.
| ||||||
3 | (bb) "Pharmacist care" means the provision by a pharmacist | ||||||
4 | of medication therapy management services, with or without the | ||||||
5 | dispensing of drugs or devices, intended to achieve outcomes | ||||||
6 | that improve patient health, quality of life, and comfort and | ||||||
7 | enhance patient safety.
| ||||||
8 | (cc) "Protected health information" means individually | ||||||
9 | identifiable health information that, except as otherwise | ||||||
10 | provided, is:
| ||||||
11 | (1) transmitted by electronic media; | ||||||
12 | (2) maintained in any medium set forth in the | ||||||
13 | definition of "electronic media" in the federal Health | ||||||
14 | Insurance Portability and Accountability Act; or | ||||||
15 | (3) transmitted or maintained in any other form or | ||||||
16 | medium. | ||||||
17 | "Protected health information" does not include individually | ||||||
18 | identifiable health information found in: | ||||||
19 | (1) education records covered by the federal Family | ||||||
20 | Educational Right and Privacy Act; or | ||||||
21 | (2) employment records held by a licensee in its role | ||||||
22 | as an employer. | ||||||
23 | (dd) "Standing order" means a specific order for a patient | ||||||
24 | or group of patients issued by a physician licensed to practice | ||||||
25 | medicine in all its branches in Illinois. | ||||||
26 | (ee) "Address of record" means the address recorded by the |
| |||||||
| |||||||
1 | Department in the applicant's or licensee's application file or | ||||||
2 | license file, as maintained by the Department's licensure | ||||||
3 | maintenance unit. | ||||||
4 | (ff) "Home pharmacy" means the location of a pharmacy's | ||||||
5 | primary operations.
| ||||||
6 | (Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
| ||||||
7 | (Text of Section after amendment by P.A. 96-339 )
| ||||||
8 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
9 | Sec. 3. Definitions. For the purpose of this Act, except | ||||||
10 | where otherwise
limited therein:
| ||||||
11 | (a) "Pharmacy" or "drugstore" means and includes every | ||||||
12 | store, shop,
pharmacy department, or other place where | ||||||
13 | pharmacist
care is
provided
by a pharmacist (1) where drugs, | ||||||
14 | medicines, or poisons are
dispensed, sold or
offered for sale | ||||||
15 | at retail, or displayed for sale at retail; or
(2)
where
| ||||||
16 | prescriptions of physicians, dentists, advanced practice | ||||||
17 | nurses, physician assistants, veterinarians, podiatrists, or
| ||||||
18 | optometrists, within the limits of their
licenses, are
| ||||||
19 | compounded, filled, or dispensed; or (3) which has upon it or
| ||||||
20 | displayed within
it, or affixed to or used in connection with | ||||||
21 | it, a sign bearing the word or
words "Pharmacist", "Druggist", | ||||||
22 | "Pharmacy", "Pharmaceutical
Care", "Apothecary", "Drugstore",
| ||||||
23 | "Medicine Store", "Prescriptions", "Drugs", "Dispensary", | ||||||
24 | "Medicines", or any word
or words of similar or like import, | ||||||
25 | either in the English language
or any other language; or (4) |
| |||||||
| |||||||
1 | where the characteristic prescription
sign (Rx) or similar | ||||||
2 | design is exhibited; or (5) any store, or
shop,
or other place | ||||||
3 | with respect to which any of the above words, objects,
signs or | ||||||
4 | designs are used in any advertisement.
| ||||||
5 | (b) "Drugs" means and includes (l) articles recognized
in | ||||||
6 | the official United States Pharmacopoeia/National Formulary | ||||||
7 | (USP/NF),
or any supplement thereto and being intended for and | ||||||
8 | having for their
main use the diagnosis, cure, mitigation, | ||||||
9 | treatment or prevention of
disease in man or other animals, as | ||||||
10 | approved by the United States Food and
Drug Administration, but | ||||||
11 | does not include devices or their components, parts,
or | ||||||
12 | accessories; and (2) all other articles intended
for and having | ||||||
13 | for their main use the diagnosis, cure, mitigation,
treatment | ||||||
14 | or prevention of disease in man or other animals, as approved
| ||||||
15 | by the United States Food and Drug Administration, but does not | ||||||
16 | include
devices or their components, parts, or accessories; and | ||||||
17 | (3) articles
(other than food) having for their main use and | ||||||
18 | intended
to affect the structure or any function of the body of | ||||||
19 | man or other
animals; and (4) articles having for their main | ||||||
20 | use and intended
for use as a component or any articles | ||||||
21 | specified in clause (l), (2)
or (3); but does not include | ||||||
22 | devices or their components, parts or
accessories.
| ||||||
23 | (c) "Medicines" means and includes all drugs intended for
| ||||||
24 | human or veterinary use approved by the United States Food and | ||||||
25 | Drug
Administration.
| ||||||
26 | (d) "Practice of pharmacy" means (1) the interpretation and |
| |||||||
| |||||||
1 | the provision of assistance in the monitoring, evaluation, and | ||||||
2 | implementation of prescription drug orders; (2) the dispensing | ||||||
3 | of prescription drug orders; (3) participation in drug and | ||||||
4 | device selection; (4) drug administration limited to the | ||||||
5 | administration of oral, topical, injectable, and inhalation as | ||||||
6 | follows: in the context of patient education on the proper use | ||||||
7 | or delivery of medications; vaccination of patients 14 years of | ||||||
8 | age and older pursuant to a valid prescription or standing | ||||||
9 | order, by a physician licensed to practice medicine in all its | ||||||
10 | branches, upon completion of appropriate training, including | ||||||
11 | how to address contraindications and adverse reactions set | ||||||
12 | forth by rule, with notification to the patient's physician and | ||||||
13 | appropriate record retention, or pursuant to hospital pharmacy | ||||||
14 | and therapeutics committee policies and procedures; (5) drug | ||||||
15 | regimen review; (6) drug or drug-related research; (7) the | ||||||
16 | provision of patient counseling; (8) the practice of | ||||||
17 | telepharmacy; (9) the provision of those acts or services | ||||||
18 | necessary to provide pharmacist care; (10) medication therapy | ||||||
19 | management; and (11) the responsibility for compounding and | ||||||
20 | labeling of drugs and devices (except labeling by a | ||||||
21 | manufacturer, repackager, or distributor of non-prescription | ||||||
22 | drugs and commercially packaged legend drugs and devices), | ||||||
23 | proper and safe storage of drugs and devices, and maintenance | ||||||
24 | of required records. A pharmacist who performs any of the acts | ||||||
25 | defined as the practice of pharmacy in this State must be | ||||||
26 | actively licensed as a pharmacist under this Act.
|
| |||||||
| |||||||
1 | (e) "Prescription" means and includes any written, oral, | ||||||
2 | facsimile, or
electronically transmitted order for drugs
or | ||||||
3 | medical devices, issued by a physician licensed to practice | ||||||
4 | medicine in
all its branches, dentist, veterinarian, or | ||||||
5 | podiatrist, or
optometrist, within the
limits of their | ||||||
6 | licenses, by a physician assistant in accordance with
| ||||||
7 | subsection (f) of Section 4, or by an advanced practice nurse | ||||||
8 | in
accordance with subsection (g) of Section 4, containing the
| ||||||
9 | following: (l) name
of the patient; (2) date when prescription | ||||||
10 | was issued; (3) name
and strength of drug or description of the | ||||||
11 | medical device prescribed;
and (4) quantity, (5) directions for | ||||||
12 | use, (6) prescriber's name,
address
and signature, and (7) DEA | ||||||
13 | number where required, for controlled
substances.
DEA numbers | ||||||
14 | shall not be required on inpatient drug orders.
| ||||||
15 | (f) "Person" means and includes a natural person, | ||||||
16 | copartnership,
association, corporation, government entity, or | ||||||
17 | any other legal
entity.
| ||||||
18 | (g) "Department" means the Department of Financial and
| ||||||
19 | Professional Regulation.
| ||||||
20 | (h) "Board of Pharmacy" or "Board" means the State Board
of | ||||||
21 | Pharmacy of the Department of Financial and Professional | ||||||
22 | Regulation.
| ||||||
23 | (i) "Secretary"
means the Secretary
of Financial and | ||||||
24 | Professional Regulation.
| ||||||
25 | (j) "Drug product selection" means the interchange for a
| ||||||
26 | prescribed pharmaceutical product in accordance with Section |
| |||||||
| |||||||
1 | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | ||||||
2 | Cosmetic Act.
| ||||||
3 | (k) "Inpatient drug order" means an order issued by an | ||||||
4 | authorized
prescriber for a resident or patient of a facility | ||||||
5 | licensed under the
Nursing Home Care Act, the MR/DD Community | ||||||
6 | Care Act, or the Hospital Licensing Act, or "An Act in relation | ||||||
7 | to
the founding and operation of the University of Illinois | ||||||
8 | Hospital and the
conduct of University of Illinois health care | ||||||
9 | programs", approved July 3, 1931,
as amended, or a mental | ||||||
10 | health or developmental disabilities facility which is | ||||||
11 | operated by the Department of Healthcare and Family Services or | ||||||
12 | the Department of Human
Services , (as successor to the | ||||||
13 | Department of Mental Health
and Developmental Disabilities) or | ||||||
14 | a facility which is operated by the Department of Corrections.
| ||||||
15 | (k-5) "Pharmacist" means an individual health care | ||||||
16 | professional and
provider currently licensed by this State to | ||||||
17 | engage in the practice of
pharmacy.
| ||||||
18 | (l) "Pharmacist in charge" means the licensed pharmacist | ||||||
19 | whose name appears
on a pharmacy license and who is responsible | ||||||
20 | for all aspects of the
operation related to the practice of | ||||||
21 | pharmacy.
| ||||||
22 | (m) "Dispense" or "dispensing" means the interpretation, | ||||||
23 | evaluation, and implementation of a prescription drug order, | ||||||
24 | including the preparation and delivery of a drug or device to a | ||||||
25 | patient or patient's agent in a suitable container | ||||||
26 | appropriately labeled for subsequent administration to or use |
| |||||||
| |||||||
1 | by a patient in accordance with applicable State and federal | ||||||
2 | laws and regulations.
"Dispense" or "dispensing" does not mean | ||||||
3 | the physical delivery to a patient or a
patient's | ||||||
4 | representative in a home or institution by a designee of a | ||||||
5 | pharmacist
or by common carrier. "Dispense" or "dispensing" | ||||||
6 | also does not mean the physical delivery
of a drug or medical | ||||||
7 | device to a patient or patient's representative by a
| ||||||
8 | pharmacist's designee within a pharmacy or drugstore while the | ||||||
9 | pharmacist is
on duty and the pharmacy is open.
| ||||||
10 | (n) "Nonresident pharmacy"
means a pharmacy that is located | ||||||
11 | in a state, commonwealth, or territory
of the United States, | ||||||
12 | other than Illinois, that delivers, dispenses, or
distributes, | ||||||
13 | through the United States Postal Service, commercially | ||||||
14 | acceptable parcel delivery service, or other common
carrier, to | ||||||
15 | Illinois residents, any substance which requires a | ||||||
16 | prescription.
| ||||||
17 | (o) "Compounding" means the preparation and mixing of | ||||||
18 | components, excluding flavorings, (1) as the result of a | ||||||
19 | prescriber's prescription drug order or initiative based on the | ||||||
20 | prescriber-patient-pharmacist relationship in the course of | ||||||
21 | professional practice or (2) for the purpose of, or incident | ||||||
22 | to, research, teaching, or chemical analysis and not for sale | ||||||
23 | or dispensing. "Compounding" includes the preparation of drugs | ||||||
24 | or devices in anticipation of receiving prescription drug | ||||||
25 | orders based on routine, regularly observed dispensing | ||||||
26 | patterns. Commercially available products may be compounded |
| |||||||
| |||||||
1 | for dispensing to individual patients only if all of the | ||||||
2 | following conditions are met: (i) the commercial product is not | ||||||
3 | reasonably available from normal distribution channels in a | ||||||
4 | timely manner to meet the patient's needs and (ii) the | ||||||
5 | prescribing practitioner has requested that the drug be | ||||||
6 | compounded.
| ||||||
7 | (p) (Blank).
| ||||||
8 | (q) (Blank).
| ||||||
9 | (r) "Patient counseling" means the communication between a | ||||||
10 | pharmacist or a student pharmacist under the supervision of a | ||||||
11 | pharmacist and a patient or the patient's representative about | ||||||
12 | the patient's medication or device for the purpose of | ||||||
13 | optimizing proper use of prescription medications or devices. | ||||||
14 | "Patient counseling" may include without limitation (1) | ||||||
15 | obtaining a medication history; (2) acquiring a patient's | ||||||
16 | allergies and health conditions; (3) facilitation of the | ||||||
17 | patient's understanding of the intended use of the medication; | ||||||
18 | (4) proper directions for use; (5) significant potential | ||||||
19 | adverse events; (6) potential food-drug interactions; and (7) | ||||||
20 | the need to be compliant with the medication therapy. A | ||||||
21 | pharmacy technician may only participate in the following | ||||||
22 | aspects of patient counseling under the supervision of a | ||||||
23 | pharmacist: (1) obtaining medication history; (2) providing | ||||||
24 | the offer for counseling by a pharmacist or student pharmacist; | ||||||
25 | and (3) acquiring a patient's allergies and health conditions.
| ||||||
26 | (s) "Patient profiles" or "patient drug therapy record" |
| |||||||
| |||||||
1 | means the
obtaining, recording, and maintenance of patient | ||||||
2 | prescription
information, including prescriptions for | ||||||
3 | controlled substances, and
personal information.
| ||||||
4 | (t) (Blank).
| ||||||
5 | (u) "Medical device" means an instrument, apparatus, | ||||||
6 | implement, machine,
contrivance, implant, in vitro reagent, or | ||||||
7 | other similar or related article,
including any component part | ||||||
8 | or accessory, required under federal law to
bear the label | ||||||
9 | "Caution: Federal law requires dispensing by or on the order
of | ||||||
10 | a physician". A seller of goods and services who, only for the | ||||||
11 | purpose of
retail sales, compounds, sells, rents, or leases | ||||||
12 | medical devices shall not,
by reasons thereof, be required to | ||||||
13 | be a licensed pharmacy.
| ||||||
14 | (v) "Unique identifier" means an electronic signature, | ||||||
15 | handwritten
signature or initials, thumb print, or other | ||||||
16 | acceptable biometric
or electronic identification process as | ||||||
17 | approved by the Department.
| ||||||
18 | (w) "Current usual and customary retail price" means the | ||||||
19 | price that a pharmacy charges to a non-third-party payor.
| ||||||
20 | (x) "Automated pharmacy system" means a mechanical system | ||||||
21 | located within the confines of the pharmacy or remote location | ||||||
22 | that performs operations or activities, other than compounding | ||||||
23 | or administration, relative to storage, packaging, dispensing, | ||||||
24 | or distribution of medication, and which collects, controls, | ||||||
25 | and maintains all transaction information. | ||||||
26 | (y) "Drug regimen review" means and includes the evaluation |
| |||||||
| |||||||
1 | of prescription drug orders and patient records for (1)
known | ||||||
2 | allergies; (2) drug or potential therapy contraindications;
| ||||||
3 | (3) reasonable dose, duration of use, and route of | ||||||
4 | administration, taking into consideration factors such as age, | ||||||
5 | gender, and contraindications; (4) reasonable directions for | ||||||
6 | use; (5) potential or actual adverse drug reactions; (6) | ||||||
7 | drug-drug interactions; (7) drug-food interactions; (8) | ||||||
8 | drug-disease contraindications; (9) therapeutic duplication; | ||||||
9 | (10) patient laboratory values when authorized and available; | ||||||
10 | (11) proper utilization (including over or under utilization) | ||||||
11 | and optimum therapeutic outcomes; and (12) abuse and misuse.
| ||||||
12 | (z) "Electronic transmission prescription" means any | ||||||
13 | prescription order for which a facsimile or electronic image of | ||||||
14 | the order is electronically transmitted from a licensed | ||||||
15 | prescriber to a pharmacy. "Electronic transmission | ||||||
16 | prescription" includes both data and image prescriptions.
| ||||||
17 | (aa) "Medication therapy management services" means a | ||||||
18 | distinct service or group of services offered by licensed | ||||||
19 | pharmacists, physicians licensed to practice medicine in all | ||||||
20 | its branches, advanced practice nurses authorized in a written | ||||||
21 | agreement with a physician licensed to practice medicine in all | ||||||
22 | its branches, or physician assistants authorized in guidelines | ||||||
23 | by a supervising physician that optimize therapeutic outcomes | ||||||
24 | for individual patients through improved medication use. In a | ||||||
25 | retail or other non-hospital pharmacy, medication therapy | ||||||
26 | management services shall consist of the evaluation of |
| |||||||
| |||||||
1 | prescription drug orders and patient medication records to | ||||||
2 | resolve conflicts with the following: | ||||||
3 | (1) known allergies; | ||||||
4 | (2) drug or potential therapy contraindications; | ||||||
5 | (3) reasonable dose, duration of use, and route of | ||||||
6 | administration, taking into consideration factors such as | ||||||
7 | age, gender, and contraindications; | ||||||
8 | (4) reasonable directions for use; | ||||||
9 | (5) potential or actual adverse drug reactions; | ||||||
10 | (6) drug-drug interactions; | ||||||
11 | (7) drug-food interactions; | ||||||
12 | (8) drug-disease contraindications; | ||||||
13 | (9) identification of therapeutic duplication; | ||||||
14 | (10) patient laboratory values when authorized and | ||||||
15 | available; | ||||||
16 | (11) proper utilization (including over or under | ||||||
17 | utilization) and optimum therapeutic outcomes; and | ||||||
18 | (12) drug abuse and misuse. | ||||||
19 | "Medication therapy management services" includes the | ||||||
20 | following: | ||||||
21 | (1) documenting the services delivered and | ||||||
22 | communicating the information provided to patients' | ||||||
23 | prescribers within an appropriate time frame, not to exceed | ||||||
24 | 48 hours; | ||||||
25 | (2) providing patient counseling designed to enhance a | ||||||
26 | patient's understanding and the appropriate use of his or |
| |||||||
| |||||||
1 | her medications; and | ||||||
2 | (3) providing information, support services, and | ||||||
3 | resources designed to enhance a patient's adherence with | ||||||
4 | his or her prescribed therapeutic regimens.
| ||||||
5 | "Medication therapy management services" may also include | ||||||
6 | patient care functions authorized by a physician licensed to | ||||||
7 | practice medicine in all its branches for his or her identified | ||||||
8 | patient or groups of patients under specified conditions or | ||||||
9 | limitations in a standing order from the physician. | ||||||
10 | "Medication therapy management services" in a licensed | ||||||
11 | hospital may also include the following: | ||||||
12 | (1) reviewing assessments of the patient's health | ||||||
13 | status; and | ||||||
14 | (2) following protocols of a hospital pharmacy and | ||||||
15 | therapeutics committee with respect to the fulfillment of | ||||||
16 | medication orders.
| ||||||
17 | (bb) "Pharmacist care" means the provision by a pharmacist | ||||||
18 | of medication therapy management services, with or without the | ||||||
19 | dispensing of drugs or devices, intended to achieve outcomes | ||||||
20 | that improve patient health, quality of life, and comfort and | ||||||
21 | enhance patient safety.
| ||||||
22 | (cc) "Protected health information" means individually | ||||||
23 | identifiable health information that, except as otherwise | ||||||
24 | provided, is:
| ||||||
25 | (1) transmitted by electronic media; | ||||||
26 | (2) maintained in any medium set forth in the |
| |||||||
| |||||||
1 | definition of "electronic media" in the federal Health | ||||||
2 | Insurance Portability and Accountability Act; or | ||||||
3 | (3) transmitted or maintained in any other form or | ||||||
4 | medium. | ||||||
5 | "Protected health information" does not include individually | ||||||
6 | identifiable health information found in: | ||||||
7 | (1) education records covered by the federal Family | ||||||
8 | Educational Right and Privacy Act; or | ||||||
9 | (2) employment records held by a licensee in its role | ||||||
10 | as an employer. | ||||||
11 | (dd) "Standing order" means a specific order for a patient | ||||||
12 | or group of patients issued by a physician licensed to practice | ||||||
13 | medicine in all its branches in Illinois. | ||||||
14 | (ee) "Address of record" means the address recorded by the | ||||||
15 | Department in the applicant's or licensee's application file or | ||||||
16 | license file, as maintained by the Department's licensure | ||||||
17 | maintenance unit. | ||||||
18 | (ff) "Home pharmacy" means the location of a pharmacy's | ||||||
19 | primary operations.
| ||||||
20 | (Source: P.A. 95-689, eff. 10-29-07; 96-339, eff. 7-1-10; | ||||||
21 | 96-673, eff. 1-1-10; revised 10-1-09.)
| ||||||
22 | Section 1060. The Physician Assistant Practice Act of 1987 | ||||||
23 | is amended by changing Section 7 as follows:
| ||||||
24 | (225 ILCS 95/7) (from Ch. 111, par. 4607)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
2 | Sec. 7. Supervision requirements. | ||||||
3 | (a) No more than 2 physician
assistants shall be supervised
| ||||||
4 | by
the supervising physician, although a physician assistant | ||||||
5 | shall be able to
hold more than one professional position. Each | ||||||
6 | supervising physician shall
file a notice of supervision of | ||||||
7 | such physician assistant according to the
rules of the | ||||||
8 | Department. However, the alternate supervising physician may
| ||||||
9 | supervise more than 2 physician assistants when
the supervising
| ||||||
10 | physician
is unable to provide such supervision consistent with | ||||||
11 | the definition of
alternate physician in Section 4. It is the | ||||||
12 | responsibility of the supervising physician to maintain | ||||||
13 | documentation each time he or she has designated an alternative | ||||||
14 | supervising physician. This documentation shall include the | ||||||
15 | date alternate supervisory control began, the date alternate | ||||||
16 | supervisory control ended, and any other changes. A supervising | ||||||
17 | physician shall provide a copy of this documentation to the | ||||||
18 | Department, upon request.
| ||||||
19 | Physician assistants shall be supervised only by | ||||||
20 | physicians as defined in
this Act
who are engaged in clinical | ||||||
21 | practice, or in clinical practice in
public health or other | ||||||
22 | community health facilities.
| ||||||
23 | Nothing in this Act shall be construed to limit the | ||||||
24 | delegation of tasks or
duties by a physician to a nurse or | ||||||
25 | other appropriately trained personnel.
| ||||||
26 | Nothing in this Act
shall be construed to prohibit the |
| |||||||
| |||||||
1 | employment of physician assistants by
a hospital, nursing home | ||||||
2 | or other health care facility where such physician
assistants | ||||||
3 | function under the supervision of a supervising physician.
| ||||||
4 | Physician assistants may be employed by the Department of | ||||||
5 | Corrections or
the Department of Human Services or the | ||||||
6 | Department of Healthcare and Family Services (as successors | ||||||
7 | successor to the Department of Mental
Health and Developmental | ||||||
8 | Disabilities) for service in
facilities maintained by such | ||||||
9 | Departments and affiliated training
facilities in programs | ||||||
10 | conducted under the authority of the Director of
Corrections , | ||||||
11 | or the Secretary of Human Services , or the Director of | ||||||
12 | Healthcare and Family Services . Each physician assistant
| ||||||
13 | employed by the Department of Corrections or the Department of | ||||||
14 | Human Services or the Department of Healthcare and Family | ||||||
15 | Services
(as successors successor to the Department of Mental | ||||||
16 | Health and
Developmental Disabilities) shall be under the | ||||||
17 | supervision of a physician
engaged in clinical practice and | ||||||
18 | direct patient care. Duties of each
physician assistant | ||||||
19 | employed by such Departments are limited to those
within the | ||||||
20 | scope of practice of the supervising physician who is fully
| ||||||
21 | responsible for all physician assistant activities.
| ||||||
22 | A physician assistant may be employed by a practice group | ||||||
23 | or other entity
employing multiple physicians at one or more | ||||||
24 | locations. In that case, one of
the
physicians practicing at a | ||||||
25 | location shall be designated the supervising
physician. The | ||||||
26 | other physicians with that practice group or other entity who
|
| |||||||
| |||||||
1 | practice in the same general type of practice or specialty
as | ||||||
2 | the supervising physician may supervise the physician | ||||||
3 | assistant with respect
to their patients without being deemed | ||||||
4 | alternate supervising physicians for the
purpose of this Act.
| ||||||
5 | (b) A physician assistant licensed in this State, or | ||||||
6 | licensed or authorized to practice in any other U.S. | ||||||
7 | jurisdiction or credentialed by his or her federal employer as | ||||||
8 | a physician assistant, who is responding to a need for medical | ||||||
9 | care created by an emergency or by a state or local disaster | ||||||
10 | may render such care that the physician assistant is able to | ||||||
11 | provide without supervision as it is defined in this Section or | ||||||
12 | with such supervision as is available.
For purposes of this | ||||||
13 | Section, an "emergency situation" shall not include one that | ||||||
14 | occurs in the place of one's employment. | ||||||
15 | Any physician who supervises a physician assistant | ||||||
16 | providing medical care in response to such an emergency or | ||||||
17 | state or local disaster shall not be required to meet the | ||||||
18 | requirements set forth in this Section for a supervising | ||||||
19 | physician. | ||||||
20 | (Source: P.A. 95-703, eff. 12-31-07; 96-70, eff. 7-23-09.)
| ||||||
21 | Section 1065. The Illinois Public Aid Code is amended by | ||||||
22 | changing Sections 3-1.4, 4-1.2a, 5-5.23, 6-1.3a, 12-4.5, | ||||||
23 | 12-13.1, and 14-8 and adding Section 12-13.1a as follows:
| ||||||
24 | (305 ILCS 5/3-1.4) (from Ch. 23, par. 3-1.4)
|
| |||||||
| |||||||
1 | Sec. 3-1.4. Residents of public institutions. Residents of | ||||||
2 | municipal,
county, state or national institutions for persons | ||||||
3 | with mental illness or
persons with a developmental disability | ||||||
4 | or for the tuberculous, or residents of
a home or other | ||||||
5 | institution maintained by such governmental bodies when not in
| ||||||
6 | need of institutional care because of sickness, convalescence, | ||||||
7 | infirmity, or
chronic illness, and inmates of penal or | ||||||
8 | correctional institutions maintained
by such governmental | ||||||
9 | bodies, may qualify for aid under this Article only after
they | ||||||
10 | have ceased to be residents or inmates, but they may apply in | ||||||
11 | advance of
their discharge. Applications received from | ||||||
12 | residents scheduled for discharge
from such institutions shall | ||||||
13 | be processed by the Department in an expeditious
manner. For | ||||||
14 | persons whose applications are approved, the date of | ||||||
15 | eligibility
shall be the date of release from the institution.
| ||||||
16 | A person shall not be deemed a resident of a State | ||||||
17 | institution for persons
with mental illness or persons with a | ||||||
18 | developmental disability within the
meaning of this Section if | ||||||
19 | he or she has been conditionally discharged by
the Department | ||||||
20 | of Mental Health and Developmental Disabilities or the
| ||||||
21 | Department of Human Services or the Department of Healthcare | ||||||
22 | and Family Services (acting as successor to the Department of | ||||||
23 | Mental
Health and Developmental Disabilities) and is no longer | ||||||
24 | residing in the
institution.
| ||||||
25 | Recipients of benefits under this Article who become | ||||||
26 | residents of such
institutions shall be permitted a period of |
| |||||||
| |||||||
1 | up to 30 days in such
institutions without suspension or | ||||||
2 | termination of eligibility; if residency
in an institution | ||||||
3 | extends beyond 30 days the eligibility for all benefits
except | ||||||
4 | Aid to Families with Dependent Children shall be suspended.
| ||||||
5 | Benefits shall be restored, effective on the date of discharge | ||||||
6 | or release,
for persons who are residents of institutions. | ||||||
7 | Within a reasonable time
after the discharge of a person who | ||||||
8 | was a resident of an institution, the
Department shall | ||||||
9 | redetermine the eligibility of such person.
| ||||||
10 | The Department shall provide for procedures to expedite the | ||||||
11 | determination of
disability of persons scheduled to be | ||||||
12 | discharged from facilities operated
by the Department.
| ||||||
13 | If federal law or regulations governing grants under this | ||||||
14 | Article permit
the inclusion of persons who are residents of | ||||||
15 | institutions designated in
this Section beyond the period | ||||||
16 | authorized herein, the Illinois Department, upon
a | ||||||
17 | determination that the appropriations for public aid are | ||||||
18 | sufficient for such
purpose, and upon approval of the Governor, | ||||||
19 | may provide by general and uniform
rule for the waiver of the | ||||||
20 | provisions of this Section which would otherwise
disqualify | ||||||
21 | such person for aid under this Article.
| ||||||
22 | (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
| ||||||
23 | (305 ILCS 5/4-1.2a) (from Ch. 23, par. 4-1.2a)
| ||||||
24 | Sec. 4-1.2a. Residents of public institutions. Residents | ||||||
25 | of municipal,
county, state or national institutions for |
| |||||||
| |||||||
1 | persons with mental illness or
persons with a developmental | ||||||
2 | disability or for the tuberculous, or residents of
a home or | ||||||
3 | other institution maintained by such governmental bodies when | ||||||
4 | not in
need of institutional care because of sickness, | ||||||
5 | convalescence, infirmity, or
chronic illness, and inmates of | ||||||
6 | penal or correctional institutions maintained
by such | ||||||
7 | governmental bodies, may qualify for aid under this Article | ||||||
8 | only after
they have ceased to be residents or inmates.
| ||||||
9 | A person shall not be deemed a resident of a State | ||||||
10 | institution for persons
with mental illness or persons with a | ||||||
11 | developmental disability within the
meaning of this Section if | ||||||
12 | he or she has been conditionally discharged by
the Department | ||||||
13 | of Mental Health and Developmental Disabilities or the
| ||||||
14 | Department of Human Services or the Department of Healthcare | ||||||
15 | and Family Services (acting as successor to the Department of | ||||||
16 | Mental
Health and Developmental Disabilities) and is no longer | ||||||
17 | residing in the
institution.
| ||||||
18 | Recipients of benefits under this Article who become | ||||||
19 | residents of such
institutions shall be permitted a period of | ||||||
20 | up to 30 days in such institutions
without suspension or | ||||||
21 | termination of eligibility. Benefits for which such
person is | ||||||
22 | eligible shall be restored, effective on the date of discharge | ||||||
23 | or
release, for persons who are residents of institutions. | ||||||
24 | Within a reasonable
time after the discharge of a person who | ||||||
25 | was a resident of an institution, the
Department shall | ||||||
26 | redetermine the eligibility of such person.
|
| |||||||
| |||||||
1 | The Department shall provide for procedures to expedite the | ||||||
2 | determination of
incapacity
or ability to engage in employment | ||||||
3 | of persons scheduled to be discharged from
facilities operated | ||||||
4 | by the Department.
| ||||||
5 | (Source: P.A. 92-111, eff. 1-1-02.)
| ||||||
6 | (305 ILCS 5/5-5.23)
| ||||||
7 | Sec. 5-5.23. Children's mental health services.
| ||||||
8 | (a) The Department of Healthcare and Family Services, by | ||||||
9 | rule, shall require the screening and
assessment of
a child | ||||||
10 | prior to any Medicaid-funded admission to an inpatient hospital | ||||||
11 | for
psychiatric
services to be funded by Medicaid. The | ||||||
12 | screening and assessment shall include a
determination of the | ||||||
13 | appropriateness and availability of out-patient support
| ||||||
14 | services
for necessary treatment. The Department, by rule, | ||||||
15 | shall establish methods and
standards of payment for the | ||||||
16 | screening, assessment, and necessary alternative
support
| ||||||
17 | services.
| ||||||
18 | (b) The Department of Healthcare and Family Services, to | ||||||
19 | the extent allowable under federal law,
shall secure federal | ||||||
20 | financial participation for Individual Care Grant
expenditures | ||||||
21 | made by the Department or
by the Department of Human Services | ||||||
22 | for the Medicaid optional service
authorized under
Section | ||||||
23 | 1905(h) of the federal Social Security Act, pursuant to the | ||||||
24 | provisions
of Section
7.1 of the Mental Health and | ||||||
25 | Developmental Disabilities Administrative Act.
|
| |||||||
| |||||||
1 | (c) The Department of Healthcare and Family Services shall | ||||||
2 | work jointly with the Department of
Human Services to implement | ||||||
3 | subsections (a) and (b).
| ||||||
4 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
5 | (305 ILCS 5/6-1.3a) (from Ch. 23, par. 6-1.3a)
| ||||||
6 | Sec. 6-1.3a. Residents of public institutions. Residents | ||||||
7 | of municipal,
county, state or national institutions for | ||||||
8 | persons with mental illness or
persons with a developmental | ||||||
9 | disability or for the tuberculous, or residents of
a home or | ||||||
10 | other institution maintained by such governmental bodies when | ||||||
11 | not in
need of institutional care because of sickness, | ||||||
12 | convalescence, infirmity, or
chronic illness, and inmates of | ||||||
13 | penal or correctional institutions maintained
by such | ||||||
14 | governmental bodies, may qualify for aid under this Article | ||||||
15 | only after
they have ceased to be residents or inmates.
| ||||||
16 | A person shall not be deemed a resident of a state | ||||||
17 | institution for persons
with mental illness or persons with a | ||||||
18 | developmental disability within the
meaning of this Section if | ||||||
19 | he has been conditionally discharged by the
Department of | ||||||
20 | Mental Health and Developmental Disabilities or the Department
| ||||||
21 | of Human Services or the Department of Healthcare and Family | ||||||
22 | Services (acting as successor to the Department of Mental | ||||||
23 | Health and
Developmental Disabilities) and is no longer | ||||||
24 | residing in the institution.
| ||||||
25 | Recipients of benefits under this Article who become |
| |||||||
| |||||||
1 | residents of such
institutions shall be permitted a period of | ||||||
2 | up to 30 days in such institutions
without suspension or | ||||||
3 | termination of eligibility. Benefits for which such
person is | ||||||
4 | eligible shall be restored, effective on the date of discharge | ||||||
5 | or
release, for persons who are residents of institutions. | ||||||
6 | Within a reasonable
time after the discharge of a person who | ||||||
7 | was a resident of an institution, the
Department shall | ||||||
8 | redetermine the eligibility of such person.
| ||||||
9 | The Department shall provide for procedures to expedite the | ||||||
10 | determination of
ability to engage in employment of persons | ||||||
11 | scheduled to be discharged from
facilities operated by the | ||||||
12 | Department.
| ||||||
13 | (Source: P.A. 92-111, eff. 1-1-02.)
| ||||||
14 | (305 ILCS 5/12-4.5) (from Ch. 23, par. 12-4.5)
| ||||||
15 | Sec. 12-4.5. Co-operation with Federal Government. | ||||||
16 | Co-operate with the Federal Department of Health and Human | ||||||
17 | Services,
or with any successor agency thereof, or with any | ||||||
18 | other agency of
the Federal Government providing federal funds, | ||||||
19 | commodities, or aid, for
public aid and other purposes, in any | ||||||
20 | reasonable manner not contrary to
this Code, as may be | ||||||
21 | necessary to qualify for federal aid for the several
public aid | ||||||
22 | and welfare service programs established under this Code,
| ||||||
23 | including the costs of administration and personnel training | ||||||
24 | incurred
thereunder, and for such other aid, welfare and | ||||||
25 | related programs for which
federal aid may be available.
|
| |||||||
| |||||||
1 | The Department of Human Services may supervise the | ||||||
2 | administration of food
and shelter
assistance under this | ||||||
3 | Section for which the Department of Human Services is
| ||||||
4 | authorized to
receive funds from federal, State and private | ||||||
5 | sources. Under such terms as
the Department of Human Services | ||||||
6 | may establish, such monies may be
distributed to units of
local | ||||||
7 | government and non-profit agencies for the purpose of provision | ||||||
8 | of
temporary shelter and food assistance. Temporary shelter | ||||||
9 | means
emergency and transitional living arrangements, | ||||||
10 | including related
ancillary services. Allowable costs shall | ||||||
11 | include remodeling costs but
shall not include other costs not | ||||||
12 | directly related to direct service
provision.
| ||||||
13 | The Department of Healthcare and Family Services and the | ||||||
14 | Department of Human Services may provide low income families | ||||||
15 | and individuals appropriate
supportive services on site to | ||||||
16 | enhance their ability to maintain independent
living | ||||||
17 | arrangements or may contract for the provision of those | ||||||
18 | services on site
with entities that develop or operate housing | ||||||
19 | developments, governmental units,
community based | ||||||
20 | organizations, or not for profit organizations. Those living
| ||||||
21 | arrangements may include transitional housing, single-room | ||||||
22 | occupancy (SRO)
housing developments, or family housing | ||||||
23 | developments. Supportive services may
include any service | ||||||
24 | authorized under this the Public Aid Code including, but not
| ||||||
25 | limited to, services relating to substance abuse, mental | ||||||
26 | health,
transportation, child care, or case management. When |
| |||||||
| |||||||
1 | appropriate, the Department of Healthcare and Family Services | ||||||
2 | and the
Department of Human Services shall work with other | ||||||
3 | State agencies in order to coordinate services
and to maximize | ||||||
4 | funding. The Department of Healthcare and Family Services and | ||||||
5 | the
Department of Human Services shall give priority for | ||||||
6 | services to residents
of housing
developments
which have been | ||||||
7 | funded by or have a commitment of funds from the Illinois
| ||||||
8 | Housing Development Authority.
| ||||||
9 | The Department of Human Services shall promulgate specific | ||||||
10 | rules
governing the
selection of Distribution Network Agencies | ||||||
11 | under the Federal Surplus
Commodity Program including, but not | ||||||
12 | limited to, policies relative to the
termination of contracts, | ||||||
13 | policies relative to fraud and abuse, appeals
processes, and | ||||||
14 | information relative to application and selection processes.
| ||||||
15 | The Department of Human Services shall also promulgate specific | ||||||
16 | rules that set forth the
information required to be contained | ||||||
17 | in the cost reports to be submitted by
each Distribution | ||||||
18 | Network Agency to the Department of Human Services.
| ||||||
19 | The Department of Human Services shall cooperate with units | ||||||
20 | of local government and
non-profit agencies in the development | ||||||
21 | and implementation of plans to
assure the availability of | ||||||
22 | temporary shelter for persons without a home and/or
food | ||||||
23 | assistance.
| ||||||
24 | The Department of Human Services shall report annually to | ||||||
25 | the House and Senate
Appropriations Committees of the General | ||||||
26 | Assembly regarding the provision
of monies for such assistance |
| |||||||
| |||||||
1 | as provided in this Section, including the
number of persons | ||||||
2 | served, the level and cost of food provided and the level
and | ||||||
3 | cost of each type of shelter provided and any unmet need as to | ||||||
4 | food and
shelter.
| ||||||
5 | The Illinois Department of Human Services shall make such
| ||||||
6 | reports to the Federal Department or other Federal agencies in | ||||||
7 | such form
and containing such information as may be required, | ||||||
8 | and shall comply with
such provisions as may be necessary to | ||||||
9 | assure the correctness and
verification of such reports if | ||||||
10 | funds are contributed by the Federal
Government. In cooperating | ||||||
11 | with any federal agency providing federal funds,
commodities, | ||||||
12 | or aid for public aid and other purposes, the Department of
| ||||||
13 | Human Services,
with the consent of the Governor, may make | ||||||
14 | necessary expenditures from
moneys appropriated for such | ||||||
15 | purposes for any of the subdivisions of
public aid, for related | ||||||
16 | purposes, or for administration.
| ||||||
17 | (Source: P.A. 88-332; 89-507, eff. 7-1-97.)
| ||||||
18 | (305 ILCS 5/12-13.1)
| ||||||
19 | Sec. 12-13.1. Inspector General.
| ||||||
20 | (a) The Governor shall appoint, and the Senate shall | ||||||
21 | confirm, an Inspector
General who shall function within the | ||||||
22 | Illinois Department of Public Aid (now Healthcare and Family | ||||||
23 | Services) and
report to the Governor. The term of the Inspector | ||||||
24 | General shall expire on the
third Monday of January, 1997 and | ||||||
25 | every 4 years thereafter.
|
| |||||||
| |||||||
1 | (b) In order to prevent, detect, and eliminate fraud, | ||||||
2 | waste, abuse,
mismanagement, and misconduct, the Inspector | ||||||
3 | General shall oversee the
Department of Healthcare and Family | ||||||
4 | Services' integrity
functions, which include, but are not | ||||||
5 | limited to, the following:
| ||||||
6 | (1) Investigation of misconduct by employees, vendors, | ||||||
7 | contractors and
medical providers, except for allegations | ||||||
8 | of violations of the State Officials and Employees Ethics | ||||||
9 | Act which shall be referred to the Office of the Governor's | ||||||
10 | Executive Inspector General for investigation.
| ||||||
11 | (2) Audits of medical providers related to ensuring | ||||||
12 | that appropriate
payments are made for services rendered | ||||||
13 | and to the recovery of overpayments.
| ||||||
14 | (3) Monitoring of quality assurance programs generally | ||||||
15 | related to the
medical assistance program and specifically | ||||||
16 | related to any managed care
program.
| ||||||
17 | (4) Quality control measurements of the programs | ||||||
18 | administered by the
Department of Healthcare and Family | ||||||
19 | Services.
| ||||||
20 | (5) Investigations of fraud or intentional program | ||||||
21 | violations committed by
clients of the Department of | ||||||
22 | Healthcare and Family Services.
| ||||||
23 | (6) Actions initiated against contractors or medical | ||||||
24 | providers for any of
the following reasons:
| ||||||
25 | (A) Violations of the medical assistance program.
| ||||||
26 | (B) Sanctions against providers brought in |
| |||||||
| |||||||
1 | conjunction with the
Department of Public Health or the | ||||||
2 | Department of Human Services (as successor
to the | ||||||
3 | Department of Mental Health and Developmental | ||||||
4 | Disabilities).
| ||||||
5 | (C) Recoveries of assessments against hospitals | ||||||
6 | and long-term care
facilities.
| ||||||
7 | (D) Sanctions mandated by the United States | ||||||
8 | Department of Health and
Human Services against | ||||||
9 | medical providers.
| ||||||
10 | (E) Violations of contracts related to any managed | ||||||
11 | care programs.
| ||||||
12 | (7) Representation of the Department of Healthcare and | ||||||
13 | Family Services at
hearings with the Illinois Department of | ||||||
14 | Professional Regulation in actions
taken against | ||||||
15 | professional licenses held by persons who are in violation | ||||||
16 | of
orders for child support payments.
| ||||||
17 | (b-2) On and after January 1, 2011, the Inspector General | ||||||
18 | shall perform the functions described in Section 12-13.1a in | ||||||
19 | relation to mental health facilities and agencies. | ||||||
20 | (b-5) At the request of the Secretary of Human Services, | ||||||
21 | the Inspector
General shall, in relation to any function | ||||||
22 | performed by the Department of Human
Services as successor to | ||||||
23 | the Department of Public Aid, exercise one or more
of the | ||||||
24 | powers provided under this Section as if those powers related | ||||||
25 | to the
Department of Human Services; in such matters, the | ||||||
26 | Inspector General shall
report his or her findings to the |
| |||||||
| |||||||
1 | Secretary of Human Services.
| ||||||
2 | (c) The Inspector General shall have access to all | ||||||
3 | information, personnel
and facilities of the
Department of | ||||||
4 | Healthcare and Family Services and the Department of
Human | ||||||
5 | Services (as successor to the Department of Public Aid), their | ||||||
6 | employees, vendors, contractors and medical providers and any | ||||||
7 | federal,
State or local governmental agency that are necessary | ||||||
8 | to perform the duties of
the Office as directly related to | ||||||
9 | public assistance programs administered by
those departments. | ||||||
10 | No medical provider shall
be compelled, however, to provide | ||||||
11 | individual medical records of patients who
are not clients of | ||||||
12 | the Medical Assistance Program. State and local
governmental | ||||||
13 | agencies are authorized and directed to provide the requested
| ||||||
14 | information, assistance or cooperation.
| ||||||
15 | (d) The Inspector General shall serve as the
Department of | ||||||
16 | Healthcare and Family Services'
primary liaison with law | ||||||
17 | enforcement,
investigatory and prosecutorial agencies, | ||||||
18 | including but not limited to the
following:
| ||||||
19 | (1) The Department of State Police.
| ||||||
20 | (2) The Federal Bureau of Investigation and other | ||||||
21 | federal law enforcement
agencies.
| ||||||
22 | (3) The various Inspectors General of federal agencies | ||||||
23 | overseeing the
programs administered by the
Department of | ||||||
24 | Healthcare and Family Services.
| ||||||
25 | (4) The various Inspectors General of any other State | ||||||
26 | agencies with
responsibilities for portions of programs |
| |||||||
| |||||||
1 | primarily administered by the
Department of Healthcare and | ||||||
2 | Family Services.
| ||||||
3 | (5) The Offices of the several United States Attorneys | ||||||
4 | in Illinois.
| ||||||
5 | (6) The several State's Attorneys.
| ||||||
6 | The Inspector General shall meet on a regular basis with | ||||||
7 | these entities to
share information regarding possible | ||||||
8 | misconduct by any persons or entities
involved with the public | ||||||
9 | aid programs administered by the Department
of Healthcare and | ||||||
10 | Family Services.
| ||||||
11 | (e) All investigations conducted by the Inspector General | ||||||
12 | shall be conducted
in a manner that ensures the preservation of | ||||||
13 | evidence for use in criminal
prosecutions. If the Inspector | ||||||
14 | General determines that a possible criminal act
relating to | ||||||
15 | fraud in the provision or administration of the medical | ||||||
16 | assistance
program has been committed, the Inspector General | ||||||
17 | shall immediately notify the
Medicaid Fraud Control Unit. If | ||||||
18 | the Inspector General determines that a
possible criminal act | ||||||
19 | has been committed within the jurisdiction of the Office,
the | ||||||
20 | Inspector General may request the special expertise of the | ||||||
21 | Department of
State Police. The Inspector General may present | ||||||
22 | for prosecution the findings
of any criminal investigation to | ||||||
23 | the Office of the Attorney General, the
Offices of the several | ||||||
24 | United States Attorneys in Illinois or the several
State's | ||||||
25 | Attorneys.
| ||||||
26 | (f) To carry out his or her duties as described in this |
| |||||||
| |||||||
1 | Section, the
Inspector General and his or her designees shall | ||||||
2 | have the power to compel
by subpoena the attendance and | ||||||
3 | testimony of witnesses and the production
of books, electronic | ||||||
4 | records and papers as directly related to public
assistance | ||||||
5 | programs administered by the Department of Healthcare and | ||||||
6 | Family Services or
the Department of Human Services (as | ||||||
7 | successor to the Department of Public
Aid). No medical provider | ||||||
8 | shall be compelled, however, to provide individual
medical | ||||||
9 | records of patients who are not clients of the Medical | ||||||
10 | Assistance
Program.
| ||||||
11 | (g) The Inspector General shall report all convictions, | ||||||
12 | terminations, and
suspensions taken against vendors, | ||||||
13 | contractors and medical providers to the
Department of | ||||||
14 | Healthcare and Family Services and to any agency responsible | ||||||
15 | for
licensing or regulating those persons or entities.
| ||||||
16 | (h) The Inspector General shall make annual
reports, | ||||||
17 | findings, and recommendations regarding the Office's | ||||||
18 | investigations
into reports of fraud, waste, abuse, | ||||||
19 | mismanagement, or misconduct relating to
any public aid | ||||||
20 | programs administered by the Department
of Healthcare and | ||||||
21 | Family Services or the Department of Human Services (as | ||||||
22 | successor to the
Department of Public Aid) to the General | ||||||
23 | Assembly and the Governor. These
reports shall include, but not | ||||||
24 | be limited to, the following information:
| ||||||
25 | (1) Aggregate provider billing and payment | ||||||
26 | information, including the
number of providers at various |
| |||||||
| |||||||
1 | Medicaid earning levels.
| ||||||
2 | (2) The number of audits of the medical assistance
| ||||||
3 | program and the dollar savings resulting from those audits.
| ||||||
4 | (3) The number of prescriptions rejected annually | ||||||
5 | under the
Department of Healthcare and Family Services' | ||||||
6 | Refill Too Soon program and the
dollar savings resulting | ||||||
7 | from that program.
| ||||||
8 | (4) Provider sanctions, in the aggregate, including | ||||||
9 | terminations and
suspensions.
| ||||||
10 | (5) A detailed summary of the investigations | ||||||
11 | undertaken in the previous
fiscal year. These summaries | ||||||
12 | shall comply with all laws and rules regarding
maintaining | ||||||
13 | confidentiality in the public aid programs.
| ||||||
14 | (i) Nothing in this Section shall limit investigations by | ||||||
15 | the
Department of Healthcare and Family Services or the | ||||||
16 | Department of Human Services that may
otherwise be required by | ||||||
17 | law or that may be necessary in their capacity as the
central | ||||||
18 | administrative authorities responsible for administration of | ||||||
19 | public aid
programs in this
State.
| ||||||
20 | (Source: P.A. 95-331, eff. 8-21-07; 96-555, eff. 8-18-09.)
| ||||||
21 | (305 ILCS 5/12-13.1a new) | ||||||
22 | Sec. 12-13.1a. Inspector General; mental health facilities | ||||||
23 | and agencies. | ||||||
24 | (a) Definitions. The following definitions apply to this | ||||||
25 | Section: |
| |||||||
| |||||||
1 | "Agency" or "community agency" means (i) a community agency | ||||||
2 | licensed, funded, or certified by the Department, but not | ||||||
3 | licensed or certified by any other human services agency of the | ||||||
4 | State, to provide mental health services or (ii) a program | ||||||
5 | licensed, funded, or certified by the Department, but not | ||||||
6 | licensed or certified by any other human services agency of the | ||||||
7 | State, to provide mental health services. | ||||||
8 | "Aggravating circumstance" means a factor that is | ||||||
9 | attendant to a finding and that tends to compound or increase | ||||||
10 | the culpability of the accused. | ||||||
11 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
12 | incident involving any of the following conduct by an employee, | ||||||
13 | facility, or agency against an individual or individuals: | ||||||
14 | mental abuse, physical abuse, sexual abuse, neglect, or | ||||||
15 | financial exploitation. | ||||||
16 | "Day" means working day, unless otherwise specified. | ||||||
17 | "Deflection" means a situation in which an individual is | ||||||
18 | presented for admission to a facility or agency, and the | ||||||
19 | facility staff or agency staff do not admit the individual. | ||||||
20 | "Deflection" includes triage, redirection, and denial of | ||||||
21 | admission. | ||||||
22 | "Department" means the Department of Healthcare and Family | ||||||
23 | Services. | ||||||
24 | "Developmental disability" means "developmental | ||||||
25 | disability" as defined in the Mental Health and Developmental | ||||||
26 | Disabilities Code. |
| |||||||
| |||||||
1 | "Director" means the Director of Healthcare and Family | ||||||
2 | Services. | ||||||
3 | "Egregious neglect" means a finding of neglect as | ||||||
4 | determined by the Inspector General that (i) represents a gross | ||||||
5 | failure to adequately provide for, or a callused indifference | ||||||
6 | to, the health, safety, or medical needs of an individual and | ||||||
7 | (ii) results in an individual's death or other serious | ||||||
8 | deterioration of an individual's physical condition or mental | ||||||
9 | condition. | ||||||
10 | "Employee" means any person who provides services at the | ||||||
11 | facility or agency on-site or off-site. The service | ||||||
12 | relationship can be with the individual or with the facility or | ||||||
13 | agency. Also, "employee" includes any employee or contractual | ||||||
14 | agent of the Department or the community agency involved in | ||||||
15 | providing or monitoring or administering mental health | ||||||
16 | services. This includes but is not limited to: owners, | ||||||
17 | operators, payroll personnel, contractors, subcontractors, and | ||||||
18 | volunteers. | ||||||
19 | "Facility" or "State-operated facility" means a mental | ||||||
20 | health facility operated by the Department. | ||||||
21 | "Financial exploitation" means taking unjust advantage of | ||||||
22 | an individual's assets, property, or financial resources | ||||||
23 | through deception, intimidation, or conversion for the | ||||||
24 | employee's, facility's, or agency's own advantage or benefit. | ||||||
25 | "Finding" means the Office of the Inspector General's | ||||||
26 | determination regarding whether an allegation is |
| |||||||
| |||||||
1 | substantiated, unsubstantiated, or unfounded. | ||||||
2 | "Health care worker registry" or "registry" means the | ||||||
3 | health care worker registry created by the Nursing Home Care | ||||||
4 | Act. | ||||||
5 | "Individual" means any person receiving mental health | ||||||
6 | services, or both mental health services and developmental | ||||||
7 | disabilities services, from a facility or agency, while either | ||||||
8 | on-site or off-site. | ||||||
9 | "Inspector General" means the Inspector General appointed | ||||||
10 | under Section 12-13.1. | ||||||
11 | "Mental abuse" means the use of demeaning, intimidating, or | ||||||
12 | threatening words, signs, gestures, or other actions by an | ||||||
13 | employee about an individual and in the presence of an | ||||||
14 | individual or individuals that results in emotional distress or | ||||||
15 | maladaptive behavior, or could have resulted in emotional | ||||||
16 | distress or maladaptive behavior, for any individual present. | ||||||
17 | "Mental illness" means "mental illness" as defined in the | ||||||
18 | Mental Health and Developmental Disabilities Code. | ||||||
19 | "Mentally ill" means having a mental illness. | ||||||
20 | "Mitigating circumstance" means a condition that (i) is | ||||||
21 | attendant to a finding, (ii) does not excuse or justify the | ||||||
22 | conduct in question, but (iii) may be considered in evaluating | ||||||
23 | the severity of the conduct, the culpability of the accused, or | ||||||
24 | both the severity of the conduct and the culpability of the | ||||||
25 | accused. | ||||||
26 | "Neglect" means an employee's, agency's, or facility's |
| |||||||
| |||||||
1 | failure to provide adequate medical care, personal care, or | ||||||
2 | maintenance and that, as a consequence, (i) causes an | ||||||
3 | individual pain, injury, or emotional distress, (ii) results in | ||||||
4 | either an individual's maladaptive behavior or the | ||||||
5 | deterioration of an individual's physical condition or mental | ||||||
6 | condition, or (iii) places the individual's health or safety at | ||||||
7 | substantial risk. | ||||||
8 | "Physical abuse" means an employee's non-accidental and | ||||||
9 | inappropriate contact with an individual that causes bodily | ||||||
10 | harm. "Physical abuse" includes actions that cause bodily harm | ||||||
11 | as a result of an employee directing an individual or person to | ||||||
12 | physically abuse another individual. | ||||||
13 | "Recommendation" means an admonition, separate from a | ||||||
14 | finding, that requires action by the facility, agency, or | ||||||
15 | Department to correct a systemic issue, problem, or deficiency | ||||||
16 | identified during an investigation. | ||||||
17 | "Required reporter" means any employee who suspects, | ||||||
18 | witnesses, or is informed of an allegation of any one or more | ||||||
19 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
20 | neglect, or financial exploitation. | ||||||
21 | "Sexual abuse" means any sexual contact or intimate | ||||||
22 | physical contact between an employee and an individual, | ||||||
23 | including an employee's coercion or encouragement of an | ||||||
24 | individual to engage in sexual behavior that results in sexual | ||||||
25 | contact, intimate physical contact, sexual behavior, or | ||||||
26 | intimate physical behavior. |
| |||||||
| |||||||
1 | "Substantiated" means there is a preponderance of the | ||||||
2 | evidence to support the allegation. | ||||||
3 | "Unfounded" means there is no credible evidence to support | ||||||
4 | the allegation. | ||||||
5 | "Unsubstantiated" means there is credible evidence, but | ||||||
6 | less than a preponderance of evidence to support the | ||||||
7 | allegation. | ||||||
8 | (b) Investigation of reports. On and after January 1, 2011, | ||||||
9 | th Inspector General shall investigate reports of suspected | ||||||
10 | mental abuse, physical abuse, sexual abuse, neglect, or | ||||||
11 | financial exploitation of individuals in any mental health | ||||||
12 | facility or agency and shall have authority to take immediate | ||||||
13 | action to prevent any one or more of the following from | ||||||
14 | happening to individuals under its jurisdiction: mental abuse, | ||||||
15 | physical abuse, sexual abuse, neglect, or financial | ||||||
16 | exploitation. Upon written request of an agency of this State, | ||||||
17 | the Inspector General may assist another agency of the State in | ||||||
18 | investigating reports of the abuse, neglect, or abuse and | ||||||
19 | neglect of persons with mental illness or persons with both | ||||||
20 | mental illness and developmental disabilities. To comply with | ||||||
21 | the requirements of subsection (h) of this Section, the | ||||||
22 | Inspector General shall also review all reportable deaths for | ||||||
23 | which there is no allegation of abuse or neglect. Nothing in | ||||||
24 | this Section shall preempt any duties of the Medical Review | ||||||
25 | Board set forth in the Mental Health and Developmental | ||||||
26 | Disabilities Code. |
| |||||||
| |||||||
1 | (c) Limitations. The Inspector General shall not conduct an | ||||||
2 | investigation within an agency or facility if that | ||||||
3 | investigation would be redundant to or interfere with an | ||||||
4 | investigation conducted by another State agency. The Inspector | ||||||
5 | General shall have no supervision over, or involvement in, the | ||||||
6 | routine programmatic, licensing, funding, or certification | ||||||
7 | operations of the Department. Nothing in this subsection limits | ||||||
8 | investigations by the Department that may otherwise be required | ||||||
9 | by law or that may be necessary in the Department's capacity as | ||||||
10 | central administrative authority responsible for the operation | ||||||
11 | of the State's mental health facilities. | ||||||
12 | (d) Rulemaking authority. The Inspector General shall | ||||||
13 | promulgate rules establishing minimum requirements for | ||||||
14 | reporting allegations as well as for initiating, conducting, | ||||||
15 | and completing investigations based upon the nature of the | ||||||
16 | allegation or allegations. The rules shall clearly establish | ||||||
17 | that if 2 or more State agencies could investigate an | ||||||
18 | allegation, the Inspector General shall not conduct an | ||||||
19 | investigation that would be redundant to, or interfere with, an | ||||||
20 | investigation conducted by another State agency. The rules | ||||||
21 | shall further clarify the method and circumstances under which | ||||||
22 | the Office of Inspector General may interact with the | ||||||
23 | licensing, funding, or certification units of the Department in | ||||||
24 | preventing further occurrences of mental abuse, physical | ||||||
25 | abuse, sexual abuse, neglect, egregious neglect, and financial | ||||||
26 | exploitation. |
| |||||||
| |||||||
1 | (e) Training programs. The Inspector General shall (i) | ||||||
2 | establish a comprehensive program to ensure that every person | ||||||
3 | authorized to conduct investigations receives ongoing training | ||||||
4 | relative to investigation techniques, communication skills, | ||||||
5 | and the appropriate means of interacting with persons receiving | ||||||
6 | treatment for mental illness or both mental illness and | ||||||
7 | developmental disability and (ii) establish and conduct | ||||||
8 | periodic training programs for facility and agency employees | ||||||
9 | concerning the prevention and reporting of any one or more of | ||||||
10 | the following: mental abuse, physical abuse, sexual abuse, | ||||||
11 | neglect, egregious neglect, or financial exploitation. Nothing | ||||||
12 | in this Section shall be deemed to prevent the Office of | ||||||
13 | Inspector General from conducting any other training as | ||||||
14 | determined by the Inspector General to be necessary or helpful. | ||||||
15 | (f) Duty to cooperate. | ||||||
16 | (1) The Inspector General shall at all times be granted | ||||||
17 | access to any facility or agency for the purpose of | ||||||
18 | investigating any allegation, conducting unannounced site | ||||||
19 | visits, monitoring compliance with a written response, or | ||||||
20 | completing any other statutorily assigned duty. The | ||||||
21 | Inspector General shall conduct unannounced site visits to | ||||||
22 | each facility at least annually for the purpose of | ||||||
23 | reviewing and making recommendations on systemic issues | ||||||
24 | relative to preventing, reporting, investigating, and | ||||||
25 | responding to all of the following: mental abuse, physical | ||||||
26 | abuse, sexual abuse, neglect, egregious neglect, or |
| |||||||
| |||||||
1 | financial exploitation. | ||||||
2 | (2) Any employee who fails to cooperate with an Office | ||||||
3 | of the Inspector General investigation is in violation of | ||||||
4 | this Section. Failure to cooperate with an investigation | ||||||
5 | includes, but is not limited to, any one or more of the | ||||||
6 | following: (i) creating and transmitting a false report to | ||||||
7 | the Office of the Inspector General hotline, (ii) providing | ||||||
8 | false information to an Office of the Inspector General | ||||||
9 | Investigator during an investigation, (iii) colluding with | ||||||
10 | other employees to cover up evidence, (iv) colluding with | ||||||
11 | other employees to provide false information to an Office | ||||||
12 | of the Inspector General investigator, (v) destroying | ||||||
13 | evidence, (vi) withholding evidence, or (vii) otherwise | ||||||
14 | obstructing an Office of the Inspector General | ||||||
15 | investigation. Additionally, any employee who, during an | ||||||
16 | unannounced site visit or written response compliance | ||||||
17 | check, fails to cooperate with requests from the Office of | ||||||
18 | the Inspector General is in violation of this Section. | ||||||
19 | (g) Subpoena powers. The Inspector General shall have the | ||||||
20 | power to subpoena witnesses and compel the production of all | ||||||
21 | documents and physical evidence relating to his or her | ||||||
22 | investigations and any hearings authorized by this Section. | ||||||
23 | This subpoena power shall not extend to persons or documents of | ||||||
24 | a labor organization or its representatives insofar as the | ||||||
25 | persons are acting in a representative capacity to an employee | ||||||
26 | whose conduct is the subject of an investigation or the |
| |||||||
| |||||||
1 | documents relate to that representation. Any person who | ||||||
2 | otherwise fails to respond to a subpoena or who knowingly | ||||||
3 | provides false information to the Office of the Inspector | ||||||
4 | General by subpoena during an investigation is guilty of a | ||||||
5 | Class A misdemeanor. | ||||||
6 | (h) Reporting allegations and deaths. | ||||||
7 | (1) Allegations. If an employee witnesses, is told of, | ||||||
8 | or has reason to believe an incident of mental abuse, | ||||||
9 | physical abuse, sexual abuse, neglect, or financial | ||||||
10 | exploitation has occurred, the employee, agency, or | ||||||
11 | facility shall report the allegation by phone to the Office | ||||||
12 | of the Inspector General hotline according to the agency's | ||||||
13 | or facility's procedures, but in no event later than 4 | ||||||
14 | hours after the initial discovery of the incident, | ||||||
15 | allegation, or suspicion of any one or more of the | ||||||
16 | following: mental abuse, physical abuse, sexual abuse, | ||||||
17 | neglect, or financial exploitation. A required reporter as | ||||||
18 | defined in subsection (a) of this Section who knowingly or | ||||||
19 | intentionally fails to comply with these reporting | ||||||
20 | requirements is guilty of a Class A misdemeanor. | ||||||
21 | (2) Deaths. Absent an allegation, a required reporter | ||||||
22 | shall, within 24 hours after initial discovery, report by | ||||||
23 | phone to the Office of the Inspector General hotline each | ||||||
24 | of the following: | ||||||
25 | (i) Any death of an individual occurring within 14 | ||||||
26 | calendar days after discharge or transfer of the |
| |||||||
| |||||||
1 | individual from a residential program or facility. | ||||||
2 | (ii) Any death of an individual occurring within 24 | ||||||
3 | hours after deflection from a residential program or | ||||||
4 | facility. | ||||||
5 | (iii) Any other death of an individual occurring at | ||||||
6 | an agency or facility or at any Department-funded site. | ||||||
7 | (3) Retaliation. It is a violation of this Section for | ||||||
8 | any employee or administrator of an agency or facility to | ||||||
9 | take retaliatory action against an employee who acts in | ||||||
10 | good faith in conformance with his or her duties as a | ||||||
11 | required reporter. | ||||||
12 | (i) Reporting criminal acts. Within 24 hours after | ||||||
13 | determining that there is credible evidence indicating that a | ||||||
14 | criminal act may have been committed or that special expertise | ||||||
15 | may be required in an investigation, the Inspector General | ||||||
16 | shall notify the Department of State Police or other | ||||||
17 | appropriate law enforcement authority, or ensure that such | ||||||
18 | notification is made. The Department of State Police shall | ||||||
19 | investigate any report from a State-operated facility | ||||||
20 | indicating a possible murder, sexual assault, or other felony | ||||||
21 | by an employee. All investigations conducted by the Inspector | ||||||
22 | General shall be conducted in a manner designed to ensure the | ||||||
23 | preservation of evidence for possible use in a criminal | ||||||
24 | prosecution. | ||||||
25 | (j) Investigative reports. Upon completion of an | ||||||
26 | investigation, the Office of the Inspector General shall issue |
| |||||||
| |||||||
1 | an investigative report identifying whether the allegations | ||||||
2 | are substantiated, unsubstantiated, or unfounded. Within 10 | ||||||
3 | business days after the transmittal of a completed | ||||||
4 | investigative report substantiating an allegation, or if a | ||||||
5 | recommendation is made, the Inspector General shall provide the | ||||||
6 | investigative report on the case to the Director and to the | ||||||
7 | director of the facility or agency where any one or more of the | ||||||
8 | following occurred: mental abuse, physical abuse, sexual | ||||||
9 | abuse, neglect, egregious neglect, or financial exploitation. | ||||||
10 | In a substantiated case, the investigative report shall include | ||||||
11 | any mitigating or aggravating circumstances that were | ||||||
12 | identified during the investigation. If the case involves | ||||||
13 | substantiated neglect, the investigative report shall also | ||||||
14 | state whether egregious neglect was found. An investigative | ||||||
15 | report may also set forth recommendations. All investigative | ||||||
16 | reports prepared by the Office of the Inspector General shall | ||||||
17 | be considered confidential and shall not be released except as | ||||||
18 | provided by the law of this State or as required under | ||||||
19 | applicable federal law. Unsubstantiated and unfounded reports | ||||||
20 | shall not be disclosed except as allowed under Section 6 of the | ||||||
21 | Abused and Neglected Long Term Care Facility Residents | ||||||
22 | Reporting Act. Raw data used to compile the investigative | ||||||
23 | report shall not be subject to release unless required by law | ||||||
24 | or a court order. "Raw data used to compile the investigative | ||||||
25 | report" includes, but is not limited to, any one or more of the | ||||||
26 | following: the initial complaint, witness statements, |
| |||||||
| |||||||
1 | photographs, investigator's notes, police reports, or incident | ||||||
2 | reports. If the allegations are substantiated, the accused | ||||||
3 | shall be provided with a redacted copy of the investigative | ||||||
4 | report. Death reports where there was no allegation of abuse or | ||||||
5 | neglect shall only be released pursuant to applicable State or | ||||||
6 | federal law or a valid court order. | ||||||
7 | (k) Written responses and reconsideration requests. | ||||||
8 | (1) Written responses. Within 30 calendar days from | ||||||
9 | receipt of a substantiated investigative report or an | ||||||
10 | investigative report which contains recommendations, | ||||||
11 | absent a reconsideration request, the facility or agency | ||||||
12 | shall file a written response that addresses, in a concise | ||||||
13 | and reasoned manner, the actions taken to: (i) protect the | ||||||
14 | individual; (ii) prevent recurrences; and (iii) eliminate | ||||||
15 | the problems identified. The response shall include the | ||||||
16 | implementation and completion dates of such actions. If the | ||||||
17 | written response is not filed within the allotted 30 | ||||||
18 | calendar day period, the Director shall determine the | ||||||
19 | appropriate corrective action to be taken. | ||||||
20 | (2) Reconsideration requests. The facility, agency, | ||||||
21 | victim or guardian, or the subject employee may request | ||||||
22 | that the Office of the Inspector General reconsider or | ||||||
23 | clarify its finding based upon additional information. | ||||||
24 | (l) Disclosure of the finding by the Inspector General. The | ||||||
25 | Inspector General shall disclose the finding of an | ||||||
26 | investigation to the following persons: (i) the Governor, (ii) |
| |||||||
| |||||||
1 | the Director, (iii) the director of the facility or agency, | ||||||
2 | (iv) the alleged victims and their guardians, (v) the | ||||||
3 | complainant, and (vi) the accused. This information shall | ||||||
4 | include whether the allegations were deemed substantiated, | ||||||
5 | unsubstantiated, or unfounded. | ||||||
6 | (m) Director review. Upon review of the Inspector General's | ||||||
7 | investigative report and any agency's or facility's written | ||||||
8 | response, the Director shall accept or reject the written | ||||||
9 | response and notify the Inspector General of that | ||||||
10 | determination. The Director may further direct that other | ||||||
11 | administrative action be taken, including, but not limited to, | ||||||
12 | any one or more of the following: (i) additional site visits, | ||||||
13 | (ii) training, (iii) provision of technical assistance | ||||||
14 | relative to administrative needs, licensure or certification, | ||||||
15 | or (iv) the imposition of appropriate sanctions. | ||||||
16 | (n) Action by facility or agency. Within 30 days of the | ||||||
17 | date the Director approves the written response or directs that | ||||||
18 | further administrative action be taken, the facility or agency | ||||||
19 | shall provide an implementation report to the Inspector General | ||||||
20 | that provides the status of the action taken. The facility or | ||||||
21 | agency shall be allowed an additional 30 days to send notice of | ||||||
22 | completion of the action or to send an updated implementation | ||||||
23 | report. If the action has not been completed within the | ||||||
24 | additional 30 day period, the facility or agency shall send | ||||||
25 | updated implementation reports every 60 days until completion. | ||||||
26 | The Inspector General shall conduct a review of any |
| |||||||
| |||||||
1 | implementation plan that takes more than 120 days after | ||||||
2 | approval to complete, and shall monitor compliance through a | ||||||
3 | random review of approved written responses, which may include, | ||||||
4 | but are not limited to: (i) site visits, (ii) telephone | ||||||
5 | contact, and (iii) requests for additional documentation | ||||||
6 | evidencing compliance. | ||||||
7 | (o) Sanctions. Sanctions, if imposed by the Director under | ||||||
8 | subdivision (m)(iv) of this Section, shall be designed to | ||||||
9 | prevent further acts of mental abuse, physical abuse, sexual | ||||||
10 | abuse, neglect, egregious neglect, or financial exploitation | ||||||
11 | or some combination of one or more of those acts at a facility | ||||||
12 | or agency, and may include any one or more of the following: | ||||||
13 | (1) Appointment of on-site monitors. | ||||||
14 | (2) Transfer or relocation of an individual or | ||||||
15 | individuals. | ||||||
16 | (3) Closure of units. | ||||||
17 | (4) Termination of any one or more of the following: | ||||||
18 | (i) Department licensing, (ii) funding, or (iii) | ||||||
19 | certification. | ||||||
20 | The Inspector General may seek the assistance of the | ||||||
21 | Illinois Attorney General or the office of any State's Attorney | ||||||
22 | in implementing sanctions. | ||||||
23 | (p) Health care worker registry. | ||||||
24 | (1) Reporting to the registry. The Inspector General | ||||||
25 | shall report to the Department of Public Health's health | ||||||
26 | care worker registry, a public registry, the identity and |
| |||||||
| |||||||
1 | finding of each employee of a facility or agency against | ||||||
2 | whom there is a final investigative report containing a | ||||||
3 | substantiated allegation of physical or sexual abuse or | ||||||
4 | egregious neglect of an individual. | ||||||
5 | (2) Notice to employee. Prior to reporting the name of | ||||||
6 | an employee, the employee shall be notified of the | ||||||
7 | Department's obligation to report and shall be granted an | ||||||
8 | opportunity to request an administrative hearing, the sole | ||||||
9 | purpose of which is to determine if the substantiated | ||||||
10 | finding warrants reporting to the registry. Notice to the | ||||||
11 | employee shall contain a clear and concise statement of the | ||||||
12 | grounds on which the report to the registry is based, offer | ||||||
13 | the employee an opportunity for a hearing, and identify the | ||||||
14 | process for requesting such a hearing. Notice is sufficient | ||||||
15 | if provided by certified mail to the employee's last known | ||||||
16 | address. If the employee fails to request a hearing within | ||||||
17 | 30 days from the date of the notice, the Inspector General | ||||||
18 | shall report the name of the employee to the registry. | ||||||
19 | Nothing in this subdivision (p)(2) shall diminish or impair | ||||||
20 | the rights of a person who is a member of a collective | ||||||
21 | bargaining unit under the Illinois Public Labor Relations | ||||||
22 | Act or under any other federal labor statute. | ||||||
23 | (3) Registry hearings. If the employee requests an | ||||||
24 | administrative hearing, the employee shall be granted an | ||||||
25 | opportunity to appear before an administrative law judge to | ||||||
26 | present reasons why the employee's name should not be |
| |||||||
| |||||||
1 | reported to the registry. The Department shall bear the | ||||||
2 | burden of presenting evidence that establishes, by a | ||||||
3 | preponderance of the evidence, that the substantiated | ||||||
4 | finding warrants reporting to the registry. After | ||||||
5 | considering all the evidence presented, the administrative | ||||||
6 | law judge shall make a recommendation to the Director as to | ||||||
7 | whether the substantiated finding warrants reporting the | ||||||
8 | name of the employee to the registry. The Director shall | ||||||
9 | render the final decision. The Department and the employee | ||||||
10 | shall have the right to request that the administrative law | ||||||
11 | judge consider a stipulated disposition of these | ||||||
12 | proceedings. | ||||||
13 | (4) Testimony at registry hearings. A person who makes | ||||||
14 | a report or who investigates a report under this Section | ||||||
15 | shall testify fully in any judicial proceeding resulting | ||||||
16 | from such a report, as to any evidence of abuse or neglect, | ||||||
17 | or the cause thereof. No evidence shall be excluded by | ||||||
18 | reason of any common law or statutory privilege relating to | ||||||
19 | communications between the alleged perpetrator of abuse or | ||||||
20 | neglect, or the individual alleged as the victim in the | ||||||
21 | report, and the person making or investigating the report. | ||||||
22 | Testimony at hearings is exempt from the confidentiality | ||||||
23 | requirements of subsection (f) of Section 10 of the Mental | ||||||
24 | Health and Developmental Disabilities Confidentiality Act. | ||||||
25 | (5) Employee's rights to collateral action. No | ||||||
26 | reporting to the registry shall occur and no hearing shall |
| |||||||
| |||||||
1 | be set or proceed if an employee notifies the Inspector | ||||||
2 | General in writing, including any supporting | ||||||
3 | documentation, that he or she is formally contesting an | ||||||
4 | adverse employment action resulting from a substantiated | ||||||
5 | finding by complaint filed with the Illinois Civil Service | ||||||
6 | Commission, or which otherwise seeks to enforce the | ||||||
7 | employee's rights pursuant to any applicable collective | ||||||
8 | bargaining agreement. If an action taken by an employer | ||||||
9 | against an employee as a result of a finding of physical | ||||||
10 | abuse, sexual abuse, or egregious neglect is overturned | ||||||
11 | through an action filed with the Illinois Civil Service | ||||||
12 | Commission or under any applicable collective bargaining | ||||||
13 | agreement and if that employee's name has already been sent | ||||||
14 | to the registry, the employee's name shall be removed from | ||||||
15 | the registry. | ||||||
16 | (6) Removal from registry. At any time after the report | ||||||
17 | to the registry, but no more than once in any 12-month | ||||||
18 | period, an employee may petition the Department in writing | ||||||
19 | to remove his or her name from the registry. Upon receiving | ||||||
20 | notice of such request, the Inspector General shall conduct | ||||||
21 | an investigation into the petition. Upon receipt of such | ||||||
22 | request, an administrative hearing will be set by the | ||||||
23 | Department. At the hearing, the employee shall bear the | ||||||
24 | burden of presenting evidence that establishes, by a | ||||||
25 | preponderance of the evidence, that removal of the name | ||||||
26 | from the registry is in the public interest. The parties |
| |||||||
| |||||||
1 | may jointly request that the administrative law judge | ||||||
2 | consider a stipulated disposition of these proceedings. | ||||||
3 | (q) Review of administrative decisions. The Department | ||||||
4 | shall preserve a record of all proceedings at any formal | ||||||
5 | hearing conducted by the Department involving health care | ||||||
6 | worker registry hearings. Final administrative decisions of | ||||||
7 | the Department are subject to judicial review pursuant to | ||||||
8 | provisions of the Administrative Review Law. | ||||||
9 | (r) Quality Care Board. There is created, within the Office | ||||||
10 | of the Inspector General, a Quality Care Board to be composed | ||||||
11 | of 7 members appointed by the Governor with the advice and | ||||||
12 | consent of the Senate. One of the members shall be designated | ||||||
13 | as chairman by the Governor. Of the initial appointments made | ||||||
14 | by the Governor, 4 Board members shall each be appointed for a | ||||||
15 | term of 4 years and 3 members shall each be appointed for a | ||||||
16 | term of 2 years. Upon the expiration of each member's term, a | ||||||
17 | successor shall be appointed for a term of 4 years. In the case | ||||||
18 | of a vacancy in the office of any member, the Governor shall | ||||||
19 | appoint a successor for the remainder of the unexpired term. | ||||||
20 | Members appointed by the Governor shall be qualified by | ||||||
21 | professional knowledge or experience in the area of law, | ||||||
22 | investigatory techniques, or in the area of care of the | ||||||
23 | mentally ill. Two members appointed by the Governor shall be | ||||||
24 | persons with a disability or a parent of a person with a | ||||||
25 | disability. Members shall serve without compensation, but | ||||||
26 | shall be reimbursed for expenses incurred in connection with |
| |||||||
| |||||||
1 | the performance of their duties as members. | ||||||
2 | The Board shall meet quarterly, and may hold other meetings | ||||||
3 | on the call of the chairman. Four members shall constitute a | ||||||
4 | quorum allowing the Board to conduct its business. The Board | ||||||
5 | may adopt rules and regulations it deems necessary to govern | ||||||
6 | its own procedures. | ||||||
7 | The Board shall monitor and oversee the operations, | ||||||
8 | policies, and procedures of the Inspector General to ensure the | ||||||
9 | prompt and thorough investigation of allegations of neglect and | ||||||
10 | abuse. In fulfilling these responsibilities, the Board may do | ||||||
11 | the following: | ||||||
12 | (1) Provide independent, expert consultation to the | ||||||
13 | Inspector General on policies and protocols for | ||||||
14 | investigations of alleged abuse, neglect, or both abuse and | ||||||
15 | neglect. | ||||||
16 | (2) Review existing regulations relating to the | ||||||
17 | operation of facilities. | ||||||
18 | (3) Advise the Inspector General as to the content of | ||||||
19 | training activities authorized under this Section. | ||||||
20 | (4) Recommend policies concerning methods for | ||||||
21 | improving the intergovernmental relationships between the | ||||||
22 | Office of the Inspector General and other State or federal | ||||||
23 | offices. | ||||||
24 | (s) Annual report. The Inspector General shall provide to | ||||||
25 | the General Assembly and the Governor, no later than January 1 | ||||||
26 | of each year, a summary of reports and investigations made |
| |||||||
| |||||||
1 | under this Section for the prior fiscal year with respect to | ||||||
2 | individuals receiving mental health services. The report shall | ||||||
3 | detail the imposition of sanctions, if any, and the final | ||||||
4 | disposition of any corrective or administrative action | ||||||
5 | directed by the Director. The summaries shall not contain any | ||||||
6 | confidential or identifying information of any individual, but | ||||||
7 | shall include objective data identifying any trends in the | ||||||
8 | number of reported allegations, the timeliness of the Office of | ||||||
9 | the Inspector General's investigations, and their disposition, | ||||||
10 | for each facility and Department-wide, for the most recent | ||||||
11 | 3-year time period. The report shall also identify, by | ||||||
12 | facility, the staff-to-patient ratios taking account of direct | ||||||
13 | care staff only. The report shall also include detailed | ||||||
14 | recommended administrative actions and matters for | ||||||
15 | consideration by the General Assembly. | ||||||
16 | (t) Program audit. The Auditor General shall conduct a | ||||||
17 | program audit of the Office of the Inspector General on an | ||||||
18 | as-needed basis, as determined by the Auditor General. The | ||||||
19 | audit shall specifically include the Inspector General's | ||||||
20 | compliance with this Section and effectiveness in | ||||||
21 | investigating reports of allegations occurring in any facility | ||||||
22 | or agency. The Auditor General shall conduct the program audit | ||||||
23 | according to the provisions of the Illinois State Auditing Act | ||||||
24 | and shall report his or her findings to the General Assembly no | ||||||
25 | later than January 1 following the audit period.
| ||||||
26 | (u) Nothing in this Section shall be construed to mean that |
| |||||||
| |||||||
1 | a patient is a victim of abuse or neglect because of health | ||||||
2 | care services appropriately provided or not provided by health | ||||||
3 | care professionals. | ||||||
4 | (v) Nothing in this Section shall require a facility, | ||||||
5 | including its employees, agents, medical staff members, and | ||||||
6 | health care professionals, to provide a service to a patient in | ||||||
7 | contravention of that patient's stated or implied objection to | ||||||
8 | the provision of that service on the ground that that service | ||||||
9 | conflicts with the patient's religious beliefs or practices, | ||||||
10 | nor shall the failure to provide a service to a patient be | ||||||
11 | considered abuse under this Section if the patient has objected | ||||||
12 | to the provision of that service based on his or her religious | ||||||
13 | beliefs or practices.
| ||||||
14 | (305 ILCS 5/14-8) (from Ch. 23, par. 14-8)
| ||||||
15 | Sec. 14-8. Disbursements to Hospitals.
| ||||||
16 | (a) For inpatient hospital services rendered on and after | ||||||
17 | September 1,
1991, the Illinois Department shall reimburse
| ||||||
18 | hospitals for inpatient services at an inpatient payment rate | ||||||
19 | calculated for
each hospital based upon the Medicare | ||||||
20 | Prospective Payment System as set forth
in Sections 1886(b), | ||||||
21 | (d), (g), and (h) of the federal Social Security Act, and
the | ||||||
22 | regulations, policies, and procedures promulgated thereunder, | ||||||
23 | except as
modified by this Section. Payment rates for inpatient | ||||||
24 | hospital services
rendered on or after September 1, 1991 and on | ||||||
25 | or before September 30, 1992
shall be calculated using the |
| |||||||
| |||||||
1 | Medicare Prospective Payment rates in effect on
September 1, | ||||||
2 | 1991. Payment rates for inpatient hospital services rendered on
| ||||||
3 | or after October 1, 1992 and on or before March 31, 1994 shall | ||||||
4 | be calculated
using the Medicare Prospective Payment rates in | ||||||
5 | effect on September 1, 1992.
Payment rates for inpatient | ||||||
6 | hospital services rendered on or after April 1,
1994 shall be | ||||||
7 | calculated using the Medicare Prospective Payment rates
| ||||||
8 | (including the Medicare grouping methodology and weighting | ||||||
9 | factors as adjusted
pursuant to paragraph (1) of this | ||||||
10 | subsection) in effect 90 days prior to the
date of admission. | ||||||
11 | For services rendered on or after July 1, 1995, the
| ||||||
12 | reimbursement methodology implemented under this subsection | ||||||
13 | shall not include
those costs referred to in Sections | ||||||
14 | 1886(d)(5)(B) and 1886(h) of the Social
Security Act. The | ||||||
15 | additional payment amounts required under Section
| ||||||
16 | 1886(d)(5)(F) of the Social Security Act, for hospitals serving | ||||||
17 | a
disproportionate share of low-income or indigent patients, | ||||||
18 | are not required
under this Section. For hospital inpatient | ||||||
19 | services rendered on or after July
1, 1995, the Illinois | ||||||
20 | Department shall
reimburse hospitals using the relative | ||||||
21 | weighting factors and the base payment
rates calculated for | ||||||
22 | each hospital that were in effect on June 30, 1995, less
the | ||||||
23 | portion of such rates attributed by the Illinois Department to | ||||||
24 | the cost of
medical education.
| ||||||
25 | (1) The weighting factors established under Section | ||||||
26 | 1886(d)(4) of the
Social Security Act shall not be used in |
| |||||||
| |||||||
1 | the reimbursement system
established under this Section. | ||||||
2 | Rather, the Illinois Department shall
establish by rule | ||||||
3 | Medicaid weighting factors to be used in the reimbursement
| ||||||
4 | system established under this Section.
| ||||||
5 | (2) The Illinois Department shall define by rule those | ||||||
6 | hospitals or
distinct parts of hospitals that shall be | ||||||
7 | exempt from the reimbursement
system established under | ||||||
8 | this Section. In defining such hospitals, the
Illinois | ||||||
9 | Department shall take into consideration those hospitals | ||||||
10 | exempt
from the Medicare Prospective Payment System as of | ||||||
11 | September 1, 1991. For
hospitals defined as exempt under | ||||||
12 | this subsection, the Illinois Department
shall by rule | ||||||
13 | establish a reimbursement system for payment of inpatient
| ||||||
14 | hospital services rendered on and after September 1, 1991. | ||||||
15 | For all
hospitals that are children's hospitals as defined | ||||||
16 | in Section 5-5.02 of
this Code, the reimbursement | ||||||
17 | methodology shall, through June 30, 1992, net
of all | ||||||
18 | applicable fees, at least equal each children's hospital | ||||||
19 | 1990 ICARE
payment rates, indexed to the current year by | ||||||
20 | application of the DRI hospital
cost index from 1989 to the | ||||||
21 | year in which payments are made. Excepting county
providers | ||||||
22 | as defined in Article XV of this Code, hospitals licensed | ||||||
23 | under the
University of Illinois Hospital Act, and | ||||||
24 | facilities operated by the
Department of Mental Health and | ||||||
25 | Developmental Disabilities (or its successor,
the | ||||||
26 | Department of Human Services ; or the Department of |
| |||||||
| |||||||
1 | Healthcare and Family Services on and after January 1, | ||||||
2 | 2011, as successor of the Department of Human Services with | ||||||
3 | respect to functions relating to mental health ) for | ||||||
4 | hospital inpatient services rendered on
or after July 1, | ||||||
5 | 1995, the Illinois Department shall reimburse children's
| ||||||
6 | hospitals, as defined in 89 Illinois Administrative Code | ||||||
7 | Section 149.50(c)(3),
at the rates in effect on June 30, | ||||||
8 | 1995, and shall reimburse all other
hospitals at the rates | ||||||
9 | in effect on June 30, 1995, less the portion of such
rates | ||||||
10 | attributed by the Illinois Department to the cost of | ||||||
11 | medical education.
For inpatient hospital services | ||||||
12 | provided on or after August 1, 1998, the
Illinois | ||||||
13 | Department may establish by rule a means of adjusting the | ||||||
14 | rates of
children's hospitals, as defined in 89 Illinois | ||||||
15 | Administrative Code Section
149.50(c)(3), that did not | ||||||
16 | meet that definition on June 30, 1995, in order
for the | ||||||
17 | inpatient hospital rates of such hospitals to take into | ||||||
18 | account the
average inpatient hospital rates of those | ||||||
19 | children's hospitals that did meet
the definition of | ||||||
20 | children's hospitals on June 30, 1995.
| ||||||
21 | (3) (Blank)
| ||||||
22 | (4) Notwithstanding any other provision of this | ||||||
23 | Section, hospitals
that on August 31, 1991, have a contract | ||||||
24 | with the Illinois Department under
Section 3-4 of the | ||||||
25 | Illinois Health Finance Reform Act may elect to continue
to | ||||||
26 | be reimbursed at rates stated in such contracts for general |
| |||||||
| |||||||
1 | and specialty
care.
| ||||||
2 | (5) In addition to any payments made under this | ||||||
3 | subsection (a), the
Illinois Department shall make the | ||||||
4 | adjustment payments required by Section
5-5.02 of this | ||||||
5 | Code; provided, that in the case of any hospital reimbursed
| ||||||
6 | under a per case methodology, the Illinois Department shall | ||||||
7 | add an amount
equal to the product of the hospital's | ||||||
8 | average length of stay, less one
day, multiplied by 20, for | ||||||
9 | inpatient hospital services rendered on or
after September | ||||||
10 | 1, 1991 and on or before September 30, 1992.
| ||||||
11 | (b) (Blank)
| ||||||
12 | (b-5) Excepting county providers as defined in Article XV | ||||||
13 | of this Code,
hospitals licensed under the University of | ||||||
14 | Illinois Hospital Act, and
facilities operated by the Illinois | ||||||
15 | Department of Mental Health and
Developmental Disabilities (or | ||||||
16 | its successor, the Department of Human
Services), for | ||||||
17 | outpatient services rendered on or after July 1, 1995
and | ||||||
18 | before July 1, 1998 the Illinois Department shall reimburse
| ||||||
19 | children's hospitals, as defined in the Illinois | ||||||
20 | Administrative Code
Section 149.50(c)(3), at the rates in | ||||||
21 | effect on June 30, 1995, less that
portion of such rates | ||||||
22 | attributed by the Illinois Department to the outpatient
| ||||||
23 | indigent volume adjustment and shall reimburse all other | ||||||
24 | hospitals at the rates
in effect on June 30, 1995, less the | ||||||
25 | portions of such rates attributed by the
Illinois Department to | ||||||
26 | the cost of medical education and attributed by the
Illinois |
| |||||||
| |||||||
1 | Department to the outpatient indigent volume adjustment. For
| ||||||
2 | outpatient services provided on or after July 1, 1998, | ||||||
3 | reimbursement rates , including reimbursement rates for | ||||||
4 | facilities operated by the Department of Healthcare and Family | ||||||
5 | Services on and after January 1, 2011, as successor of the | ||||||
6 | Department of Human Services with respect to functions relating | ||||||
7 | to mental health, shall be established by rule.
| ||||||
8 | (c) In addition to any other payments under this Code, the | ||||||
9 | Illinois
Department shall develop a hospital disproportionate | ||||||
10 | share reimbursement
methodology that, effective July 1, 1991, | ||||||
11 | through September 30, 1992,
shall reimburse hospitals | ||||||
12 | sufficiently to expend the fee monies described
in subsection | ||||||
13 | (b) of Section 14-3 of this Code and the federal matching
funds | ||||||
14 | received by the Illinois Department as a result of expenditures | ||||||
15 | made
by the Illinois Department as required by this subsection | ||||||
16 | (c) and Section
14-2 that are attributable to fee monies | ||||||
17 | deposited in the Fund, less
amounts applied to adjustment | ||||||
18 | payments under Section 5-5.02.
| ||||||
19 | (d) Critical Care Access Payments.
| ||||||
20 | (1) In addition to any other payments made under this | ||||||
21 | Code,
the Illinois Department shall develop a | ||||||
22 | reimbursement methodology that shall
reimburse Critical | ||||||
23 | Care Access Hospitals for the specialized services that
| ||||||
24 | qualify them as Critical Care Access Hospitals. No | ||||||
25 | adjustment payments shall be
made under this subsection on | ||||||
26 | or after July 1, 1995.
|
| |||||||
| |||||||
1 | (2) "Critical Care Access Hospitals" includes, but is | ||||||
2 | not limited to,
hospitals that meet at least one of the | ||||||
3 | following criteria:
| ||||||
4 | (A) Hospitals located outside of a metropolitan | ||||||
5 | statistical area that
are designated as Level II | ||||||
6 | Perinatal Centers and that provide a
disproportionate | ||||||
7 | share of perinatal services to recipients; or
| ||||||
8 | (B) Hospitals that are designated as Level I Trauma | ||||||
9 | Centers (adult
or pediatric) and certain Level II | ||||||
10 | Trauma Centers as determined by the
Illinois | ||||||
11 | Department; or
| ||||||
12 | (C) Hospitals located outside of a metropolitan | ||||||
13 | statistical area and
that provide a disproportionate | ||||||
14 | share of obstetrical services to recipients.
| ||||||
15 | (e) Inpatient high volume adjustment. For hospital | ||||||
16 | inpatient services,
effective with rate periods beginning on or | ||||||
17 | after October 1, 1993, in
addition to rates paid for inpatient | ||||||
18 | services by the Illinois Department, the
Illinois Department | ||||||
19 | shall make adjustment payments for inpatient services
| ||||||
20 | furnished by Medicaid high volume hospitals. The Illinois | ||||||
21 | Department shall
establish by rule criteria for qualifying as a | ||||||
22 | Medicaid high volume hospital
and shall establish by rule a | ||||||
23 | reimbursement methodology for calculating these
adjustment | ||||||
24 | payments to Medicaid high volume hospitals. No adjustment | ||||||
25 | payment
shall be made under this subsection for services | ||||||
26 | rendered on or after July 1,
1995.
|
| |||||||
| |||||||
1 | (f) The Illinois Department shall modify its current rules | ||||||
2 | governing
adjustment payments for targeted access, critical | ||||||
3 | care access, and
uncompensated care to classify those | ||||||
4 | adjustment payments as not being payments
to disproportionate | ||||||
5 | share hospitals under Title XIX of the federal Social
Security | ||||||
6 | Act. Rules adopted under this subsection shall not be effective | ||||||
7 | with
respect to services rendered on or after July 1, 1995. The | ||||||
8 | Illinois Department
has no obligation to adopt or implement any | ||||||
9 | rules or make any payments under
this subsection for services | ||||||
10 | rendered on or after July 1, 1995.
| ||||||
11 | (f-5) The State recognizes that adjustment payments to | ||||||
12 | hospitals providing
certain services or incurring certain | ||||||
13 | costs may be necessary to assure that
recipients of medical | ||||||
14 | assistance have adequate access to necessary medical
services. | ||||||
15 | These adjustments include payments for teaching costs and
| ||||||
16 | uncompensated care, trauma center payments, rehabilitation | ||||||
17 | hospital payments,
perinatal center payments, obstetrical care | ||||||
18 | payments, targeted access payments,
Medicaid high volume | ||||||
19 | payments, and outpatient indigent volume payments. On or
before | ||||||
20 | April 1, 1995, the Illinois Department shall issue | ||||||
21 | recommendations
regarding (i) reimbursement mechanisms or | ||||||
22 | adjustment payments to reflect these
costs and services, | ||||||
23 | including methods by which the payments may be calculated
and | ||||||
24 | the method by which the payments may be financed, and (ii) | ||||||
25 | reimbursement
mechanisms or adjustment payments to reflect | ||||||
26 | costs and services of federally
qualified health centers with |
| |||||||
| |||||||
1 | respect to recipients of medical assistance.
| ||||||
2 | (g) If one or more hospitals file suit in any court | ||||||
3 | challenging any part of
this Article XIV, payments to hospitals | ||||||
4 | under this Article XIV shall be made
only to the extent that | ||||||
5 | sufficient monies are available in the Fund and only to
the | ||||||
6 | extent that any monies in the Fund are not prohibited from | ||||||
7 | disbursement
under any order of the court.
| ||||||
8 | (h) Payments under the disbursement methodology described | ||||||
9 | in this Section
are subject to approval by the federal | ||||||
10 | government in an appropriate State plan
amendment.
| ||||||
11 | (i) The Illinois Department may by rule establish criteria | ||||||
12 | for and develop
methodologies for adjustment payments to | ||||||
13 | hospitals participating under this
Article.
| ||||||
14 | (j) Hospital Residing Long Term Care Services. In addition | ||||||
15 | to any other
payments made under this Code, the Illinois | ||||||
16 | Department may by rule establish
criteria and develop | ||||||
17 | methodologies for payments to hospitals for Hospital
Residing | ||||||
18 | Long Term Care Services.
| ||||||
19 | (Source: P.A. 93-20, eff. 6-20-03.)
| ||||||
20 | Section 1070. The Mental Health and Developmental | ||||||
21 | Disabilities Code is amended by changing Sections 1-105, 2-202, | ||||||
22 | 3-207, 3-704.1, 4-209, 5-100A, 5-103, 5-107.2, and 5-111 and by | ||||||
23 | adding Sections 1-105.5 and 5-5 as follows:
| ||||||
24 | (405 ILCS 5/1-105) (from Ch. 91 1/2, par. 1-105)
|
| |||||||
| |||||||
1 | Sec. 1-105.
Before January 1, 2011, "Department" means the | ||||||
2 | Department of Human Services in its
capacity as successor to | ||||||
3 | the Department of Mental Health and Developmental
| ||||||
4 | Disabilities. Unless the context otherwise requires, direct or | ||||||
5 | indirect
references in this Code to the programs,
employees, | ||||||
6 | facilities, service providers, or service recipients of the
| ||||||
7 | Department shall be construed to refer only to those programs, | ||||||
8 | employees,
facilities, service providers, or service | ||||||
9 | recipients of the Department that
pertain to its mental health | ||||||
10 | and developmental disabilities functions.
| ||||||
11 | On and after January 1, 2011, "Department" means: | ||||||
12 | (1) The Department of Human Services with respect to | ||||||
13 | functions under this Code relating to developmental | ||||||
14 | disabilities. | ||||||
15 | (2) The Department of Healthcare and Family Services | ||||||
16 | with respect to functions under this Code relating to | ||||||
17 | mental health. | ||||||
18 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
19 | (405 ILCS 5/1-105.5 new) | ||||||
20 | Sec. 1-105.5. Director. "Director means the Director of | ||||||
21 | Healthcare and Family Services.
| ||||||
22 | (405 ILCS 5/2-202) (from Ch. 91 1/2, par. 2-202)
| ||||||
23 | Sec. 2-202.
The Secretary of Human Services , the Director | ||||||
24 | of Healthcare and Family Services, and the facility director of
|
| |||||||
| |||||||
1 | each service provider shall adopt in writing such policies and | ||||||
2 | procedures as
are necessary to implement this Chapter. Such | ||||||
3 | policies and procedures may
amplify or expand, but shall not | ||||||
4 | restrict or limit, the rights guaranteed to
recipients by this | ||||||
5 | Chapter.
| ||||||
6 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
7 | (405 ILCS 5/3-207) (from Ch. 91 1/2, par. 3-207)
| ||||||
8 | Sec. 3-207.
(a) Hearings under Sections 3-405, 3-904 and | ||||||
9 | 3-911 of
this Chapter shall be conducted by a utilization | ||||||
10 | review committee. The Secretary and the Director
shall appoint | ||||||
11 | a
utilization review committee at each Department facility | ||||||
12 | operated by his or her respective Department . Each such | ||||||
13 | committee
shall consist of a multi-disciplinary group of | ||||||
14 | professional staff members who
are trained and equipped to deal | ||||||
15 | with the clinical and treatment needs of
recipients. The | ||||||
16 | recipient and the objector may be represented by persons of
| ||||||
17 | their choice.
| ||||||
18 | (b) The committee shall not be bound by rules of evidence | ||||||
19 | or procedure
but shall conduct the proceedings in a manner | ||||||
20 | intended to ensure a fair
hearing. The committee may make such | ||||||
21 | investigation as it deems necessary.
A record of the | ||||||
22 | proceedings shall be made and shall be kept in the recipient's
| ||||||
23 | record. Within 3 days of conclusion of the hearing, the | ||||||
24 | committee shall
submit to the facility director its written | ||||||
25 | recommendations which include its factual findings
and |
| |||||||
| |||||||
1 | conclusions. A copy of the recommendations shall be given to | ||||||
2 | the recipient
and the objector.
| ||||||
3 | (c) Within 7 days of receipt of the recommendations, the | ||||||
4 | facility director shall give written
notice to the recipient | ||||||
5 | and objector of his acceptance or rejection of the
| ||||||
6 | recommendations and his reason therefor. If the director of the | ||||||
7 | facility rejects the recommendations or if the
recipient or | ||||||
8 | objector requests review of the director's decision, the | ||||||
9 | director
shall promptly forward a copy of his decision, the | ||||||
10 | recommendations, and the
record of the hearing to the Secretary | ||||||
11 | of Human Services or the Director of Healthcare and Family | ||||||
12 | Services the Department for
final review. The decision of the | ||||||
13 | facility director or the decision of the
Secretary or the | ||||||
14 | Director of the Department , if his review was requested,
shall | ||||||
15 | be considered a final administrative decision.
| ||||||
16 | (Source: P.A. 91-726, eff. 6-2-00.)
| ||||||
17 | (405 ILCS 5/3-704.1)
| ||||||
18 | Sec. 3-704.1. Task force.
| ||||||
19 | (a) The Illinois Law Enforcement Training Standards Board | ||||||
20 | shall convene a
task force for the purpose of developing and | ||||||
21 | recommending for adoption by the
Board a model protocol | ||||||
22 | concerning the involvement of mental health
professionals when | ||||||
23 | a peace officer is required to transport an individual for a
| ||||||
24 | mental
health examination pursuant to an order entered under | ||||||
25 | subsection (a) of Section
3-704. The task force in its |
| |||||||
| |||||||
1 | discretion may also develop other model protocols
concerning | ||||||
2 | the interaction between law enforcement and individuals with | ||||||
3 | mental
illness. The task force shall have no more than 19 | ||||||
4 | members, appointed by the
Executive Director of the Illinois | ||||||
5 | Law Enforcement Training Standards Board,
and shall be | ||||||
6 | comprised of the following:
(i) up to 8 representatives from | ||||||
7 | law enforcement,
(ii)
up to 8 representatives of community | ||||||
8 | mental health service providers and
State operated and private | ||||||
9 | psychiatric hospitals, including up to 3
representatives of the | ||||||
10 | Division Office of Mental Health, Department of Human Services | ||||||
11 | (before January 1, 2011) or Department of Healthcare and Family | ||||||
12 | Services (on or after January 1, 2011) ,
and (iii) 3
members of | ||||||
13 | the general public, at least one of whom must be a primary | ||||||
14 | consumer
of mental health services. In establishing the task | ||||||
15 | force every effort shall
be made to ensure that it represents | ||||||
16 | the geographic diversity of the State.
| ||||||
17 | (b) The members of the task force shall serve without | ||||||
18 | compensation and shall
not receive reimbursement for any | ||||||
19 | expense incurred in performing their duties.
| ||||||
20 | (c) Prior to taking any formal action upon the | ||||||
21 | recommendations of the task
force, the Board shall hold a | ||||||
22 | public hearing to provide the opportunity for
individuals with | ||||||
23 | mental illness and their family members, mental health
advocacy | ||||||
24 | organizations, and the public at large to review, comment upon, | ||||||
25 | and
suggest any changes to the proposed model protocols.
| ||||||
26 | (d) The Board shall submit to the General Assembly, no |
| |||||||
| |||||||
1 | later than
March 1, 2001, whatever model protocols it has | ||||||
2 | adopted under subsection
(a).
| ||||||
3 | (Source: P.A. 91-837, eff. 6-16-00.)
| ||||||
4 | (405 ILCS 5/4-209) (from Ch. 91 1/2, par. 4-209)
| ||||||
5 | Sec. 4-209.
(a) Hearings under Sections 4-201.1, 4-312, | ||||||
6 | 4-704 and 4-709
of this Chapter shall be conducted by a | ||||||
7 | utilization review committee. The
Secretary or the Director | ||||||
8 | shall appoint a utilization review committee at each
Department
| ||||||
9 | facility operated by his or her respective Department . Each | ||||||
10 | such committee shall consist of multi-disciplinary
| ||||||
11 | professional staff members who are trained and equipped to deal | ||||||
12 | with the
habilitation needs of clients. At least one member of | ||||||
13 | the committee shall
be a qualified mental retardation | ||||||
14 | professional. The client and the objector
may be represented by | ||||||
15 | persons of their choice.
| ||||||
16 | (b) The utilization review committee shall not be bound by | ||||||
17 | rules of
evidence or procedure but shall conduct the | ||||||
18 | proceedings in a manner
intended to ensure a fair hearing. The | ||||||
19 | committee may make such
investigation as it deems necessary. It | ||||||
20 | may administer oaths and compel by
subpoena testimony and the | ||||||
21 | production of records. A stenographic or audio
recording of the | ||||||
22 | proceedings shall be made and shall be kept in the
client's | ||||||
23 | record. Within 3 days of conclusion of the hearing, the | ||||||
24 | committee
shall submit to the facility director its written | ||||||
25 | recommendations which
include its factual findings and |
| |||||||
| |||||||
1 | conclusions. A copy of the
recommendations shall be given to | ||||||
2 | the client and the objector.
| ||||||
3 | (c) Within 7 days of receipt of the recommendations, the | ||||||
4 | facility director
shall give written notice to the client and | ||||||
5 | objector of his acceptance or
rejection of the recommendations | ||||||
6 | and his reason therefor. If the facility
director rejects the | ||||||
7 | recommendations or if the client or objector requests
review of | ||||||
8 | the facility director's decision, the facility director shall
| ||||||
9 | promptly forward a copy of his decision, the recommendations, | ||||||
10 | and the record
of the hearing to the Secretary Human Services | ||||||
11 | or the Director of Healthcare and Family Services of the | ||||||
12 | Department for final
review. The review of the facility | ||||||
13 | director's decision shall be decided by the
Secretary or the | ||||||
14 | Director or his or her designee
within 30 days of the receipt | ||||||
15 | of a request for final review. The decision of
the facility | ||||||
16 | director, or the decision of the Secretary or the Director (or | ||||||
17 | his or her
designee) if review was requested, shall be | ||||||
18 | considered a final
administrative decision, and shall be | ||||||
19 | subject to review under and in accordance
with Article III of | ||||||
20 | the Code of Civil Procedure. The decision of the facility
| ||||||
21 | director, or the decision of the Secretary or the Director (or | ||||||
22 | his or her designee) if review
was requested, shall be
| ||||||
23 | considered a final administrative decision.
| ||||||
24 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
25 | (405 ILCS 5/5-5 new) |
| |||||||
| |||||||
1 | Sec. 5-5. Transfer of mental health functions. On and after | ||||||
2 | January 1, 2011, the Director of Healthcare and Family Services | ||||||
3 | shall exercise all of the powers, duties, rights, and | ||||||
4 | responsibilities with respect to the functions relating to | ||||||
5 | mental health under this Code that are transferred from the | ||||||
6 | Department of Human Services to the Department of Healthcare | ||||||
7 | and Family Services on that date under Section 2205-15 of the | ||||||
8 | Department of Healthcare and Family Services Law of the Civil | ||||||
9 | Administrative Code of Illinois.
| ||||||
10 | (405 ILCS 5/5-100A) (from Ch. 91 1/2, par. 5-100A)
| ||||||
11 | Sec. 5-100A. Review Board.
| ||||||
12 | (a) There is created the Mental Health and Developmental | ||||||
13 | Disabilities
Medical Review Board, hereinafter referred to as | ||||||
14 | the Board, consisting of 5
members appointed by the Governor, | ||||||
15 | who shall be physicians licensed to practice
medicine in all | ||||||
16 | its branches, including specialists in psychiatry and primary
| ||||||
17 | care. Members shall serve at the pleasure of the Governor and | ||||||
18 | shall receive no
compensation but may be reimbursed for actual | ||||||
19 | and
necessary expenses incurred in the performance of their | ||||||
20 | duties. The terms of
members appointed before the effective | ||||||
21 | date of this amendatory Act of 1995
shall expire on the | ||||||
22 | effective date of this amendatory Act of 1995. As soon as
| ||||||
23 | possible after the effective date of this amendatory Act of | ||||||
24 | 1995, the Governor
shall appoint new Board members.
| ||||||
25 | The Governor shall designate one member as chairman. The |
| |||||||
| |||||||
1 | chairman shall
appoint an executive secretary and such other | ||||||
2 | officers and employees as may
be necessary to perform the | ||||||
3 | functions of the Board. The chairman may
appoint one or more | ||||||
4 | committees of Board members and
delegate in writing to any such | ||||||
5 | committee the authority to perform any of the
Board's functions | ||||||
6 | and duties and to exercise any of its powers. Any reports
of | ||||||
7 | such committees shall be forwarded to the chairman for review | ||||||
8 | and forwarding
to the Secretary. The chairman may also seek | ||||||
9 | consultation
from consultants, including but not limited to | ||||||
10 | specialists in forensic
pathology and forensic psychiatry.
| ||||||
11 | (b) The director or chief officer of every mental health or | ||||||
12 | developmental
disabilities facility licensed or operated by | ||||||
13 | the Department shall
immediately report the death of any | ||||||
14 | recipient of services at the facility to
the Board in a manner | ||||||
15 | and form prescribed by the Board, but in any case within
3 | ||||||
16 | working days of the death.
| ||||||
17 | (c) The Board's functions shall include the following:
| ||||||
18 | (1) investigation of any death that occurs within 24 | ||||||
19 | hours after
admission;
| ||||||
20 | (2) investigation of the causes and
circumstances of | ||||||
21 | unusual deaths or deaths from other than natural
causes;
| ||||||
22 | (3) expert consultation with the Inspector General on | ||||||
23 | suspected abuse
and neglect investigations that the | ||||||
24 | Inspector General determines require
independent medical | ||||||
25 | review;
| ||||||
26 | (4) investigation of all suspected cases of neglect |
| |||||||
| |||||||
1 | concerning delivery of
medical services, including | ||||||
2 | investigations by the Inspector General;
| ||||||
3 | (5) visitation and inspection of any facility
operated | ||||||
4 | by the Department in which such a death has occurred;
| ||||||
5 | (6) reporting upon its review of the cause and | ||||||
6 | circumstances of the death
of any recipient to the | ||||||
7 | Secretary or the Director, and his or her designee , and, | ||||||
8 | when appropriate, making recommendations to those
| ||||||
9 | individuals and to the facility director to prevent similar | ||||||
10 | deaths; and
| ||||||
11 | (7) reporting by April 1 of each year to the
Governor | ||||||
12 | and the Legislature concerning its work during the | ||||||
13 | preceding year and
reporting more frequently to the | ||||||
14 | Governor or the Legislature as
such bodies shall direct or | ||||||
15 | as it shall deem advisable.
| ||||||
16 | (d) All records of the Board's proceedings and | ||||||
17 | deliberations and any
testimony given before it are protected | ||||||
18 | from disclosure under Section
8-2101 of the Code of Civil | ||||||
19 | Procedure and are subject to the Mental Health
and | ||||||
20 | Developmental Disabilities Confidentiality Act.
| ||||||
21 | (e) Notwithstanding any report by the facility director or | ||||||
22 | chief officer
to the Board and any subsequent investigation by | ||||||
23 | the Board, the facility
director or chief officer shall also | ||||||
24 | report such incidents to other
agencies or entities as may be | ||||||
25 | required by law or policies and procedures
of the Department | ||||||
26 | with respect to deaths. Investigations by the Board are
not to |
| |||||||
| |||||||
1 | be in lieu of or to replace those lawful duties of other | ||||||
2 | agencies or
entities.
| ||||||
3 | (f) If the report by the Board to the Secretary or the | ||||||
4 | Director contains a
conclusion of
misconduct or criminal acts, | ||||||
5 | such facts shall be forwarded by the Secretary or the Director | ||||||
6 | to
the appropriate law enforcement or disciplinary entity.
| ||||||
7 | (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
| ||||||
8 | (405 ILCS 5/5-103) (from Ch. 91 1/2, par. 5-103)
| ||||||
9 | Sec. 5-103.
The Department, or any health officer of this | ||||||
10 | State or
any municipality where any person subject to | ||||||
11 | involuntary admission or who
meets the standard for judicial | ||||||
12 | admission may be, may inquire into the manner
in which any such | ||||||
13 | person who is not a recipient of services in a state facility
| ||||||
14 | is cared for and maintained. Whenever the Department has reason | ||||||
15 | to believe
that any person asserted or adjudged to be subject | ||||||
16 | to involuntary admission or
to meet the standard for judicial | ||||||
17 | admission is confined and may be wrongfully
deprived of his | ||||||
18 | liberty, or is cruelly, negligently or improperly treated,
or | ||||||
19 | that inadequate provision is made for his care, supervision and | ||||||
20 | safekeeping,
it may ascertain the facts or may order an | ||||||
21 | investigation of the facts. The
Department, or any duly | ||||||
22 | authorized representative of the Department, may at
any time | ||||||
23 | visit and examine the persons in any place to ascertain if | ||||||
24 | persons
subject to involuntary admission or who meet the | ||||||
25 | standard for judicial
admission are kept therein. The Secretary |
| |||||||
| |||||||
1 | or the Director , or any duly
authorized representative of the | ||||||
2 | Department conducting the investigation, may
administer oaths | ||||||
3 | and issue
subpoenas requiring the attendance of and the giving | ||||||
4 | of testimony by witnesses
and subpoenas duces tecum requiring | ||||||
5 | the production of books, papers, records,
or memoranda. All | ||||||
6 | subpoenas issued under this Act may be served by any
person 18 | ||||||
7 | years of age or older. The fees of witnesses for attendance and
| ||||||
8 | travel are the
same as the fees of witnesses before the circuit | ||||||
9 | courts of this State. Such
fees are to be paid when the witness | ||||||
10 | is excused from further attendance.
When the witness is | ||||||
11 | subpoenaed at the instance of the Department or any
officer or | ||||||
12 | employee thereof, such fees shall be paid in the same manner as
| ||||||
13 | other expenses of the Department, and when the witness is | ||||||
14 | subpoenaed at the
instance of any other party to any such | ||||||
15 | proceeding the Department may require
that the cost of service | ||||||
16 | of the subpoena and the fee of the witness be borne
by such | ||||||
17 | party. In such case the Department, in its discretion, may | ||||||
18 | require
a deposit to cover the cost of such service and witness | ||||||
19 | fees. A subpoena
issued under this Section must be served in | ||||||
20 | the same manner as a subpoena
issued out of a court.
| ||||||
21 | Any court of this State, upon the application of the | ||||||
22 | Department or any
officer or employee thereof may compel the | ||||||
23 | attendance of witnesses, the
production of books, papers, | ||||||
24 | records, or memoranda and the giving of testimony
before the | ||||||
25 | Department or any officer or employee thereof conducting an
| ||||||
26 | investigation or holding a hearing authorized by this Act, by |
| |||||||
| |||||||
1 | an attachment
for contempt, or otherwise, in the same manner as | ||||||
2 | production of evidence may
be compelled before that court. The | ||||||
3 | Department or any officer or employee
thereof, or any party | ||||||
4 | interested in an investigation or hearing before the
| ||||||
5 | Department, may cause the depositions of witnesses residing | ||||||
6 | within or without
the State to be taken in the manner | ||||||
7 | prescribed by law for like depositions
in civil actions in | ||||||
8 | courts of this State and, to that end, compel the
attendance of | ||||||
9 | witnesses and the production of books, papers, records or
| ||||||
10 | memoranda.
| ||||||
11 | Whenever the Department undertakes an investigation into | ||||||
12 | the general
management and administration of any facility, it | ||||||
13 | may give notice to the
Attorney General who shall appear | ||||||
14 | personally or by an assistant and examine
witnesses who may be | ||||||
15 | in attendance and otherwise represent the Department in
such | ||||||
16 | investigation.
| ||||||
17 | Any recipient's records or confidential communications | ||||||
18 | disclosed under
this Section or under proceedings pursuant | ||||||
19 | thereto shall not lose their
confidential and privileged | ||||||
20 | character as established by the "Mental Health
and | ||||||
21 | Developmental Disabilities Confidentiality Act", enacted by | ||||||
22 | the 80th
General Assembly; such records or confidential | ||||||
23 | communications shall not
be utilized for any other purpose nor | ||||||
24 | be redisclosed or otherwise discoverable
except in connection | ||||||
25 | with such investigation and proceedings pursuant thereto.
| ||||||
26 | (Source: P.A. 89-507, eff. 7-1-97.)
|
| |||||||
| |||||||
1 | (405 ILCS 5/5-107.2) (from Ch. 91 1/2, par. 5-107.2)
| ||||||
2 | Sec. 5-107.2.
The Department shall charge, collect and | ||||||
3 | receive fees or
money equivalent to the cost of providing | ||||||
4 | Department personnel, equipment,
commodities and services
to | ||||||
5 | other agencies and branches of State government, units of local
| ||||||
6 | government or the federal government, on such terms and | ||||||
7 | conditions as in
the judgment of the Secretary or the Director | ||||||
8 | are in the best interest of the
State.
| ||||||
9 | All services provided by the Department shall be conducted | ||||||
10 | pursuant to
contracts in accordance with the Intergovernmental | ||||||
11 | Cooperation Act.
| ||||||
12 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
13 | (405 ILCS 5/5-111) (from Ch. 91 1/2, par. 5-111)
| ||||||
14 | Sec. 5-111.
Any person who has been issued a Notice of | ||||||
15 | Determination of sums
due as services charges may petition the | ||||||
16 | Department for a review of that
determination. The petition | ||||||
17 | must be in writing and filed with the Department
within 90 days
| ||||||
18 | from the date of the Notice of Determination. The Department | ||||||
19 | shall provide
for a hearing to be held on the charges for the | ||||||
20 | period covered by the petition.
The Department may after such | ||||||
21 | hearing, cancel, modify or increase such former
determination | ||||||
22 | to an amount not to exceed the maximum provided for such person
| ||||||
23 | by this Act. The Department at its expense shall take testimony | ||||||
24 | and
preserve a record of all proceedings at the hearing upon |
| |||||||
| |||||||
1 | any petition for a
release from or modification of such | ||||||
2 | determination. The petition and other
documents in the nature | ||||||
3 | of pleadings and motions filed in the case, a
transcript of | ||||||
4 | testimony, findings of the Department, and orders of the
| ||||||
5 | Secretary or the Director
constitute the record. The Secretary | ||||||
6 | or the Director shall furnish a
transcript of such
record to | ||||||
7 | any person upon payment therefor of 75¢ per page for each | ||||||
8 | original
transcript and 25¢ per page for each copy thereof. Any | ||||||
9 | person aggrieved by
the decision of the Department upon such | ||||||
10 | hearing may, within 30 days
thereafter,
file a petition with | ||||||
11 | the Department for review of such decision by the Board
of | ||||||
12 | Reimbursement Appeals. The Board of Reimbursement Appeals may | ||||||
13 | approve
action taken by the Department or may remand the case | ||||||
14 | to the Secretary or the Director with
recommendations for | ||||||
15 | redetermination of charges.
| ||||||
16 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
17 | Section 1075. The Mental Treatment for Incarcerated | ||||||
18 | Persons Act is amended by changing Section 2 as follows:
| ||||||
19 | (405 ILCS 15/2) (from Ch. 91 1/2, par. 142)
| ||||||
20 | Sec. 2.
The court shall set a date for a hearing on the | ||||||
21 | petition within
5 days, excluding Saturdays, Sundays and | ||||||
22 | holidays, after the filing of the
petition. The hearing shall | ||||||
23 | be conducted in the manner prescribed in Article
VIII of | ||||||
24 | Chapter III of the "Mental Health and Developmental |
| |||||||
| |||||||
1 | Disabilities
Code", as now and hereafter amended. If the jury | ||||||
2 | by its verdict, or the
court if no jury is requested, finds | ||||||
3 | that the named person is not subject
to involuntary admission, | ||||||
4 | he shall be returned to the institution to which
he was | ||||||
5 | sentenced and committed. If the jury by its verdict, or the | ||||||
6 | court
if no jury is requested, finds that
the named person is | ||||||
7 | subject to involuntary admission, the court shall commit
him to | ||||||
8 | the Department of Human Services (before January 1, 2011) or | ||||||
9 | the Department of Healthcare and Family Services (on or after | ||||||
10 | January 1, 2011) .
If the named person is deemed no longer | ||||||
11 | subject to involuntary admission
and the time for which he was | ||||||
12 | sentenced has not expired, he shall be returned
by the | ||||||
13 | Department of Human Services or the Department of Healthcare | ||||||
14 | and Family Services to the penal or correctional institution | ||||||
15 | from which he was
committed to finish his
original sentence. If | ||||||
16 | the time has expired, he shall be discharged in
accordance
with | ||||||
17 | Article IX of Chapter III of the "Mental Health
and | ||||||
18 | Developmental Disabilities Code", as now and hereafter | ||||||
19 | amended.
| ||||||
20 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
21 | Section 1080. The Community Mental Health Act is amended by | ||||||
22 | changing Sections 2, 3a, 3e, 8, and 10 as follows:
| ||||||
23 | (405 ILCS 20/2) (from Ch. 91 1/2, par. 302)
| ||||||
24 | Sec. 2. Any county, city, village, incorporated town, |
| |||||||
| |||||||
1 | township,
public health district, county health department, | ||||||
2 | multiple-county health
department, school district or any | ||||||
3 | combination thereof, in consultation
with and being advised by | ||||||
4 | the Department of Human Services (before January 1, 2011) or | ||||||
5 | the Department of Healthcare and Family Services (on or after | ||||||
6 | January 1, 2011) ,
shall
have the power to construct, repair, | ||||||
7 | operate, maintain and regulate
community mental health | ||||||
8 | facilities to provide mental health services as
defined by the | ||||||
9 | local community mental health board, including services
for, | ||||||
10 | persons with a developmental disability or substance use | ||||||
11 | disorder, for
residents thereof and/or to contract therefor | ||||||
12 | with any private or public
entity which provides such | ||||||
13 | facilities and services, either in or without
such county, | ||||||
14 | city, village, incorporated town, township, public health
| ||||||
15 | district, county health department, multiple-county health | ||||||
16 | department,
school district or any combination thereof.
| ||||||
17 | (Source: P.A. 95-336, eff. 8-21-07.)
| ||||||
18 | (405 ILCS 20/3a) (from Ch. 91 1/2, par. 303a)
| ||||||
19 | Sec. 3a. Every governmental unit authorized to levy an | ||||||
20 | annual tax
under any of the provisions of this Act shall, | ||||||
21 | before it may levy such
tax, establish a 7 member community | ||||||
22 | mental health board who shall
administer this Act. Such board | ||||||
23 | shall be appointed by the chairman of
the governing body of a | ||||||
24 | county, the mayor of a city, the president of a
village, the | ||||||
25 | president of an incorporated town, or the supervisor of a
|
| |||||||
| |||||||
1 | township, as the case may be, with the advice and consent of | ||||||
2 | the
governing body of such county, city, village, incorporated | ||||||
3 | town or the
town board of trustees of any township. Members of | ||||||
4 | the community mental
health board shall be residents of the | ||||||
5 | government unit and, as nearly as
possible, be representative | ||||||
6 | of interested groups of the community such
as local health | ||||||
7 | departments, medical societies, local comprehensive
health | ||||||
8 | planning agencies, hospital boards, lay associations concerned
| ||||||
9 | with mental health, developmental disabilities and substance | ||||||
10 | abuse, as well as
the general public. Only one member shall be | ||||||
11 | a member of the governing body.
The chairman of the governing | ||||||
12 | body may, upon the request of the community
mental health | ||||||
13 | board, appoint 2 additional members to the community mental
| ||||||
14 | health board. No member of the community mental health board | ||||||
15 | may be a
full-time or part-time employee of the Department of | ||||||
16 | Human Services (before January 1, 2011) or the Department of | ||||||
17 | Healthcare and Family Services (on or after January 1, 2011) or | ||||||
18 | a board member, employee or any other individual
receiving | ||||||
19 | compensation from any facility or service
operating under | ||||||
20 | contract to the board. If a successful referendum is
held under | ||||||
21 | Section 5 of this Act, all members of such board shall be
| ||||||
22 | appointed within 60 days of the referendum.
| ||||||
23 | Home rule units are exempt from this Act. However, they | ||||||
24 | may, by
ordinance, adopt the provisions of this Act, or any | ||||||
25 | portion thereof,
that they may deem advisable.
| ||||||
26 | The tax rate set forth in Section 4 may be levied by any
|
| |||||||
| |||||||
1 | non-home rule unit only pursuant to the approval by the voters | ||||||
2 | at a
referendum. Such referendum may have been held at any time | ||||||
3 | subsequent to the
effective date of the Community Mental Health | ||||||
4 | Act.
| ||||||
5 | (Source: P.A. 95-336, eff. 8-21-07.)
| ||||||
6 | (405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)
| ||||||
7 | Sec. 3e. Board's powers and duties.
| ||||||
8 | (1) Every community mental health board shall, immediately
| ||||||
9 | after appointment, meet and organize, by the election of one of | ||||||
10 | its
number as president and one as secretary and such other | ||||||
11 | officers as it
may deem necessary. It shall make rules and | ||||||
12 | regulations concerning the
rendition or operation of services | ||||||
13 | and facilities which it directs,
supervises or funds, not | ||||||
14 | inconsistent with the provisions of this Act. It shall:
| ||||||
15 | (a) Hold a meeting prior to July 1 of each year at | ||||||
16 | which officers
shall be elected for the ensuing year | ||||||
17 | beginning July 1;
| ||||||
18 | (b) Hold meetings at least quarterly;
| ||||||
19 | (c) Hold special meetings upon a written request signed | ||||||
20 | by at least
2 members and filed with the secretary;
| ||||||
21 | (d) Review and evaluate community mental health | ||||||
22 | services and
facilities, including services and facilities | ||||||
23 | for the treatment of
alcoholism, drug addiction, | ||||||
24 | developmental disabilities and mental
retardation;
| ||||||
25 | (e) Authorize the disbursement of money from the |
| |||||||
| |||||||
1 | community mental health fund for payment for the ordinary | ||||||
2 | and contingent expenses of the board;
| ||||||
3 | (f) Submit to the appointing officer and the members of | ||||||
4 | the governing
body a written plan for a program of | ||||||
5 | community mental health services and
facilities for | ||||||
6 | persons with a mental illness, a
developmental
disability, | ||||||
7 | or a substance use disorder. Such plan shall be for the | ||||||
8 | ensuing 12
month period. In addition, a plan shall be | ||||||
9 | developed for the ensuing 3 year
period and such plan shall | ||||||
10 | be reviewed at the end of every 12 month period and
shall | ||||||
11 | be modified as deemed advisable.
| ||||||
12 | (g) Within amounts appropriated therefor, execute such | ||||||
13 | programs and
maintain such services and facilities as may | ||||||
14 | be authorized under such
appropriations, including amounts | ||||||
15 | appropriated under bond issues, if any;
| ||||||
16 | (h)
Publish the annual budget and report
within 120
| ||||||
17 | days after the end of the fiscal year in a newspaper | ||||||
18 | distributed
within the jurisdiction of the board, or, if no | ||||||
19 | newspaper is published
within the jurisdiction of the | ||||||
20 | board, then one published in the county,
or, if no | ||||||
21 | newspaper is published in the county, then in a newspaper
| ||||||
22 | having general circulation within the jurisdiction of the | ||||||
23 | board. The
report shall show the condition of its trust of | ||||||
24 | that year, the sums of
money received from all sources, | ||||||
25 | giving the name of any donor, how all
monies have been | ||||||
26 | expended and for what purpose, and such other
statistics |
| |||||||
| |||||||
1 | and program information in regard to the work of the board | ||||||
2 | as
it may deem of general interest. A copy of the budget | ||||||
3 | and the annual
report shall be made available to the | ||||||
4 | Department of Human Services (before January 1, 2011) or | ||||||
5 | the Department of Healthcare and Family Services (on or | ||||||
6 | after January 1, 2011) and to members
of the General | ||||||
7 | Assembly whose districts include any part of the
| ||||||
8 | jurisdiction of such board. The names of all employees, | ||||||
9 | consultants, and
other personnel shall be set forth along | ||||||
10 | with the amounts of money received;
| ||||||
11 | (i) Consult with other appropriate private and public | ||||||
12 | agencies
in
the development of local plans for the most | ||||||
13 | efficient delivery of mental
health, developmental | ||||||
14 | disabilities, and substance use disorder services. The | ||||||
15 | Board is authorized
to join and to participate in the | ||||||
16 | activities of associations organized for
the purpose of | ||||||
17 | promoting more efficient and effective services and | ||||||
18 | programs;
| ||||||
19 | (j)
Have the authority to review and comment on all | ||||||
20 | applications for grants by any person,
corporation, or | ||||||
21 | governmental unit providing services within the
| ||||||
22 | geographical area of the board which provides mental health | ||||||
23 | facilities
and services,
including services for the person | ||||||
24 | with a
mental illness, a
developmental disability, or a | ||||||
25 | substance use disorder. The board may require funding | ||||||
26 | applicants to send a copy of their funding application to |
| |||||||
| |||||||
1 | the board at the time
such application is submitted to the | ||||||
2 | Department of Human Services (before January 1, 2011) or | ||||||
3 | the Department of Healthcare and Family Services (on or | ||||||
4 | after January 1, 2011) or to any other local, State or | ||||||
5 | federal funding source or
governmental agency. Within 60 | ||||||
6 | days of the receipt of any application, the
board shall | ||||||
7 | submit its review and comments to the Department of Human
| ||||||
8 | Services (before January 1, 2011) or the Department of | ||||||
9 | Healthcare and Family Services (on or after January 1, | ||||||
10 | 2011) or to any other appropriate local, State
or federal | ||||||
11 | funding source or governmental agency. A copy of the review | ||||||
12 | and
comments shall be submitted to the funding
applicant. | ||||||
13 | Within 60 days thereafter, the Department of
Human | ||||||
14 | Services , the Department of Healthcare and Family | ||||||
15 | Services, or any other appropriate
local or State | ||||||
16 | governmental agency shall issue a written response to
the | ||||||
17 | board and the funding applicant. The Department of Human | ||||||
18 | Services or the Department of Healthcare and Family | ||||||
19 | Services shall supply
any community mental health board | ||||||
20 | such information about
purchase-of-care funds, State | ||||||
21 | facility utilization, and costs in its
geographical area as | ||||||
22 | the board may request provided that the information
| ||||||
23 | requested is for the purpose of the Community Mental Health | ||||||
24 | Board
complying with the requirements of Section 3f, | ||||||
25 | subsection (f) of this Act;
| ||||||
26 | (k) Perform such other acts as may be necessary or |
| |||||||
| |||||||
1 | proper to carry
out the purposes of this Act.
| ||||||
2 | (2) The community mental health board has the following | ||||||
3 | powers:
| ||||||
4 | (a) The board may enter into multiple-year contracts | ||||||
5 | for rendition
or operation of services,
facilities and | ||||||
6 | educational programs.
| ||||||
7 | (b) The board may arrange through intergovernmental | ||||||
8 | agreements or intragovernmental agreements or both for the | ||||||
9 | rendition of services and operation
of
facilities by other | ||||||
10 | agencies or departments of the governmental unit or county | ||||||
11 | in which
the governmental unit is located with the approval | ||||||
12 | of the governing
body.
| ||||||
13 | (c) To employ, establish compensation for, and set | ||||||
14 | policies for its personnel, including legal counsel, as
may | ||||||
15 | be
necessary to carry out the purposes of this Act and | ||||||
16 | prescribe the duties thereof. The
board may enter into | ||||||
17 | multiple-year employment contracts as may be
necessary for | ||||||
18 | the recruitment and retention of personnel and the proper
| ||||||
19 | functioning of the board.
| ||||||
20 | (d) The board may enter into multiple-year joint | ||||||
21 | agreements,
which shall be written, with other
mental | ||||||
22 | health boards and boards of health to provide jointly
| ||||||
23 | agreed upon community mental health facilities and | ||||||
24 | services and to pool
such funds as may be deemed necessary | ||||||
25 | and available for this purpose.
| ||||||
26 | (e) The board may organize a not-for-profit |
| |||||||
| |||||||
1 | corporation for the purpose of
providing direct recipient | ||||||
2 | services. Such corporations shall have, in addition
to all | ||||||
3 | other lawful powers, the power to contract with persons to | ||||||
4 | furnish
services for recipients of the corporation's | ||||||
5 | facilities, including
psychiatrists and other physicians | ||||||
6 | licensed in this State to practice medicine
in all of its | ||||||
7 | branches. Such physicians shall be considered independent
| ||||||
8 | contractors, and liability for any malpractice shall not | ||||||
9 | extend to such
corporation, nor to the community mental | ||||||
10 | health board, except for gross
negligence in entering into | ||||||
11 | such a contract.
| ||||||
12 | (f) The board shall not operate any direct recipient | ||||||
13 | services for more
than
a 2-year period when such services | ||||||
14 | are being provided in the governmental unit,
but shall | ||||||
15 | encourage, by financial support, the development of | ||||||
16 | private agencies
to deliver such needed services, pursuant | ||||||
17 | to regulations of the board.
| ||||||
18 | (g) Where there are multiple boards within the same | ||||||
19 | planning area, as
established by the Department of Human | ||||||
20 | Services or the Department of Healthcare and Family | ||||||
21 | Services , services
may be purchased through a single | ||||||
22 | delivery system. In such areas, a
coordinating body with | ||||||
23 | representation from each board shall be established to
| ||||||
24 | carry out the service functions of this Act. In the event | ||||||
25 | any such coordinating
body purchases or improves real | ||||||
26 | property, such body shall first obtain the
approval of the |
| |||||||
| |||||||
1 | governing bodies of the governmental units in which the
| ||||||
2 | coordinating body is located.
| ||||||
3 | (h) The board may enter into multiple-year joint | ||||||
4 | agreements with
other governmental units
located within | ||||||
5 | the geographical area of the board. Such agreements
shall | ||||||
6 | be written and shall provide for the rendition of services | ||||||
7 | by the
board to the residents of such governmental units.
| ||||||
8 | (i) The board may enter into multiple-year joint | ||||||
9 | agreements with federal, State, and local governments, | ||||||
10 | including
the Department of Human Services or the | ||||||
11 | Department of Healthcare and Family Services ,
whereby the | ||||||
12 | board will provide certain
services. All such joint | ||||||
13 | agreements must provide for the exchange of
relevant data. | ||||||
14 | However, nothing in this Act shall be construed to permit
| ||||||
15 | the abridgement of the confidentiality of patient records.
| ||||||
16 | (j) The board may receive gifts from private sources | ||||||
17 | for purposes not
inconsistent
with the provisions of this | ||||||
18 | Act.
| ||||||
19 | (k) The board may receive Federal, State and local | ||||||
20 | funds for purposes
not inconsistent with the provisions of | ||||||
21 | this Act.
| ||||||
22 | (l) The board may establish scholarship programs. Such | ||||||
23 | programs shall
require
equivalent
service or reimbursement | ||||||
24 | pursuant to regulations of the board.
| ||||||
25 | (m) The board may sell, rent, or lease real property | ||||||
26 | for purposes
consistent with this
Act.
|
| |||||||
| |||||||
1 | (n) The board may: (i) own real property, lease real | ||||||
2 | property as lessee,
or
acquire real property by purchase, | ||||||
3 | construction, lease-purchase agreement, or
otherwise; (ii) | ||||||
4 | take title to the property in the board's name; (iii) | ||||||
5 | borrow
money and issue debt instruments, mortgages, | ||||||
6 | purchase-money mortgages, and
other security instruments | ||||||
7 | with respect to the property; and (iv) maintain,
repair, | ||||||
8 | remodel, or improve the property. All of these activities | ||||||
9 | must be for
purposes consistent with this Act as may be | ||||||
10 | reasonably necessary for the
housing and proper | ||||||
11 | functioning of the board. The board may use moneys in the
| ||||||
12 | Community Mental Health Fund for these purposes.
| ||||||
13 | (o) The board may organize a not-for-profit | ||||||
14 | corporation (i) for the
purpose of raising money to be | ||||||
15 | distributed by the board for providing community
mental | ||||||
16 | health services and facilities for the treatment of | ||||||
17 | alcoholism, drug
addiction, developmental disabilities, | ||||||
18 | and mental retardation or (ii) for
other purposes not | ||||||
19 | inconsistent with this Act.
| ||||||
20 | (Source: P.A. 95-336, eff. 8-21-07.)
| ||||||
21 | (405 ILCS 20/8) (from Ch. 91 1/2, par. 308)
| ||||||
22 | Sec. 8.
The Secretary of Human Services (before January 1, | ||||||
23 | 2011) or the Director of Healthcare and Family Services (on or | ||||||
24 | after January 1, 2011) may make grants-in-aid to such
county, | ||||||
25 | city, village, incorporated town, township, public health |
| |||||||
| |||||||
1 | district,
county health department, multiple-county health | ||||||
2 | department, school district or
any combination thereof in | ||||||
3 | accordance with the provisions of Section 34 of the
Mental | ||||||
4 | Health and Developmental Disabilities Administrative Act. | ||||||
5 | However, no
such grants shall be made without first considering | ||||||
6 | the review and comments
made by the board as set forth in | ||||||
7 | Section 3e and responding
thereto. The Department shall make | ||||||
8 | all rules necessary for carrying out the
provisions of this | ||||||
9 | Section, including the setting of standards of eligibility
for | ||||||
10 | state assistance.
| ||||||
11 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
12 | (405 ILCS 20/10) (from Ch. 91 1/2, par. 310)
| ||||||
13 | Sec. 10. Whenever the board and the governing body of a | ||||||
14 | governmental unit by
resolution determines that it is necessary | ||||||
15 | to issue bonds of the governmental
unit to enable it to provide | ||||||
16 | buildings for or to make permanent improvements in
the | ||||||
17 | community mental health facilities, including facilities for | ||||||
18 | the person
with a developmental disability or a substance use | ||||||
19 | disorder, the governing body
shall so instruct the clerk of the | ||||||
20 | governmental unit. Thereupon, such clerk
shall certify the | ||||||
21 | proposition to the proper election officials who shall submit
| ||||||
22 | the proposition at a regular election in accordance with the | ||||||
23 | general election
law. However, before such resolution is | ||||||
24 | adopted, a report must be filed with
the board and the | ||||||
25 | governing body by the Department of Human Services (before |
| |||||||
| |||||||
1 | January 1, 2011) or the Department of Healthcare and Family | ||||||
2 | Services (on or after January 1, 2011) as to the advisability | ||||||
3 | of any
proposed building or of any proposed permanent | ||||||
4 | improvements in existing
facilities.
| ||||||
5 | (Source: P.A. 95-336, eff. 8-21-07.)
| ||||||
6 | Section 1085. The Community Services Act is amended by | ||||||
7 | changing Sections 1, 2, 3, 4, 4.4, 4.5, and 4.6 as follows:
| ||||||
8 | (405 ILCS 30/1) (from Ch. 91 1/2, par. 901)
| ||||||
9 | Sec. 1. Purpose. It is declared to be the policy and intent | ||||||
10 | of the Illinois
General Assembly that the Department of Human | ||||||
11 | Services assume leadership in
facilitating the establishment | ||||||
12 | of
comprehensive
and coordinated arrays of private and public | ||||||
13 | services for persons with mental
illness, persons with a | ||||||
14 | developmental disability, and alcohol and drug
dependent | ||||||
15 | citizens residing in communities throughout the state , except | ||||||
16 | that on and after January 1, 2011, the Department of Healthcare | ||||||
17 | and Family Services shall assume such leadership with respect | ||||||
18 | to persons with mental illness and alcohol and drug dependent | ||||||
19 | citizens . Each The
Department shall work
in partnership with | ||||||
20 | local government entities, direct service providers,
voluntary
| ||||||
21 | associations and communities to create a system that is | ||||||
22 | sensitive to the needs
of local communities and which | ||||||
23 | complements existing family and other natural
supports, social | ||||||
24 | institutions and programs.
|
| |||||||
| |||||||
1 | The goals of the service system shall include but not be | ||||||
2 | limited to the
following: to strengthen the disabled | ||||||
3 | individual's independence, self-esteem
and ability to | ||||||
4 | participate in and contribute to community life; to insure
| ||||||
5 | continuity of care for clients; to enable disabled persons to | ||||||
6 | access needed
services, commensurate with their individual | ||||||
7 | wishes and needs, regardless
of where they reside in the state; | ||||||
8 | to prevent unnecessary institutionalization
and the | ||||||
9 | dislocation of individuals from their home communities; to | ||||||
10 | provide
a range of services so that persons can receive these | ||||||
11 | services in settings
which do not unnecessarily restrict their | ||||||
12 | liberty; and to encourage clients
to move among settings as | ||||||
13 | their needs change.
| ||||||
14 | The system shall include provision of services in the areas | ||||||
15 | of prevention,
client assessment and diagnosis, case | ||||||
16 | coordination, crisis and emergency
care, treatment and | ||||||
17 | habilitation and support services, and community
residential | ||||||
18 | alternatives to institutional settings. The General Assembly
| ||||||
19 | recognizes that community programs are an integral part of the | ||||||
20 | larger service
system, which includes state-operated | ||||||
21 | facilities for persons who cannot receive
appropriate services | ||||||
22 | in the community.
| ||||||
23 | Towards achievement of these ends, the Department of Human | ||||||
24 | Services and the Department of Healthcare and Family Services , | ||||||
25 | working
in coordination with other State agencies, shall assume | ||||||
26 | responsibilities
pursuant to this Act, which includes |
| |||||||
| |||||||
1 | activities in the areas of planning,
quality assurance, program | ||||||
2 | evaluation, community education, and the provision
of | ||||||
3 | financial and technical assistance to local provider agencies.
| ||||||
4 | (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
| ||||||
5 | (405 ILCS 30/2) (from Ch. 91 1/2, par. 902)
| ||||||
6 | Sec. 2. Community Services System. Services should be | ||||||
7 | planned,
developed, delivered and evaluated as part of a | ||||||
8 | comprehensive and
coordinated system. The Department of Human | ||||||
9 | Services and the Department of Healthcare and Family Services
| ||||||
10 | shall encourage the establishment of services in each area of | ||||||
11 | the State
which cover the services categories described below. | ||||||
12 | What specific
services are provided under each service category | ||||||
13 | shall be based on local
needs; special attention shall be given | ||||||
14 | to unserved and underserved
populations, including children | ||||||
15 | and youth, racial and ethnic minorities,
and the elderly. The | ||||||
16 | service categories shall include:
| ||||||
17 | (a) Prevention: services designed primarily to reduce the | ||||||
18 | incidence
and ameliorate the severity of developmental | ||||||
19 | disabilities, mental illness and
alcohol and drug dependence;
| ||||||
20 | (b) Client Assessment and Diagnosis: services designed to | ||||||
21 | identify
persons with developmental disabilities, mental | ||||||
22 | illness and alcohol and
drug dependency; to determine the | ||||||
23 | extent of the disability and the level of
functioning; | ||||||
24 | information obtained through client evaluation can be used in
| ||||||
25 | individual treatment and habilitation plans; to assure |
| |||||||
| |||||||
1 | appropriate
placement and to assist in program evaluation;
| ||||||
2 | (c) Case Coordination: services to provide information and | ||||||
3 | assistance to
disabled persons to insure that they obtain | ||||||
4 | needed services provided by the
private and public sectors; | ||||||
5 | case coordination services should be available
to individuals | ||||||
6 | whose functioning level or history of institutional
recidivism | ||||||
7 | or long-term care indicate that such assistance is required for
| ||||||
8 | successful community living;
| ||||||
9 | (d) Crisis and Emergency: services to assist individuals | ||||||
10 | and
their families through crisis periods, to stabilize | ||||||
11 | individuals under stress
and to prevent unnecessary | ||||||
12 | institutionalization;
| ||||||
13 | (e) Treatment, Habilitation and Support: services designed | ||||||
14 | to help
individuals develop skills which promote independence | ||||||
15 | and improved levels
of social and vocational functioning and | ||||||
16 | personal growth; and to provide
non-treatment support services | ||||||
17 | which are necessary for successful
community living;
| ||||||
18 | (f) Community Residential Alternatives to Institutional | ||||||
19 | Settings:
services to provide living arrangements for persons | ||||||
20 | unable to live
independently; the level of supervision, | ||||||
21 | services provided and length of
stay at community residential | ||||||
22 | alternatives will vary by the type of program
and the needs and | ||||||
23 | functioning level of the residents; other services may be
| ||||||
24 | provided in a community residential alternative which promote | ||||||
25 | the
acquisition of independent living skills and integration | ||||||
26 | with the community.
|
| |||||||
| |||||||
1 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
2 | (405 ILCS 30/3) (from Ch. 91 1/2, par. 903)
| ||||||
3 | Sec. 3. Responsibilities for Community Services. Pursuant
| ||||||
4 | to this Act, the Department of Human Services and the | ||||||
5 | Department of Healthcare and Family Services
shall facilitate | ||||||
6 | the
establishment of a comprehensive and coordinated array of | ||||||
7 | community services
based upon a federal, State and local | ||||||
8 | partnership. In order to assist in
implementation of this Act, | ||||||
9 | each the Department shall prescribe and publish rules
and
| ||||||
10 | regulations. Each The Department may request the assistance of | ||||||
11 | other
State agencies, local
government entities, direct | ||||||
12 | services providers, trade associations, and others in the | ||||||
13 | development of
these regulations or other policies related to | ||||||
14 | community services.
| ||||||
15 | Each The Department shall assume the following roles and | ||||||
16 | responsibilities for
community services:
| ||||||
17 | (a) Service Priorities. Within the service categories | ||||||
18 | described in Section
2 of this Act, establish and publish | ||||||
19 | priorities for community services to
be rendered, and priority | ||||||
20 | populations to receive these services.
| ||||||
21 | (b) Planning. By January 1, 1994 and by January 1 of each | ||||||
22 | third year
thereafter, prepare and publish a Plan which | ||||||
23 | describes goals and objectives for
community services | ||||||
24 | state-wide and for regions and subregions needs assessment,
| ||||||
25 | steps and time-tables for implementation of the goals also |
| |||||||
| |||||||
1 | shall be included;
programmatic goals and objectives for | ||||||
2 | community services shall cover the
service categories defined | ||||||
3 | in Section 2 of this Act; each the Department shall insure | ||||||
4 | local
participation in the planning process.
| ||||||
5 | (c) Public Information and Education. Develop programs | ||||||
6 | aimed at
improving the relationship between communities and | ||||||
7 | their
residents with disabilities; prepare and disseminate | ||||||
8 | public information and educational
materials on the prevention | ||||||
9 | of developmental disabilities, mental illness, and
alcohol or | ||||||
10 | drug dependence, and on available treatment and habilitation
| ||||||
11 | services for persons with these disabilities.
| ||||||
12 | (d) Quality Assurance. Promulgate minimum program | ||||||
13 | standards, rules and
regulations to insure that Department | ||||||
14 | funded services maintain acceptable quality
and assure | ||||||
15 | enforcement of these standards through regular monitoring of
| ||||||
16 | services and through program evaluation; this applies except | ||||||
17 | where this
responsibility is explicitly given by law to another | ||||||
18 | State agency.
| ||||||
19 | (d-5) Accreditation requirements for providers of mental | ||||||
20 | health and
substance abuse treatment services.
Except when the | ||||||
21 | federal or State statutes authorizing a program, or the
federal | ||||||
22 | regulations implementing a program, are to the contrary,
| ||||||
23 | accreditation shall be accepted by the Department in lieu of | ||||||
24 | the
Department's facility or program certification or | ||||||
25 | licensure onsite review
requirements and shall be accepted as a | ||||||
26 | substitute for the Department's
administrative and program |
| |||||||
| |||||||
1 | monitoring requirements, except as required by
subsection | ||||||
2 | (d-10), in the case of:
| ||||||
3 | (1) Any organization from which the Department | ||||||
4 | purchases mental health
or substance abuse services and
| ||||||
5 | that is accredited under any of the following: the | ||||||
6 | Comprehensive
Accreditation Manual
for Behavioral Health | ||||||
7 | Care (Joint Commission on Accreditation of Healthcare
| ||||||
8 | Organizations (JCAHO)); the Comprehensive Accreditation | ||||||
9 | Manual
for Hospitals (JCAHO); the Standards Manual for the
| ||||||
10 | Council on Accreditation for Children and Family Services | ||||||
11 | (Council on
Accreditation for Children and Family Services | ||||||
12 | (COA)); or the
Standards Manual for Organizations Serving | ||||||
13 | People with Disabilities (the
Rehabilitation Accreditation | ||||||
14 | Commission (CARF)).
| ||||||
15 | (2) Any mental health facility or program licensed or | ||||||
16 | certified by the
Department, or any substance abuse service | ||||||
17 | licensed by the Department, that is
accredited under any of | ||||||
18 | the following: the
Comprehensive Accreditation Manual for
| ||||||
19 | Behavioral Health Care (JCAHO); the Comprehensive | ||||||
20 | Accreditation Manual for
Hospitals (JCAHO); the Standards | ||||||
21 | Manual for the Council on Accreditation for
Children and | ||||||
22 | Family Services (COA); or the Standards Manual for | ||||||
23 | Organizations
Serving People with Disabilities (CARF).
| ||||||
24 | (3) Any network of providers from which the Department | ||||||
25 | purchases
mental health or substance abuse services and | ||||||
26 | that is accredited under any of
the
following: the |
| |||||||
| |||||||
1 | Comprehensive Accreditation Manual for Behavioral Health | ||||||
2 | Care
(JCAHO);
the Comprehensive Accreditation Manual for | ||||||
3 | Hospitals (JCAHO); the Standards
Manual for the
Council on | ||||||
4 | Accreditation for Children and Family Services (COA); the | ||||||
5 | Standards
Manual for Organizations Serving People with | ||||||
6 | Disabilities (CARF); or the
National Committee for Quality | ||||||
7 | Assurance. A provider organization that is part
of an | ||||||
8 | accredited network shall be afforded the same rights under | ||||||
9 | this
subsection.
| ||||||
10 | (d-10) For mental health and substance abuse services, the | ||||||
11 | Department
may develop standards or promulgate rules that | ||||||
12 | establish additional standards
for monitoring
and licensing | ||||||
13 | accredited programs, services, and facilities that the | ||||||
14 | Department
has determined are not covered by the accreditation | ||||||
15 | standards and processes.
These additional standards for | ||||||
16 | monitoring and licensing accredited programs,
services, and | ||||||
17 | facilities and the associated monitoring must not duplicate the
| ||||||
18 | standards and processes already covered by the accrediting | ||||||
19 | bodies.
| ||||||
20 | (d-15) The Department shall be given proof of compliance | ||||||
21 | with fire and
health safety standards, which must be submitted | ||||||
22 | as required by rule.
| ||||||
23 | (d-20) The Department, by accepting the survey or | ||||||
24 | inspection of an
accrediting organization, does not forfeit its | ||||||
25 | rights to perform inspections at
any time, including contract | ||||||
26 | monitoring to ensure that services are
provided in accordance |
| |||||||
| |||||||
1 | with the contract.
The Department reserves the right to monitor | ||||||
2 | a provider of mental health and
substance abuse treatment | ||||||
3 | services when the survey or inspection of an
accrediting | ||||||
4 | organization has established any deficiency in the | ||||||
5 | accreditation
standards and processes.
| ||||||
6 | (d-25) On and after the effective date of this amendatory | ||||||
7 | Act of the 92nd
General Assembly, the accreditation | ||||||
8 | requirements of this Section apply to
contracted organizations | ||||||
9 | that are already accredited.
| ||||||
10 | (e) Program Evaluation. Develop a system for conducting | ||||||
11 | evaluation of
the effectiveness of community services, | ||||||
12 | according to preestablished
performance standards; evaluate | ||||||
13 | the extent to which performance according
to established | ||||||
14 | standards aids in achieving the goals of this Act;
evaluation | ||||||
15 | data also shall be used for quality assurance purposes as well
| ||||||
16 | as for planning activities.
| ||||||
17 | (f) Research. Conduct research in order to increase | ||||||
18 | understanding of mental
illness, developmental disabilities | ||||||
19 | and alcohol and drug dependence.
| ||||||
20 | (g) Technical Assistance. Provide technical assistance to | ||||||
21 | provider agencies
receiving funds or serving clients in order | ||||||
22 | to assist
these agencies in providing appropriate, quality | ||||||
23 | services; also provide
assistance and guidance to other State | ||||||
24 | agencies and local governmental bodies
serving the disabled in | ||||||
25 | order to strengthen their efforts to provide
appropriate | ||||||
26 | community services; and assist provider agencies in accessing
|
| |||||||
| |||||||
1 | other available funding, including federal, State, local, | ||||||
2 | third-party and
private resources.
| ||||||
3 | (h) Placement Process. Promote the appropriate placement | ||||||
4 | of clients in
community services through the development and | ||||||
5 | implementation of client
assessment and diagnostic instruments | ||||||
6 | to assist in identifying the
individual's service needs; client | ||||||
7 | assessment instruments also can be
utilized for purposes of | ||||||
8 | program evaluation; whenever possible, assure that
placements | ||||||
9 | in State-operated facilities are referrals from community | ||||||
10 | agencies.
| ||||||
11 | (i) Interagency Coordination. Assume leadership in | ||||||
12 | promoting cooperation
among State health and human service | ||||||
13 | agencies to insure that a comprehensive,
coordinated community | ||||||
14 | services system is in place; to insure persons with a | ||||||
15 | disability
access to needed services; and to insure continuity | ||||||
16 | of care and allow clients
to move among service settings as | ||||||
17 | their needs change; also work with other
agencies to establish | ||||||
18 | effective prevention programs.
| ||||||
19 | (j) Financial Assistance. Provide financial assistance to | ||||||
20 | local provider
agencies through purchase-of-care contracts and | ||||||
21 | grants, pursuant to Section
4 of this Act.
| ||||||
22 | (Source: P.A. 95-682, eff. 10-11-07.)
| ||||||
23 | (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
| ||||||
24 | Sec. 4. Financing for Community Services. | ||||||
25 | (a) The Department of Human Services and the Department of |
| |||||||
| |||||||
1 | Healthcare and Family Services are
is authorized to
provide | ||||||
2 | financial reimbursement to eligible private service providers,
| ||||||
3 | corporations, local government entities or voluntary | ||||||
4 | associations for the
provision of services to persons with | ||||||
5 | mental illness, persons with a
developmental disability and | ||||||
6 | alcohol and drug dependent persons living in the
community for | ||||||
7 | the purpose of achieving the goals of this Act.
| ||||||
8 | Each The Department shall utilize the following funding | ||||||
9 | mechanisms for community
services:
| ||||||
10 | (1) Purchase of Care Contracts: services purchased on a | ||||||
11 | predetermined fee
per unit of service basis from private | ||||||
12 | providers or governmental entities. Fee
per service rates | ||||||
13 | are set by an established formula which covers some portion
| ||||||
14 | of personnel, supplies, and other allowable costs, and | ||||||
15 | which makes some
allowance for geographic variations in | ||||||
16 | costs as well as for additional program
components.
| ||||||
17 | (2) Grants: sums of money which the Department grants | ||||||
18 | to private providers or
governmental
entities pursuant to | ||||||
19 | the grant recipient's agreement to provide certain
| ||||||
20 | services, as defined by departmental grant guidelines, to | ||||||
21 | an
approximate number of service
recipients. Grant levels | ||||||
22 | are set through consideration of personnel, supply and
| ||||||
23 | other allowable costs, as well as other funds available to | ||||||
24 | the program.
| ||||||
25 | (3) Other Funding Arrangements: funding mechanisms may | ||||||
26 | be established
on a pilot basis in order to examine the |
| |||||||
| |||||||
1 | feasibility of alternative financing
arrangements for the | ||||||
2 | provision of community services.
| ||||||
3 | Each The Department shall establish and maintain an | ||||||
4 | equitable system of
payment
which allows providers to improve | ||||||
5 | persons with disabilities'
capabilities for
independence and | ||||||
6 | reduces their reliance on State-operated
services. | ||||||
7 | (b) The Governor shall create a commission by September 1, | ||||||
8 | 2009, or as soon thereafter as possible, to review funding | ||||||
9 | methodologies, identify gaps in funding, identify revenue, and | ||||||
10 | prioritize use of that revenue for community developmental | ||||||
11 | disability services, mental health services, alcohol and | ||||||
12 | substance abuse services, rehabilitation services, and early | ||||||
13 | intervention services. The Office of the Governor shall provide | ||||||
14 | staff support for the commission. | ||||||
15 | (c) The first meeting of the commission shall be held | ||||||
16 | within the first month after the creation and appointment of | ||||||
17 | the commission, and a final report summarizing the commission's | ||||||
18 | recommendations must be issued within 12 months after the first | ||||||
19 | meeting, and no later than September 1, 2010, to the Governor | ||||||
20 | and the General Assembly. | ||||||
21 | (d) The commission shall have the following 13 voting | ||||||
22 | members: | ||||||
23 | (A) one member of the House of Representatives, | ||||||
24 | appointed by the Speaker of the House of Representatives; | ||||||
25 | (B) one member of the House of Representatives, | ||||||
26 | appointed by the House Minority Leader; |
| |||||||
| |||||||
1 | (C) one member of the Senate, appointed by the | ||||||
2 | President of the Senate; | ||||||
3 | (D) one member of the Senate, appointed by the Senate | ||||||
4 | Minority Leader; | ||||||
5 | (E) one person with a developmental disability, or a | ||||||
6 | family member or guardian of such a person, appointed by | ||||||
7 | the Governor; | ||||||
8 | (F) one person with a mental illness, or a family | ||||||
9 | member or guardian of such a person, appointed by the | ||||||
10 | Governor; | ||||||
11 | (G) two persons from unions that represent employees of | ||||||
12 | community providers that serve people with developmental | ||||||
13 | disabilities, mental illness, and alcohol and substance | ||||||
14 | abuse disorders, appointed by the Governor; and | ||||||
15 | (H) five persons from statewide associations that | ||||||
16 | represent community providers that provide residential, | ||||||
17 | day training, and other developmental disability services, | ||||||
18 | mental health services, alcohol and substance abuse | ||||||
19 | services, rehabilitation services, or early intervention | ||||||
20 | services, or any combination of those, appointed by the | ||||||
21 | Governor. | ||||||
22 | The commission shall also have the following ex-officio, | ||||||
23 | nonvoting members: | ||||||
24 | (I) the Director of the Governor's Office of Management | ||||||
25 | and Budget or his or her designee; | ||||||
26 | (J) the Chief Financial Officer of the Department of |
| |||||||
| |||||||
1 | Human Services or his or her designee; | ||||||
2 | (K) the Administrator of the Department of Healthcare | ||||||
3 | and Family Services Division of Finance or his or her | ||||||
4 | designee; | ||||||
5 | (L) the Director of the Department of Human Services | ||||||
6 | Division of Developmental Disabilities or his or her | ||||||
7 | designee; | ||||||
8 | (M) the Director of the Department of Human Services | ||||||
9 | Division of Mental Health or his or her designee (before | ||||||
10 | January 1, 2011); the Director of the Department of | ||||||
11 | Healthcare and Family Services Division of Mental Health or | ||||||
12 | his or her designee (on and after January 1, 2011) ;
and | ||||||
13 | (N) the Director of the Department of Human Services | ||||||
14 | Division of Alcoholism Alcohol and Substance Abuse or his | ||||||
15 | or her designee (before January 1, 2011); the Director of | ||||||
16 | the Department of Healthcare and Family Services Division | ||||||
17 | of Alcoholism and Substance Abuse or his or her designee | ||||||
18 | (on and after January 1, 2011) . | ||||||
19 | (e) The funding methodologies must reflect economic | ||||||
20 | factors inherent in providing services and supports, recognize | ||||||
21 | individual disability needs, and consider geographic | ||||||
22 | differences, transportation costs, required staffing ratios, | ||||||
23 | and mandates not currently funded.
| ||||||
24 | (f) In accepting Department funds, providers shall | ||||||
25 | recognize
their responsibility to be
accountable to the | ||||||
26 | Department and the State for the delivery of services
which are |
| |||||||
| |||||||
1 | consistent
with the philosophies and goals of this Act and the | ||||||
2 | rules and regulations
promulgated under it.
| ||||||
3 | (Source: P.A. 95-682, eff. 10-11-07; 96-652, eff. 8-24-09.)
| ||||||
4 | (405 ILCS 30/4.4)
| ||||||
5 | Sec. 4.4. Funding reinvestment.
| ||||||
6 | (a) The purposes of this Section are as follows:
| ||||||
7 | (1) The General Assembly recognizes that the United | ||||||
8 | States Supreme
Court in Olmstead v. L.C. ex Rel. Zimring, | ||||||
9 | 119 S. Ct. 2176 (1999), affirmed
that the unjustifiable | ||||||
10 | institutionalization of a person with a disability who
| ||||||
11 | could live in the community with proper support, and wishes | ||||||
12 | to do so, is
unlawful discrimination in violation of the | ||||||
13 | Americans with Disabilities Act
(ADA). The State of | ||||||
14 | Illinois, along with all other states, is required to
| ||||||
15 | provide appropriate residential and community-based | ||||||
16 | support services to persons
with disabilities who wish to | ||||||
17 | live in a less restrictive setting.
| ||||||
18 | (2) It is the purpose of this Section to help fulfill | ||||||
19 | the State's
obligations under the Olmstead decision by | ||||||
20 | maximizing the level of funds for
both developmental | ||||||
21 | disability and mental health services and supports in order
| ||||||
22 | to maintain and create an array of residential and | ||||||
23 | supportive services for
people with mental health needs and | ||||||
24 | developmental disabilities whenever they
are
transferred | ||||||
25 | into another facility or a community-based setting.
|
| |||||||
| |||||||
1 | (b) In this Section:
| ||||||
2 | " Division Office of Developmental Disabilities" means the | ||||||
3 | Division Office of Developmental
Disabilities within the | ||||||
4 | Department of Human Services.
| ||||||
5 | " Division Office of Mental Health" means the Division | ||||||
6 | Office of Mental Health within the
Department of Human Services | ||||||
7 | (before January 1, 2011) or the Division of Mental Health | ||||||
8 | within the
Department of Healthcare and Family Services (on or | ||||||
9 | after January 1, 2011) .
| ||||||
10 | (c) On and after the effective date of this amendatory Act | ||||||
11 | of the 94th
General Assembly, every appropriation of State | ||||||
12 | moneys relating to funding for
the Division Office of | ||||||
13 | Developmental Disabilities or the Division Office of Mental | ||||||
14 | Health must
comply with this Section.
| ||||||
15 | (d) Whenever any appropriation, or any portion of an | ||||||
16 | appropriation, for any
fiscal year relating to the funding of | ||||||
17 | any State-operated facility operated by
the Division Office of | ||||||
18 | Developmental Disabilities or any mental health facility | ||||||
19 | operated
by the Division Office of Mental Health is reduced | ||||||
20 | because of any of the reasons set
forth in the following items | ||||||
21 | (1) through (3), to the extent that savings are
realized from | ||||||
22 | these items, those moneys must be directed toward providing
| ||||||
23 | other services and supports for persons with developmental | ||||||
24 | disabilities or
mental health needs:
| ||||||
25 | (1) The closing of any such State-operated facility for | ||||||
26 | the
developmentally disabled or mental health facility.
|
| |||||||
| |||||||
1 | (2) Reduction in the number of units or available beds | ||||||
2 | in any such State-operated
facility for the | ||||||
3 | developmentally disabled or mental health facility.
| ||||||
4 | (3) Reduction in the number of staff employed in any | ||||||
5 | such State-operated
facility for the developmentally | ||||||
6 | disabled or mental health facility. | ||||||
7 | In determining whether any savings are realized from items | ||||||
8 | (1) through
(3),
sufficient moneys shall be made available to | ||||||
9 | ensure that there is an
appropriate level of
staffing and that | ||||||
10 | life, safety, and care concerns are addressed so as to
provide | ||||||
11 | for the
remaining persons with developmental disabilities or | ||||||
12 | mental illness at any
facility in the
case of item (2) or (3) | ||||||
13 | or, in the case of item (1), such remaining persons at
the
| ||||||
14 | remaining State-operated facilities that will be expected to | ||||||
15 | handle the
individuals
previously served at the closed | ||||||
16 | facility.
| ||||||
17 | (e) The purposes of redirecting this funding shall include, | ||||||
18 | but not be
limited to, providing the following services and | ||||||
19 | supports for individuals with
developmental disabilities and | ||||||
20 | mental health needs:
| ||||||
21 | (1) Residence in the most integrated setting possible, | ||||||
22 | whether independent
living in a private residence, a | ||||||
23 | Community Integrated Living Arrangement
(CILA), a | ||||||
24 | supported residential program, an Intermediate Care | ||||||
25 | Facility for
persons with Developmental Disabilities | ||||||
26 | (ICFDD), a supervised residential
program, or supportive |
| |||||||
| |||||||
1 | housing, as appropriate.
| ||||||
2 | (2) Residence in another State-operated facility.
| ||||||
3 | (3) Rehabilitation and support services, including | ||||||
4 | assertive community
treatment, case management, supportive | ||||||
5 | and supervised day treatment, and
psychosocial | ||||||
6 | rehabilitation.
| ||||||
7 | (4) Vocational or developmental training, as | ||||||
8 | appropriate, that contributes
to the person's independence | ||||||
9 | and employment potential.
| ||||||
10 | (5) Employment or supported employment, as | ||||||
11 | appropriate, free from
discrimination pursuant to the | ||||||
12 | Constitution and laws of this State.
| ||||||
13 | (6) In-home family supports, such as respite services | ||||||
14 | and client and
family supports.
| ||||||
15 | (7) Periodic reevaluation, as needed.
| ||||||
16 | (f) An appropriation may not circumvent the purposes of | ||||||
17 | this Section by
transferring moneys within the funding system | ||||||
18 | for services and supports for the
developmentally disabled and | ||||||
19 | mentally ill and then compensating for this
transfer by | ||||||
20 | redirecting other moneys away from these services to provide
| ||||||
21 | funding for some other governmental purpose or to relieve other | ||||||
22 | State funding
expenditures.
| ||||||
23 | (Source: P.A. 94-498, eff. 8-8-05.)
| ||||||
24 | (405 ILCS 30/4.5)
| ||||||
25 | Sec. 4.5. Consultation with advisory and advocacy groups. |
| |||||||
| |||||||
1 | Whenever any
appropriation, or any part of an appropriation, | ||||||
2 | for any fiscal year relating to
the funding
of (i) a | ||||||
3 | State-operated facility operated by the Division Office of | ||||||
4 | Developmental
Disabilities
within the Department of Human | ||||||
5 | Services or (ii) a mental health facility
operated by the | ||||||
6 | Division
Office of Mental Health within the Department of Human | ||||||
7 | Services or the Department of Healthcare and Family Services is | ||||||
8 | reduced
because of
any of the reasons set forth in items (1) | ||||||
9 | through (3) of subsection (d) of
Section 4.4, the
plan for | ||||||
10 | using any savings realized from those items (1) through (3) | ||||||
11 | shall be
shared and
discussed with advocates, advocacy | ||||||
12 | organizations, and advisory groups whose
mission
includes | ||||||
13 | advocacy for persons with developmental disabilities or | ||||||
14 | persons with
mental
illness.
| ||||||
15 | (Source: P.A. 94-498, eff. 8-8-05.)
| ||||||
16 | (405 ILCS 30/4.6) | ||||||
17 | Sec. 4.6. Closure and sale of State mental health or | ||||||
18 | developmental disabilities facility. | ||||||
19 | (a) Whenever a State mental health facility operated by the | ||||||
20 | Department of Human Services or the Department of Healthcare | ||||||
21 | and Family Services is closed and the real estate on which the | ||||||
22 | facility is located is sold by the State, then, to the extent | ||||||
23 | that net proceeds are realized from the sale of that real | ||||||
24 | estate, those net proceeds must be directed toward providing
| ||||||
25 | other services and supports for persons with mental health |
| |||||||
| |||||||
1 | needs. To that end, those net proceeds shall be deposited into | ||||||
2 | the Community Mental Health Medicaid Trust Fund. | ||||||
3 | (b) Whenever a State developmental disabilities facility | ||||||
4 | operated by the Department of Human Services is closed and the | ||||||
5 | real estate on which the facility is located is sold by the | ||||||
6 | State, then, to the extent that net proceeds are realized from | ||||||
7 | the sale of that real estate, those net proceeds must be | ||||||
8 | directed toward providing
other services and supports for | ||||||
9 | persons with developmental disabilities needs. To that end, | ||||||
10 | those net proceeds shall be deposited into the Community | ||||||
11 | Developmental Disability Services Medicaid Trust Fund. | ||||||
12 | (c) In determining whether any net proceeds are realized | ||||||
13 | from a sale of real estate described in subsection (a) or (b), | ||||||
14 | the Division of Developmental Disabilities and the Division of | ||||||
15 | Mental Health of the Department of Human Services shall each | ||||||
16 | determine the money, if any, that shall be made available to | ||||||
17 | ensure that life, safety, and care concerns, including | ||||||
18 | infrastructure, are addressed so as to provide for persons with | ||||||
19 | developmental disabilities or mental illness at the remaining | ||||||
20 | respective State-operated facilities that will be expected to | ||||||
21 | serve the individuals previously served at the closed facility. | ||||||
22 | (d) The purposes for which the net proceeds from a sale of | ||||||
23 | real estate as provided in this Section may be used include, | ||||||
24 | but are not limited to, the following: | ||||||
25 | (1) Providing for individuals with developmental | ||||||
26 | disabilities and mental health needs the services and |
| |||||||
| |||||||
1 | supports described in subsection (e) of Section 4.4. | ||||||
2 | (2) In the case of the closure of a mental health | ||||||
3 | facility, the construction of a new facility to serve the | ||||||
4 | needs of persons with mental health needs. | ||||||
5 | (3) In the case of the closure of a developmental | ||||||
6 | disabilities facility, construction of a new facility to | ||||||
7 | serve the needs of persons with developmental disabilities | ||||||
8 | needs. | ||||||
9 | (e) Whenever any net proceeds are realized from a sale of | ||||||
10 | real estate as provided in this Section, the Department of | ||||||
11 | Human Services or the Department of Healthcare and Family | ||||||
12 | Services shall share and discuss its plan or plans for using | ||||||
13 | those net proceeds with advocates, advocacy organizations, and | ||||||
14 | advisory groups whose
mission
includes advocacy for persons | ||||||
15 | with developmental disabilities or persons with
mental
| ||||||
16 | illness.
| ||||||
17 | (Source: P.A. 96-660, eff. 8-25-09.)
| ||||||
18 | Section 1090. The Community Support Systems Act is amended | ||||||
19 | by changing Sections 1 and 2 as follows:
| ||||||
20 | (405 ILCS 35/1) (from Ch. 91 1/2, par. 1101)
| ||||||
21 | Sec. 1. Purpose. The statewide development and | ||||||
22 | implementation of local
community support systems to serve the | ||||||
23 | chronically mentally ill with emphasis
on care and treatment of | ||||||
24 | extended and/or repeated users of inpatient and/or
other |
| |||||||
| |||||||
1 | intensive mental health services such as day treatment, | ||||||
2 | emergency
and non-medical residential care shall be a priority | ||||||
3 | for the Department of
Human Services (before January 1, 2011) | ||||||
4 | or the Department of Healthcare and Family Services (on or | ||||||
5 | after January 1, 2011) , hereinafter referred to as the | ||||||
6 | Department, in community program
funding. In order to achieve | ||||||
7 | this goal, the Department shall develop and
facilitate, in | ||||||
8 | cooperation with community agencies serving the mentally
ill, | ||||||
9 | the implementation of appropriate plans providing guidance for | ||||||
10 | the
Department and community agencies
in planning, securing, | ||||||
11 | funding, client assessment, service system evaluation,
| ||||||
12 | technical assistance, and local level development of community | ||||||
13 | support
systems. In addition, the Department shall continue | ||||||
14 | funding community support
system pilot projects established | ||||||
15 | pursuant to Section 16.2 of the Mental Health
and
Developmental | ||||||
16 | Disabilities Administrative Act for the duration of the
| ||||||
17 | established pilot project period, and shall give priority for | ||||||
18 | continuing
funding of such community support system program | ||||||
19 | components of proven
effectiveness
at cessation of the pilot | ||||||
20 | project period through the Department's regular
grant-in-aid | ||||||
21 | and purchase care resources.
| ||||||
22 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
23 | (405 ILCS 35/2) (from Ch. 91 1/2, par. 1102)
| ||||||
24 | Sec. 2. Department responsibilities.
| ||||||
25 | (a) The Secretary of Human Services (before January 1, |
| |||||||
| |||||||
1 | 2011) or the Director of Healthcare and Family Services (on or | ||||||
2 | after January 1, 2011) shall designate
staff of the Department | ||||||
3 | to coordinate the development of the Department's
community | ||||||
4 | support system strategic plan. In developing
the appropriate | ||||||
5 | plans the responsibilities of the coordinator and any
| ||||||
6 | additional required staff shall include:
| ||||||
7 | (1) the development of a statewide inventory of | ||||||
8 | community support system
service components currently | ||||||
9 | available, including those components funded
or provided | ||||||
10 | by other public and private agencies;
| ||||||
11 | (2) delineation of a comprehensive set of community | ||||||
12 | support services with
adequate flexibility to accommodate | ||||||
13 | the needs of disparate chronically mentally
ill | ||||||
14 | populations including the young chronically mentally ill | ||||||
15 | client, and
local conditions in the state, which shall | ||||||
16 | serve as the basis of the
development
and enhancement of | ||||||
17 | community support systems statewide;
| ||||||
18 | (3) the development of a statewide client assessment | ||||||
19 | system providing
descriptive data appropriate for use in | ||||||
20 | individual service planning, aggregate
statistics | ||||||
21 | descriptive of client population groups which can be | ||||||
22 | utilized
in the development of local community support | ||||||
23 | systems, statistics for
discrimination
of varying client | ||||||
24 | populations according to client characteristics and needs,
| ||||||
25 | and information for statewide planning;
| ||||||
26 | (4) a study of mechanisms currently employed in funding |
| |||||||
| |||||||
1 | community support
system components, followed by the | ||||||
2 | establishment of a Department policy
specifying funding | ||||||
3 | mechanisms appropriate for specific community support
| ||||||
4 | system program components;
| ||||||
5 | (5) the development of program standards to enhance | ||||||
6 | accountability and
evaluation of community support systems | ||||||
7 | on both a system-wide and
component-by-component
basis;
| ||||||
8 | (b) The coordinator and his staff shall provide technical | ||||||
9 | assistance and
training to local community agencies involved in | ||||||
10 | the development and provision
of community support systems;
| ||||||
11 | (c) The coordinator and his staff shall serve as the | ||||||
12 | Department liaison
with other public and private agencies | ||||||
13 | involved through funding or service
provision in the | ||||||
14 | development and maintenance of community support systems;
| ||||||
15 | (d) The coordinator and his staff shall coordinate internal | ||||||
16 | Department
efforts to develop community support systems. | ||||||
17 | Activities shall include consultation,
technical assistance, | ||||||
18 | leadership in implementation of the strategic plan,
and | ||||||
19 | administration of pilot projects as established in Section 3 of | ||||||
20 | this Act.
| ||||||
21 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
22 | Section 1095. The Protection and Advocacy for Mentally Ill | ||||||
23 | Persons Act is amended by changing Section 3 as follows:
| ||||||
24 | (405 ILCS 45/3) (from Ch. 91 1/2, par. 1353)
|
| |||||||
| |||||||
1 | (Text of Section before amendment by P.A. 96-339 )
| ||||||
2 | Sec. 3. Powers and Duties.
| ||||||
3 | (A) In order to properly exercise its powers
and duties, | ||||||
4 | the agency shall have the authority to:
| ||||||
5 | (1) Investigate incidents of abuse and neglect of | ||||||
6 | mentally ill persons
if the incidents are reported to the | ||||||
7 | agency or if there is probable cause
to believe that the | ||||||
8 | incidents occurred. In case of conflict with
provisions of | ||||||
9 | the Abused and Neglected Child Reporting Act or the Nursing
| ||||||
10 | Home Care Act, the provisions of those Acts shall apply.
| ||||||
11 | (2) Pursue administrative, legal and other appropriate | ||||||
12 | remedies to
ensure the protection of the rights of mentally | ||||||
13 | ill persons who are
receiving care and treatment in this | ||||||
14 | State.
| ||||||
15 | (3) Pursue administrative, legal and other remedies on | ||||||
16 | behalf of an individual who:
| ||||||
17 | (a) was a mentally ill individual; and
| ||||||
18 | (b) is a resident of this State,
but only with | ||||||
19 | respect to matters which occur within 90 days after the
| ||||||
20 | date of the discharge of such individual from a | ||||||
21 | facility providing care and treatment.
| ||||||
22 | (4) Establish a board which shall:
| ||||||
23 | (a) advise the protection and advocacy system on | ||||||
24 | policies and priorities
to be carried out in
protecting | ||||||
25 | and advocating the rights of mentally ill individuals; | ||||||
26 | and
|
| |||||||
| |||||||
1 | (b) include attorneys, mental health | ||||||
2 | professionals, individuals from the
public who are | ||||||
3 | knowledgeable about mental illness, a provider of | ||||||
4 | mental
health services, individuals who have received | ||||||
5 | or are receiving mental
health services and family | ||||||
6 | members of such individuals. At least one-half
the | ||||||
7 | members of the board shall be individuals who have
| ||||||
8 | received or are receiving mental health services or who | ||||||
9 | are family members
of such individuals.
| ||||||
10 | (5) On January 1, 1988, and on January 1 of each | ||||||
11 | succeeding year,
prepare and transmit to the Secretary of | ||||||
12 | the United States Department of
Health and Human Services | ||||||
13 | and to the Illinois Secretary of Human Services a report | ||||||
14 | describing the activities,
accomplishments and | ||||||
15 | expenditures of the protection and advocacy system
during | ||||||
16 | the most recently completed fiscal year.
| ||||||
17 | (B) The agency shall have access to all mental health | ||||||
18 | facilities as
defined in Sections 1-107 and 1-114 of the Mental | ||||||
19 | Health and Developmental
Disabilities Code, all facilities as | ||||||
20 | defined in Section 1-113 of the
Nursing Home Care Act, all | ||||||
21 | facilities as defined in Section 2.06 of the Child
Care Act of | ||||||
22 | 1969, as now or hereafter amended, and all other facilities
| ||||||
23 | providing care or treatment to mentally ill persons. Such | ||||||
24 | access shall be
granted for the purposes of meeting with | ||||||
25 | residents and staff, informing
them of services available from | ||||||
26 | the agency, distributing written
information about the agency |
| |||||||
| |||||||
1 | and the rights of persons who are mentally
ill, conducting | ||||||
2 | scheduled and unscheduled visits, and performing other
| ||||||
3 | activities designed to protect the rights of mentally ill | ||||||
4 | persons.
| ||||||
5 | (C) The agency shall have access to all records of mentally | ||||||
6 | ill
persons who are receiving care or treatment from a | ||||||
7 | facility, subject to the
limitations of this Act, the Mental | ||||||
8 | Health and Developmental Disabilities
Confidentiality Act, the | ||||||
9 | Nursing Home Care Act and the Child Care Act of
1969, as now or | ||||||
10 | hereafter amended. If the mentally ill person has a legal
| ||||||
11 | guardian other than the State or a designee of the State, the | ||||||
12 | facility
director shall disclose the guardian's name, address | ||||||
13 | and telephone number
to the agency upon its request. In cases | ||||||
14 | of conflict with provisions of
the Abused and Neglected Child | ||||||
15 | Reporting Act and the Nursing Home Care Act,
the provisions of | ||||||
16 | the Abused and Neglected Child Reporting Act and the
Nursing | ||||||
17 | Home Care Act shall apply. The agency shall also have access, | ||||||
18 | for
the purpose of inspection and copying, to the records of a | ||||||
19 | mentally ill
person (i) who by reason of his or her mental or | ||||||
20 | physical condition is
unable to authorize the agency to have | ||||||
21 | such access; (ii) who does not have
a legal guardian or for | ||||||
22 | whom the State or a designee of the State is the
legal | ||||||
23 | guardian; and (iii) with respect to whom a complaint has been
| ||||||
24 | received by the agency or with respect to whom there is | ||||||
25 | probable cause to
believe that such person has been subjected | ||||||
26 | to abuse or neglect.
|
| |||||||
| |||||||
1 | The agency shall provide written notice
to the mentally ill | ||||||
2 | person and the State guardian of the nature of the
complaint | ||||||
3 | based upon which the agency has gained access to
the records. | ||||||
4 | No record or the contents of the record shall be redisclosed
by | ||||||
5 | the agency unless the person who is mentally ill and the State | ||||||
6 | guardian
are provided 7 days advance written notice, except in | ||||||
7 | emergency situations,
of the agency's intent to redisclose such | ||||||
8 | record. Within such 7-day
period, the mentally ill person or | ||||||
9 | the State guardian may seek an
injunction prohibiting the | ||||||
10 | agency's redisclosure of such record on the
grounds that such | ||||||
11 | redisclosure is contrary to the interests of the mentally
ill | ||||||
12 | person.
| ||||||
13 | Upon request, the authorized agency shall be entitled to | ||||||
14 | inspect and copy
any clinical or trust fund records of mentally | ||||||
15 | ill persons which may further
the agency's investigation
of | ||||||
16 | alleged problems affecting numbers of mentally ill persons. | ||||||
17 | When
required by law, any personally identifiable information | ||||||
18 | of mentally ill
persons shall be removed from the records. | ||||||
19 | However, the agency may not
inspect or copy any records or | ||||||
20 | other materials when the removal of
personally identifiable | ||||||
21 | information imposes an unreasonable burden on any
facility as | ||||||
22 | defined by the Mental Health and Developmental Disabilities
| ||||||
23 | Code, the Nursing Home Care Act or the Child Care Act of 1969, | ||||||
24 | or any other
facility providing care or treatment to mentally | ||||||
25 | ill persons.
| ||||||
26 | (D) Prior to instituting any legal action in a federal or |
| |||||||
| |||||||
1 | State
court on behalf of a mentally ill individual, an eligible | ||||||
2 | protection and
advocacy system, or a State agency or nonprofit
| ||||||
3 | organization which entered into a contract with such an | ||||||
4 | eligible system under
Section 104(a) of the federal Protection | ||||||
5 | and Advocacy for Mentally Ill
Individuals Act of 1986, shall | ||||||
6 | exhaust in a timely manner all
administrative remedies where | ||||||
7 | appropriate. If, in pursuing administrative
remedies, the | ||||||
8 | system, State agency or organization determines that any
matter | ||||||
9 | with respect to such individual will not be resolved within a
| ||||||
10 | reasonable time, the system, State agency or organization may | ||||||
11 | pursue
alternative remedies, including the initiation of | ||||||
12 | appropriate legal action.
| ||||||
13 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
14 | (Text of Section after amendment by P.A. 96-339 )
| ||||||
15 | Sec. 3. Powers and Duties.
| ||||||
16 | (A) In order to properly exercise its powers
and duties, | ||||||
17 | the agency shall have the authority to:
| ||||||
18 | (1) Investigate incidents of abuse and neglect of | ||||||
19 | mentally ill persons
if the incidents are reported to the | ||||||
20 | agency or if there is probable cause
to believe that the | ||||||
21 | incidents occurred. In case of conflict with
provisions of | ||||||
22 | the Abused and Neglected Child Reporting Act or the Nursing
| ||||||
23 | Home Care Act, the provisions of those Acts shall apply.
| ||||||
24 | (2) Pursue administrative, legal and other appropriate | ||||||
25 | remedies to
ensure the protection of the rights of mentally |
| |||||||
| |||||||
1 | ill persons who are
receiving care and treatment in this | ||||||
2 | State.
| ||||||
3 | (3) Pursue administrative, legal and other remedies on | ||||||
4 | behalf of an individual who:
| ||||||
5 | (a) was a mentally ill individual; and
| ||||||
6 | (b) is a resident of this State,
but only with | ||||||
7 | respect to matters which occur within 90 days after the
| ||||||
8 | date of the discharge of such individual from a | ||||||
9 | facility providing care and treatment.
| ||||||
10 | (4) Establish a board which shall:
| ||||||
11 | (a) advise the protection and advocacy system on | ||||||
12 | policies and priorities
to be carried out in
protecting | ||||||
13 | and advocating the rights of mentally ill individuals; | ||||||
14 | and
| ||||||
15 | (b) include attorneys, mental health | ||||||
16 | professionals, individuals from the
public who are | ||||||
17 | knowledgeable about mental illness, a provider of | ||||||
18 | mental
health services, individuals who have received | ||||||
19 | or are receiving mental
health services and family | ||||||
20 | members of such individuals. At least one-half
the | ||||||
21 | members of the board shall be individuals who have
| ||||||
22 | received or are receiving mental health services or who | ||||||
23 | are family members
of such individuals.
| ||||||
24 | (5) On January 1, 1988, and on January 1 of each | ||||||
25 | succeeding year,
prepare and transmit to the Secretary of | ||||||
26 | the United States Department of
Health and Human Services |
| |||||||
| |||||||
1 | and to the Illinois Secretary of Human Services (before | ||||||
2 | January 1, 2011) or the Director of Healthcare and Family | ||||||
3 | Services (on or after January 1, 2011) a report describing | ||||||
4 | the activities,
accomplishments and expenditures of the | ||||||
5 | protection and advocacy system
during the most recently | ||||||
6 | completed fiscal year.
| ||||||
7 | (B) The agency shall have access to all mental health | ||||||
8 | facilities as
defined in Sections 1-107 and 1-114 of the Mental | ||||||
9 | Health and Developmental
Disabilities Code, all facilities as | ||||||
10 | defined in Section 1-113 of the
Nursing Home Care Act, all | ||||||
11 | facilities as defined in Section 1-113 of the
MR/DD Community | ||||||
12 | Care Act, all facilities as defined in Section 2.06 of the | ||||||
13 | Child
Care Act of 1969, as now or hereafter amended, and all | ||||||
14 | other facilities
providing care or treatment to mentally ill | ||||||
15 | persons. Such access shall be
granted for the purposes of | ||||||
16 | meeting with residents and staff, informing
them of services | ||||||
17 | available from the agency, distributing written
information | ||||||
18 | about the agency and the rights of persons who are mentally
| ||||||
19 | ill, conducting scheduled and unscheduled visits, and | ||||||
20 | performing other
activities designed to protect the rights of | ||||||
21 | mentally ill persons.
| ||||||
22 | (C) The agency shall have access to all records of mentally | ||||||
23 | ill
persons who are receiving care or treatment from a | ||||||
24 | facility, subject to the
limitations of this Act, the Mental | ||||||
25 | Health and Developmental Disabilities
Confidentiality Act, the | ||||||
26 | Nursing Home Care Act and the Child Care Act of
1969, as now or |
| |||||||
| |||||||
1 | hereafter amended. If the mentally ill person has a legal
| ||||||
2 | guardian other than the State or a designee of the State, the | ||||||
3 | facility
director shall disclose the guardian's name, address | ||||||
4 | and telephone number
to the agency upon its request. In cases | ||||||
5 | of conflict with provisions of
the Abused and Neglected Child | ||||||
6 | Reporting Act and the Nursing Home Care Act,
the provisions of | ||||||
7 | the Abused and Neglected Child Reporting Act and the
Nursing | ||||||
8 | Home Care Act shall apply. The agency shall also have access, | ||||||
9 | for
the purpose of inspection and copying, to the records of a | ||||||
10 | mentally ill
person (i) who by reason of his or her mental or | ||||||
11 | physical condition is
unable to authorize the agency to have | ||||||
12 | such access; (ii) who does not have
a legal guardian or for | ||||||
13 | whom the State or a designee of the State is the
legal | ||||||
14 | guardian; and (iii) with respect to whom a complaint has been
| ||||||
15 | received by the agency or with respect to whom there is | ||||||
16 | probable cause to
believe that such person has been subjected | ||||||
17 | to abuse or neglect.
| ||||||
18 | The agency shall provide written notice
to the mentally ill | ||||||
19 | person and the State guardian of the nature of the
complaint | ||||||
20 | based upon which the agency has gained access to
the records. | ||||||
21 | No record or the contents of the record shall be redisclosed
by | ||||||
22 | the agency unless the person who is mentally ill and the State | ||||||
23 | guardian
are provided 7 days advance written notice, except in | ||||||
24 | emergency situations,
of the agency's intent to redisclose such | ||||||
25 | record. Within such 7-day
period, the mentally ill person or | ||||||
26 | the State guardian may seek an
injunction prohibiting the |
| |||||||
| |||||||
1 | agency's redisclosure of such record on the
grounds that such | ||||||
2 | redisclosure is contrary to the interests of the mentally
ill | ||||||
3 | person.
| ||||||
4 | Upon request, the authorized agency shall be entitled to | ||||||
5 | inspect and copy
any clinical or trust fund records of mentally | ||||||
6 | ill persons which may further
the agency's investigation
of | ||||||
7 | alleged problems affecting numbers of mentally ill persons. | ||||||
8 | When
required by law, any personally identifiable information | ||||||
9 | of mentally ill
persons shall be removed from the records. | ||||||
10 | However, the agency may not
inspect or copy any records or | ||||||
11 | other materials when the removal of
personally identifiable | ||||||
12 | information imposes an unreasonable burden on any
facility as | ||||||
13 | defined by the Mental Health and Developmental Disabilities
| ||||||
14 | Code, the Nursing Home Care Act or the Child Care Act of 1969, | ||||||
15 | or any other
facility providing care or treatment to mentally | ||||||
16 | ill persons.
| ||||||
17 | (D) Prior to instituting any legal action in a federal or | ||||||
18 | State
court on behalf of a mentally ill individual, an eligible | ||||||
19 | protection and
advocacy system, or a State agency or nonprofit
| ||||||
20 | organization which entered into a contract with such an | ||||||
21 | eligible system under
Section 104(a) of the federal Protection | ||||||
22 | and Advocacy for Mentally Ill
Individuals Act of 1986, shall | ||||||
23 | exhaust in a timely manner all
administrative remedies where | ||||||
24 | appropriate. If, in pursuing administrative
remedies, the | ||||||
25 | system, State agency or organization determines that any
matter | ||||||
26 | with respect to such individual will not be resolved within a
|
| |||||||
| |||||||
1 | reasonable time, the system, State agency or organization may | ||||||
2 | pursue
alternative remedies, including the initiation of | ||||||
3 | appropriate legal action.
| ||||||
4 | (Source: P.A. 96-339, eff. 7-1-10.)
| ||||||
5 | Section 1100. The Children's Mental Health Act of 2003 is | ||||||
6 | amended by changing Section 10 as follows:
| ||||||
7 | (405 ILCS 49/10)
| ||||||
8 | Sec. 10. Office of Mental Health services. The Division | ||||||
9 | Office of Mental Health
within the Department of Human Services | ||||||
10 | (before January 1, 2011) or within the Department of Healthcare | ||||||
11 | and Family Services (on or after January 1, 2011) shall allow | ||||||
12 | grant and
purchase-of-service
moneys to be used for services | ||||||
13 | for children from birth through age 18.
| ||||||
14 | (Source: P.A. 93-495, eff. 8-8-03.)
| ||||||
15 | Section 1105. The Mental Health Patient Travel Act is | ||||||
16 | amended by changing Section 1 as follows:
| ||||||
17 | (405 ILCS 55/1) (from Ch. 91 1/2, par. 1451)
| ||||||
18 | Sec. 1.
The Department of Human Services and the Department | ||||||
19 | of Healthcare and Family Services
may each establish and | ||||||
20 | maintain a trust fund to be known as the
"Patient Travel Trust | ||||||
21 | Fund". This trust fund shall be used for advancing
money for | ||||||
22 | travel expenses in connection with the travel or transfer of
|
| |||||||
| |||||||
1 | patients in State mental health and developmental disabilities
| ||||||
2 | facilities, whether such travel or transfer is within this
| ||||||
3 | State or to or from other states, including the travel expenses | ||||||
4 | of
employees designated to accompany the patients. The trust | ||||||
5 | fund shall be
established and reimbursed from any applicable | ||||||
6 | appropriation for travel
expenses of the Department of Human | ||||||
7 | Services or the Department of Healthcare and Family Services | ||||||
8 | relating to mental health or developmental disabilities | ||||||
9 | functions (as successor to the Department
of Mental Health and | ||||||
10 | Developmental Disabilities) .
| ||||||
11 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
12 | Section 1110. The Developmental Disability and Mental | ||||||
13 | Disability Services Act is amended by changing Sections 2-2, | ||||||
14 | 2-3, 3-2, 3-3, 4-1, and 5-1 as follows:
| ||||||
15 | (405 ILCS 80/2-2) (from Ch. 91 1/2, par. 1802-2)
| ||||||
16 | Sec. 2-2.
The purpose of this Article is to authorize the
| ||||||
17 | Department of Human Services (before January 1, 2011) or the | ||||||
18 | Department of Healthcare and Family Services (on and after | ||||||
19 | January 1, 2011) to encourage,
develop, sponsor and fund | ||||||
20 | home-based and community-based services for mentally
disabled | ||||||
21 | adults in order to provide alternatives to | ||||||
22 | institutionalization
and to permit mentally disabled adults to | ||||||
23 | remain in their own homes.
| ||||||
24 | (Source: P.A. 89-507, eff. 7-1-97.)
|
| |||||||
| |||||||
1 | (405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
| ||||||
2 | (Text of Section before amendment by P.A. 96-339 )
| ||||||
3 | Sec. 2-3.
As used in this Article, unless the context | ||||||
4 | requires otherwise:
| ||||||
5 | (a) "Agency" means an agency or entity licensed by the | ||||||
6 | Department
pursuant to this Article or pursuant to the | ||||||
7 | Community Residential
Alternatives Licensing Act.
| ||||||
8 | (b) "Department" means the Department of Human Services, as | ||||||
9 | successor to
the Department of Mental Health and Developmental | ||||||
10 | Disabilities.
| ||||||
11 | (c) "Home-based services" means services provided to a | ||||||
12 | mentally disabled
adult who lives in his or her own home. These | ||||||
13 | services include but are
not limited to:
| ||||||
14 | (1) home health services;
| ||||||
15 | (2) case management;
| ||||||
16 | (3) crisis management;
| ||||||
17 | (4) training and assistance in self-care;
| ||||||
18 | (5) personal care services;
| ||||||
19 | (6) habilitation and rehabilitation services;
| ||||||
20 | (7) employment-related services;
| ||||||
21 | (8) respite care; and
| ||||||
22 | (9) other skill training that enables a person to | ||||||
23 | become self-supporting.
| ||||||
24 | (d) "Legal guardian" means a person appointed by a court of | ||||||
25 | competent
jurisdiction to exercise certain powers on behalf of |
| |||||||
| |||||||
1 | a mentally disabled adult.
| ||||||
2 | (e) "Mentally disabled adult" means a person over the age | ||||||
3 | of 18 years
who lives in his or her own home; who needs | ||||||
4 | home-based services,
but does not require 24-hour-a-day | ||||||
5 | supervision; and who has one of the
following conditions: | ||||||
6 | severe autism, severe mental illness, severe or
profound mental | ||||||
7 | retardation, or severe and multiple impairments.
| ||||||
8 | (f) In one's "own home" means that a mentally disabled | ||||||
9 | adult lives
alone; or that a mentally disabled adult is in | ||||||
10 | full-time residence with his
or her parents, legal guardian, or | ||||||
11 | other relatives; or that a mentally
disabled adult is in | ||||||
12 | full-time residence in a setting not subject to
licensure under | ||||||
13 | the Nursing Home Care Act or the Child Care Act of 1969, as
now | ||||||
14 | or hereafter amended, with 3 or fewer other adults unrelated to | ||||||
15 | the
mentally disabled adult who do not provide home-based | ||||||
16 | services to the
mentally disabled adult.
| ||||||
17 | (g) "Parent" means the biological or adoptive parent
of a | ||||||
18 | mentally disabled adult, or a person licensed as a
foster | ||||||
19 | parent under the laws of this State who acts as a mentally | ||||||
20 | disabled
adult's foster parent.
| ||||||
21 | (h) "Relative" means any of the following relationships
by | ||||||
22 | blood, marriage or adoption: parent, son, daughter, brother, | ||||||
23 | sister,
grandparent, uncle, aunt, nephew, niece, great | ||||||
24 | grandparent, great uncle,
great aunt, stepbrother, stepsister, | ||||||
25 | stepson, stepdaughter, stepparent or
first cousin.
| ||||||
26 | (i) "Severe autism" means a lifelong developmental |
| |||||||
| |||||||
1 | disability which is
typically manifested before 30 months of | ||||||
2 | age and is characterized by
severe disturbances in reciprocal | ||||||
3 | social interactions; verbal and
nonverbal communication and | ||||||
4 | imaginative activity; and repertoire of
activities and | ||||||
5 | interests. A person shall be determined severely
autistic, for | ||||||
6 | purposes of this Article, if both of the following are present:
| ||||||
7 | (1) Diagnosis consistent with the criteria for | ||||||
8 | autistic disorder in
the current edition of the Diagnostic | ||||||
9 | and Statistical Manual of Mental
Disorders.
| ||||||
10 | (2) Severe disturbances in reciprocal social | ||||||
11 | interactions; verbal and
nonverbal communication and | ||||||
12 | imaginative activity; repertoire of activities
and | ||||||
13 | interests. A determination of severe autism shall be based | ||||||
14 | upon a
comprehensive, documented assessment with an | ||||||
15 | evaluation by a licensed
clinical psychologist or | ||||||
16 | psychiatrist. A determination of severe autism
shall not be | ||||||
17 | based solely on behaviors relating to environmental, | ||||||
18 | cultural
or economic differences.
| ||||||
19 | (j) "Severe mental illness" means the manifestation of all | ||||||
20 | of the
following characteristics:
| ||||||
21 | (1) A primary diagnosis of one of the major mental | ||||||
22 | disorders
in the current edition of the Diagnostic and | ||||||
23 | Statistical Manual of Mental
Disorders listed below:
| ||||||
24 | (A) Schizophrenia disorder.
| ||||||
25 | (B) Delusional disorder.
| ||||||
26 | (C) Schizo-affective disorder.
|
| |||||||
| |||||||
1 | (D) Bipolar affective disorder.
| ||||||
2 | (E) Atypical psychosis.
| ||||||
3 | (F) Major depression, recurrent.
| ||||||
4 | (2) The individual's mental illness must substantially | ||||||
5 | impair his
or her functioning in at least 2 of the | ||||||
6 | following areas:
| ||||||
7 | (A) Self-maintenance.
| ||||||
8 | (B) Social functioning.
| ||||||
9 | (C) Activities of community living.
| ||||||
10 | (D) Work skills.
| ||||||
11 | (3) Disability must be present or expected to be | ||||||
12 | present for at least
one year.
| ||||||
13 | A determination of severe mental illness shall be based | ||||||
14 | upon a
comprehensive, documented assessment with an evaluation | ||||||
15 | by a licensed
clinical psychologist or psychiatrist, and shall | ||||||
16 | not be based solely on
behaviors relating to environmental, | ||||||
17 | cultural or economic differences.
| ||||||
18 | (k) "Severe or profound mental retardation" means a | ||||||
19 | manifestation of all
of the following characteristics:
| ||||||
20 | (1) A diagnosis which meets Classification in Mental | ||||||
21 | Retardation or
criteria in the current edition of the | ||||||
22 | Diagnostic and Statistical Manual of
Mental Disorders for | ||||||
23 | severe or profound mental retardation (an IQ of 40 or
| ||||||
24 | below). This must be measured by a standardized instrument | ||||||
25 | for general
intellectual functioning.
| ||||||
26 | (2) A severe or profound level of disturbed adaptive |
| |||||||
| |||||||
1 | behavior. This
must be measured by a standardized adaptive | ||||||
2 | behavior scale or informal
appraisal by the professional in | ||||||
3 | keeping with illustrations in
Classification in Mental | ||||||
4 | Retardation, 1983.
| ||||||
5 | (3) Disability diagnosed before age of 18.
| ||||||
6 | A determination of severe or profound mental retardation | ||||||
7 | shall be based
upon a comprehensive, documented assessment with | ||||||
8 | an evaluation by a
licensed clinical psychologist or certified | ||||||
9 | school psychologist or a
psychiatrist, and shall not be based | ||||||
10 | solely on behaviors relating to
environmental, cultural or | ||||||
11 | economic differences.
| ||||||
12 | (l) "Severe and multiple impairments" means the | ||||||
13 | manifestation of all of
the following characteristics:
| ||||||
14 | (1) The evaluation determines the presence of a | ||||||
15 | developmental
disability which is expected to continue | ||||||
16 | indefinitely, constitutes a
substantial handicap and is | ||||||
17 | attributable to any of the following:
| ||||||
18 | (A) Mental retardation, which is defined as | ||||||
19 | general intellectual
functioning that is 2 or more | ||||||
20 | standard deviations below the mean
concurrent with | ||||||
21 | impairment of adaptive behavior which is 2 or more | ||||||
22 | standard
deviations below the mean. Assessment of the | ||||||
23 | individual's intellectual
functioning must be measured | ||||||
24 | by a standardized instrument for general
intellectual | ||||||
25 | functioning.
| ||||||
26 | (B) Cerebral palsy.
|
| |||||||
| |||||||
1 | (C) Epilepsy.
| ||||||
2 | (D) Autism.
| ||||||
3 | (E) Any other condition which results in | ||||||
4 | impairment similar to that
caused by mental | ||||||
5 | retardation and which requires services similar to | ||||||
6 | those
required by mentally retarded persons.
| ||||||
7 | (2) The evaluation determines multiple handicaps in | ||||||
8 | physical, sensory,
behavioral or cognitive functioning | ||||||
9 | which constitute a severe or profound
impairment | ||||||
10 | attributable to one or more of the following:
| ||||||
11 | (A) Physical functioning, which severely impairs | ||||||
12 | the individual's motor
performance that may be due to:
| ||||||
13 | (i) Neurological, psychological or physical | ||||||
14 | involvement resulting in a
variety of disabling | ||||||
15 | conditions such as hemiplegia, quadriplegia or | ||||||
16 | ataxia,
| ||||||
17 | (ii) Severe organ systems involvement such as | ||||||
18 | congenital heart defect,
| ||||||
19 | (iii) Physical abnormalities resulting in the | ||||||
20 | individual being
non-mobile and non-ambulatory or | ||||||
21 | confined to bed and receiving assistance
in | ||||||
22 | transferring, or
| ||||||
23 | (iv) The need for regular medical or nursing | ||||||
24 | supervision such as
gastrostomy care and feeding.
| ||||||
25 | Assessment of physical functioning must be based | ||||||
26 | on clinical medical
assessment by a physician licensed |
| |||||||
| |||||||
1 | to practice medicine in all its branches,
using the | ||||||
2 | appropriate instruments, techniques and standards of | ||||||
3 | measurement
required by the professional.
| ||||||
4 | (B) Sensory, which involves severe restriction due | ||||||
5 | to hearing or
visual impairment limiting the | ||||||
6 | individual's movement and creating
dependence in | ||||||
7 | completing most daily activities. Hearing impairment | ||||||
8 | is
defined as a loss of 70 decibels aided or speech | ||||||
9 | discrimination of less
than 50% aided. Visual | ||||||
10 | impairment is defined as 20/200 corrected in the
better | ||||||
11 | eye or a visual field of 20 degrees or less.
Sensory | ||||||
12 | functioning must be based on clinical medical | ||||||
13 | assessment by a
physician licensed to practice | ||||||
14 | medicine in all its branches using the
appropriate | ||||||
15 | instruments, techniques and standards of measurement | ||||||
16 | required
by the professional.
| ||||||
17 | (C) Behavioral, which involves behavior that is | ||||||
18 | maladaptive and presents
a danger to self or others, is | ||||||
19 | destructive to property by deliberately
breaking, | ||||||
20 | destroying or defacing objects, is disruptive by | ||||||
21 | fighting, or has
other socially offensive behaviors in | ||||||
22 | sufficient frequency or severity to
seriously limit | ||||||
23 | social integration. Assessment of behavioral | ||||||
24 | functioning
may be measured by a standardized scale or | ||||||
25 | informal appraisal by a clinical
psychologist or | ||||||
26 | psychiatrist.
|
| |||||||
| |||||||
1 | (D) Cognitive, which involves intellectual | ||||||
2 | functioning at a measured IQ
of 70 or below. Assessment | ||||||
3 | of cognitive functioning must be measured by a
| ||||||
4 | standardized instrument for general intelligence.
| ||||||
5 | (3) The evaluation determines that development is | ||||||
6 | substantially less
than expected for the age in cognitive, | ||||||
7 | affective or psychomotor behavior
as follows:
| ||||||
8 | (A) Cognitive, which involves intellectual | ||||||
9 | functioning at a measured IQ
of 70 or below. Assessment | ||||||
10 | of cognitive functioning must be measured by a
| ||||||
11 | standardized instrument for general intelligence.
| ||||||
12 | (B) Affective behavior, which involves over and | ||||||
13 | under responding to
stimuli in the environment and may | ||||||
14 | be observed in mood, attention to
awareness, or in | ||||||
15 | behaviors such as euphoria, anger or sadness that
| ||||||
16 | seriously limit integration into society. Affective | ||||||
17 | behavior must be based
on clinical assessment using the | ||||||
18 | appropriate instruments, techniques and
standards of | ||||||
19 | measurement required by the professional.
| ||||||
20 | (C) Psychomotor, which includes a severe | ||||||
21 | developmental delay in fine or
gross motor skills so | ||||||
22 | that development in self-care, social interaction,
| ||||||
23 | communication or physical activity will be greatly | ||||||
24 | delayed or restricted.
| ||||||
25 | (4) A determination that the disability originated | ||||||
26 | before the age of
18 years.
|
| |||||||
| |||||||
1 | A determination of severe and multiple impairments shall be | ||||||
2 | based upon a
comprehensive, documented assessment with an | ||||||
3 | evaluation by a licensed
clinical psychologist or | ||||||
4 | psychiatrist.
| ||||||
5 | If the examiner is a licensed clinical psychologist, | ||||||
6 | ancillary evaluation
of physical impairment, cerebral palsy or | ||||||
7 | epilepsy must be made by a
physician licensed to practice | ||||||
8 | medicine in all its branches.
| ||||||
9 | Regardless of the discipline of the examiner, ancillary | ||||||
10 | evaluation of
visual impairment must be made by an | ||||||
11 | ophthalmologist or a licensed optometrist.
| ||||||
12 | Regardless of the discipline of the examiner, ancillary | ||||||
13 | evaluation of
hearing impairment must be made by an | ||||||
14 | otolaryngologist or an audiologist
with a certificate of | ||||||
15 | clinical competency.
| ||||||
16 | The only exception to the above is in the case of a person | ||||||
17 | with cerebral
palsy or epilepsy who, according to the | ||||||
18 | eligibility criteria listed below,
has multiple impairments | ||||||
19 | which are only physical and sensory. In such a
case, a | ||||||
20 | physician licensed to practice medicine in all its branches may
| ||||||
21 | serve as the examiner.
| ||||||
22 | (m) "Twenty-four-hour-a-day supervision" means | ||||||
23 | 24-hour-a-day care by a
trained mental health or developmental | ||||||
24 | disability professional on an ongoing
basis.
| ||||||
25 | (Source: P.A. 89-507, eff. 7-1-97.)
|
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 96-339 )
| ||||||
2 | Sec. 2-3. As used in this Article, unless the context | ||||||
3 | requires otherwise:
| ||||||
4 | (a) "Agency" means an agency or entity licensed by the | ||||||
5 | Department
pursuant to this Article or pursuant to the | ||||||
6 | Community Residential
Alternatives Licensing Act.
| ||||||
7 | (b) "Department" means the Department of Human Services | ||||||
8 | (before January 1, 2011) or the Department of Healthcare and | ||||||
9 | Family Services (on and after January 1, 2011) , as successor to
| ||||||
10 | the Department of Mental Health and Developmental | ||||||
11 | Disabilities .
| ||||||
12 | (c) "Home-based services" means services provided to a | ||||||
13 | mentally disabled
adult who lives in his or her own home. These | ||||||
14 | services include but are
not limited to:
| ||||||
15 | (1) home health services;
| ||||||
16 | (2) case management;
| ||||||
17 | (3) crisis management;
| ||||||
18 | (4) training and assistance in self-care;
| ||||||
19 | (5) personal care services;
| ||||||
20 | (6) habilitation and rehabilitation services;
| ||||||
21 | (7) employment-related services;
| ||||||
22 | (8) respite care; and
| ||||||
23 | (9) other skill training that enables a person to | ||||||
24 | become self-supporting.
| ||||||
25 | (d) "Legal guardian" means a person appointed by a court of | ||||||
26 | competent
jurisdiction to exercise certain powers on behalf of |
| |||||||
| |||||||
1 | a mentally disabled adult.
| ||||||
2 | (e) "Mentally disabled adult" means a person over the age | ||||||
3 | of 18 years
who lives in his or her own home; who needs | ||||||
4 | home-based services,
but does not require 24-hour-a-day | ||||||
5 | supervision; and who has one of the
following conditions: | ||||||
6 | severe autism, severe mental illness, severe or
profound mental | ||||||
7 | retardation, or severe and multiple impairments.
| ||||||
8 | (f) In one's "own home" means that a mentally disabled | ||||||
9 | adult lives
alone; or that a mentally disabled adult is in | ||||||
10 | full-time residence with his
or her parents, legal guardian, or | ||||||
11 | other relatives; or that a mentally
disabled adult is in | ||||||
12 | full-time residence in a setting not subject to
licensure under | ||||||
13 | the Nursing Home Care Act, the MR/DD Community Care Act, or the | ||||||
14 | Child Care Act of 1969, as
now or hereafter amended, with 3 or | ||||||
15 | fewer other adults unrelated to the
mentally disabled adult who | ||||||
16 | do not provide home-based services to the
mentally disabled | ||||||
17 | adult.
| ||||||
18 | (g) "Parent" means the biological or adoptive parent
of a | ||||||
19 | mentally disabled adult, or a person licensed as a
foster | ||||||
20 | parent under the laws of this State who acts as a mentally | ||||||
21 | disabled
adult's foster parent.
| ||||||
22 | (h) "Relative" means any of the following relationships
by | ||||||
23 | blood, marriage or adoption: parent, son, daughter, brother, | ||||||
24 | sister,
grandparent, uncle, aunt, nephew, niece, great | ||||||
25 | grandparent, great uncle,
great aunt, stepbrother, stepsister, | ||||||
26 | stepson, stepdaughter, stepparent or
first cousin.
|
| |||||||
| |||||||
1 | (i) "Severe autism" means a lifelong developmental | ||||||
2 | disability which is
typically manifested before 30 months of | ||||||
3 | age and is characterized by
severe disturbances in reciprocal | ||||||
4 | social interactions; verbal and
nonverbal communication and | ||||||
5 | imaginative activity; and repertoire of
activities and | ||||||
6 | interests. A person shall be determined severely
autistic, for | ||||||
7 | purposes of this Article, if both of the following are present:
| ||||||
8 | (1) Diagnosis consistent with the criteria for | ||||||
9 | autistic disorder in
the current edition of the Diagnostic | ||||||
10 | and Statistical Manual of Mental
Disorders.
| ||||||
11 | (2) Severe disturbances in reciprocal social | ||||||
12 | interactions; verbal and
nonverbal communication and | ||||||
13 | imaginative activity; repertoire of activities
and | ||||||
14 | interests. A determination of severe autism shall be based | ||||||
15 | upon a
comprehensive, documented assessment with an | ||||||
16 | evaluation by a licensed
clinical psychologist or | ||||||
17 | psychiatrist. A determination of severe autism
shall not be | ||||||
18 | based solely on behaviors relating to environmental, | ||||||
19 | cultural
or economic differences.
| ||||||
20 | (j) "Severe mental illness" means the manifestation of all | ||||||
21 | of the
following characteristics:
| ||||||
22 | (1) A primary diagnosis of one of the major mental | ||||||
23 | disorders
in the current edition of the Diagnostic and | ||||||
24 | Statistical Manual of Mental
Disorders listed below:
| ||||||
25 | (A) Schizophrenia disorder.
| ||||||
26 | (B) Delusional disorder.
|
| |||||||
| |||||||
1 | (C) Schizo-affective disorder.
| ||||||
2 | (D) Bipolar affective disorder.
| ||||||
3 | (E) Atypical psychosis.
| ||||||
4 | (F) Major depression, recurrent.
| ||||||
5 | (2) The individual's mental illness must substantially | ||||||
6 | impair his
or her functioning in at least 2 of the | ||||||
7 | following areas:
| ||||||
8 | (A) Self-maintenance.
| ||||||
9 | (B) Social functioning.
| ||||||
10 | (C) Activities of community living.
| ||||||
11 | (D) Work skills.
| ||||||
12 | (3) Disability must be present or expected to be | ||||||
13 | present for at least
one year.
| ||||||
14 | A determination of severe mental illness shall be based | ||||||
15 | upon a
comprehensive, documented assessment with an evaluation | ||||||
16 | by a licensed
clinical psychologist or psychiatrist, and shall | ||||||
17 | not be based solely on
behaviors relating to environmental, | ||||||
18 | cultural or economic differences.
| ||||||
19 | (k) "Severe or profound mental retardation" means a | ||||||
20 | manifestation of all
of the following characteristics:
| ||||||
21 | (1) A diagnosis which meets Classification in Mental | ||||||
22 | Retardation or
criteria in the current edition of the | ||||||
23 | Diagnostic and Statistical Manual of
Mental Disorders for | ||||||
24 | severe or profound mental retardation (an IQ of 40 or
| ||||||
25 | below). This must be measured by a standardized instrument | ||||||
26 | for general
intellectual functioning.
|
| |||||||
| |||||||
1 | (2) A severe or profound level of disturbed adaptive | ||||||
2 | behavior. This
must be measured by a standardized adaptive | ||||||
3 | behavior scale or informal
appraisal by the professional in | ||||||
4 | keeping with illustrations in
Classification in Mental | ||||||
5 | Retardation, 1983.
| ||||||
6 | (3) Disability diagnosed before age of 18.
| ||||||
7 | A determination of severe or profound mental retardation | ||||||
8 | shall be based
upon a comprehensive, documented assessment with | ||||||
9 | an evaluation by a
licensed clinical psychologist or certified | ||||||
10 | school psychologist or a
psychiatrist, and shall not be based | ||||||
11 | solely on behaviors relating to
environmental, cultural or | ||||||
12 | economic differences.
| ||||||
13 | (l) "Severe and multiple impairments" means the | ||||||
14 | manifestation of all of
the following characteristics:
| ||||||
15 | (1) The evaluation determines the presence of a | ||||||
16 | developmental
disability which is expected to continue | ||||||
17 | indefinitely, constitutes a
substantial handicap and is | ||||||
18 | attributable to any of the following:
| ||||||
19 | (A) Mental retardation, which is defined as | ||||||
20 | general intellectual
functioning that is 2 or more | ||||||
21 | standard deviations below the mean
concurrent with | ||||||
22 | impairment of adaptive behavior which is 2 or more | ||||||
23 | standard
deviations below the mean. Assessment of the | ||||||
24 | individual's intellectual
functioning must be measured | ||||||
25 | by a standardized instrument for general
intellectual | ||||||
26 | functioning.
|
| |||||||
| |||||||
1 | (B) Cerebral palsy.
| ||||||
2 | (C) Epilepsy.
| ||||||
3 | (D) Autism.
| ||||||
4 | (E) Any other condition which results in | ||||||
5 | impairment similar to that
caused by mental | ||||||
6 | retardation and which requires services similar to | ||||||
7 | those
required by mentally retarded persons.
| ||||||
8 | (2) The evaluation determines multiple handicaps in | ||||||
9 | physical, sensory,
behavioral or cognitive functioning | ||||||
10 | which constitute a severe or profound
impairment | ||||||
11 | attributable to one or more of the following:
| ||||||
12 | (A) Physical functioning, which severely impairs | ||||||
13 | the individual's motor
performance that may be due to:
| ||||||
14 | (i) Neurological, psychological or physical | ||||||
15 | involvement resulting in a
variety of disabling | ||||||
16 | conditions such as hemiplegia, quadriplegia or | ||||||
17 | ataxia,
| ||||||
18 | (ii) Severe organ systems involvement such as | ||||||
19 | congenital heart defect,
| ||||||
20 | (iii) Physical abnormalities resulting in the | ||||||
21 | individual being
non-mobile and non-ambulatory or | ||||||
22 | confined to bed and receiving assistance
in | ||||||
23 | transferring, or
| ||||||
24 | (iv) The need for regular medical or nursing | ||||||
25 | supervision such as
gastrostomy care and feeding.
| ||||||
26 | Assessment of physical functioning must be based |
| |||||||
| |||||||
1 | on clinical medical
assessment by a physician licensed | ||||||
2 | to practice medicine in all its branches,
using the | ||||||
3 | appropriate instruments, techniques and standards of | ||||||
4 | measurement
required by the professional.
| ||||||
5 | (B) Sensory, which involves severe restriction due | ||||||
6 | to hearing or
visual impairment limiting the | ||||||
7 | individual's movement and creating
dependence in | ||||||
8 | completing most daily activities. Hearing impairment | ||||||
9 | is
defined as a loss of 70 decibels aided or speech | ||||||
10 | discrimination of less
than 50% aided. Visual | ||||||
11 | impairment is defined as 20/200 corrected in the
better | ||||||
12 | eye or a visual field of 20 degrees or less.
Sensory | ||||||
13 | functioning must be based on clinical medical | ||||||
14 | assessment by a
physician licensed to practice | ||||||
15 | medicine in all its branches using the
appropriate | ||||||
16 | instruments, techniques and standards of measurement | ||||||
17 | required
by the professional.
| ||||||
18 | (C) Behavioral, which involves behavior that is | ||||||
19 | maladaptive and presents
a danger to self or others, is | ||||||
20 | destructive to property by deliberately
breaking, | ||||||
21 | destroying or defacing objects, is disruptive by | ||||||
22 | fighting, or has
other socially offensive behaviors in | ||||||
23 | sufficient frequency or severity to
seriously limit | ||||||
24 | social integration. Assessment of behavioral | ||||||
25 | functioning
may be measured by a standardized scale or | ||||||
26 | informal appraisal by a clinical
psychologist or |
| |||||||
| |||||||
1 | psychiatrist.
| ||||||
2 | (D) Cognitive, which involves intellectual | ||||||
3 | functioning at a measured IQ
of 70 or below. Assessment | ||||||
4 | of cognitive functioning must be measured by a
| ||||||
5 | standardized instrument for general intelligence.
| ||||||
6 | (3) The evaluation determines that development is | ||||||
7 | substantially less
than expected for the age in cognitive, | ||||||
8 | affective or psychomotor behavior
as follows:
| ||||||
9 | (A) Cognitive, which involves intellectual | ||||||
10 | functioning at a measured IQ
of 70 or below. Assessment | ||||||
11 | of cognitive functioning must be measured by a
| ||||||
12 | standardized instrument for general intelligence.
| ||||||
13 | (B) Affective behavior, which involves over and | ||||||
14 | under responding to
stimuli in the environment and may | ||||||
15 | be observed in mood, attention to
awareness, or in | ||||||
16 | behaviors such as euphoria, anger or sadness that
| ||||||
17 | seriously limit integration into society. Affective | ||||||
18 | behavior must be based
on clinical assessment using the | ||||||
19 | appropriate instruments, techniques and
standards of | ||||||
20 | measurement required by the professional.
| ||||||
21 | (C) Psychomotor, which includes a severe | ||||||
22 | developmental delay in fine or
gross motor skills so | ||||||
23 | that development in self-care, social interaction,
| ||||||
24 | communication or physical activity will be greatly | ||||||
25 | delayed or restricted.
| ||||||
26 | (4) A determination that the disability originated |
| |||||||
| |||||||
1 | before the age of
18 years.
| ||||||
2 | A determination of severe and multiple impairments shall be | ||||||
3 | based upon a
comprehensive, documented assessment with an | ||||||
4 | evaluation by a licensed
clinical psychologist or | ||||||
5 | psychiatrist.
| ||||||
6 | If the examiner is a licensed clinical psychologist, | ||||||
7 | ancillary evaluation
of physical impairment, cerebral palsy or | ||||||
8 | epilepsy must be made by a
physician licensed to practice | ||||||
9 | medicine in all its branches.
| ||||||
10 | Regardless of the discipline of the examiner, ancillary | ||||||
11 | evaluation of
visual impairment must be made by an | ||||||
12 | ophthalmologist or a licensed optometrist.
| ||||||
13 | Regardless of the discipline of the examiner, ancillary | ||||||
14 | evaluation of
hearing impairment must be made by an | ||||||
15 | otolaryngologist or an audiologist
with a certificate of | ||||||
16 | clinical competency.
| ||||||
17 | The only exception to the above is in the case of a person | ||||||
18 | with cerebral
palsy or epilepsy who, according to the | ||||||
19 | eligibility criteria listed below,
has multiple impairments | ||||||
20 | which are only physical and sensory. In such a
case, a | ||||||
21 | physician licensed to practice medicine in all its branches may
| ||||||
22 | serve as the examiner.
| ||||||
23 | (m) "Twenty-four-hour-a-day supervision" means | ||||||
24 | 24-hour-a-day care by a
trained mental health or developmental | ||||||
25 | disability professional on an ongoing
basis.
| ||||||
26 | (Source: P.A. 96-339, eff. 7-1-10.)
|
| |||||||
| |||||||
1 | (405 ILCS 80/3-2) (from Ch. 91 1/2, par. 1803-2)
| ||||||
2 | Sec. 3-2.
The purpose of this Article is to create a | ||||||
3 | mandate for the
Department of Human Services (before January 1, | ||||||
4 | 2011) or the Department of Healthcare and Family Services (on | ||||||
5 | and after January 1, 2011) to strengthen and
promote families | ||||||
6 | who provide care within the family home for children whose
| ||||||
7 | level of mental illness or developmental disability | ||||||
8 | constitutes a risk of
out-of-home placement. It is the intent | ||||||
9 | of this Article to strengthen,
promote and empower families to | ||||||
10 | determine the most appropriate use of
resources to address the | ||||||
11 | unique and changing needs of those families'
mentally disabled | ||||||
12 | children.
| ||||||
13 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
14 | (405 ILCS 80/3-3) (from Ch. 91 1/2, par. 1803-3)
| ||||||
15 | Sec. 3-3. As used in this Article, unless the context | ||||||
16 | requires otherwise:
| ||||||
17 | (a) "Agency" means an agency or entity licensed by the | ||||||
18 | Department
pursuant to this Article or pursuant to the | ||||||
19 | Community Residential
Alternatives Licensing Act.
| ||||||
20 | (b) "Department" means the Department of Human Services | ||||||
21 | (before January 1, 2011) or the Department of Healthcare and | ||||||
22 | Family Services (on and after January 1, 2011) , as successor to
| ||||||
23 | the Department of Mental Health and Developmental | ||||||
24 | Disabilities .
|
| |||||||
| |||||||
1 | (c) "Department-funded out-of-home placement services" | ||||||
2 | means those
services for which the Department pays the partial | ||||||
3 | or full cost of care of
the residential placement.
| ||||||
4 | (d) "Family" or "families" means a family member or members | ||||||
5 | and his, her
or their parents or legal guardians.
| ||||||
6 | (e) "Family member" means a child 17 years old or younger | ||||||
7 | who has one of
the following conditions: severe autism, severe | ||||||
8 | emotional disturbance,
severe or profound mental retardation, | ||||||
9 | or severe and multiple
impairments.
| ||||||
10 | (f) "Legal guardian" means a person appointed by a court of | ||||||
11 | competent
jurisdiction to exercise certain powers on behalf of | ||||||
12 | a family member and
with whom the family member resides.
| ||||||
13 | (g) "Parent" means a biological or adoptive parent with | ||||||
14 | whom the family
member resides, or a person licensed as a | ||||||
15 | foster parent under the laws of
this State, acting as a family | ||||||
16 | member's foster parent, and with whom the
family member | ||||||
17 | resides.
| ||||||
18 | (h) "Severe autism" means a lifelong developmental | ||||||
19 | disability which is
typically manifested before 30 months of | ||||||
20 | age and is characterized by
severe disturbances in reciprocal | ||||||
21 | social interactions; verbal and
nonverbal communication and | ||||||
22 | imaginative activity; and repertoire of
activities and | ||||||
23 | interests. A person shall be determined severely autistic,
for | ||||||
24 | purposes of this Article, if both of the following are present:
| ||||||
25 | (1) Diagnosis consistent with the criteria for | ||||||
26 | autistic disorder in
the current edition of the Diagnostic |
| |||||||
| |||||||
1 | and Statistical Manual of Mental
Disorders;
| ||||||
2 | (2) Severe disturbances in reciprocal social | ||||||
3 | interactions; verbal and
nonverbal communication and | ||||||
4 | imaginative activity; and repertoire of activities
and | ||||||
5 | interests. A determination of severe autism shall be based | ||||||
6 | upon a
comprehensive, documented assessment with an | ||||||
7 | evaluation by a licensed
clinical psychologist or | ||||||
8 | psychiatrist. A determination of severe autism
shall not be | ||||||
9 | based solely on behaviors relating to environmental, | ||||||
10 | cultural
or economic differences.
| ||||||
11 | (i) "Severe mental illness" means the manifestation of all | ||||||
12 | of the
following characteristics:
| ||||||
13 | (1) a severe mental illness characterized by the | ||||||
14 | presence of a mental
disorder in children or adolescents, | ||||||
15 | classified in the Diagnostic and
Statistical Manual of | ||||||
16 | Mental Disorders (Third Edition - Revised), as now or
| ||||||
17 | hereafter revised, excluding V-codes (as that term is used | ||||||
18 | in the current
edition of the Diagnostic and Statistical | ||||||
19 | Manual of Mental Disorders),
adjustment disorders, mental | ||||||
20 | retardation when no other mental disorder is
present, | ||||||
21 | alcohol or substance abuse, or other forms of dementia | ||||||
22 | based upon
organic or physical disorders; and
| ||||||
23 | (2) a functional disability of an extended duration | ||||||
24 | which results in
substantial limitations in major life | ||||||
25 | activities.
| ||||||
26 | A determination of severe mental illness shall be based |
| |||||||
| |||||||
1 | upon a
comprehensive, documented assessment with an evaluation | ||||||
2 | by a licensed
clinical psychologist or a psychiatrist.
| ||||||
3 | (j) "Severe or profound mental retardation" means a | ||||||
4 | manifestation of all
of the following characteristics:
| ||||||
5 | (1) A diagnosis which meets Classification in Mental | ||||||
6 | Retardation or
criteria in the current edition of the | ||||||
7 | Diagnostic and Statistical Manual of
Mental Disorders for | ||||||
8 | severe or profound mental retardation (an IQ of 40 or
| ||||||
9 | below). This must be measured by a standardized instrument | ||||||
10 | for general
intellectual functioning.
| ||||||
11 | (2) A severe or profound level of adaptive behavior. | ||||||
12 | This must be
measured by a standardized adaptive behavior | ||||||
13 | scale or informal appraisal by
the professional in keeping | ||||||
14 | with illustrations in Classification in Mental
| ||||||
15 | Retardation, 1983.
| ||||||
16 | (3) Disability diagnosed before age of 18.
| ||||||
17 | A determination of severe or profound mental retardation | ||||||
18 | shall be based
upon a comprehensive, documented assessment with | ||||||
19 | an evaluation by a
licensed clinical psychologist, certified | ||||||
20 | school psychologist, a
psychiatrist or other physician | ||||||
21 | licensed to practice medicine in all its
branches, and shall | ||||||
22 | not be based solely on behaviors relating to
environmental, | ||||||
23 | cultural or economic differences.
| ||||||
24 | (k) "Severe and multiple impairments" means the | ||||||
25 | manifestation of all the
following characteristics:
| ||||||
26 | (1) The evaluation determines the presence of a |
| |||||||
| |||||||
1 | developmental
disability which is expected to continue | ||||||
2 | indefinitely, constitutes a
substantial handicap and is | ||||||
3 | attributable to any of the following:
| ||||||
4 | (A) Mental retardation, which is defined as | ||||||
5 | general intellectual
functioning that is 2 or more | ||||||
6 | standard deviations below the mean
concurrent with | ||||||
7 | impairment of adaptive behavior which is 2 or more | ||||||
8 | standard
deviations below the mean. Assessment of the | ||||||
9 | individual's intellectual
functioning must be measured | ||||||
10 | by a standardized instrument for general
intellectual | ||||||
11 | functioning.
| ||||||
12 | (B) Cerebral palsy.
| ||||||
13 | (C) Epilepsy.
| ||||||
14 | (D) Autism.
| ||||||
15 | (E) Any other condition which results in | ||||||
16 | impairment similar to that
caused by mental | ||||||
17 | retardation and which requires services similar to | ||||||
18 | those
required by mentally retarded persons.
| ||||||
19 | (2) The evaluation determines multiple handicaps in | ||||||
20 | physical, sensory,
behavioral or cognitive functioning | ||||||
21 | which constitute a severe or profound
impairment | ||||||
22 | attributable to one or more of the following:
| ||||||
23 | (A) Physical functioning, which severely impairs | ||||||
24 | the individual's
motor performance that may be due to:
| ||||||
25 | (i) Neurological, psychological or physical | ||||||
26 | involvement resulting in
a variety of disabling |
| |||||||
| |||||||
1 | conditions such as hemiplegia, quadriplegia or | ||||||
2 | ataxia,
| ||||||
3 | (ii) Severe organ systems involvement such as | ||||||
4 | congenital heart defect,
| ||||||
5 | (iii) Physical abnormalities resulting in the | ||||||
6 | individual being
non-mobile and non-ambulatory or | ||||||
7 | confined to bed and receiving assistance
in | ||||||
8 | transferring, or
| ||||||
9 | (iv) The need for regular medical or nursing | ||||||
10 | supervision such as
gastrostomy care and feeding.
| ||||||
11 | Assessment of physical functioning must be based | ||||||
12 | on clinical medical
assessment, using the appropriate | ||||||
13 | instruments, techniques and standards of
measurement | ||||||
14 | required by the professional.
| ||||||
15 | (B) Sensory, which involves severe restriction due | ||||||
16 | to hearing or
visual impairment limiting the | ||||||
17 | individual's movement and creating
dependence in | ||||||
18 | completing most daily activities. Hearing impairment | ||||||
19 | is
defined as a loss of 70 decibels aided or speech | ||||||
20 | discrimination of less
than 50% aided. Visual | ||||||
21 | impairment is defined as 20/200 corrected in the
better | ||||||
22 | eye or a visual field of 20 degrees or less. Sensory | ||||||
23 | functioning
must be based on clinical medical | ||||||
24 | assessment using the appropriate
instruments, | ||||||
25 | techniques and standards of measurement required by | ||||||
26 | the
professional.
|
| |||||||
| |||||||
1 | (C) Behavioral, which involves behavior that is | ||||||
2 | maladaptive and presents
a danger to self or others, is | ||||||
3 | destructive to property by deliberately
breaking, | ||||||
4 | destroying or defacing objects, is disruptive by | ||||||
5 | fighting, or has
other socially offensive behaviors in | ||||||
6 | sufficient frequency or severity to
seriously limit | ||||||
7 | social integration. Assessment of behavioral | ||||||
8 | functioning
may be measured by a standardized scale or | ||||||
9 | informal appraisal by the medical
professional.
| ||||||
10 | (D) Cognitive, which involves intellectual | ||||||
11 | functioning at a measured IQ
of 70 or below. Assessment | ||||||
12 | of cognitive functioning must be measured by a
| ||||||
13 | standardized instrument for general intelligence.
| ||||||
14 | (3) The evaluation determines that development is | ||||||
15 | substantially less
than expected for the age in cognitive, | ||||||
16 | affective or psychomotor behavior
as follows:
| ||||||
17 | (A) Cognitive, which involves intellectual | ||||||
18 | functioning at a measured
IQ of 70 or below. Assessment | ||||||
19 | of cognitive functioning must be measured by
a | ||||||
20 | standardized instrument for general intelligence.
| ||||||
21 | (B) Affective behavior, which involves over and | ||||||
22 | under responding to
stimuli in the environment and may | ||||||
23 | be observed in mood, attention to
awareness, or in | ||||||
24 | behaviors such as euphoria, anger or sadness that
| ||||||
25 | seriously limit integration into society. Affective | ||||||
26 | behavior must be based
on clinical medical and |
| |||||||
| |||||||
1 | psychiatric assessment using the appropriate
| ||||||
2 | instruments, techniques and
standards of measurement | ||||||
3 | required by the professional.
| ||||||
4 | (C) Psychomotor, which includes a severe | ||||||
5 | developmental delay in fine or
gross motor skills so | ||||||
6 | that development in self-care, social interaction,
| ||||||
7 | communication or physical activity will be greatly | ||||||
8 | delayed or restricted.
| ||||||
9 | (4) A determination that the disability originated | ||||||
10 | before the age of
18 years.
| ||||||
11 | A determination of severe and multiple impairments shall be | ||||||
12 | based upon a
comprehensive, documented assessment with an | ||||||
13 | evaluation by a licensed
clinical psychologist or | ||||||
14 | psychiatrist. If the examiner is a licensed
clinical | ||||||
15 | psychologist, ancillary evaluation of physical impairment,
| ||||||
16 | cerebral palsy or epilepsy must be made by a physician licensed | ||||||
17 | to practice
medicine in all its branches.
| ||||||
18 | Regardless of the discipline of the examiner, ancillary | ||||||
19 | evaluation of
visual impairment must be made by an | ||||||
20 | ophthalmologist or a licensed optometrist.
| ||||||
21 | Regardless of the discipline of the examiner, ancillary | ||||||
22 | evaluation of
hearing impairment must be made by an | ||||||
23 | otolaryngologist or an audiologist
with a certificate of | ||||||
24 | clinical competency.
| ||||||
25 | The only exception to the above is in the case of a person | ||||||
26 | with cerebral
palsy or epilepsy who, according to the |
| |||||||
| |||||||
1 | eligibility criteria listed below,
has multiple impairments | ||||||
2 | which are only physical and sensory. In such a
case, a | ||||||
3 | physician licensed to practice medicine in all its branches may
| ||||||
4 | serve as the examiner.
| ||||||
5 | (Source: P.A. 89-507, eff. 7-1-97 .)
| ||||||
6 | (405 ILCS 80/4-1) (from Ch. 91 1/2, par. 1804-1)
| ||||||
7 | Sec. 4-1.
The Department of Human Services (before January | ||||||
8 | 1, 2011) or the Department of Healthcare and Family Services | ||||||
9 | (on and after January 1, 2011) may provide access to home-based
| ||||||
10 | and community-based services for
mentally disabled children | ||||||
11 | and adults through the designation of local
screening and | ||||||
12 | assessment units and community support teams. The screening
and | ||||||
13 | assessment units shall provide comprehensive assessment; | ||||||
14 | develop
individual service plans; link the persons with mental | ||||||
15 | disabilities and
their families to community providers for | ||||||
16 | implementation of the plan; and
monitor the plan's | ||||||
17 | implementation for the time necessary to insure that the
plan | ||||||
18 | is appropriate and acceptable to the persons with mental | ||||||
19 | disabilities
and their families. The Department also will make | ||||||
20 | available community
support services in each local geographic | ||||||
21 | area for persons with severe
mental disabilities. Community | ||||||
22 | support teams will provide case management,
ongoing guidance | ||||||
23 | and assistance for mentally disabled persons; will offer
skills | ||||||
24 | training, crisis/behavioral intervention, client/family | ||||||
25 | support, and
access to medication management; and provide |
| |||||||
| |||||||
1 | individual client assistance to
access housing, financial | ||||||
2 | benefits, and employment-related services.
| ||||||
3 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
4 | (405 ILCS 80/5-1) (from Ch. 91 1/2, par. 1805-1)
| ||||||
5 | (Text of Section before amendment by P.A. 96-339 )
| ||||||
6 | Sec. 5-1.
As the mental health and developmental | ||||||
7 | disabilities or
mental retardation authority for the State of | ||||||
8 | Illinois, the Department
of Human Services shall
have the | ||||||
9 | authority to license, certify and prescribe standards
| ||||||
10 | governing the programs and services provided under this Act, as | ||||||
11 | well as all
other agencies or programs which provide home-based | ||||||
12 | or community-based
services to the mentally disabled, except | ||||||
13 | those services, programs or
agencies established under or | ||||||
14 | otherwise subject to the Child Care Act of
1969 or the Nursing | ||||||
15 | Home Care Act, as now or hereafter amended, and this
Act shall | ||||||
16 | not be construed to limit the application of those Acts.
| ||||||
17 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
18 | (Text of Section after amendment by P.A. 96-339 )
| ||||||
19 | Sec. 5-1.
As the mental health and developmental | ||||||
20 | disabilities or
mental retardation authority for the State of | ||||||
21 | Illinois, the Department
of Human Services (before January 1, | ||||||
22 | 2011) or the Department of Healthcare and Family Services (on | ||||||
23 | and after January 1, 2011) shall
have the authority to license, | ||||||
24 | certify and prescribe standards
governing the programs and |
| |||||||
| |||||||
1 | services provided under this Act, as well as all
other agencies | ||||||
2 | or programs which provide home-based or community-based
| ||||||
3 | services to the mentally disabled, except those services, | ||||||
4 | programs or
agencies established under or otherwise subject to | ||||||
5 | the Child Care Act of
1969 or the MR/DD Community Care Act, as | ||||||
6 | now or hereafter amended, and this
Act shall not be construed | ||||||
7 | to limit the application of those Acts.
| ||||||
8 | (Source: P.A. 96-339, eff. 7-1-10.)
| ||||||
9 | Section 1115. The Health Care Workplace Violence | ||||||
10 | Prevention Act is amended by changing Sections 10, 15, and 30 | ||||||
11 | as follows:
| ||||||
12 | (405 ILCS 90/10)
| ||||||
13 | Sec. 10. Definitions. In this Act: | ||||||
14 | "Department" means (i) the Department of Human Services, in | ||||||
15 | the case of a health care workplace that is operated or | ||||||
16 | regulated by the Department of Human Services, or (ii) the | ||||||
17 | Department of Public Health, in the case of a health care | ||||||
18 | workplace that is operated or regulated by the Department of | ||||||
19 | Public Health , or (iii) the Department of Healthcare and Family | ||||||
20 | Services, in the case of a health care workplace that is | ||||||
21 | operated or regulated by the Department of Healthcare and | ||||||
22 | Family Services . | ||||||
23 | "Director" means the Secretary of Human Services , or the | ||||||
24 | Director of Public Health, or the Director of Healthcare and |
| |||||||
| |||||||
1 | Family Services, as appropriate. | ||||||
2 | "Employee" means any individual who is employed on a | ||||||
3 | full-time, part-time, or contractual basis by a health care | ||||||
4 | workplace. | ||||||
5 | "Health care workplace" means a mental health facility or | ||||||
6 | developmental disability facility as defined in the Mental | ||||||
7 | Health and Developmental Disabilities Code, other than a | ||||||
8 | hospital or unit thereof licensed under the Hospital Licensing | ||||||
9 | Act or operated under the University of Illinois Hospital Act. | ||||||
10 | "Health care workplace" does not include, and shall not be | ||||||
11 | construed to include, any office of a physician licensed to | ||||||
12 | practice medicine in all its branches, an advanced practice | ||||||
13 | nurse, or a physician assistant, regardless of the form of such | ||||||
14 | office. | ||||||
15 | "Imminent danger" means a preliminary determination of | ||||||
16 | immediate, threatened, or impending risk of physical injury as | ||||||
17 | determined by the employee. | ||||||
18 | "Responsible agency" means the State agency that (i) | ||||||
19 | licenses, certifies, registers, or otherwise regulates or | ||||||
20 | exercises jurisdiction over a health care workplace or a health | ||||||
21 | care workplace's activities or (ii) contracts with a health | ||||||
22 | care workplace for the delivery of health care services.
| ||||||
23 | "Violence" or "violent act" means any act by a patient or | ||||||
24 | resident that causes or threatens to cause an injury to another | ||||||
25 | person.
| ||||||
26 | (Source: P.A. 94-347, eff. 7-28-05.)
|
| |||||||
| |||||||
1 | (405 ILCS 90/15)
| ||||||
2 | Sec. 15. Workplace violence plan. | ||||||
3 | (a) By July 1, 2007 (in the case of a health care workplace | ||||||
4 | participating in the pilot project under Section 35) or July 1, | ||||||
5 | 2008 (in the case of health care workplaces not participating | ||||||
6 | in the pilot project), every health care workplace must adopt | ||||||
7 | and implement a plan to reasonably prevent and protect | ||||||
8 | employees from violence at that setting. The plan must address | ||||||
9 | security considerations related to the following items, as | ||||||
10 | appropriate to the particular workplace, based on the hazards | ||||||
11 | identified in the assessment required under subsection (b):
| ||||||
12 | (1) The physical attributes of the health care | ||||||
13 | workplace. | ||||||
14 | (2) Staffing, including security staffing. | ||||||
15 | (3) Personnel policies. | ||||||
16 | (4) First aid and emergency procedures. | ||||||
17 | (5) The reporting of violent acts. | ||||||
18 | (6) Employee education and training.
| ||||||
19 | (b) Before adopting the plan required under subsection (a), | ||||||
20 | a health care workplace must conduct a security and safety | ||||||
21 | assessment to identify existing or potential hazards for | ||||||
22 | violence and determine the appropriate preventive action to be | ||||||
23 | taken. The assessment must include, but need not be limited to, | ||||||
24 | a measure of the frequency of, and an identification of the | ||||||
25 | causes for and consequences of, violent acts at the workplace |
| |||||||
| |||||||
1 | during at least the preceding 5 years or for the years for | ||||||
2 | which records are available.
| ||||||
3 | (c) In adopting the plan required by subsection (a), a | ||||||
4 | health care workplace may consider any guidelines on violence | ||||||
5 | in the workplace or in health care workplaces issued by the | ||||||
6 | Department of Public Health, the Department of Human Services, | ||||||
7 | the Department of Healthcare and Family Services, the federal | ||||||
8 | Occupational Safety and Health Administration, Medicare, and | ||||||
9 | health care workplace accrediting organizations.
| ||||||
10 | (d) It is the intent of the General Assembly that any | ||||||
11 | violence protection and prevention plan developed under this | ||||||
12 | Act be appropriate to the setting in which it is to be | ||||||
13 | implemented. To that end, the General Assembly recognizes that | ||||||
14 | not all health care services are provided in a facility or | ||||||
15 | other formal setting. Many health care services are provided in | ||||||
16 | other, less formal settings. The General Assembly finds that it | ||||||
17 | may be inappropriate and impractical for all health care | ||||||
18 | workplaces to address workplace violence in the same manner. | ||||||
19 | When enforcing this Act, the Department shall allow a health | ||||||
20 | care workplace sufficient flexibility in recognition of the | ||||||
21 | unique circumstances in which the health care workplace may | ||||||
22 | deliver services. | ||||||
23 | (e) Promptly after adopting a plan under subsection (a), a | ||||||
24 | health care workplace must file a copy of its plan with the | ||||||
25 | Department. The Department shall then forward a copy of the | ||||||
26 | plan to the appropriate responsible agency. |
| |||||||
| |||||||
1 | (f) A health care workplace must review its plan at least | ||||||
2 | once every 3 years and must report each such review to the | ||||||
3 | Department, together with any changes to the plan adopted by | ||||||
4 | the health care workplace. If a health care workplace does not | ||||||
5 | adopt any changes to its plan in response to such a review, it | ||||||
6 | must report that fact to the Department. A health care | ||||||
7 | workplace must promptly report to the Department all changes to | ||||||
8 | the health care workplace's plan, regardless of whether those | ||||||
9 | changes were adopted in response to a periodic review required | ||||||
10 | under this subsection. The Department shall then forward a copy | ||||||
11 | of the review report and changes, if any, to the appropriate | ||||||
12 | responsible agency. | ||||||
13 | (g) A health care workplace that is required to submit | ||||||
14 | written documentation of active safety and violence prevention | ||||||
15 | plans to comply with national accreditation standards shall be | ||||||
16 | deemed to be in compliance with subsections (a), (b), (c), and | ||||||
17 | (f) of this Section when the health care workplace forwards a | ||||||
18 | copy of that documentation to the Department.
| ||||||
19 | (Source: P.A. 94-347, eff. 7-28-05.)
| ||||||
20 | (405 ILCS 90/30)
| ||||||
21 | Sec. 30. Assistance in complying with Act. A health care | ||||||
22 | workplace that needs assistance in complying with this Act may | ||||||
23 | contact the federal Department of Labor for assistance. The | ||||||
24 | Illinois departments of Human Services , Healthcare and Family | ||||||
25 | Services, and Public Health shall collaborate with |
| |||||||
| |||||||
1 | representatives of health care workplaces to develop technical | ||||||
2 | assistance and training seminars on developing and | ||||||
3 | implementing a workplace violence plan as required under | ||||||
4 | Section 15. Those departments shall coordinate their | ||||||
5 | assistance to health care workplaces.
| ||||||
6 | (Source: P.A. 94-347, eff. 7-28-05.)
| ||||||
7 | Section 1120. The Perinatal Mental Health Disorders | ||||||
8 | Prevention and Treatment Act is amended by changing Section 15 | ||||||
9 | as follows:
| ||||||
10 | (405 ILCS 95/15)
| ||||||
11 | Sec. 15. Perinatal mental health disorders prevention and | ||||||
12 | treatment. The Department of Human Services, in conjunction | ||||||
13 | with the Department of Healthcare and Family Services (before | ||||||
14 | January 1, 2011) , the Department of Public Health, and the | ||||||
15 | Department of Financial and Professional Regulation and the | ||||||
16 | Medical Licensing Board, shall work with hospitals and licensed | ||||||
17 | health care professionals in this State to develop policies, | ||||||
18 | procedures, information, and educational materials to meet | ||||||
19 | each of the following requirements concerning perinatal mental | ||||||
20 | health disorders: | ||||||
21 | (1) Licensed health care professionals providing | ||||||
22 | prenatal care to women shall provide education to women | ||||||
23 | and, if possible and with permission, to their families | ||||||
24 | about perinatal mental health disorders in accordance with |
| |||||||
| |||||||
1 | the formal opinions and recommendations of the American | ||||||
2 | College of Obstetricians and Gynecologists. | ||||||
3 | (2) All hospitals that provide labor and delivery | ||||||
4 | services in the State shall provide new mothers, prior to | ||||||
5 | discharge following childbirth, and, if possible, shall | ||||||
6 | provide fathers and other family members with complete | ||||||
7 | information about perinatal mental health disorders, | ||||||
8 | including its symptoms, methods of coping with the illness, | ||||||
9 | and treatment resources. The Department of Human Services | ||||||
10 | shall provide written information that hospitals may use to | ||||||
11 | satisfy this subsection (2). | ||||||
12 | (3) Licensed health care professionals providing | ||||||
13 | prenatal care at a prenatal visit shall invite each | ||||||
14 | pregnant patient to complete a questionnaire and shall | ||||||
15 | review the completed questionnaire in accordance with the | ||||||
16 | formal opinions and recommendations of the American | ||||||
17 | College of Obstetricians and Gynecologists. Assessment for | ||||||
18 | perinatal mental health disorders must be repeated when, in | ||||||
19 | the professional judgment of the licensed health care | ||||||
20 | professional, a reasonable possibility exists that the | ||||||
21 | woman suffers from perinatal mental health disorders.
| ||||||
22 | (4) Licensed health care professionals providing | ||||||
23 | postnatal care to women shall invite each patient to | ||||||
24 | complete a questionnaire and shall review the completed | ||||||
25 | questionnaire in accordance with the formal opinions and | ||||||
26 | recommendations of the American College of Obstetricians |
| |||||||
| |||||||
1 | and Gynecologists. | ||||||
2 | (5) Licensed health care professionals providing | ||||||
3 | pediatric care to an infant shall invite the infant's | ||||||
4 | mother to complete a questionnaire at any well-baby | ||||||
5 | check-up at which the mother is present prior to the | ||||||
6 | infant's first birthday, and shall review the completed | ||||||
7 | questionnaire in accordance with the formal opinions and | ||||||
8 | recommendations of the American College of Obstetricians | ||||||
9 | and Gynecologists, in order to ensure that the health and | ||||||
10 | well-being of the infant are not compromised by an | ||||||
11 | undiagnosed perinatal mental health disorder in the | ||||||
12 | mother. In order to share results from an assessment with | ||||||
13 | the mother's primary licensed health care professional, | ||||||
14 | consent should be obtained from the mother in accordance | ||||||
15 | with the Illinois Health Insurance Portability and | ||||||
16 | Accountability Act. If the mother is determined to present | ||||||
17 | an acute danger to herself or someone else, consent is not | ||||||
18 | required.
| ||||||
19 | On and after January 1, 2011, the Department of Healthcare | ||||||
20 | and Family Services, in conjunction with the Department of | ||||||
21 | Human Services and the other entities and individuals named in | ||||||
22 | this Section, shall implement this Section. | ||||||
23 | (Source: P.A. 95-469, eff. 1-1-08.)
| ||||||
24 | Section 1125. The MRSA Prevention, Control, and Reporting | ||||||
25 | Act is amended by changing Section 5 as follows:
|
| |||||||
| |||||||
1 | (410 ILCS 120/5)
| ||||||
2 | Sec. 5. Definition. In this Act, "State residential
| ||||||
3 | facility" or "facility" means: any Department of Human Services | ||||||
4 | or Department of Healthcare and Family Services
operated | ||||||
5 | residential facility, including any State mental
health | ||||||
6 | hospital, State developmental center, or State
residential | ||||||
7 | school for the deaf and visually impaired; any
Department of | ||||||
8 | Corrections operated correctional center, work
camp or boot | ||||||
9 | camp; and any
Department of Juvenile Justice operated juvenile | ||||||
10 | center or boot
camp.
| ||||||
11 | (Source: P.A. 96-438, eff. 8-14-09.)
| ||||||
12 | Section 1130. The Firearm Owners Identification Card Act is | ||||||
13 | amended by changing Section 3.1 as follows:
| ||||||
14 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
15 | Sec. 3.1. Dial up system. | ||||||
16 | (a) The Department of State Police shall provide
a dial up | ||||||
17 | telephone system or utilize other existing technology which | ||||||
18 | shall be used by any federally licensed
firearm dealer, gun | ||||||
19 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
20 | stun gun, or taser under the provisions of this
Act. The | ||||||
21 | Department of State Police may utilize existing technology | ||||||
22 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
23 | Fees collected by the Department of
State Police shall be |
| |||||||
| |||||||
1 | deposited in the State Police Services Fund and used
to provide | ||||||
2 | the service.
| ||||||
3 | (b) Upon receiving a request from a federally licensed | ||||||
4 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
5 | Department of State Police shall immediately approve, or within | ||||||
6 | the time
period established by Section 24-3 of the Criminal | ||||||
7 | Code of 1961 regarding
the delivery of firearms, stun guns, and | ||||||
8 | tasers notify the inquiring dealer, gun show promoter, or gun | ||||||
9 | show vendor of any objection that
would disqualify the | ||||||
10 | transferee from acquiring or possessing a firearm, stun gun, or | ||||||
11 | taser. In
conducting the inquiry, the Department of State | ||||||
12 | Police shall initiate and
complete an automated search of its | ||||||
13 | criminal history record information
files and those of the | ||||||
14 | Federal Bureau of Investigation, including the
National | ||||||
15 | Instant Criminal Background Check System, and of the files of
| ||||||
16 | the Department of Human Services or the Department of | ||||||
17 | Healthcare and Family Services relating to mental health and
| ||||||
18 | developmental disabilities to obtain
any felony conviction or | ||||||
19 | patient hospitalization information which would
disqualify a | ||||||
20 | person from obtaining or require revocation of a currently
| ||||||
21 | valid Firearm Owner's Identification Card. | ||||||
22 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
23 | of the Criminal Code of 1961, federal law, or this Act the | ||||||
24 | Department of State Police shall: | ||||||
25 | (1) assign a unique identification number to the | ||||||
26 | transfer; and |
| |||||||
| |||||||
1 | (2) provide the licensee, gun show promoter, or gun | ||||||
2 | show vendor with the number. | ||||||
3 | (d) Approvals issued by the Department of State Police for | ||||||
4 | the purchase of a firearm are valid for 30 days from the date | ||||||
5 | of issue.
| ||||||
6 | (e) (1) The Department of State Police must act as the | ||||||
7 | Illinois Point of Contact
for the National Instant Criminal | ||||||
8 | Background Check System. | ||||||
9 | (2) The Department of State Police , and the Department of | ||||||
10 | Human Services , and the Department of Healthcare and Family | ||||||
11 | Services shall, in accordance with State and federal law | ||||||
12 | regarding confidentiality, enter into a memorandum of | ||||||
13 | understanding with the Federal Bureau of Investigation for the | ||||||
14 | purpose of implementing the National Instant Criminal | ||||||
15 | Background Check System in the State. The Department of State | ||||||
16 | Police shall report the name, date of birth, and physical | ||||||
17 | description of any person prohibited from possessing a firearm | ||||||
18 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
19 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
20 | Background Check System Index, Denied Persons Files.
| ||||||
21 | (f) The Department of State Police shall promulgate rules | ||||||
22 | not inconsistent with this Section to implement this
system.
| ||||||
23 | (Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331, | ||||||
24 | eff. 8-21-07; 95-564, eff. 6-1-08 .)
| ||||||
25 | Section 1135. The Juvenile Court Act of 1987 is amended by |
| |||||||
| |||||||
1 | changing Sections 1-7, 1-8, and 5-145 as follows:
| ||||||
2 | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| ||||||
3 | Sec. 1-7. Confidentiality of law enforcement records.
| ||||||
4 | (A) Inspection and copying of law enforcement records | ||||||
5 | maintained by law
enforcement agencies that relate to a minor | ||||||
6 | who has been arrested or taken
into custody before his or her | ||||||
7 | 17th birthday shall be restricted to the
following:
| ||||||
8 | (1) Any local, State or federal law enforcement | ||||||
9 | officers of any
jurisdiction or agency when necessary for | ||||||
10 | the discharge of their official
duties during the | ||||||
11 | investigation or prosecution of a crime or relating to a
| ||||||
12 | minor who has been adjudicated delinquent and there has | ||||||
13 | been a previous finding
that the act which constitutes the | ||||||
14 | previous offense was committed in
furtherance of criminal | ||||||
15 | activities by a criminal street gang, or, when necessary | ||||||
16 | for the discharge of its official duties in connection with | ||||||
17 | a particular investigation of the conduct of a law | ||||||
18 | enforcement officer, an independent agency or its staff | ||||||
19 | created by ordinance and charged by a unit of local | ||||||
20 | government with the duty of investigating the conduct of | ||||||
21 | law enforcement officers. For purposes of
this Section, | ||||||
22 | "criminal street gang" has the meaning ascribed to it in
| ||||||
23 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
24 | Prevention Act.
| ||||||
25 | (2) Prosecutors, probation officers, social workers, |
| |||||||
| |||||||
1 | or other
individuals assigned by the court to conduct a | ||||||
2 | pre-adjudication or
pre-disposition investigation, and | ||||||
3 | individuals responsible for supervising
or providing | ||||||
4 | temporary or permanent care and custody for minors pursuant | ||||||
5 | to
the order of the juvenile court, when essential to | ||||||
6 | performing their
responsibilities.
| ||||||
7 | (3) Prosecutors and probation officers:
| ||||||
8 | (a) in the course of a trial when institution of | ||||||
9 | criminal proceedings
has been permitted or required | ||||||
10 | under Section 5-805; or
| ||||||
11 | (b) when institution of criminal proceedings has | ||||||
12 | been permitted or required under Section 5-805 and such | ||||||
13 | minor is the
subject
of a proceeding to determine the | ||||||
14 | amount of bail; or
| ||||||
15 | (c) when criminal proceedings have been permitted
| ||||||
16 | or
required under Section 5-805 and such minor is the | ||||||
17 | subject of a
pre-trial
investigation, pre-sentence | ||||||
18 | investigation, fitness hearing, or proceedings
on an | ||||||
19 | application for probation.
| ||||||
20 | (4) Adult and Juvenile Prisoner Review Board.
| ||||||
21 | (5) Authorized military personnel.
| ||||||
22 | (6) Persons engaged in bona fide research, with the | ||||||
23 | permission of the
Presiding Judge of the Juvenile Court and | ||||||
24 | the chief executive of the respective
law enforcement | ||||||
25 | agency; provided that publication of such research results
| ||||||
26 | in no disclosure of a minor's identity and protects the |
| |||||||
| |||||||
1 | confidentiality
of the minor's record.
| ||||||
2 | (7) Department of Children and Family Services child | ||||||
3 | protection
investigators acting in their official | ||||||
4 | capacity.
| ||||||
5 | (8) The appropriate school official. Inspection and | ||||||
6 | copying
shall be limited to law enforcement records | ||||||
7 | transmitted to the appropriate
school official by a local | ||||||
8 | law enforcement agency under a reciprocal reporting
system | ||||||
9 | established and maintained between the school district and | ||||||
10 | the local law
enforcement agency under Section 10-20.14 of | ||||||
11 | the School Code concerning a minor
enrolled in a school | ||||||
12 | within the school district who has been arrested or taken
| ||||||
13 | into custody for any of the following offenses:
| ||||||
14 | (i) unlawful use of weapons under Section 24-1 of | ||||||
15 | the Criminal Code of
1961;
| ||||||
16 | (ii) a violation of the Illinois Controlled | ||||||
17 | Substances Act;
| ||||||
18 | (iii) a violation of the Cannabis Control Act;
| ||||||
19 | (iv) a forcible felony as defined in Section 2-8 of | ||||||
20 | the Criminal Code
of 1961; or | ||||||
21 | (v) a violation of the Methamphetamine Control and | ||||||
22 | Community Protection Act.
| ||||||
23 | (9) Mental health professionals on behalf of the | ||||||
24 | Illinois Department of
Corrections , or the Department of | ||||||
25 | Human Services , the Department of Healthcare and Family | ||||||
26 | Services, or prosecutors who are
evaluating, prosecuting, |
| |||||||
| |||||||
1 | or investigating a potential or actual petition
brought
| ||||||
2 | under the Sexually Violent Persons Commitment Act relating | ||||||
3 | to a person who is
the
subject of juvenile law enforcement | ||||||
4 | records or the respondent to a petition
brought under the | ||||||
5 | Sexually Violent Persons Commitment Act who is the subject | ||||||
6 | of
the
juvenile law enforcement records sought.
Any records | ||||||
7 | and any information obtained from those records under this
| ||||||
8 | paragraph (9) may be used only in sexually violent persons | ||||||
9 | commitment
proceedings.
| ||||||
10 | (B) (1) Except as provided in paragraph (2), no law | ||||||
11 | enforcement
officer or other person or agency may knowingly | ||||||
12 | transmit to the Department of
Corrections, Adult Division | ||||||
13 | or the Department of State Police or to the Federal
Bureau | ||||||
14 | of Investigation any fingerprint or photograph relating to | ||||||
15 | a minor who
has been arrested or taken into custody before | ||||||
16 | his or her 17th birthday,
unless the court in proceedings | ||||||
17 | under this Act authorizes the transmission or
enters an | ||||||
18 | order under Section 5-805 permitting or requiring the
| ||||||
19 | institution of
criminal proceedings.
| ||||||
20 | (2) Law enforcement officers or other persons or | ||||||
21 | agencies shall transmit
to the Department of State Police | ||||||
22 | copies of fingerprints and descriptions
of all minors who | ||||||
23 | have been arrested or taken into custody before their
17th | ||||||
24 | birthday for the offense of unlawful use of weapons under | ||||||
25 | Article 24 of
the Criminal Code of 1961, a Class X or Class | ||||||
26 | 1 felony, a forcible felony as
defined in Section 2-8 of |
| |||||||
| |||||||
1 | the Criminal Code of 1961, or a Class 2 or greater
felony | ||||||
2 | under the Cannabis Control Act, the Illinois Controlled | ||||||
3 | Substances Act, the Methamphetamine Control and Community | ||||||
4 | Protection Act,
or Chapter 4 of the Illinois Vehicle Code, | ||||||
5 | pursuant to Section 5 of the
Criminal Identification Act. | ||||||
6 | Information reported to the Department pursuant
to this | ||||||
7 | Section may be maintained with records that the Department | ||||||
8 | files
pursuant to Section 2.1 of the Criminal | ||||||
9 | Identification Act. Nothing in this
Act prohibits a law | ||||||
10 | enforcement agency from fingerprinting a minor taken into
| ||||||
11 | custody or arrested before his or her 17th birthday for an | ||||||
12 | offense other than
those listed in this paragraph (2).
| ||||||
13 | (C) The records of law enforcement officers, or of an | ||||||
14 | independent agency created by ordinance and charged by a unit | ||||||
15 | of local government with the duty of investigating the conduct | ||||||
16 | of law enforcement officers, concerning all minors under
17 | ||||||
17 | years of age must be maintained separate from the records of | ||||||
18 | arrests and
may not be open to public inspection or their | ||||||
19 | contents disclosed to the
public except by order of the court | ||||||
20 | presiding over matters pursuant to this Act or when the | ||||||
21 | institution of criminal
proceedings has been permitted or | ||||||
22 | required under Section
5-805 or such a person has been | ||||||
23 | convicted of a crime and is the
subject of
pre-sentence | ||||||
24 | investigation or proceedings on an application for probation
or | ||||||
25 | when provided by law. For purposes of obtaining documents | ||||||
26 | pursuant to this Section, a civil subpoena is not an order of |
| |||||||
| |||||||
1 | the court. | ||||||
2 | (1) In cases where the law enforcement, or independent | ||||||
3 | agency, records concern a pending juvenile court case, the | ||||||
4 | party seeking to inspect the records shall provide actual | ||||||
5 | notice to the attorney or guardian ad litem of the minor | ||||||
6 | whose records are sought. | ||||||
7 | (2) In cases where the records concern a juvenile court | ||||||
8 | case that is no longer pending, the party seeking to | ||||||
9 | inspect the records shall provide actual notice to the | ||||||
10 | minor or the minor's parent or legal guardian, and the | ||||||
11 | matter shall be referred to the chief judge presiding over | ||||||
12 | matters pursuant to this Act. | ||||||
13 | (3) In determining whether the records should be | ||||||
14 | available for inspection, the court shall consider the | ||||||
15 | minor's interest in confidentiality and rehabilitation | ||||||
16 | over the moving party's interest in obtaining the | ||||||
17 | information. Any records obtained in violation of this | ||||||
18 | subsection (C) shall not be admissible in any criminal or | ||||||
19 | civil proceeding, or operate to disqualify a minor from | ||||||
20 | subsequently holding public office or securing employment, | ||||||
21 | or operate as a forfeiture of any public benefit, right, | ||||||
22 | privilege, or right to receive any license granted by | ||||||
23 | public authority.
| ||||||
24 | (D) Nothing contained in subsection (C) of this Section | ||||||
25 | shall prohibit
the inspection or disclosure to victims and | ||||||
26 | witnesses of photographs
contained in the records of law |
| |||||||
| |||||||
1 | enforcement agencies when the
inspection and disclosure is | ||||||
2 | conducted in the presence of a law enforcement
officer for the | ||||||
3 | purpose of the identification or apprehension of any person
| ||||||
4 | subject to the provisions of this Act or for the investigation | ||||||
5 | or
prosecution of any crime.
| ||||||
6 | (E) Law enforcement officers, and personnel of an | ||||||
7 | independent agency created by ordinance and charged by a unit | ||||||
8 | of local government with the duty of investigating the conduct | ||||||
9 | of law enforcement officers, may not disclose the identity of | ||||||
10 | any minor
in releasing information to the general public as to | ||||||
11 | the arrest, investigation
or disposition of any case involving | ||||||
12 | a minor.
| ||||||
13 | (F) Nothing contained in this Section shall prohibit law | ||||||
14 | enforcement
agencies from communicating with each other by | ||||||
15 | letter, memorandum, teletype or
intelligence alert bulletin or | ||||||
16 | other means the identity or other relevant
information | ||||||
17 | pertaining to a person under 17 years of age if there are
| ||||||
18 | reasonable grounds to believe that the person poses a real and | ||||||
19 | present danger
to the safety of the public or law enforcement | ||||||
20 | officers. The information
provided under this subsection (F) | ||||||
21 | shall remain confidential and shall not
be publicly disclosed, | ||||||
22 | except as otherwise allowed by law.
| ||||||
23 | (G) Nothing in this Section shall prohibit the right of a | ||||||
24 | Civil Service
Commission or appointing authority of any state, | ||||||
25 | county or municipality
examining the character and fitness of | ||||||
26 | an applicant for employment with a law
enforcement agency, |
| |||||||
| |||||||
1 | correctional institution, or fire department
from obtaining | ||||||
2 | and examining the
records of any law enforcement agency | ||||||
3 | relating to any record of the applicant
having been arrested or | ||||||
4 | taken into custody before the applicant's 17th
birthday.
| ||||||
5 | (Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)
| ||||||
6 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||||||
7 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
8 | court records.
| ||||||
9 | (A) Inspection and copying of juvenile court records | ||||||
10 | relating to a minor
who is the subject of a proceeding under | ||||||
11 | this Act shall be restricted to the
following:
| ||||||
12 | (1) The minor who is the subject of record, his | ||||||
13 | parents, guardian
and counsel.
| ||||||
14 | (2) Law enforcement officers and law enforcement | ||||||
15 | agencies when such
information is essential to executing an | ||||||
16 | arrest or search warrant or other
compulsory process, or to | ||||||
17 | conducting an ongoing investigation
or relating to a minor | ||||||
18 | who
has been adjudicated delinquent and there has been a | ||||||
19 | previous finding that
the act which constitutes the | ||||||
20 | previous offense was committed in furtherance
of criminal | ||||||
21 | activities by a criminal street gang.
| ||||||
22 | Before July 1, 1994, for the purposes of this Section, | ||||||
23 | "criminal street
gang" means any ongoing
organization, | ||||||
24 | association, or group of 3 or more persons, whether formal | ||||||
25 | or
informal, having as one of its primary activities the |
| |||||||
| |||||||
1 | commission of one or
more criminal acts and that has a | ||||||
2 | common name or common identifying sign,
symbol or specific | ||||||
3 | color apparel displayed, and whose members individually
or | ||||||
4 | collectively engage in or have engaged in a pattern of | ||||||
5 | criminal activity.
| ||||||
6 | Beginning July 1, 1994, for purposes of this Section, | ||||||
7 | "criminal street
gang" has the meaning ascribed to it in | ||||||
8 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
9 | Prevention Act.
| ||||||
10 | (3) Judges, hearing officers, prosecutors, probation | ||||||
11 | officers, social
workers or other
individuals assigned by | ||||||
12 | the court to conduct a pre-adjudication or
predisposition | ||||||
13 | investigation, and individuals responsible for supervising
| ||||||
14 | or providing temporary or permanent care and custody for | ||||||
15 | minors pursuant
to the order of the juvenile court when | ||||||
16 | essential to performing their
responsibilities.
| ||||||
17 | (4) Judges, prosecutors and probation officers:
| ||||||
18 | (a) in the course of a trial when institution of | ||||||
19 | criminal proceedings
has been permitted or required | ||||||
20 | under Section 5-805; or
| ||||||
21 | (b) when criminal proceedings have been permitted
| ||||||
22 | or
required under Section 5-805 and a minor is the | ||||||
23 | subject of a
proceeding to
determine the amount of | ||||||
24 | bail; or
| ||||||
25 | (c) when criminal proceedings have been permitted
| ||||||
26 | or
required under Section 5-805 and a minor is the |
| |||||||
| |||||||
1 | subject of a
pre-trial
investigation, pre-sentence | ||||||
2 | investigation or fitness hearing, or
proceedings on an | ||||||
3 | application for probation; or
| ||||||
4 | (d) when a minor becomes 17 years of age or older, | ||||||
5 | and is the subject
of criminal proceedings, including a | ||||||
6 | hearing to determine the amount of
bail, a pre-trial | ||||||
7 | investigation, a pre-sentence investigation, a fitness
| ||||||
8 | hearing, or proceedings on an application for | ||||||
9 | probation.
| ||||||
10 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
11 | (6) Authorized military personnel.
| ||||||
12 | (7) Victims, their subrogees and legal | ||||||
13 | representatives; however, such
persons shall have access | ||||||
14 | only to the name and address of the minor and
information | ||||||
15 | pertaining to the disposition or alternative adjustment | ||||||
16 | plan
of the juvenile court.
| ||||||
17 | (8) Persons engaged in bona fide research, with the | ||||||
18 | permission of the
presiding judge of the juvenile court and | ||||||
19 | the chief executive of the agency
that prepared the | ||||||
20 | particular records; provided that publication of such
| ||||||
21 | research results in no disclosure of a minor's identity and | ||||||
22 | protects the
confidentiality of the record.
| ||||||
23 | (9) The Secretary of State to whom the Clerk of the | ||||||
24 | Court shall report
the disposition of all cases, as | ||||||
25 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
26 | However, information reported relative to these offenses |
| |||||||
| |||||||
1 | shall
be privileged and available only to the Secretary of | ||||||
2 | State, courts, and police
officers.
| ||||||
3 | (10) The administrator of a bonafide substance abuse | ||||||
4 | student
assistance program with the permission of the | ||||||
5 | presiding judge of the
juvenile court.
| ||||||
6 | (11) Mental health professionals on behalf of the | ||||||
7 | Illinois Department of
Corrections , or the Department of | ||||||
8 | Human Services , the Department of Healthcare and Family | ||||||
9 | Services, or prosecutors who are
evaluating, prosecuting, | ||||||
10 | or investigating a potential or actual petition
brought
| ||||||
11 | under the Sexually Persons Commitment Act relating to a | ||||||
12 | person who is the
subject of
juvenile court records or the | ||||||
13 | respondent to a petition brought under
the
Sexually Violent | ||||||
14 | Persons Commitment Act, who is the subject of juvenile
| ||||||
15 | court records
sought. Any records and any information | ||||||
16 | obtained from those records under this
paragraph (11) may | ||||||
17 | be used only in sexually violent persons commitment
| ||||||
18 | proceedings.
| ||||||
19 | (A-1) Findings and exclusions of paternity entered in | ||||||
20 | proceedings occurring under Article II of this Act shall be | ||||||
21 | disclosed, in a manner and form approved by the Presiding Judge | ||||||
22 | of the Juvenile Court, to the Department of Healthcare and | ||||||
23 | Family Services when necessary to discharge the duties of the | ||||||
24 | Department of Healthcare and Family Services under Article X of | ||||||
25 | the Illinois Public Aid Code. | ||||||
26 | (B) A minor who is the victim in a juvenile proceeding |
| |||||||
| |||||||
1 | shall be
provided the same confidentiality regarding | ||||||
2 | disclosure of identity as the
minor who is the subject of | ||||||
3 | record.
| ||||||
4 | (C) Except as otherwise provided in this subsection (C), | ||||||
5 | juvenile court
records shall not be made available to the | ||||||
6 | general public
but may be inspected by representatives of | ||||||
7 | agencies, associations and news
media or other properly | ||||||
8 | interested persons by general or special order of
the court | ||||||
9 | presiding over matters pursuant to this Act. | ||||||
10 | (0.1) In cases where the records concern a pending | ||||||
11 | juvenile court case, the party seeking to inspect the | ||||||
12 | juvenile court records shall provide actual notice to the | ||||||
13 | attorney or guardian ad litem of the minor whose records | ||||||
14 | are sought. | ||||||
15 | (0.2) In cases where the records concern a juvenile | ||||||
16 | court case that is no longer pending, the party seeking to | ||||||
17 | inspect the juvenile court records shall provide actual | ||||||
18 | notice to the minor or the minor's parent or legal | ||||||
19 | guardian, and the matter shall be referred to the chief | ||||||
20 | judge presiding over matters pursuant to this Act. | ||||||
21 | (0.3) In determining whether the records should be | ||||||
22 | available for inspection, the court shall consider the | ||||||
23 | minor's interest in confidentiality and rehabilitation | ||||||
24 | over the moving party's interest in obtaining the | ||||||
25 | information. The State's Attorney, the minor, and the | ||||||
26 | minor's parents, guardian, and counsel shall at all times |
| |||||||
| |||||||
1 | have the right to examine court files and records. For | ||||||
2 | purposes of obtaining documents pursuant to this Section, a | ||||||
3 | civil subpoena is not an order of the court. | ||||||
4 | (0.4) Any records obtained in violation of this | ||||||
5 | subsection (C) shall not be admissible in any criminal or | ||||||
6 | civil proceeding, or operate to disqualify a minor from | ||||||
7 | subsequently holding public office, or operate as a | ||||||
8 | forfeiture of any public benefit, right, privilege, or | ||||||
9 | right to receive any license granted by public authority.
| ||||||
10 | (1) The
court shall allow the general public to have | ||||||
11 | access to the name, address, and offense of a minor
who is | ||||||
12 | adjudicated a delinquent minor under this Act under either | ||||||
13 | of the
following circumstances:
| ||||||
14 | (A) The
adjudication of
delinquency was based upon | ||||||
15 | the
minor's
commission of first degree murder, attempt | ||||||
16 | to commit first degree
murder, aggravated criminal | ||||||
17 | sexual assault, or criminal sexual assault; or
| ||||||
18 | (B) The court has made a finding that the minor was | ||||||
19 | at least 13 years of
age
at the time the act was | ||||||
20 | committed and the adjudication of delinquency was | ||||||
21 | based
upon the minor's commission of: (i)
an act in | ||||||
22 | furtherance of the commission of a felony as a member | ||||||
23 | of or on
behalf of a criminal street
gang, (ii) an act | ||||||
24 | involving the use of a firearm in the commission of a
| ||||||
25 | felony, (iii) an act that would be a Class X felony | ||||||
26 | offense
under or
the minor's second or subsequent
Class |
| |||||||
| |||||||
1 | 2 or greater felony offense under the Cannabis Control | ||||||
2 | Act if committed by an adult,
(iv) an act that would be | ||||||
3 | a second or subsequent offense under Section 402 of
the | ||||||
4 | Illinois Controlled Substances Act if committed by an | ||||||
5 | adult, (v) an act
that would be an offense under | ||||||
6 | Section 401 of the Illinois Controlled
Substances Act | ||||||
7 | if committed by an adult, (vi) an act that would be a | ||||||
8 | second or subsequent offense under Section 60 of the | ||||||
9 | Methamphetamine Control and Community Protection Act, | ||||||
10 | or (vii) an act that would be an offense under another | ||||||
11 | Section of the Methamphetamine Control and Community | ||||||
12 | Protection Act.
| ||||||
13 | (2) The court
shall allow the general public to have | ||||||
14 | access to the name, address, and offense of a minor who is | ||||||
15 | at least 13 years of age at
the time the offense
is | ||||||
16 | committed and who is convicted, in criminal proceedings
| ||||||
17 | permitted or required under Section 5-4, under either of | ||||||
18 | the following
circumstances:
| ||||||
19 | (A) The minor has been convicted of first degree | ||||||
20 | murder, attempt
to commit first degree
murder, | ||||||
21 | aggravated criminal sexual
assault, or criminal sexual | ||||||
22 | assault,
| ||||||
23 | (B) The court has made a finding that the minor was | ||||||
24 | at least 13 years
of age
at the time the offense was | ||||||
25 | committed and the conviction was based upon the
minor's | ||||||
26 | commission of: (i)
an offense in
furtherance of the |
| |||||||
| |||||||
1 | commission of a felony as a member of or on behalf of a
| ||||||
2 | criminal street gang, (ii) an offense
involving the use | ||||||
3 | of a firearm in the commission of a felony, (iii)
a | ||||||
4 | Class X felony offense under or a second or subsequent | ||||||
5 | Class 2 or
greater felony offense under the Cannabis | ||||||
6 | Control Act, (iv) a
second or subsequent offense under | ||||||
7 | Section 402 of the Illinois
Controlled Substances Act, | ||||||
8 | (v) an offense under Section 401 of the Illinois
| ||||||
9 | Controlled Substances Act, (vi) an act that would be a | ||||||
10 | second or subsequent offense under Section 60 of the | ||||||
11 | Methamphetamine Control and Community Protection Act, | ||||||
12 | or (vii) an act that would be an offense under another | ||||||
13 | Section of the Methamphetamine Control and Community | ||||||
14 | Protection Act.
| ||||||
15 | (D) Pending or following any adjudication of delinquency | ||||||
16 | for
any offense defined
in Sections 12-13 through 12-16 of the | ||||||
17 | Criminal Code of 1961,
the victim of any such offense shall | ||||||
18 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
19 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
20 | juvenile who is the subject of the adjudication, | ||||||
21 | notwithstanding any other
provision of this Act, shall be | ||||||
22 | treated
as an adult for the purpose of affording such rights to | ||||||
23 | the victim.
| ||||||
24 | (E) Nothing in this Section shall affect the right of a | ||||||
25 | Civil Service
Commission or appointing authority of any state, | ||||||
26 | county or municipality
examining the character and fitness of
|
| |||||||
| |||||||
1 | an applicant for employment with a law enforcement
agency, | ||||||
2 | correctional institution, or fire department to
ascertain
| ||||||
3 | whether that applicant was ever adjudicated to be a delinquent | ||||||
4 | minor and,
if so, to examine the records of disposition or | ||||||
5 | evidence which were made in
proceedings under this Act.
| ||||||
6 | (F) Following any adjudication of delinquency for a crime | ||||||
7 | which would be
a felony if committed by an adult, or following | ||||||
8 | any adjudication of delinquency
for a violation of Section | ||||||
9 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the | ||||||
10 | State's Attorney shall ascertain
whether the minor respondent | ||||||
11 | is enrolled in school and, if so, shall provide
a copy of the | ||||||
12 | dispositional order to the principal or chief administrative
| ||||||
13 | officer of the school. Access to such juvenile records shall be | ||||||
14 | limited
to the principal or chief administrative officer of the | ||||||
15 | school and any guidance
counselor designated by him.
| ||||||
16 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
17 | disclosure of information or records relating or pertaining to | ||||||
18 | juveniles
subject to the provisions of the Serious Habitual | ||||||
19 | Offender Comprehensive
Action Program when that information is | ||||||
20 | used to assist in the early
identification and treatment of | ||||||
21 | habitual juvenile offenders.
| ||||||
22 | (H) When a Court hearing a proceeding under Article II of | ||||||
23 | this Act becomes
aware that an earlier proceeding under Article | ||||||
24 | II had been heard in a different
county, that Court shall | ||||||
25 | request, and the Court in which the earlier
proceedings were | ||||||
26 | initiated shall transmit, an authenticated copy of the Court
|
| |||||||
| |||||||
1 | record, including all documents, petitions, and orders filed | ||||||
2 | therein and the
minute orders, transcript of proceedings, and | ||||||
3 | docket entries of the Court.
| ||||||
4 | (I) The Clerk of the Circuit Court shall report to the | ||||||
5 | Department of
State
Police, in the form and manner required by | ||||||
6 | the Department of State Police, the
final disposition of each | ||||||
7 | minor who has been arrested or taken into custody
before his or | ||||||
8 | her 17th birthday for those offenses required to be reported
| ||||||
9 | under Section 5 of the Criminal Identification Act. Information | ||||||
10 | reported to
the Department under this Section may be maintained | ||||||
11 | with records that the
Department files under Section 2.1 of the | ||||||
12 | Criminal Identification Act.
| ||||||
13 | (Source: P.A. 95-123, eff. 8-13-07; 96-212, eff. 8-10-09.)
| ||||||
14 | (705 ILCS 405/5-145)
| ||||||
15 | Sec. 5-145.
Cooperation of agencies; Serious Habitual | ||||||
16 | Offender
Comprehensive Action Program.
| ||||||
17 | (a) The Serious Habitual Offender Comprehensive Action | ||||||
18 | Program (SHOCAP)
is a multi-disciplinary interagency case | ||||||
19 | management and information sharing
system that enables the | ||||||
20 | juvenile justice system, schools, and social
service agencies | ||||||
21 | to make more informed decisions regarding a small number
of | ||||||
22 | juveniles who repeatedly commit serious delinquent acts.
| ||||||
23 | (b) Each county in the State of Illinois, other than Cook | ||||||
24 | County, may
establish a
multi-disciplinary agency (SHOCAP) | ||||||
25 | committee. In Cook County, each
subcircuit or group of |
| |||||||
| |||||||
1 | subcircuits may establish a multi-disciplinary agency
(SHOCAP) | ||||||
2 | committee. The committee shall consist
of representatives from | ||||||
3 | the following agencies: local law enforcement, area
school | ||||||
4 | district, state's attorney's office, and court services | ||||||
5 | (probation).
| ||||||
6 | The chairman may appoint additional members to the | ||||||
7 | committee as deemed
appropriate to accomplish the goals of this | ||||||
8 | program, including, but not
limited to, representatives from | ||||||
9 | the juvenile detention center, mental
health, the Illinois | ||||||
10 | Department of Children and Family Services, the Department of
| ||||||
11 | Human Services , the Department of Healthcare and Family | ||||||
12 | Services, and
community representatives at large.
| ||||||
13 | (c) The SHOCAP committee shall adopt, by a majority of the | ||||||
14 | members:
| ||||||
15 | (1) criteria that will identify those who qualify as a | ||||||
16 | serious
habitual juvenile offender; and
| ||||||
17 | (2) a written interagency information sharing | ||||||
18 | agreement to be signed
by the chief executive officer of | ||||||
19 | each of the agencies represented on the
committee. The | ||||||
20 | interagency information sharing agreement shall include a
| ||||||
21 | provision that requires that all records pertaining to a | ||||||
22 | serious habitual
offender (SHO) shall be confidential. | ||||||
23 | Disclosure of information may be
made to other staff from | ||||||
24 | member agencies as authorized by the SHOCAP
committee for | ||||||
25 | the furtherance of case management and tracking of the SHO.
| ||||||
26 | Staff from the member agencies who receive this information |
| |||||||
| |||||||
1 | shall be
governed by the confidentiality provisions of this | ||||||
2 | Act. The staff from the
member agencies who will qualify to | ||||||
3 | have access to the SHOCAP information
must be limited to | ||||||
4 | those individuals who provide direct services to the SHO
or | ||||||
5 | who provide supervision of the SHO.
| ||||||
6 | (d) The Chief Juvenile Circuit Judge, or the Chief Circuit | ||||||
7 | Judge, or his
or her designee, may issue a comprehensive | ||||||
8 | information sharing court order.
The
court order shall allow | ||||||
9 | agencies who are represented on the SHOCAP
committee and whose | ||||||
10 | chief executive officer has signed the interagency
information | ||||||
11 | sharing agreement to provide and disclose information to the | ||||||
12 | SHOCAP
committee. The sharing of information will ensure the | ||||||
13 | coordination and
cooperation of all agencies represented in | ||||||
14 | providing case management and
enhancing the effectiveness of | ||||||
15 | the SHOCAP efforts.
| ||||||
16 | (e) Any person or agency who is participating in good faith | ||||||
17 | in the
sharing of SHOCAP information under this Act shall have | ||||||
18 | immunity from any
liability, civil, criminal, or otherwise, | ||||||
19 | that might result by reason of the
type of information | ||||||
20 | exchanged. For the purpose of any proceedings, civil
or | ||||||
21 | criminal, the good faith of any person or agency permitted to | ||||||
22 | share
SHOCAP information under this Act shall be presumed.
| ||||||
23 | (f) All reports concerning SHOCAP clients made available to | ||||||
24 | members of
the SHOCAP committee and all records generated from | ||||||
25 | these reports shall be
confidential and shall not be disclosed, | ||||||
26 | except as specifically authorized
by this Act or other |
| |||||||
| |||||||
1 | applicable law. It is a Class A misdemeanor to
permit, assist, | ||||||
2 | or encourage the unauthorized release of any information
| ||||||
3 | contained in SHOCAP reports or records.
| ||||||
4 | (Source: P.A. 90-590, eff. 1-1-99.)
| ||||||
5 | Section 1140. The Criminal Code of 1961 is amended by | ||||||
6 | changing Section 10-9, 11-9.2, 11-9.5, 11-14.2, 12-4, and 31-6 | ||||||
7 | as follows:
| ||||||
8 | (720 ILCS 5/10-9) | ||||||
9 | Sec. 10-9. Trafficking in persons, involuntary servitude, | ||||||
10 | and related offenses. | ||||||
11 | (a) Definitions. In this Section: | ||||||
12 | (1) "Intimidation" has the meaning prescribed in | ||||||
13 | Section 12-6. | ||||||
14 | (2) "Commercial sexual activity" means any sex act on | ||||||
15 | account of which anything of value is given, promised to, | ||||||
16 | or received by any person.
| ||||||
17 | (3) "Financial harm" includes intimidation that brings | ||||||
18 | about financial loss, criminal usury, or employment | ||||||
19 | contracts that violate the Frauds Act. | ||||||
20 | (4) "Forced labor or services" means labor or services | ||||||
21 | that are performed or provided by another person and are | ||||||
22 | obtained or maintained through: | ||||||
23 | (A) any scheme, plan, or pattern intending to cause | ||||||
24 | or threatening to cause serious harm to any person; |
| |||||||
| |||||||
1 | (B) an actor's physically restraining or | ||||||
2 | threatening to physically restrain another person; | ||||||
3 | (C) an actor's abusing or threatening to abuse the | ||||||
4 | law or legal process; | ||||||
5 | (D) an actor's knowingly destroying, concealing, | ||||||
6 | removing, confiscating, or possessing any actual or | ||||||
7 | purported passport or other immigration document, or | ||||||
8 | any other actual or purported government | ||||||
9 | identification document, of another person; | ||||||
10 | (E) an actor's blackmail; or | ||||||
11 | (F) an actor's causing or threatening to cause | ||||||
12 | financial harm to or exerting financial control over | ||||||
13 | any person.
| ||||||
14 | (5) "Labor" means work of economic or financial value. | ||||||
15 | (6) "Maintain" means, in relation to labor or services, | ||||||
16 | to secure continued performance thereof, regardless of any | ||||||
17 | initial agreement on the part of the victim to perform that | ||||||
18 | type of service. | ||||||
19 | (7) "Obtain" means, in relation to labor or services, | ||||||
20 | to secure performance thereof. | ||||||
21 | (8) "Services" means activities resulting from a | ||||||
22 | relationship between a person and the actor in which the | ||||||
23 | person performs activities under the supervision of or for | ||||||
24 | the benefit of the actor. Commercial sexual activity and | ||||||
25 | sexually-explicit performances are forms of activities | ||||||
26 | that are "services" under this Section. Nothing in this |
| |||||||
| |||||||
1 | definition may be construed to legitimize or legalize | ||||||
2 | prostitution. | ||||||
3 | (9) "Sexually-explicit performance" means a live, | ||||||
4 | recorded, broadcast (including over the Internet), or | ||||||
5 | public act or show intended to arouse or satisfy the sexual | ||||||
6 | desires or appeal to the prurient interests of patrons. | ||||||
7 | (10) "Trafficking victim" means a person subjected to | ||||||
8 | the practices set forth in subsection (b), (c), or (d). | ||||||
9 | (b) Involuntary servitude. A person commits the offense of | ||||||
10 | involuntary servitude when he or she knowingly subjects, | ||||||
11 | attempts to subject, or engages in a conspiracy to subject | ||||||
12 | another person to forced labor or services and: | ||||||
13 | (1) causes or threatens to cause physical harm to any | ||||||
14 | person; | ||||||
15 | (2) physically restrains or threatens to physically | ||||||
16 | restrain another person; | ||||||
17 | (3) abuses or threatens to abuse the law or legal | ||||||
18 | process; | ||||||
19 | (4) knowingly destroys, conceals, removes, | ||||||
20 | confiscates, or possesses any actual or purported passport | ||||||
21 | or other immigration document, or any other actual or | ||||||
22 | purported government identification document, of another | ||||||
23 | person; or | ||||||
24 | (5) uses intimidation, or uses or threatens to cause | ||||||
25 | financial harm to or exerts financial control over any | ||||||
26 | person. |
| |||||||
| |||||||
1 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
2 | (f), a violation of subsection (b)(1) is a Class X felony, | ||||||
3 | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | ||||||
4 | is a Class 3 felony, and (b)(5) is a Class 4 felony. | ||||||
5 | (c) Involuntary sexual servitude of a minor. A person | ||||||
6 | commits the offense of involuntary sexual servitude of a minor | ||||||
7 | when he or she knowingly recruits, entices, harbors, | ||||||
8 | transports, provides, or obtains by any means, or attempts to | ||||||
9 | recruit, entice, harbor, provide, or obtain by any means, | ||||||
10 | another person under 18 years of age, knowing that the minor | ||||||
11 | will engage in commercial sexual activity, a sexually-explicit | ||||||
12 | performance, or the production of pornography, or causes or | ||||||
13 | attempts to cause a minor to engage in one or more of those | ||||||
14 | activities and: | ||||||
15 | (1) there is no overt force or threat and the minor is | ||||||
16 | between the ages of 17 and 18 years; | ||||||
17 | (2) there is no overt force or threat and the minor is | ||||||
18 | under the age of 17 years; or | ||||||
19 | (3) there is overt force or threat. | ||||||
20 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
21 | (f), a violation of subsection (c)(1) is a Class 1 felony, | ||||||
22 | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. | ||||||
23 | (d) Trafficking in persons for forced labor or services. A | ||||||
24 | person commits the offense of trafficking in persons for forced | ||||||
25 | labor or services when he or she knowingly: (1) recruits, | ||||||
26 | entices, harbors, transports, provides, or obtains by any |
| |||||||
| |||||||
1 | means, or attempts to recruit, entice, harbor, transport, | ||||||
2 | provide, or obtain by any means, another person, intending or | ||||||
3 | knowing that the person will be subjected to forced labor or | ||||||
4 | services; or (2) benefits, financially or by receiving anything | ||||||
5 | of value, from participation in a venture that has engaged in | ||||||
6 | an act of involuntary servitude or involuntary sexual servitude | ||||||
7 | of a minor. | ||||||
8 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
9 | (f), a violation of this subsection is a Class 1 felony. | ||||||
10 | (e) Aggravating factors. A violation of this Section | ||||||
11 | involving kidnapping or an attempt to kidnap, aggravated | ||||||
12 | criminal sexual assault or an attempt to commit aggravated | ||||||
13 | criminal sexual assault, or an attempt to commit first degree | ||||||
14 | murder is a Class X felony. | ||||||
15 | (f) Sentencing considerations. | ||||||
16 | (1) Bodily injury. If, pursuant to a violation of this | ||||||
17 | Section, a victim
suffered bodily injury, the defendant may | ||||||
18 | be sentenced to an extended-term sentence under Section | ||||||
19 | 5-8-2 of the Unified Code of Corrections. The sentencing | ||||||
20 | court must take into account the time in which the victim | ||||||
21 | was held in servitude, with increased penalties for cases | ||||||
22 | in which the victim was held for between 180 days and one | ||||||
23 | year, and increased penalties for cases in which the victim | ||||||
24 | was held for more than one year. | ||||||
25 | (2) Number of victims. In determining sentences within | ||||||
26 | statutory maximums, the sentencing court should take into |
| |||||||
| |||||||
1 | account the number of victims, and may provide for | ||||||
2 | substantially increased sentences in cases involving more | ||||||
3 | than 10 victims. | ||||||
4 | (g) Restitution. Restitution is mandatory under this | ||||||
5 | Section. In addition to any other amount of loss identified, | ||||||
6 | the court shall order restitution including the greater of (1) | ||||||
7 | the gross income or value to the defendant of the victim's | ||||||
8 | labor or services or (2) the value of the victim's labor as | ||||||
9 | guaranteed under the Minimum Wage Law and overtime provisions | ||||||
10 | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | ||||||
11 | whichever is greater. | ||||||
12 | (h) Trafficking victim services. Subject to the | ||||||
13 | availability of funds, the Department of Human Services or the | ||||||
14 | Department of Healthcare and Family Services may provide or | ||||||
15 | fund emergency services and assistance to individuals who are | ||||||
16 | victims of one or more offenses defined in this Section.
| ||||||
17 | (i) Certification. The Attorney General, a State's | ||||||
18 | Attorney, or any law enforcement official shall certify in | ||||||
19 | writing to the United States Department of Justice or other | ||||||
20 | federal agency, such as the United States Department of | ||||||
21 | Homeland Security, that an investigation or prosecution under | ||||||
22 | this Section has begun and the individual who is a likely | ||||||
23 | victim of a crime described in this Section is willing to | ||||||
24 | cooperate or is cooperating with the investigation to enable | ||||||
25 | the individual, if eligible under federal law, to qualify for | ||||||
26 | an appropriate special immigrant visa and to access available |
| |||||||
| |||||||
1 | federal benefits. Cooperation with law enforcement shall not be | ||||||
2 | required of victims of a crime described in this Section who | ||||||
3 | are under 18 years of age. This certification shall be made | ||||||
4 | available to the victim and his or her designated legal | ||||||
5 | representative. | ||||||
6 | (j) A person who commits the offense of involuntary | ||||||
7 | servitude, involuntary sexual servitude of a minor, or | ||||||
8 | trafficking in persons for forced labor or services under | ||||||
9 | subsection (b), (c), or (d) of this Section is subject to the | ||||||
10 | property forfeiture provisions set forth in Article 124B of the | ||||||
11 | Code of Criminal Procedure of 1963. shall forfeit to the State | ||||||
12 | of Illinois any profits or proceeds and any interest or | ||||||
13 | property he or she has acquired or maintained in violation of | ||||||
14 | subsection (b), (c), or (d) of this Section that the sentencing | ||||||
15 | court determines, after a forfeiture hearing, to have been | ||||||
16 | acquired or maintained as a result of maintaining a person in | ||||||
17 | involuntary servitude or participating in trafficking in | ||||||
18 | persons for forced labor or services. | ||||||
19 | Upon petition by the Attorney General or State's Attorney | ||||||
20 | at any time following sentencing, the court shall conduct a | ||||||
21 | hearing to determine whether any property or property interest | ||||||
22 | is subject to forfeiture under this Section. At the forfeiture | ||||||
23 | hearing the People have the burden of establishing, by a | ||||||
24 | preponderance of the evidence, that property or property | ||||||
25 | interests are subject to forfeiture under this Section. | ||||||
26 | In any action brought by the People of the State of |
| |||||||
| |||||||
1 | Illinois under this Section, in which a restraining order, | ||||||
2 | injunction, or prohibition or any other action in connection | ||||||
3 | with any property or interest subject to forfeiture under this | ||||||
4 | Section is sought, the circuit court presiding over the trial | ||||||
5 | of the person or persons charged with involuntary servitude, | ||||||
6 | involuntary sexual servitude of a minor, or trafficking in | ||||||
7 | persons for forced labor or services shall first determine | ||||||
8 | whether there is probable cause to believe that the person or | ||||||
9 | persons so charged have committed the offense of involuntary | ||||||
10 | servitude, involuntary sexual servitude of a minor, or | ||||||
11 | trafficking in persons for forced labor or services and whether | ||||||
12 | the property or interest is subject to forfeiture under this | ||||||
13 | Section. In order to make that determination, prior to entering | ||||||
14 | any such order, the court shall conduct a hearing without a | ||||||
15 | jury, in which the People shall establish that there is: (i) | ||||||
16 | probable cause that the person or persons so charged have | ||||||
17 | committed the offense of involuntary servitude, involuntary | ||||||
18 | sexual servitude of a minor, or trafficking in persons for | ||||||
19 | forced labor or services and (ii) probable cause that any | ||||||
20 | property or interest may be subject to forfeiture under this | ||||||
21 | Section. The hearing may be conducted simultaneously with a | ||||||
22 | preliminary hearing, if the prosecution is commenced by | ||||||
23 | information or complaint, or by motion of the People, at any | ||||||
24 | stage in the proceedings. The court may accept a finding of | ||||||
25 | probable cause at a preliminary hearing following the filing of | ||||||
26 | an information charging the offense of involuntary servitude, |
| |||||||
| |||||||
1 | involuntary sexual servitude of a minor, or trafficking in | ||||||
2 | persons for forced labor or services or the return of an | ||||||
3 | indictment by a grand jury charging the offense of involuntary | ||||||
4 | servitude, involuntary sexual servitude of a minor, or | ||||||
5 | trafficking in persons for forced labor or services as | ||||||
6 | sufficient evidence of probable cause as provided in item (i) | ||||||
7 | of this paragraph. Upon a finding, the circuit court shall | ||||||
8 | enter the restraining order, injunction, or prohibition, or | ||||||
9 | shall take such other action in connection with any such | ||||||
10 | property or other interest subject to forfeiture, as is | ||||||
11 | necessary to ensure that the property is not removed from the | ||||||
12 | jurisdiction of the court, concealed, destroyed, or otherwise | ||||||
13 | disposed of by the owner of that property or interest prior to | ||||||
14 | a forfeiture hearing under this Section. The Attorney General | ||||||
15 | or State's Attorney shall file a certified copy of the | ||||||
16 | restraining order, injunction, or other prohibition with the | ||||||
17 | recorder or registrar of titles of each county where any such | ||||||
18 | property of the defendant may be located. No such injunction, | ||||||
19 | restraining order, or other prohibition shall affect the rights | ||||||
20 | of any bona fide purchaser, mortgagee, judgment creditor, or | ||||||
21 | other lien holder arising prior to the date of that filing. At | ||||||
22 | any time, upon verified petition by the defendant or an | ||||||
23 | innocent owner or innocent bona fide third party lien holder | ||||||
24 | who neither had knowledge of, nor consented to, the illegal act | ||||||
25 | or omission, the court may conduct a hearing to release all or | ||||||
26 | portions of any such property or interest that the court |
| |||||||
| |||||||
1 | previously determined to be subject to forfeiture or subject to | ||||||
2 | any restraining order, injunction, or prohibition or other | ||||||
3 | action. The court may release that property to the defendant or | ||||||
4 | innocent owner or innocent bona fide third party lien holder | ||||||
5 | who neither had knowledge of nor consented to the illegal act | ||||||
6 | or omission for good cause shown and within the sound | ||||||
7 | discretion of the court. | ||||||
8 | Upon conviction of a person of involuntary servitude, | ||||||
9 | involuntary sexual servitude of a minor, or trafficking in | ||||||
10 | persons for forced labor or services, the court shall authorize | ||||||
11 | the Attorney General to seize all property or other interest | ||||||
12 | declared forfeited under this Section upon terms and conditions | ||||||
13 | the court deems proper. | ||||||
14 | All moneys forfeited and the sale proceeds of all other | ||||||
15 | property forfeited and seized under this Section shall be | ||||||
16 | distributed as follows: | ||||||
17 | (1) one-half shall be divided equally between all State | ||||||
18 | agencies and units of local government whose officers or | ||||||
19 | employees conducted the investigation that resulted in the | ||||||
20 | forfeiture; and | ||||||
21 | (2) one-half shall be deposited into the Violent Crime
| ||||||
22 | Victims Assistance Fund and targeted to services for | ||||||
23 | victims of the offenses of involuntary servitude, | ||||||
24 | involuntary sexual servitude of a minor, and trafficking in | ||||||
25 | persons for forced labor or services.
| ||||||
26 | (Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff. |
| |||||||
| |||||||
1 | 1-1-10; revised 10-8-09.)
| ||||||
2 | (720 ILCS 5/11-9.2)
| ||||||
3 | Sec. 11-9.2. Custodial sexual misconduct.
| ||||||
4 | (a) A person commits the offense of custodial sexual | ||||||
5 | misconduct
when: (1) he or
she is an employee of a penal system | ||||||
6 | and engages in sexual conduct or sexual
penetration with a | ||||||
7 | person who is in the custody of that penal system or (2)
he or | ||||||
8 | she is an employee of a treatment and detention facility and | ||||||
9 | engages in
sexual conduct or sexual penetration with a person | ||||||
10 | who is in the custody of
that
treatment and detention facility.
| ||||||
11 | (b) A probation or supervising officer or surveillance | ||||||
12 | agent commits the
offense of custodial
sexual misconduct when | ||||||
13 | the probation or supervising officer or surveillance
agent | ||||||
14 | engages in sexual
conduct or sexual penetration with a | ||||||
15 | probationer, parolee, or releasee or
person serving a term of | ||||||
16 | conditional release who is
under the supervisory, | ||||||
17 | disciplinary, or custodial authority of the
officer or agent so
| ||||||
18 | engaging in the sexual conduct or sexual penetration.
| ||||||
19 | (c) Custodial sexual misconduct is a Class 3 felony.
| ||||||
20 | (d) Any person convicted of violating this Section | ||||||
21 | immediately shall forfeit
his or her employment with a penal | ||||||
22 | system, treatment and detention facility,
or conditional | ||||||
23 | release program.
| ||||||
24 | (e) For purposes of this Section, the consent of the | ||||||
25 | probationer, parolee,
releasee, or inmate in custody of the |
| |||||||
| |||||||
1 | penal system or person detained or
civilly committed under the | ||||||
2 | Sexually Violent Persons Commitment Act
shall not be a defense | ||||||
3 | to a
prosecution under this Section. A person is deemed | ||||||
4 | incapable of consent, for
purposes of this Section, when he or | ||||||
5 | she is a probationer, parolee, releasee,
or inmate in custody | ||||||
6 | of a penal system or person detained or civilly
committed under | ||||||
7 | the Sexually Violent Persons Commitment Act.
| ||||||
8 | (f) This Section does not apply to:
| ||||||
9 | (1) Any employee, probation or supervising officer, or | ||||||
10 | surveillance
agent who is lawfully
married to a person in | ||||||
11 | custody if the marriage occurred before the date of
| ||||||
12 | custody.
| ||||||
13 | (2) Any employee, probation or supervising officer, or | ||||||
14 | surveillance
agent who has no knowledge,
and would have no | ||||||
15 | reason to believe, that the person with whom he or she
| ||||||
16 | engaged in custodial sexual misconduct was a person in | ||||||
17 | custody.
| ||||||
18 | (g) In this Section:
| ||||||
19 | (1) "Custody" means:
| ||||||
20 | (i) pretrial incarceration or detention;
| ||||||
21 | (ii) incarceration or detention under a sentence | ||||||
22 | or commitment to a
State or local penal institution;
| ||||||
23 | (iii) parole or mandatory supervised release;
| ||||||
24 | (iv) electronic home detention;
| ||||||
25 | (v) probation;
| ||||||
26 | (vi) detention or civil commitment either in |
| |||||||
| |||||||
1 | secure care or in the
community under the Sexually | ||||||
2 | Violent Persons Commitment Act.
| ||||||
3 | (2) "Penal system" means any system which includes | ||||||
4 | institutions as defined
in Section 2-14 of this Code or a | ||||||
5 | county shelter care or detention home
established under | ||||||
6 | Section 1 of the County Shelter Care and Detention Home | ||||||
7 | Act.
| ||||||
8 | (2.1) "Treatment and detention facility" means any | ||||||
9 | Department of Human
Services or Department of Healthcare | ||||||
10 | and Family Services facility established for the detention | ||||||
11 | or civil commitment of persons
under the Sexually Violent | ||||||
12 | Persons Commitment Act.
| ||||||
13 | (2.2) "Conditional release" means a program of | ||||||
14 | treatment and services,
vocational services, and alcohol | ||||||
15 | or other drug abuse treatment provided to any
person | ||||||
16 | civilly committed and conditionally released to the | ||||||
17 | community under
the Sexually Violent Persons Commitment | ||||||
18 | Act;
| ||||||
19 | (3) "Employee" means:
| ||||||
20 | (i) an employee of any governmental agency of this | ||||||
21 | State or any county
or
municipal corporation that has | ||||||
22 | by statute, ordinance, or court order the
| ||||||
23 | responsibility for the care, control, or supervision | ||||||
24 | of pretrial or sentenced
persons in a penal system or | ||||||
25 | persons detained or civilly committed under the
| ||||||
26 | Sexually Violent Persons Commitment Act;
|
| |||||||
| |||||||
1 | (ii) a contractual employee of a penal system as | ||||||
2 | defined in paragraph
(g)(2) of
this Section who works | ||||||
3 | in a penal institution as defined in Section 2-14 of
| ||||||
4 | this Code;
| ||||||
5 | (iii) a contractual employee of a "treatment and | ||||||
6 | detention facility"
as defined in paragraph (g)(2.1) | ||||||
7 | of this Code or a contractual employee of the
| ||||||
8 | Department of Human Services or the Department of | ||||||
9 | Healthcare and Family Services who provides | ||||||
10 | supervision of persons serving a
term of conditional | ||||||
11 | release as defined in paragraph (g)(2.2) of this Code.
| ||||||
12 | (4) "Sexual conduct" or "sexual penetration" means any | ||||||
13 | act of sexual
conduct or sexual penetration as defined in | ||||||
14 | Section 12-12 of this Code.
| ||||||
15 | (5) "Probation officer" means any person employed in a | ||||||
16 | probation or court
services department as defined in | ||||||
17 | Section 9b of the Probation and Probation
Officers Act.
| ||||||
18 | (6) "Supervising officer" means any person employed to | ||||||
19 | supervise persons
placed on parole or mandatory supervised | ||||||
20 | release with the duties described in
Section 3-14-2 of the | ||||||
21 | Unified Code of Corrections.
| ||||||
22 | (7) "Surveillance agent" means any person employed or | ||||||
23 | contracted to
supervise persons placed on conditional | ||||||
24 | release in the community under
the Sexually Violent Persons | ||||||
25 | Commitment Act.
| ||||||
26 | (Source: P.A. 92-415, eff. 8-17-01.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/11-9.5) | ||||||
2 | Sec. 11-9.5. Sexual misconduct with a person with a | ||||||
3 | disability. | ||||||
4 | (a) Definitions. As used in this Section: | ||||||
5 | (1) "Person with a disability" means: | ||||||
6 | (i) a person diagnosed with a developmental | ||||||
7 | disability as defined in Section 1-106 of the Mental | ||||||
8 | Health and Developmental Disabilities Code; or | ||||||
9 | (ii) a person diagnosed with a mental illness as | ||||||
10 | defined in Section 1-129 of the Mental Health and | ||||||
11 | Developmental Disabilities Code. | ||||||
12 | (2) "State-operated facility" means: | ||||||
13 | (i) a developmental disability facility as defined | ||||||
14 | in the Mental Health and Developmental Disabilities | ||||||
15 | Code;
or | ||||||
16 | (ii) a mental health facility as defined in the | ||||||
17 | Mental Health and Developmental Disabilities Code. | ||||||
18 | (3) "Community agency" or "agency" means any community | ||||||
19 | entity or program providing residential mental health or | ||||||
20 | developmental disabilities services that is licensed, | ||||||
21 | certified, or funded by the Department of Human Services or | ||||||
22 | the Department of Healthcare and Family Services and not | ||||||
23 | licensed or certified by any other human service agency of | ||||||
24 | the State such as the Departments of Public Health , | ||||||
25 | Healthcare and Family Services, and Children and Family |
| |||||||
| |||||||
1 | Services. | ||||||
2 | (4) "Care and custody" means admission to a | ||||||
3 | State-operated facility. | ||||||
4 | (5) "Employee" means: | ||||||
5 | (i) any person employed by the Illinois Department | ||||||
6 | of Human Services or the Department of Healthcare and | ||||||
7 | Family Services ; | ||||||
8 | (ii) any person employed by a community agency | ||||||
9 | providing services at the direction of the owner or | ||||||
10 | operator of the agency on or off site;
or | ||||||
11 | (iii) any person who is a contractual employee or | ||||||
12 | contractual agent of the Department of Human Services , | ||||||
13 | the Department of Healthcare and Family Services, or | ||||||
14 | the community agency. This includes but is not limited | ||||||
15 | to payroll personnel, contractors, subcontractors, and | ||||||
16 | volunteers. | ||||||
17 | (6) "Sexual conduct" or "sexual penetration" means any | ||||||
18 | act of sexual conduct or sexual penetration as defined in | ||||||
19 | Section 12-12 of this Code.
| ||||||
20 | (b) A person commits the offense of sexual misconduct with | ||||||
21 | a person with a disability when: | ||||||
22 | (1) he or she is an employee and knowingly engages in | ||||||
23 | sexual conduct or sexual penetration with a person with a | ||||||
24 | disability who is under the care and custody of the | ||||||
25 | Department of Human Services or the Department of | ||||||
26 | Healthcare and Family Services at a State-operated |
| |||||||
| |||||||
1 | facility; or | ||||||
2 | (2) he or she is an employee of a community agency | ||||||
3 | funded by the Department of Human Services or the | ||||||
4 | Department of Healthcare and Family Services and knowingly | ||||||
5 | engages in sexual conduct or sexual penetration with a | ||||||
6 | person with a disability who is in a residential program | ||||||
7 | operated or supervised by a community agency. | ||||||
8 | (c) For purposes of this Section, the consent of a person | ||||||
9 | with a disability in custody of the Department of Human | ||||||
10 | Services or the Department of Healthcare and Family Services | ||||||
11 | residing at a State-operated facility or receiving services | ||||||
12 | from a community agency shall not be a defense to a prosecution | ||||||
13 | under this Section. A person is deemed incapable of consent, | ||||||
14 | for purposes of this Section, when he or she is a person with a | ||||||
15 | disability and is receiving services at a State-operated | ||||||
16 | facility or is a person with a disability who is in a | ||||||
17 | residential program operated or supervised by a community | ||||||
18 | agency. | ||||||
19 | (d) This Section does not apply to: | ||||||
20 | (1) any State employee or any community agency employee | ||||||
21 | who is lawfully married to a person with a disability in | ||||||
22 | custody of the Department of Human Services or the | ||||||
23 | Department of Healthcare and Family Services or receiving | ||||||
24 | services from a community agency if the marriage occurred | ||||||
25 | before the date of custody or the initiation of services at | ||||||
26 | a community agency; or |
| |||||||
| |||||||
1 | (2) any State employee or community agency employee who | ||||||
2 | has no knowledge, and would have no reason to believe, that | ||||||
3 | the person with whom he or she engaged in sexual misconduct | ||||||
4 | was a person with a disability in custody of the Department | ||||||
5 | of Human Services or the Department of Healthcare and | ||||||
6 | Family Services or was receiving services from a community | ||||||
7 | agency. | ||||||
8 | (e) Sentence. Sexual misconduct with a person with a | ||||||
9 | disability is a Class 3 felony. | ||||||
10 | (f) Any person convicted of violating this Section shall | ||||||
11 | immediately forfeit his or her employment with the State or the | ||||||
12 | community agency.
| ||||||
13 | (Source: P.A. 94-1053, eff. 7-24-06.)
| ||||||
14 | (720 ILCS 5/11-14.2) | ||||||
15 | Sec. 11-14.2. First offender; felony prostitution. | ||||||
16 | (a) Whenever any person who has not previously been | ||||||
17 | convicted
of or placed on probation for felony prostitution or | ||||||
18 | any law of the United States or of any other state relating to | ||||||
19 | felony prostitution pleads guilty to or is found guilty of | ||||||
20 | felony prostitution, the court, without entering a judgment and | ||||||
21 | with the consent of such
person, may sentence the person to | ||||||
22 | probation. | ||||||
23 | (b) When a person is placed on probation, the court shall | ||||||
24 | enter an order
specifying a period of probation of 24 months | ||||||
25 | and shall defer further
proceedings in the case until the |
| |||||||
| |||||||
1 | conclusion of the period or until the
filing of a petition | ||||||
2 | alleging violation of a term or condition of probation. | ||||||
3 | (c) The conditions of probation shall be that the person: | ||||||
4 | (1) not
violate any criminal statute of any jurisdiction; (2) | ||||||
5 | refrain from
possessing a firearm or other dangerous weapon; | ||||||
6 | (3) submit to periodic drug
testing at a time and in a manner | ||||||
7 | as ordered by the court, but no less than 3
times during the | ||||||
8 | period of the probation, with the cost of the testing to be
| ||||||
9 | paid by the probationer; and (4) perform no less than 30 hours | ||||||
10 | of community
service, provided community service is available | ||||||
11 | in the jurisdiction and is
funded
and approved by the county | ||||||
12 | board. | ||||||
13 | (d) The court may, in addition to other conditions, require | ||||||
14 | that the person:
| ||||||
15 | (1) make a report to and appear in person before or | ||||||
16 | participate with the
court or such courts, person, or | ||||||
17 | social service agency as directed by the
court in the order | ||||||
18 | of probation; | ||||||
19 | (2) pay a fine and costs; | ||||||
20 | (3) work or pursue a course of study or vocational
| ||||||
21 | training; | ||||||
22 | (4) undergo medical or psychiatric treatment; or | ||||||
23 | treatment or
rehabilitation by a provider approved by the | ||||||
24 | Illinois Department of Human Services or the Department of | ||||||
25 | Healthcare and Family Services ; | ||||||
26 | (5) attend or reside in a facility established for the |
| |||||||
| |||||||
1 | instruction or
residence of defendants on probation; | ||||||
2 | (6) support his or her dependents;
| ||||||
3 | (7) refrain from having in his or her body the presence | ||||||
4 | of any illicit
drug prohibited by the Cannabis Control Act | ||||||
5 | or the Illinois Controlled
Substances Act, unless | ||||||
6 | prescribed by a physician, and submit samples of
his or her | ||||||
7 | blood or urine or both for tests to determine the presence | ||||||
8 | of any
illicit drug; | ||||||
9 | (8) and in addition, if a minor: | ||||||
10 | (i) reside with his or her parents or in a foster | ||||||
11 | home; | ||||||
12 | (ii) attend school; | ||||||
13 | (iii) attend a non-residential program for youth; | ||||||
14 | (iv) contribute to his or her own support at home | ||||||
15 | or in a foster home. | ||||||
16 | (e) Upon violation of a term or condition of probation, the | ||||||
17 | court
may enter a judgment on its original finding of guilt and | ||||||
18 | proceed as
otherwise provided. | ||||||
19 | (f) Upon fulfillment of the terms and conditions of | ||||||
20 | probation, the court
shall discharge the person and dismiss the | ||||||
21 | proceedings against him or her.
| ||||||
22 | (g) A disposition of probation is considered to be a | ||||||
23 | conviction
for the purposes of imposing the conditions of | ||||||
24 | probation and for appeal,
however, discharge and dismissal | ||||||
25 | under this Section is not a conviction for
purposes of this Act | ||||||
26 | or for purposes of disqualifications or disabilities
imposed by |
| |||||||
| |||||||
1 | law upon conviction of a crime. | ||||||
2 | (h) There may be only one discharge and dismissal under | ||||||
3 | this Section. | ||||||
4 | (i) If a person is convicted of prostitution within 5 years
| ||||||
5 | subsequent to a discharge and dismissal under this Section, the | ||||||
6 | discharge and
dismissal under this Section shall be admissible | ||||||
7 | in the sentencing proceeding
for that conviction
as evidence in | ||||||
8 | aggravation.
| ||||||
9 | (Source: P.A. 95-255, eff. 8-17-07.)
| ||||||
10 | (720 ILCS 5/12-4)
| ||||||
11 | Sec. 12-4. Aggravated Battery.
| ||||||
12 | (a) A person who, in committing a battery, intentionally or | ||||||
13 | knowingly
causes great bodily harm, or permanent disability or | ||||||
14 | disfigurement commits
aggravated battery.
| ||||||
15 | (b) In committing a battery, a person commits aggravated | ||||||
16 | battery if he or
she:
| ||||||
17 | (1) Uses a deadly weapon other than by the discharge of | ||||||
18 | a firearm, or uses an air rifle as defined in the Air Rifle | ||||||
19 | Act;
| ||||||
20 | (2) Is hooded, robed or masked, in such manner as to | ||||||
21 | conceal his
identity;
| ||||||
22 | (3) Knows the individual harmed to be a teacher or | ||||||
23 | other person
employed in any school and such teacher or | ||||||
24 | other employee is upon the
grounds of a school or grounds | ||||||
25 | adjacent thereto, or is in any part of a
building used for |
| |||||||
| |||||||
1 | school purposes;
| ||||||
2 | (4) (Blank);
| ||||||
3 | (5) (Blank);
| ||||||
4 | (6) Knows the individual harmed to be a community
| ||||||
5 | policing volunteer while
such volunteer is engaged in the | ||||||
6 | execution of
any official duties, or to prevent the | ||||||
7 | volunteer from performing official duties, or in
| ||||||
8 | retaliation for the volunteer performing official
duties, | ||||||
9 | and the battery is committed other than by the discharge of | ||||||
10 | a firearm;
| ||||||
11 | (7) Knows the individual harmed to be an emergency | ||||||
12 | medical technician -
ambulance, emergency medical | ||||||
13 | technician - intermediate, emergency medical
technician - | ||||||
14 | paramedic, ambulance driver, other medical assistance, | ||||||
15 | first
aid personnel, or hospital personnel engaged in the
| ||||||
16 | performance of any of his or her official duties,
or to | ||||||
17 | prevent the emergency medical technician - ambulance, | ||||||
18 | emergency medical
technician - intermediate, emergency | ||||||
19 | medical technician - paramedic, ambulance
driver, other | ||||||
20 | medical assistance, first aid personnel, or
hospital | ||||||
21 | personnel from performing
official duties, or in | ||||||
22 | retaliation for performing official duties;
| ||||||
23 | (8) Is, or the person battered is, on or about a public | ||||||
24 | way, public
property or public place of accommodation or | ||||||
25 | amusement;
| ||||||
26 | (8.5) Is, or the person battered is, on a publicly or |
| |||||||
| |||||||
1 | privately owned sports or entertainment arena, stadium, | ||||||
2 | community or convention hall, special event center, | ||||||
3 | amusement facility, or a special event center in a public | ||||||
4 | park during any 24-hour period when a professional sporting | ||||||
5 | event, National Collegiate Athletic Association | ||||||
6 | (NCAA)-sanctioned sporting event, United States Olympic | ||||||
7 | Committee-sanctioned sporting event, or International | ||||||
8 | Olympic Committee-sanctioned sporting event is taking | ||||||
9 | place in this venue;
| ||||||
10 | (9) Knows the individual harmed to be the driver, | ||||||
11 | operator, employee
or passenger of any transportation | ||||||
12 | facility or system engaged in the
business of | ||||||
13 | transportation of the public for hire and the individual
| ||||||
14 | assaulted is then performing in such capacity or then using | ||||||
15 | such public
transportation as a passenger or using any area | ||||||
16 | of any description
designated by the transportation | ||||||
17 | facility or system as a vehicle
boarding, departure, or | ||||||
18 | transfer location;
| ||||||
19 | (10) Knows the individual harmed to be an individual of | ||||||
20 | 60 years of age or older;
| ||||||
21 | (11) Knows the individual harmed is pregnant;
| ||||||
22 | (12) Knows the individual harmed to be a judge whom the
| ||||||
23 | person intended to harm as a result of the judge's | ||||||
24 | performance of his or
her official duties as a judge;
| ||||||
25 | (13) (Blank);
| ||||||
26 | (14) Knows the individual harmed to be a person who is |
| |||||||
| |||||||
1 | physically
handicapped;
| ||||||
2 | (15) Knowingly and without legal justification and by | ||||||
3 | any means causes
bodily harm to a merchant who detains the | ||||||
4 | person for an alleged commission of
retail theft under | ||||||
5 | Section 16A-5 of this Code.
In this item (15), "merchant" | ||||||
6 | has the meaning ascribed to it in Section
16A-2.4 of this | ||||||
7 | Code;
| ||||||
8 | (16) Is, or the person battered is, in any building or | ||||||
9 | other structure
used to provide shelter or other services | ||||||
10 | to victims or to the dependent
children of victims of | ||||||
11 | domestic violence pursuant to the Illinois Domestic
| ||||||
12 | Violence Act of 1986 or the Domestic Violence Shelters Act, | ||||||
13 | or the person
battered is within 500 feet of such a | ||||||
14 | building or other structure while going
to or from such a | ||||||
15 | building or other structure. "Domestic violence" has the
| ||||||
16 | meaning ascribed to it in Section 103 of the Illinois | ||||||
17 | Domestic Violence Act of
1986. "Building or other structure | ||||||
18 | used to provide shelter" has the meaning
ascribed to | ||||||
19 | "shelter" in Section 1 of the Domestic Violence Shelters | ||||||
20 | Act;
| ||||||
21 | (17) (Blank);
| ||||||
22 | (18) Knows the individual harmed to be an officer or | ||||||
23 | employee of the State of Illinois, a unit of local | ||||||
24 | government, or school district engaged in the performance | ||||||
25 | of his or her authorized duties as such officer or | ||||||
26 | employee; |
| |||||||
| |||||||
1 | (19) Knows the individual harmed to be an emergency | ||||||
2 | management worker
engaged in the performance of any of his | ||||||
3 | or her official duties, or to prevent
the emergency | ||||||
4 | management worker from performing official duties, or in
| ||||||
5 | retaliation for the emergency management worker performing | ||||||
6 | official duties; | ||||||
7 | (20) Knows the individual harmed to be a private | ||||||
8 | security officer engaged in the performance of any of his | ||||||
9 | or her official duties, or to prevent
the private security | ||||||
10 | officer from performing official duties, or in
retaliation | ||||||
11 | for the private security officer performing official | ||||||
12 | duties; or | ||||||
13 | (21)
Knows the individual harmed to be a taxi driver | ||||||
14 | and the battery is committed while the taxi driver is on | ||||||
15 | duty; or | ||||||
16 | (22)
Knows the individual harmed to be a utility | ||||||
17 | worker, while the utility worker is engaged in the | ||||||
18 | execution of his or her duties, or to prevent the utility | ||||||
19 | worker from performing his or her duties, or in retaliation | ||||||
20 | for the utility worker performing his or her duties. In | ||||||
21 | this paragraph (22), "utility worker" means a person | ||||||
22 | employed by a public utility as defined in Section 3-105 of | ||||||
23 | the Public Utilities Act and also includes an employee of a | ||||||
24 | municipally owned utility, an employee of a cable | ||||||
25 | television company, an employee of an electric
cooperative | ||||||
26 | as defined in Section 3-119 of the Public Utilities
Act, an |
| |||||||
| |||||||
1 | independent contractor or an employee of an independent
| ||||||
2 | contractor working on behalf of a cable television company, | ||||||
3 | public utility, municipally
owned utility, or an electric | ||||||
4 | cooperative, or an employee of a
telecommunications | ||||||
5 | carrier as defined in Section 13-202 of the
Public | ||||||
6 | Utilities Act, an independent contractor or an employee of
| ||||||
7 | an independent contractor working on behalf of a
| ||||||
8 | telecommunications carrier, or an employee of a telephone | ||||||
9 | or
telecommunications cooperative as defined in Section | ||||||
10 | 13-212 of
the Public Utilities Act, or an independent | ||||||
11 | contractor or an
employee of an independent contractor | ||||||
12 | working on behalf of a
telephone or telecommunications | ||||||
13 | cooperative.
| ||||||
14 | For the purpose of paragraph (14) of subsection (b) of this | ||||||
15 | Section, a
physically handicapped person is a person who | ||||||
16 | suffers from a permanent and
disabling physical | ||||||
17 | characteristic, resulting from disease, injury,
functional | ||||||
18 | disorder or congenital condition.
| ||||||
19 | For the purpose of paragraph (20) of subsection (b) and | ||||||
20 | subsection (e) of this Section, "private security officer" | ||||||
21 | means a registered employee of a private security contractor | ||||||
22 | agency under the Private Detective, Private Alarm, Private | ||||||
23 | Security, Fingerprint Vendor, and Locksmith Act of 2004. | ||||||
24 | (c) A person who administers to an individual or causes him | ||||||
25 | to take,
without his consent or by threat or deception, and for | ||||||
26 | other than
medical purposes, any intoxicating, poisonous, |
| |||||||
| |||||||
1 | stupefying, narcotic,
anesthetic, or controlled substance | ||||||
2 | commits aggravated battery.
| ||||||
3 | (d) A person who knowingly gives to another person any food | ||||||
4 | that
contains any substance or object that is intended to cause | ||||||
5 | physical
injury if eaten, commits aggravated battery.
| ||||||
6 | (d-3) A person commits aggravated battery when he or she | ||||||
7 | knowingly and
without lawful justification shines or flashes a | ||||||
8 | laser gunsight or other laser
device that is attached or | ||||||
9 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
10 | that the laser beam strikes upon or against the person of | ||||||
11 | another.
| ||||||
12 | (d-5) An inmate of a penal institution or a sexually | ||||||
13 | dangerous person or a
sexually violent person in the custody of | ||||||
14 | the Department of Human Services or the Department of | ||||||
15 | Healthcare and Family Services
who causes or attempts to cause | ||||||
16 | a
correctional employee of the penal institution or an employee | ||||||
17 | of the
Department of Human Services or the Department of | ||||||
18 | Healthcare and Family Services to come into contact with blood,
| ||||||
19 | seminal fluid, urine, or feces, by throwing, tossing, or | ||||||
20 | expelling that fluid
or material commits aggravated battery. | ||||||
21 | For purposes of this subsection (d-5),
"correctional employee" | ||||||
22 | means a person who is employed by a penal institution.
| ||||||
23 | (d-6) A person commits aggravated battery when he or she, | ||||||
24 | in committing a battery, strangles another individual. For the | ||||||
25 | purposes of this subsection (d-6), "strangle" means | ||||||
26 | intentionally impeding the normal breathing or circulation of |
| |||||||
| |||||||
1 | the blood of an individual by applying pressure on the throat | ||||||
2 | or neck of that individual or by blocking the nose or mouth of | ||||||
3 | that individual. | ||||||
4 | (e) Sentence.
| ||||||
5 | (1) Except as otherwise provided in paragraphs (2), | ||||||
6 | (3), and (4) , and (5) aggravated battery is a Class 3 | ||||||
7 | felony. | ||||||
8 | (2) Aggravated battery that does not cause great bodily | ||||||
9 | harm or permanent disability or disfigurement is a Class 2 | ||||||
10 | felony when the person knows
the individual harmed to be a | ||||||
11 | peace officer, a community
policing volunteer, a private | ||||||
12 | security officer, a correctional institution employee, an
| ||||||
13 | employee of the Department of Human Services or the | ||||||
14 | Department of Healthcare and Family Services supervising | ||||||
15 | or
controlling sexually dangerous persons or sexually | ||||||
16 | violent
persons, or a fireman while such officer, | ||||||
17 | volunteer, employee,
or fireman is engaged in the execution | ||||||
18 | of any official duties
including arrest or attempted | ||||||
19 | arrest, or to prevent the
officer, volunteer, employee, or | ||||||
20 | fireman from performing
official duties, or in retaliation | ||||||
21 | for the officer, volunteer,
employee, or fireman | ||||||
22 | performing official duties, and the
battery is committed | ||||||
23 | other than by the discharge of a firearm.
| ||||||
24 | (3) Aggravated battery that causes great bodily harm or | ||||||
25 | permanent disability or disfigurement in
violation of | ||||||
26 | subsection (a)
is a Class 1 felony when the person knows |
| |||||||
| |||||||
1 | the individual harmed to be a peace
officer, a community
| ||||||
2 | policing volunteer, a private security officer, a | ||||||
3 | correctional institution employee, an employee
of the | ||||||
4 | Department of Human Services or the Department of | ||||||
5 | Healthcare and Family Services supervising or controlling | ||||||
6 | sexually
dangerous persons or sexually violent persons, or | ||||||
7 | a fireman while
such officer, volunteer, employee, or | ||||||
8 | fireman is engaged in the execution of
any official duties | ||||||
9 | including arrest or attempted arrest, or to prevent the
| ||||||
10 | officer, volunteer, employee, or fireman from performing | ||||||
11 | official duties, or in
retaliation for the officer, | ||||||
12 | volunteer, employee, or fireman performing official
| ||||||
13 | duties, and the battery is committed other than by the | ||||||
14 | discharge of a firearm.
| ||||||
15 | (4) Aggravated battery under subsection (d-5) is a | ||||||
16 | Class 2 felony. | ||||||
17 | (5) Aggravated battery under subsection (d-6) is a | ||||||
18 | Class 1 felony if: | ||||||
19 | (A) the person used or attempted to use a dangerous | ||||||
20 | instrument while committing the offense; or | ||||||
21 | (B) the person caused great bodily harm or | ||||||
22 | permanent disability or disfigurement to the other | ||||||
23 | person while committing the offense; or | ||||||
24 | (C) the person has been previously convicted of a | ||||||
25 | violation of subsection (d-6) under the laws of this | ||||||
26 | State or laws similar to subsection (d-6) of any other |
| |||||||
| |||||||
1 | state.
| ||||||
2 | (6) (5) For purposes of this subsection (e), the term | ||||||
3 | "firearm" shall have the meaning provided under Section 1.1 | ||||||
4 | of the Firearms Owners Identification Card Act, and shall | ||||||
5 | not include an air rifle as defined by Section 1 of the Air | ||||||
6 | Rifle Act. | ||||||
7 | (Source: P.A. 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331, | ||||||
8 | eff. 8-21-07; 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876, | ||||||
9 | eff. 8-21-08; 96-201, eff. 8-10-09; 96-363, eff. 8-13-09; | ||||||
10 | revised 9-4-09.)
| ||||||
11 | (720 ILCS 5/31-6) (from Ch. 38, par. 31-6)
| ||||||
12 | Sec. 31-6. Escape; failure to report to a penal institution | ||||||
13 | or to report
for periodic imprisonment. | ||||||
14 | (a) A person convicted of a felony or charged with the | ||||||
15 | commission of a
felony, or charged with or adjudicated | ||||||
16 | delinquent for an act which, if committed by an adult, would | ||||||
17 | constitute a felony, who intentionally escapes from any penal | ||||||
18 | institution or from the custody
of an employee of that | ||||||
19 | institution commits a Class 2 felony; however, a person
| ||||||
20 | convicted of a felony, or adjudicated delinquent for an act | ||||||
21 | which, if committed by an adult, would constitute a felony, who | ||||||
22 | knowingly fails to report to a penal institution or
to report | ||||||
23 | for periodic imprisonment at any time or knowingly fails to | ||||||
24 | return
from furlough or from work and day release or who | ||||||
25 | knowingly fails to abide
by the terms of home confinement is |
| |||||||
| |||||||
1 | guilty of a Class 3 felony.
| ||||||
2 | (b) A person convicted of a misdemeanor or charged with the
| ||||||
3 | commission of a misdemeanor, or charged with or adjudicated | ||||||
4 | delinquent for an act which, if committed by an adult, would | ||||||
5 | constitute a misdemeanor, who intentionally escapes from any
| ||||||
6 | penal institution or from the custody of an employee of that
| ||||||
7 | institution commits a Class A misdemeanor; however, a person | ||||||
8 | convicted
of a misdemeanor, or adjudicated delinquent for an | ||||||
9 | act which, if committed by an adult, would constitute a | ||||||
10 | misdemeanor, who knowingly fails to report to a penal | ||||||
11 | institution or to
report for periodic imprisonment at any time | ||||||
12 | or knowingly fails to return from
furlough or from work and day | ||||||
13 | release or who knowingly fails to abide by
the terms of home | ||||||
14 | confinement is guilty of a Class B misdemeanor.
| ||||||
15 | (b-1) A person committed to the Department of Human | ||||||
16 | Services or the Department of Healthcare and Family Services | ||||||
17 | under the
provisions of the Sexually Violent Persons Commitment | ||||||
18 | Act or in detention with
the Department of Human Services or | ||||||
19 | the Department of Healthcare and Family Services awaiting such | ||||||
20 | a commitment who intentionally
escapes from any secure | ||||||
21 | residential facility or from the custody of an employee
of that | ||||||
22 | facility commits a Class 2 felony.
| ||||||
23 | (c) A person in the lawful custody of a peace officer for | ||||||
24 | the alleged
commission of a felony offense or an act which, if | ||||||
25 | committed by an adult, would constitute a felony, and who | ||||||
26 | intentionally escapes from custody
commits a Class 2 felony; |
| |||||||
| |||||||
1 | however, a person in the lawful custody of a
peace officer for | ||||||
2 | the alleged commission of a misdemeanor offense or an act | ||||||
3 | which, if committed by an adult, would constitute a | ||||||
4 | misdemeanor, who
intentionally escapes from custody commits a | ||||||
5 | Class A misdemeanor.
| ||||||
6 | (c-5) A person in the lawful custody of a peace officer for | ||||||
7 | an alleged
violation of a term or condition of probation, | ||||||
8 | conditional discharge, parole,
or mandatory supervised release | ||||||
9 | for a felony or an act which, if committed by an adult, would | ||||||
10 | constitute a felony, who intentionally escapes
from custody is | ||||||
11 | guilty of a Class 2 felony.
| ||||||
12 | (c-6) A person in the lawful custody of a peace officer for | ||||||
13 | an alleged
violation of a term or condition of supervision, | ||||||
14 | probation, or conditional
discharge for a misdemeanor or an act | ||||||
15 | which, if committed by an adult, would constitute a | ||||||
16 | misdemeanor, who intentionally escapes from custody is
guilty | ||||||
17 | of a Class A misdemeanor.
| ||||||
18 | (d) A person who violates this Section
while armed with a | ||||||
19 | dangerous weapon commits a Class 1 felony.
| ||||||
20 | (Source: P.A. 95-839, eff. 8-15-08; 95-921, eff. 1-1-09; | ||||||
21 | 96-328, eff. 8-11-09.)
| ||||||
22 | Section 1145. The Cannabis Control Act is amended by | ||||||
23 | changing Sections 3 and 10.2 as follows:
| ||||||
24 | (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
|
| |||||||
| |||||||
1 | Sec. 3. As used in this Act, unless the context otherwise | ||||||
2 | requires:
| ||||||
3 | (a) "Cannabis" includes marihuana, hashish and other | ||||||
4 | substances which
are identified as including any parts of the | ||||||
5 | plant Cannabis Sativa, whether
growing or not; the seeds | ||||||
6 | thereof, the resin extracted from any part of
such plant; and | ||||||
7 | any compound, manufacture, salt, derivative, mixture, or
| ||||||
8 | preparation of such plant, its seeds, or resin, including | ||||||
9 | tetrahydrocannabinol
(THC) and all other cannabinol | ||||||
10 | derivatives, including its naturally occurring
or | ||||||
11 | synthetically produced ingredients, whether produced directly | ||||||
12 | or indirectly
by extraction, or independently by means of | ||||||
13 | chemical synthesis or by a
combination
of extraction and | ||||||
14 | chemical synthesis; but shall not include the mature stalks
of | ||||||
15 | such plant, fiber produced from such stalks, oil or cake made | ||||||
16 | from the
seeds of such plant, any other compound, manufacture, | ||||||
17 | salt, derivative,
mixture, or preparation of such mature stalks | ||||||
18 | (except the resin extracted
therefrom), fiber, oil or cake, or | ||||||
19 | the sterilized seed of such plant which
is incapable of | ||||||
20 | germination.
| ||||||
21 | (b) "Casual delivery" means the delivery of not more than | ||||||
22 | 10 grams of
any substance containing cannabis without | ||||||
23 | consideration.
| ||||||
24 | (c) "Department" means the Illinois Department of Human | ||||||
25 | Services (before January 1, 2011) or the Department of | ||||||
26 | Healthcare and Family Services (on or after January 1, 2011) |
| |||||||
| |||||||
1 | (as
successor to the Department of Alcoholism and Substance | ||||||
2 | Abuse) or its successor agency.
| ||||||
3 | (d) "Deliver" or "delivery" means the actual, constructive | ||||||
4 | or attempted
transfer of possession of cannabis, with or | ||||||
5 | without consideration, whether
or not there is an agency | ||||||
6 | relationship.
| ||||||
7 | (e) "Department of State Police" means the Department
of | ||||||
8 | State Police of the State of Illinois or its successor agency.
| ||||||
9 | (f) "Director" means the Director of the Department of | ||||||
10 | State Police
or his designated agent.
| ||||||
11 | (g) "Local authorities" means a duly organized State, | ||||||
12 | county, or municipal
peace unit or police force.
| ||||||
13 | (h) "Manufacture" means the production, preparation, | ||||||
14 | propagation,
compounding,
conversion or processing of | ||||||
15 | cannabis, either directly or indirectly, by
extraction from | ||||||
16 | substances of natural origin, or independently by means
of | ||||||
17 | chemical synthesis, or by a combination of extraction and | ||||||
18 | chemical
synthesis,
and includes any packaging or repackaging | ||||||
19 | of cannabis or labeling of its
container, except that this term | ||||||
20 | does not include the preparation, compounding,
packaging, or | ||||||
21 | labeling of cannabis as an incident to lawful research, | ||||||
22 | teaching,
or chemical analysis and not for sale.
| ||||||
23 | (i) "Person" means any individual, corporation, government | ||||||
24 | or governmental
subdivision or agency, business trust, estate, | ||||||
25 | trust, partnership or association,
or any other entity.
| ||||||
26 | (j) "Produce" or "production" means planting, cultivating, |
| |||||||
| |||||||
1 | tending or harvesting.
| ||||||
2 | (k) "State" includes the State of Illinois and any state, | ||||||
3 | district, commonwealth,
territory, insular possession thereof, | ||||||
4 | and any area subject to the legal
authority of the United | ||||||
5 | States of America.
| ||||||
6 | (l) "Subsequent offense" means an offense under this Act, | ||||||
7 | the offender
of which, prior to his conviction of the offense, | ||||||
8 | has at any time been convicted
under this Act or under any laws | ||||||
9 | of the United States or of any state relating
to cannabis, or | ||||||
10 | any controlled substance as defined in the Illinois Controlled
| ||||||
11 | Substances Act.
| ||||||
12 | (Source: P.A. 89-507, eff. 7-1-97 .)
| ||||||
13 | (720 ILCS 550/10.2) (from Ch. 56 1/2, par. 710.2)
| ||||||
14 | Sec. 10.2. (a) Twelve and one-half percent of all amounts | ||||||
15 | collected
as fines pursuant to the provisions of this Act shall | ||||||
16 | be paid into the
Youth Drug Abuse Prevention Fund, which is | ||||||
17 | hereby created in the State
treasury, to be used by the | ||||||
18 | Department of Human Services (before January 1, 2011) or the | ||||||
19 | Department of Healthcare and Family Services (on or after | ||||||
20 | January 1, 2011)
for the funding of programs and services for | ||||||
21 | drug-abuse treatment, and
prevention and education services, | ||||||
22 | for juveniles.
| ||||||
23 | (b) Eighty-seven and one-half percent of the proceeds of | ||||||
24 | all fines received
under the provisions of this Act shall be | ||||||
25 | transmitted to and deposited in
the treasurer's office at the |
| |||||||
| |||||||
1 | level of government as follows:
| ||||||
2 | (1) If such seizure was made by a combination of law | ||||||
3 | enforcement
personnel representing differing units of | ||||||
4 | local government, the court
levying the fine shall | ||||||
5 | equitably allocate 50% of the fine among these units
of | ||||||
6 | local government and shall allocate 37 1/2% to the county | ||||||
7 | general
corporate fund. In the event that the seizure was | ||||||
8 | made by law enforcement
personnel representing a unit of | ||||||
9 | local government from a municipality where
the number of | ||||||
10 | inhabitants exceeds 2 million in population, the court
| ||||||
11 | levying the fine shall allocate 87 1/2% of the fine to that | ||||||
12 | unit of local
government. If the seizure was made by a | ||||||
13 | combination of law enforcement
personnel representing | ||||||
14 | differing units of local government, and at least
one of | ||||||
15 | those units represents a municipality where the number of
| ||||||
16 | inhabitants exceeds 2 million in population, the court | ||||||
17 | shall equitably
allocate 87 1/2% of the proceeds of the | ||||||
18 | fines received among the differing
units of local | ||||||
19 | government.
| ||||||
20 | (2) If such seizure was made by State law enforcement | ||||||
21 | personnel, then
the court shall allocate 37 1/2% to the | ||||||
22 | State treasury and 50% to the
county general corporate | ||||||
23 | fund.
| ||||||
24 | (3) If a State law enforcement agency in combination | ||||||
25 | with a law
enforcement agency or agencies of a unit or | ||||||
26 | units of local government
conducted the seizure, the court |
| |||||||
| |||||||
1 | shall equitably allocate 37 1/2% of the
fines to or among | ||||||
2 | the law enforcement agency or agencies of the unit or
units | ||||||
3 | of local government which conducted the seizure and shall | ||||||
4 | allocate
50% to the county general corporate fund.
| ||||||
5 | (c) The proceeds of all fines allocated to the law | ||||||
6 | enforcement agency or
agencies of the unit or units of local | ||||||
7 | government pursuant to subsection
(b) shall be made available | ||||||
8 | to that law enforcement agency as expendable
receipts for use | ||||||
9 | in the enforcement of laws regulating controlled
substances and | ||||||
10 | cannabis. The proceeds of fines awarded to the State
treasury | ||||||
11 | shall be deposited in a special fund known as the Drug Traffic
| ||||||
12 | Prevention Fund, except that amounts distributed to the | ||||||
13 | Secretary of State
shall be deposited into the Secretary of | ||||||
14 | State Evidence Fund to be used as
provided in Section 2-115 of | ||||||
15 | the Illinois Vehicle Code.
Monies from this fund may be used by | ||||||
16 | the Department of
State Police for use in the enforcement of | ||||||
17 | laws regulating controlled
substances and cannabis; to satisfy | ||||||
18 | funding provisions of the
Intergovernmental Drug Laws | ||||||
19 | Enforcement Act; to defray costs and expenses
associated with | ||||||
20 | returning violators of this Act, the Illinois Controlled
| ||||||
21 | Substances Act, and the Methamphetamine Control and Community | ||||||
22 | Protection Act only, as provided in such Acts, when punishment | ||||||
23 | of the crime
shall be confinement of the criminal in the | ||||||
24 | penitentiary; and all other
monies shall be paid into the | ||||||
25 | general revenue fund in the State treasury.
| ||||||
26 | (Source: P.A. 94-556, eff. 9-11-05.)
|
| |||||||
| |||||||
1 | Section 1150. The Illinois Controlled Substances Act is | ||||||
2 | amended by changing Sections 102, 214, 309, 320, 410, 411.2, | ||||||
3 | and 507 as follows:
| ||||||
4 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
5 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
6 | context
otherwise requires:
| ||||||
7 | (a) "Addict" means any person who habitually uses any drug, | ||||||
8 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
9 | to endanger the public
morals, health, safety or welfare or who | ||||||
10 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
11 | substance other than alcohol as to have lost
the power of self | ||||||
12 | control with reference to his addiction.
| ||||||
13 | (b) "Administer" means the direct application of a | ||||||
14 | controlled
substance, whether by injection, inhalation, | ||||||
15 | ingestion, or any other
means, to the body of a patient, | ||||||
16 | research subject, or animal (as
defined by the Humane | ||||||
17 | Euthanasia in Animal Shelters Act) by:
| ||||||
18 | (1) a practitioner (or, in his presence, by his | ||||||
19 | authorized agent),
| ||||||
20 | (2) the patient or research subject at the lawful | ||||||
21 | direction of the
practitioner, or
| ||||||
22 | (3) a euthanasia technician as defined by the Humane | ||||||
23 | Euthanasia in
Animal Shelters Act.
| ||||||
24 | (c) "Agent" means an authorized person who acts on behalf |
| |||||||
| |||||||
1 | of or at
the direction of a manufacturer, distributor, or | ||||||
2 | dispenser. It does not
include a common or contract carrier, | ||||||
3 | public warehouseman or employee of
the carrier or warehouseman.
| ||||||
4 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
5 | substance,
chemically and pharmacologically related to | ||||||
6 | testosterone (other than
estrogens, progestins, and | ||||||
7 | corticosteroids) that promotes muscle growth,
and includes:
| ||||||
8 | (i) boldenone,
| ||||||
9 | (ii) chlorotestosterone,
| ||||||
10 | (iii) chostebol,
| ||||||
11 | (iv) dehydrochlormethyltestosterone,
| ||||||
12 | (v) dihydrotestosterone,
| ||||||
13 | (vi) drostanolone,
| ||||||
14 | (vii) ethylestrenol,
| ||||||
15 | (viii) fluoxymesterone,
| ||||||
16 | (ix) formebulone,
| ||||||
17 | (x) mesterolone,
| ||||||
18 | (xi) methandienone,
| ||||||
19 | (xii) methandranone,
| ||||||
20 | (xiii) methandriol,
| ||||||
21 | (xiv) methandrostenolone,
| ||||||
22 | (xv) methenolone,
| ||||||
23 | (xvi) methyltestosterone,
| ||||||
24 | (xvii) mibolerone,
| ||||||
25 | (xviii) nandrolone,
| ||||||
26 | (xix) norethandrolone,
|
| |||||||
| |||||||
1 | (xx) oxandrolone,
| ||||||
2 | (xxi) oxymesterone,
| ||||||
3 | (xxii) oxymetholone,
| ||||||
4 | (xxiii) stanolone,
| ||||||
5 | (xxiv) stanozolol,
| ||||||
6 | (xxv) testolactone,
| ||||||
7 | (xxvi) testosterone,
| ||||||
8 | (xxvii) trenbolone, and
| ||||||
9 | (xxviii) any salt, ester, or isomer of a drug or | ||||||
10 | substance described
or listed in this paragraph, if | ||||||
11 | that salt, ester, or isomer promotes muscle
growth.
| ||||||
12 | Any person who is otherwise lawfully in possession of an | ||||||
13 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
14 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
15 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
16 | expressly intended for and lawfully allowed to be
administered | ||||||
17 | through implants to livestock or other nonhuman species, and
| ||||||
18 | which is approved by the Secretary of Health and Human Services | ||||||
19 | for such
administration, and which the person intends to | ||||||
20 | administer or have
administered through such implants, shall | ||||||
21 | not be considered to be in
unauthorized possession or to | ||||||
22 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
23 | possess with intent to deliver such anabolic steroid for
| ||||||
24 | purposes of this Act.
| ||||||
25 | (d) "Administration" means the Drug Enforcement | ||||||
26 | Administration,
United States Department of Justice, or its |
| |||||||
| |||||||
1 | successor agency.
| ||||||
2 | (e) "Control" means to add a drug or other substance, or | ||||||
3 | immediate
precursor, to a Schedule under Article II of this Act | ||||||
4 | whether by
transfer from another Schedule or otherwise.
| ||||||
5 | (f) "Controlled Substance" means a drug, substance, or | ||||||
6 | immediate
precursor in the Schedules of Article II of this Act.
| ||||||
7 | (g) "Counterfeit substance" means a controlled substance, | ||||||
8 | which, or
the container or labeling of which, without | ||||||
9 | authorization bears the
trademark, trade name, or other | ||||||
10 | identifying mark, imprint, number or
device, or any likeness | ||||||
11 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
12 | than the person who in fact manufactured, distributed,
or | ||||||
13 | dispensed the substance.
| ||||||
14 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
15 | or
attempted transfer of possession of a controlled substance, | ||||||
16 | with or
without consideration, whether or not there is an | ||||||
17 | agency relationship.
| ||||||
18 | (i) "Department" means the Illinois Department of Human | ||||||
19 | Services (before January 1, 2011) or the Department of | ||||||
20 | Healthcare and Family Services (on or after January 1, 2011) | ||||||
21 | (as
successor to the Department of Alcoholism and Substance | ||||||
22 | Abuse) or its successor agency.
| ||||||
23 | (j) "Department of State Police" means the Department of | ||||||
24 | State
Police of the State of Illinois or its successor agency.
| ||||||
25 | (k) "Department of Corrections" means the Department of | ||||||
26 | Corrections
of the State of Illinois or its successor agency.
|
| |||||||
| |||||||
1 | (l) "Department of Professional Regulation" means the | ||||||
2 | Department
of Professional Regulation of the State of Illinois | ||||||
3 | or its successor agency.
| ||||||
4 | (m) "Depressant" or "stimulant substance" means:
| ||||||
5 | (1) a drug which contains any quantity of (i) | ||||||
6 | barbituric acid or
any of the salts of barbituric acid | ||||||
7 | which has been designated as habit
forming under section | ||||||
8 | 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | ||||||
9 | U.S.C. 352 (d)); or
| ||||||
10 | (2) a drug which contains any quantity of (i) | ||||||
11 | amphetamine or
methamphetamine and any of their optical | ||||||
12 | isomers; (ii) any salt of
amphetamine or methamphetamine or | ||||||
13 | any salt of an optical isomer of
amphetamine; or (iii) any | ||||||
14 | substance which the Department, after
investigation, has | ||||||
15 | found to be, and by rule designated as, habit forming
| ||||||
16 | because of its depressant or stimulant effect on the | ||||||
17 | central nervous
system; or
| ||||||
18 | (3) lysergic acid diethylamide; or
| ||||||
19 | (4) any drug which contains any quantity of a substance | ||||||
20 | which the
Department, after investigation, has found to | ||||||
21 | have, and by rule
designated as having, a potential for | ||||||
22 | abuse because of its depressant or
stimulant effect on the | ||||||
23 | central nervous system or its hallucinogenic
effect.
| ||||||
24 | (n) (Blank).
| ||||||
25 | (o) "Director" means the Director of the Department of | ||||||
26 | State Police or
the Department of Professional Regulation or |
| |||||||
| |||||||
1 | his designated agents.
| ||||||
2 | (p) "Dispense" means to deliver a controlled substance to | ||||||
3 | an
ultimate user or research subject by or pursuant to the | ||||||
4 | lawful order of
a prescriber, including the prescribing, | ||||||
5 | administering, packaging,
labeling, or compounding necessary | ||||||
6 | to prepare the substance for that
delivery.
| ||||||
7 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
8 | (r) "Distribute" means to deliver, other than by | ||||||
9 | administering or
dispensing, a controlled substance.
| ||||||
10 | (s) "Distributor" means a person who distributes.
| ||||||
11 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
12 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
13 | Pharmacopoeia of the
United States, or official National | ||||||
14 | Formulary, or any supplement to any
of them; (2) substances | ||||||
15 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
16 | prevention of disease in man or animals; (3) substances
(other | ||||||
17 | than food) intended to affect the structure of any function of
| ||||||
18 | the body of man or animals and (4) substances intended for use | ||||||
19 | as a
component of any article specified in clause (1), (2), or | ||||||
20 | (3) of this
subsection. It does not include devices or their | ||||||
21 | components, parts, or
accessories.
| ||||||
22 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
23 | Department of Professional Regulation for the
purpose of animal | ||||||
24 | euthanasia that holds an animal control facility license or
| ||||||
25 | animal
shelter license under the Animal Welfare Act. A | ||||||
26 | euthanasia agency is
authorized to purchase, store, possess, |
| |||||||
| |||||||
1 | and utilize Schedule II nonnarcotic and
Schedule III | ||||||
2 | nonnarcotic drugs for the sole purpose of animal euthanasia.
| ||||||
3 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
4 | substances
(nonnarcotic controlled substances) that are used | ||||||
5 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
6 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
7 | controlled
substance by a practitioner in the regular course of | ||||||
8 | professional
treatment to or for any person who is under his | ||||||
9 | treatment for a
pathology or condition other than that | ||||||
10 | individual's physical or
psychological dependence upon or | ||||||
11 | addiction to a controlled substance,
except as provided herein: | ||||||
12 | and application of the term to a pharmacist
shall mean the | ||||||
13 | dispensing of a controlled substance pursuant to the
| ||||||
14 | prescriber's order which in the professional judgment of the | ||||||
15 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
16 | accepted professional
standards including, but not limited to | ||||||
17 | the following, in making the
judgment:
| ||||||
18 | (1) lack of consistency of doctor-patient | ||||||
19 | relationship,
| ||||||
20 | (2) frequency of prescriptions for same drug by one | ||||||
21 | prescriber for
large numbers of patients,
| ||||||
22 | (3) quantities beyond those normally prescribed,
| ||||||
23 | (4) unusual dosages,
| ||||||
24 | (5) unusual geographic distances between patient, | ||||||
25 | pharmacist and
prescriber,
| ||||||
26 | (6) consistent prescribing of habit-forming drugs.
|
| |||||||
| |||||||
1 | (u-1) "Home infusion services" means services provided by a | ||||||
2 | pharmacy in
compounding solutions for direct administration to | ||||||
3 | a patient in a private
residence, long-term care facility, or | ||||||
4 | hospice setting by means of parenteral,
intravenous, | ||||||
5 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
6 | (v) "Immediate precursor" means a substance:
| ||||||
7 | (1) which the Department has found to be and by rule | ||||||
8 | designated as
being a principal compound used, or produced | ||||||
9 | primarily for use, in the
manufacture of a controlled | ||||||
10 | substance;
| ||||||
11 | (2) which is an immediate chemical intermediary used or | ||||||
12 | likely to
be used in the manufacture of such controlled | ||||||
13 | substance; and
| ||||||
14 | (3) the control of which is necessary to prevent, | ||||||
15 | curtail or limit
the manufacture of such controlled | ||||||
16 | substance.
| ||||||
17 | (w) "Instructional activities" means the acts of teaching, | ||||||
18 | educating
or instructing by practitioners using controlled | ||||||
19 | substances within
educational facilities approved by the State | ||||||
20 | Board of Education or
its successor agency.
| ||||||
21 | (x) "Local authorities" means a duly organized State, | ||||||
22 | County or
Municipal peace unit or police force.
| ||||||
23 | (y) "Look-alike substance" means a substance, other than a | ||||||
24 | controlled
substance which (1) by overall dosage unit | ||||||
25 | appearance, including shape,
color, size, markings or lack | ||||||
26 | thereof, taste, consistency, or any other
identifying physical |
| |||||||
| |||||||
1 | characteristic of the substance, would lead a reasonable
person | ||||||
2 | to believe that the substance is a controlled substance, or (2) | ||||||
3 | is
expressly or impliedly represented to be a controlled | ||||||
4 | substance or is
distributed under circumstances which would | ||||||
5 | lead a reasonable person to
believe that the substance is a | ||||||
6 | controlled substance. For the purpose of
determining whether | ||||||
7 | the representations made or the circumstances of the
| ||||||
8 | distribution would lead a reasonable person to believe the | ||||||
9 | substance to be
a controlled substance under this clause (2) of | ||||||
10 | subsection (y), the court or
other authority may consider the | ||||||
11 | following factors in addition to any other
factor that may be | ||||||
12 | relevant:
| ||||||
13 | (a) statements made by the owner or person in control | ||||||
14 | of the substance
concerning its nature, use or effect;
| ||||||
15 | (b) statements made to the buyer or recipient that the | ||||||
16 | substance may
be resold for profit;
| ||||||
17 | (c) whether the substance is packaged in a manner | ||||||
18 | normally used for the
illegal distribution of controlled | ||||||
19 | substances;
| ||||||
20 | (d) whether the distribution or attempted distribution | ||||||
21 | included an
exchange of or demand for money or other | ||||||
22 | property as consideration, and
whether the amount of the | ||||||
23 | consideration was substantially greater than the
| ||||||
24 | reasonable retail market value of the substance.
| ||||||
25 | Clause (1) of this subsection (y) shall not apply to a | ||||||
26 | noncontrolled
substance in its finished dosage form that was |
| |||||||
| |||||||
1 | initially introduced into
commerce prior to the initial | ||||||
2 | introduction into commerce of a controlled
substance in its | ||||||
3 | finished dosage form which it may substantially resemble.
| ||||||
4 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
5 | distributing
of noncontrolled substances by persons authorized | ||||||
6 | to dispense and
distribute controlled substances under this | ||||||
7 | Act, provided that such action
would be deemed to be carried | ||||||
8 | out in good faith under subsection (u) if the
substances | ||||||
9 | involved were controlled substances.
| ||||||
10 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
11 | manufacture,
preparation, propagation, compounding, | ||||||
12 | processing, packaging, advertising
or distribution of a drug or | ||||||
13 | drugs by any person registered pursuant to
Section 510 of the | ||||||
14 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
15 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
16 | located in a state
of the United States, other than Illinois, | ||||||
17 | that delivers, dispenses or
distributes, through the United | ||||||
18 | States Postal Service or other common
carrier, to Illinois | ||||||
19 | residents, any substance which requires a prescription.
| ||||||
20 | (z) "Manufacture" means the production, preparation, | ||||||
21 | propagation,
compounding, conversion or processing of a | ||||||
22 | controlled substance other than methamphetamine, either
| ||||||
23 | directly or indirectly, by extraction from substances of | ||||||
24 | natural origin,
or independently by means of chemical | ||||||
25 | synthesis, or by a combination of
extraction and chemical | ||||||
26 | synthesis, and includes any packaging or
repackaging of the |
| |||||||
| |||||||
1 | substance or labeling of its container, except that
this term | ||||||
2 | does not include:
| ||||||
3 | (1) by an ultimate user, the preparation or compounding | ||||||
4 | of a
controlled substance for his own use; or
| ||||||
5 | (2) by a practitioner, or his authorized agent under | ||||||
6 | his
supervision, the preparation, compounding, packaging, | ||||||
7 | or labeling of a
controlled substance:
| ||||||
8 | (a) as an incident to his administering or | ||||||
9 | dispensing of a
controlled substance in the course of | ||||||
10 | his professional practice; or
| ||||||
11 | (b) as an incident to lawful research, teaching or | ||||||
12 | chemical
analysis and not for sale.
| ||||||
13 | (z-1) (Blank).
| ||||||
14 | (aa) "Narcotic drug" means any of the following, whether | ||||||
15 | produced
directly or indirectly by extraction from substances | ||||||
16 | of natural origin,
or independently by means of chemical | ||||||
17 | synthesis, or by a combination of
extraction and chemical | ||||||
18 | synthesis:
| ||||||
19 | (1) opium and opiate, and any salt, compound, | ||||||
20 | derivative, or
preparation of opium or opiate;
| ||||||
21 | (2) any salt, compound, isomer, derivative, or | ||||||
22 | preparation thereof
which is chemically equivalent or | ||||||
23 | identical with any of the substances
referred to in clause | ||||||
24 | (1), but not including the isoquinoline alkaloids
of opium;
| ||||||
25 | (3) opium poppy and poppy straw;
| ||||||
26 | (4) coca leaves and any salts, compound, isomer, salt |
| |||||||
| |||||||
1 | of an isomer,
derivative, or preparation of coca leaves | ||||||
2 | including cocaine or ecgonine,
and any salt, compound, | ||||||
3 | isomer, derivative, or preparation thereof which is
| ||||||
4 | chemically equivalent or identical with any of these | ||||||
5 | substances, but not
including decocainized coca leaves or | ||||||
6 | extractions of coca leaves which do
not contain cocaine or | ||||||
7 | ecgonine (for the purpose of this paragraph, the
term | ||||||
8 | "isomer" includes optical, positional and geometric | ||||||
9 | isomers).
| ||||||
10 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
11 | Nurse Practice Act.
| ||||||
12 | (cc) (Blank).
| ||||||
13 | (dd) "Opiate" means any substance having an addiction | ||||||
14 | forming or
addiction sustaining liability similar to morphine | ||||||
15 | or being capable of
conversion into a drug having addiction | ||||||
16 | forming or addiction sustaining
liability.
| ||||||
17 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
18 | somniferum L., except its seeds.
| ||||||
19 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
20 | Board of
the State of Illinois or its successor agency.
| ||||||
21 | (gg) "Person" means any individual, corporation, | ||||||
22 | mail-order pharmacy,
government or governmental subdivision or | ||||||
23 | agency, business trust, estate,
trust, partnership or | ||||||
24 | association, or any other entity.
| ||||||
25 | (hh) "Pharmacist" means any person who holds a license or | ||||||
26 | certificate of
registration as a registered pharmacist, a local |
| |||||||
| |||||||
1 | registered pharmacist
or a registered assistant pharmacist | ||||||
2 | under the Pharmacy Practice Act.
| ||||||
3 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
4 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
5 | Practice Act.
| ||||||
6 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
7 | the opium
poppy, after mowing.
| ||||||
8 | (kk) "Practitioner" means a physician licensed to practice | ||||||
9 | medicine in all
its branches, dentist, optometrist, | ||||||
10 | podiatrist,
veterinarian, scientific investigator, pharmacist, | ||||||
11 | physician assistant,
advanced practice nurse,
licensed | ||||||
12 | practical
nurse, registered nurse, hospital, laboratory, or | ||||||
13 | pharmacy, or other
person licensed, registered, or otherwise | ||||||
14 | lawfully permitted by the
United States or this State to | ||||||
15 | distribute, dispense, conduct research
with respect to, | ||||||
16 | administer or use in teaching or chemical analysis, a
| ||||||
17 | controlled substance in the course of professional practice or | ||||||
18 | research.
| ||||||
19 | (ll) "Pre-printed prescription" means a written | ||||||
20 | prescription upon which
the designated drug has been indicated | ||||||
21 | prior to the time of issuance.
| ||||||
22 | (mm) "Prescriber" means a physician licensed to practice | ||||||
23 | medicine in all
its branches, dentist, optometrist, podiatrist | ||||||
24 | or
veterinarian who issues a prescription, a physician | ||||||
25 | assistant who
issues a
prescription for a controlled substance
| ||||||
26 | in accordance
with Section 303.05, a written delegation, and a |
| |||||||
| |||||||
1 | written supervision agreement required under Section 7.5
of the
| ||||||
2 | Physician Assistant Practice Act of 1987, or an advanced | ||||||
3 | practice
nurse with prescriptive authority delegated under | ||||||
4 | Section 65-40 of the Nurse Practice Act and in accordance with | ||||||
5 | Section 303.05, a written delegation,
and a written
| ||||||
6 | collaborative agreement under Section 65-35 of the Nurse | ||||||
7 | Practice Act.
| ||||||
8 | (nn) "Prescription" means a lawful written, facsimile, or | ||||||
9 | verbal order
of
a physician licensed to practice medicine in | ||||||
10 | all its branches,
dentist, podiatrist or veterinarian for any | ||||||
11 | controlled
substance, of an optometrist for a Schedule III, IV, | ||||||
12 | or V controlled substance in accordance with Section 15.1 of | ||||||
13 | the Illinois Optometric Practice Act of 1987, of a physician | ||||||
14 | assistant for a
controlled substance
in accordance with Section | ||||||
15 | 303.05, a written delegation, and a written supervision | ||||||
16 | agreement required under
Section 7.5 of the
Physician Assistant | ||||||
17 | Practice Act of 1987, or of an advanced practice
nurse with | ||||||
18 | prescriptive authority delegated under Section 65-40 of the | ||||||
19 | Nurse Practice Act who issues a prescription for a
controlled | ||||||
20 | substance in accordance
with
Section 303.05, a written | ||||||
21 | delegation, and a written collaborative agreement under | ||||||
22 | Section 65-35 of the Nurse Practice Act.
| ||||||
23 | (oo) "Production" or "produce" means manufacture, | ||||||
24 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
25 | substance other than methamphetamine.
| ||||||
26 | (pp) "Registrant" means every person who is required to |
| |||||||
| |||||||
1 | register
under Section 302 of this Act.
| ||||||
2 | (qq) "Registry number" means the number assigned to each | ||||||
3 | person
authorized to handle controlled substances under the | ||||||
4 | laws of the United
States and of this State.
| ||||||
5 | (rr) "State" includes the State of Illinois and any state, | ||||||
6 | district,
commonwealth, territory, insular possession thereof, | ||||||
7 | and any area
subject to the legal authority of the United | ||||||
8 | States of America.
| ||||||
9 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
10 | a
controlled substance for his own use or for the use of a | ||||||
11 | member of his
household or for administering to an animal owned | ||||||
12 | by him or by a member
of his household.
| ||||||
13 | (Source: P.A. 95-242, eff. 1-1-08; 95-639, eff. 10-5-07; | ||||||
14 | 95-689, eff. 10-29-07; 95-876, eff. 8-21-08; 96-189, eff. | ||||||
15 | 8-10-09; 96-268, eff. 8-11-09.)
| ||||||
16 | (720 ILCS 570/214) (from Ch. 56 1/2, par. 1214)
| ||||||
17 | Sec. 214. Excluded Substances.
| ||||||
18 | (a) Products containing an anabolic steroid, that are | ||||||
19 | expressly intended
for administration
through implants to | ||||||
20 | cattle or other nonhuman species and that have been
approved by | ||||||
21 | the
Secretary of Health and Human Services (before January 1, | ||||||
22 | 2011) or the Director of Healthcare and Family Services (on or | ||||||
23 | after January 1, 2011) for that administration, and that are
| ||||||
24 | excluded
from all schedules
under Section 102(41)(B)(1) of the | ||||||
25 | federal Controlled Substances Act (21 U.S.C.
802(41)(B)(1)) |
| |||||||
| |||||||
1 | are also excluded from Sections 207 and 208 of this Act.
| ||||||
2 | (b) The non-narcotic substances excluded from all | ||||||
3 | schedules of
the Federal Controlled Substances Act (21 U.S.C. | ||||||
4 | 801 et seq.)
pursuant to Section 1308.22 of the Code of Federal
| ||||||
5 | Regulations (21 C.F.R. 1308.22), are excluded from all | ||||||
6 | schedules of this
Act.
| ||||||
7 | (Source: P.A. 91-714, eff. 6-2-00.)
| ||||||
8 | (720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
| ||||||
9 | Sec. 309. On or after April 1, 2000, no person shall issue | ||||||
10 | a
prescription for a Schedule II
controlled substance, which is | ||||||
11 | a narcotic drug listed in Section 206 of
this Act; or which | ||||||
12 | contains any quantity of amphetamine or
methamphetamine, their | ||||||
13 | salts, optical isomers or salts of optical
isomers; | ||||||
14 | phenmetrazine and its salts; gluthethimide; and pentazocine, | ||||||
15 | other than on a written
prescription; provided
that in the case | ||||||
16 | of an emergency, epidemic or a
sudden or unforeseen accident or | ||||||
17 | calamity, the prescriber may issue a
lawful oral prescription | ||||||
18 | where failure to
issue such a prescription might result in
loss | ||||||
19 | of life or intense suffering, but such oral prescription shall
| ||||||
20 | include a statement by the prescriber concerning the accident
| ||||||
21 | or calamity, or circumstances constituting the emergency, the | ||||||
22 | cause for
which an oral prescription was used. Within
7 days | ||||||
23 | after issuing an
emergency prescription, the prescriber shall | ||||||
24 | cause a written prescription for
the emergency quantity | ||||||
25 | prescribed to be delivered to
the dispensing pharmacist. The |
| |||||||
| |||||||
1 | prescription shall have written on its face
"Authorization for | ||||||
2 | Emergency Dispensing", and the date of the emergency
| ||||||
3 | prescription. The written prescription
may be delivered to the | ||||||
4 | pharmacist in person, or by mail, but if delivered
by mail it | ||||||
5 | must be postmarked within the 7-day period. Upon
receipt, the
| ||||||
6 | dispensing pharmacist shall attach this prescription to the | ||||||
7 | emergency oral
prescription earlier received and
reduced to | ||||||
8 | writing. The dispensing pharmacist shall notify the Department | ||||||
9 | of
Human Services (before January 1, 2011) or the Department of | ||||||
10 | Healthcare and Family Services (on or after January 1, 2011) if | ||||||
11 | the prescriber
fails to deliver the authorization for emergency | ||||||
12 | dispensing on the
prescription to him. Failure of the | ||||||
13 | dispensing pharmacist to do so
shall void the authority | ||||||
14 | conferred by this paragraph to dispense without a
written | ||||||
15 | prescription of a
prescriber. All prescriptions issued for | ||||||
16 | Schedule II controlled substances
shall include both a written | ||||||
17 | and numerical notation of quantity on the face
of the | ||||||
18 | prescription. No prescription for a Schedule II controlled | ||||||
19 | substance
may
be refilled. The Department shall provide, at no | ||||||
20 | cost, audit reviews and necessary information to the Department | ||||||
21 | of Professional Regulation in conjunction with ongoing | ||||||
22 | investigations being conducted in whole or part by the | ||||||
23 | Department of Professional Regulation.
| ||||||
24 | (Source: P.A. 95-689, eff. 10-29-07.)
| ||||||
25 | (720 ILCS 570/320)
|
| |||||||
| |||||||
1 | Sec. 320. Advisory committee.
| ||||||
2 | (a) The Secretary of Human Services (before January 1, | ||||||
3 | 2011) or the Director of Healthcare and Family Services (on or | ||||||
4 | after January 1, 2011) must appoint an advisory committee to
| ||||||
5 | assist the Department in implementing the controlled substance
| ||||||
6 | prescription
monitoring program created by Section 316 and 321 | ||||||
7 | of this Act.
The Advisory Committee consists of prescribers and | ||||||
8 | dispensers.
| ||||||
9 | (b) The Secretary of Human Services or the Director of | ||||||
10 | Healthcare and Family Services must determine the number of | ||||||
11 | members to
serve on the advisory committee. The Secretary or | ||||||
12 | the Director must choose one of the members
of the advisory | ||||||
13 | committee to serve as chair of the committee.
| ||||||
14 | (c) The advisory committee may appoint its other officers | ||||||
15 | as it deems
appropriate.
| ||||||
16 | (d) The members of the advisory committee shall receive no | ||||||
17 | compensation for
their services as members of the advisory | ||||||
18 | committee but may be reimbursed for
their actual expenses | ||||||
19 | incurred in serving on the advisory committee.
| ||||||
20 | (Source: P.A. 95-442, eff. 1-1-08.)
| ||||||
21 | (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
| ||||||
22 | Sec. 410. (a) Whenever any person who has not previously | ||||||
23 | been convicted
of, or placed on probation or court supervision | ||||||
24 | for any offense under this
Act or any law of the United States | ||||||
25 | or of any State relating to cannabis
or controlled substances, |
| |||||||
| |||||||
1 | pleads guilty to or is found guilty of possession
of a | ||||||
2 | controlled or counterfeit substance under subsection (c) of | ||||||
3 | Section
402 or of unauthorized possession of prescription form | ||||||
4 | under Section 406.2, the court, without entering a judgment and | ||||||
5 | with the consent of such
person, may sentence him to probation.
| ||||||
6 | (b) When a person is placed on probation, the court shall | ||||||
7 | enter an order
specifying a period of probation of 24 months | ||||||
8 | and shall defer further
proceedings in the case until the | ||||||
9 | conclusion of the period or until the
filing of a petition | ||||||
10 | alleging violation of a term or condition of probation.
| ||||||
11 | (c) The conditions of probation shall be that the person: | ||||||
12 | (1) not
violate any criminal statute of any jurisdiction; (2) | ||||||
13 | refrain from
possessing a firearm or other dangerous weapon; | ||||||
14 | (3) submit to periodic drug
testing at a time and in a manner | ||||||
15 | as ordered by the court, but no less than 3
times during the | ||||||
16 | period of the probation, with the cost of the testing to be
| ||||||
17 | paid by the probationer; and (4) perform no less than 30 hours | ||||||
18 | of community
service, provided community service is available | ||||||
19 | in the jurisdiction and is
funded
and approved by the county | ||||||
20 | board.
| ||||||
21 | (d) The court may, in addition to other conditions, require | ||||||
22 | that the person:
| ||||||
23 | (1) make a report to and appear in person before or | ||||||
24 | participate with the
court or such courts, person, or | ||||||
25 | social service agency as directed by the
court in the order | ||||||
26 | of probation;
|
| |||||||
| |||||||
1 | (2) pay a fine and costs;
| ||||||
2 | (3) work or pursue a course of study or vocational
| ||||||
3 | training;
| ||||||
4 | (4) undergo medical or psychiatric treatment; or | ||||||
5 | treatment or
rehabilitation approved by the Illinois | ||||||
6 | Department of Human Services or the Department of | ||||||
7 | Healthcare and Family Services ;
| ||||||
8 | (5) attend or reside in a facility established for the | ||||||
9 | instruction or
residence of defendants on probation;
| ||||||
10 | (6) support his dependents;
| ||||||
11 | (6-5) refrain from having in his or her body the | ||||||
12 | presence of any illicit
drug prohibited by the Cannabis | ||||||
13 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
14 | Methamphetamine Control and Community Protection Act, | ||||||
15 | unless prescribed by a physician, and submit samples of
his | ||||||
16 | or her blood or urine or both for tests to determine the | ||||||
17 | presence of any
illicit drug;
| ||||||
18 | (7) and in addition, if a minor:
| ||||||
19 | (i) reside with his parents or in a foster home;
| ||||||
20 | (ii) attend school;
| ||||||
21 | (iii) attend a non-residential program for youth;
| ||||||
22 | (iv) contribute to his own support at home or in a | ||||||
23 | foster home.
| ||||||
24 | (e) Upon violation of a term or condition of probation, the | ||||||
25 | court
may enter a judgment on its original finding of guilt and | ||||||
26 | proceed as
otherwise provided.
|
| |||||||
| |||||||
1 | (f) Upon fulfillment of the terms and conditions of | ||||||
2 | probation, the court
shall discharge the person and dismiss the | ||||||
3 | proceedings against him.
| ||||||
4 | (g) A disposition of probation is considered to be a | ||||||
5 | conviction
for the purposes of imposing the conditions of | ||||||
6 | probation and for appeal,
however, discharge and dismissal | ||||||
7 | under this Section is not a conviction for
purposes of this Act | ||||||
8 | or for purposes of disqualifications or disabilities
imposed by | ||||||
9 | law upon conviction of a crime.
| ||||||
10 | (h) There may be only one discharge and dismissal under | ||||||
11 | this Section,
Section 10 of the Cannabis Control Act, or | ||||||
12 | Section 70 of the Methamphetamine Control and Community | ||||||
13 | Protection Act with respect to any person.
| ||||||
14 | (i) If a person is convicted of an offense under this Act, | ||||||
15 | the Cannabis
Control Act, or the Methamphetamine Control and | ||||||
16 | Community Protection Act within 5 years
subsequent to a | ||||||
17 | discharge and dismissal under this Section, the discharge and
| ||||||
18 | dismissal under this Section shall be admissible in the | ||||||
19 | sentencing proceeding
for that conviction
as evidence in | ||||||
20 | aggravation.
| ||||||
21 | (Source: P.A. 94-556, eff. 9-11-05; 95-487, eff. 1-1-08.)
| ||||||
22 | (720 ILCS 570/411.2) (from Ch. 56 1/2, par. 1411.2)
| ||||||
23 | Sec. 411.2.
(a) Every person convicted of a violation of | ||||||
24 | this Act, and
every person placed on probation, conditional | ||||||
25 | discharge, supervision or
probation under Section 410 of this |
| |||||||
| |||||||
1 | Act, shall be assessed for each offense
a sum fixed at:
| ||||||
2 | (1) $3,000 for a Class X felony;
| ||||||
3 | (2) $2,000 for a Class 1 felony;
| ||||||
4 | (3) $1,000 for a Class 2 felony;
| ||||||
5 | (4) $500 for a Class 3 or Class 4 felony;
| ||||||
6 | (5) $300 for a Class A misdemeanor;
| ||||||
7 | (6) $200 for a Class B or Class C misdemeanor.
| ||||||
8 | (b) The assessment under this Section is in addition to and | ||||||
9 | not in lieu
of any fines, restitution costs, forfeitures or | ||||||
10 | other assessments
authorized or required by law.
| ||||||
11 | (c) As a condition of the assessment, the court may require | ||||||
12 | that payment
be made in specified installments or within a | ||||||
13 | specified period of time. If
the assessment is not paid within | ||||||
14 | the period of probation, conditional
discharge or supervision | ||||||
15 | to which the defendant was originally sentenced,
the court may | ||||||
16 | extend the period of probation, conditional discharge or
| ||||||
17 | supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified | ||||||
18 | Code of
Corrections, as applicable, until the assessment is | ||||||
19 | paid or until
successful completion of public or community | ||||||
20 | service set forth in
subsection (e) or the successful | ||||||
21 | completion of the substance abuse
intervention or treatment | ||||||
22 | program set forth in subsection (f). If a term
of probation, | ||||||
23 | conditional discharge or supervision is not imposed, the
| ||||||
24 | assessment shall be payable upon judgment or as directed by the | ||||||
25 | court.
| ||||||
26 | (d) If an assessment for a violation of this Act is imposed |
| |||||||
| |||||||
1 | on an
organization, it is the duty of each individual | ||||||
2 | authorized to make
disbursements of the assets of the | ||||||
3 | organization to pay the assessment from
assets of the | ||||||
4 | organization.
| ||||||
5 | (e) A defendant who has been ordered to pay an assessment | ||||||
6 | may petition
the court to convert all or part of the assessment | ||||||
7 | into court-approved
public or community service. One hour of | ||||||
8 | public or community service shall
be equivalent to $4 of | ||||||
9 | assessment. The performance of this public or
community service | ||||||
10 | shall be a condition of the probation, conditional
discharge or | ||||||
11 | supervision and shall be in addition to the performance of any
| ||||||
12 | other period of public or community service ordered by the | ||||||
13 | court or required
by law.
| ||||||
14 | (f) The court may suspend the collection of the assessment | ||||||
15 | imposed
under this Section; provided the defendant agrees to | ||||||
16 | enter a substance
abuse intervention or treatment program | ||||||
17 | approved by the court; and further
provided that the defendant | ||||||
18 | agrees to pay for all or some portion of the
costs associated | ||||||
19 | with the intervention or treatment program. In this case,
the | ||||||
20 | collection of the assessment imposed under this Section shall | ||||||
21 | be
suspended during the defendant's participation in the | ||||||
22 | approved
intervention or treatment program. Upon successful | ||||||
23 | completion of the
program, the defendant may apply to the court | ||||||
24 | to reduce the assessment
imposed under this Section by any | ||||||
25 | amount actually paid by the defendant for
his participation in | ||||||
26 | the program. The court shall not reduce the penalty
under this |
| |||||||
| |||||||
1 | subsection unless the defendant establishes to the | ||||||
2 | satisfaction
of the court that he has successfully completed | ||||||
3 | the intervention or
treatment program. If the defendant's | ||||||
4 | participation is for any reason
terminated before his | ||||||
5 | successful completion of the intervention or
treatment | ||||||
6 | program, collection of the entire assessment imposed under this
| ||||||
7 | Section shall be enforced. Nothing in this Section shall be | ||||||
8 | deemed to
affect or suspend any other fines, restitution costs, | ||||||
9 | forfeitures or
assessments imposed under this or any other Act.
| ||||||
10 | (g) The court shall not impose more than one assessment per | ||||||
11 | complaint,
indictment or information. If the person is | ||||||
12 | convicted of more than one
offense in a complaint, indictment | ||||||
13 | or information, the assessment shall be
based on the highest | ||||||
14 | class offense for which the person is convicted.
| ||||||
15 | (h) In counties under 3,000,000, all moneys collected under | ||||||
16 | this Section
shall be forwarded by the clerk of the circuit | ||||||
17 | court to the State Treasurer
for deposit in the Drug Treatment | ||||||
18 | Fund, which is hereby established as a
special fund within the | ||||||
19 | State Treasury. The Department of Human Services (before | ||||||
20 | January 1, 2011) or the Department of Healthcare and Family | ||||||
21 | Services (on or after January 1, 2011) may make grants to | ||||||
22 | persons licensed under
Section 15-10 of
the Alcoholism and | ||||||
23 | Other Drug Abuse and Dependency Act or to
municipalities
or | ||||||
24 | counties from funds appropriated to the Department from the | ||||||
25 | Drug
Treatment Fund for the treatment of pregnant women who are | ||||||
26 | addicted to
alcohol, cannabis or controlled substances and for |
| |||||||
| |||||||
1 | the needed care of
minor, unemancipated children of women | ||||||
2 | undergoing residential drug
treatment. If the Department of | ||||||
3 | Human Services or the Department of Healthcare and Family | ||||||
4 | Services grants funds
to a municipality or a county that the | ||||||
5 | Department determines is not
experiencing a problem with | ||||||
6 | pregnant women addicted to alcohol, cannabis or
controlled | ||||||
7 | substances, or with care for minor, unemancipated children of
| ||||||
8 | women undergoing residential drug treatment, or intervention, | ||||||
9 | the funds
shall be used for the treatment of any person | ||||||
10 | addicted to alcohol, cannabis
or controlled substances. The | ||||||
11 | Department may adopt such rules as it deems
appropriate for the | ||||||
12 | administration of such grants.
| ||||||
13 | (i) In counties over 3,000,000, all moneys collected under | ||||||
14 | this Section
shall be forwarded to the County Treasurer for | ||||||
15 | deposit into the County
Health Fund. The County Treasurer | ||||||
16 | shall, no later than the
15th day of each month, forward to the | ||||||
17 | State Treasurer 30 percent of all
moneys collected under this | ||||||
18 | Act and received into the County Health
Fund since the prior | ||||||
19 | remittance to the State Treasurer.
Funds retained by the County | ||||||
20 | shall be used for community-based treatment of
pregnant women | ||||||
21 | who are addicted to alcohol, cannabis, or controlled
substances | ||||||
22 | or for the needed care of minor, unemancipated children of | ||||||
23 | these
women. Funds forwarded to the State Treasurer shall be | ||||||
24 | deposited into the
State Drug Treatment Fund maintained by the | ||||||
25 | State Treasurer from which the
Department of Human Services | ||||||
26 | (before January 1, 2011) or the Department of Healthcare and |
| |||||||
| |||||||
1 | Family Services (on or after January 1, 2011) may make
grants | ||||||
2 | to persons licensed under Section 15-10 of the Alcoholism and
| ||||||
3 | Other Drug
Abuse and Dependency Act or to municipalities or | ||||||
4 | counties from funds
appropriated to
the Department from the | ||||||
5 | Drug Treatment Fund, provided that the moneys
collected from | ||||||
6 | each county be returned proportionately to the counties
through | ||||||
7 | grants to licensees located within the county from which the
| ||||||
8 | assessment was received and moneys in the State Drug Treatment | ||||||
9 | Fund shall
not supplant other local, State or federal funds. If | ||||||
10 | the Department of Human
Services or the Department of | ||||||
11 | Healthcare and Family Services grants funds to a
municipality | ||||||
12 | or county that the Department determines is not experiencing a
| ||||||
13 | problem with pregnant women addicted to alcohol, cannabis or | ||||||
14 | controlled
substances, or with care for minor, unemancipated | ||||||
15 | children or women
undergoing residential drug treatment, the | ||||||
16 | funds shall be used for the
treatment of any person addicted to | ||||||
17 | alcohol, cannabis or controlled
substances. The Department may | ||||||
18 | adopt such rules as it deems appropriate
for the administration | ||||||
19 | of such grants.
| ||||||
20 | (Source: P.A. 88-670, eff. 12-2-94; 89-215, eff. 1-1-96; | ||||||
21 | 89-507, eff.
7-1-97.)
| ||||||
22 | (720 ILCS 570/507) (from Ch. 56 1/2, par. 1507)
| ||||||
23 | Sec. 507.
All rulings, final determinations, findings, and | ||||||
24 | conclusions of
the Department of State Police, the Department | ||||||
25 | of Professional Regulation, and
the Department of Human |
| |||||||
| |||||||
1 | Services , and the Department of Healthcare and Family Services | ||||||
2 | of the State of Illinois under this Act are
final and
| ||||||
3 | conclusive decisions of the matters involved. Any person | ||||||
4 | aggrieved by the
decision may obtain review of the decision | ||||||
5 | pursuant to the provisions of
the Administrative Review Law, as | ||||||
6 | amended and the rules adopted pursuant
thereto. Pending final | ||||||
7 | decision on such review, the acts, orders
and rulings of the | ||||||
8 | Department shall remain in full force and effect unless
| ||||||
9 | modified or suspended by order of court pending final judicial | ||||||
10 | decision.
Pending final decision on such review, the acts, | ||||||
11 | orders, sanctions and rulings
of the Department of Professional | ||||||
12 | Regulation regarding any registration
shall remain in full | ||||||
13 | force and effect, unless stayed by order of court.
However, no | ||||||
14 | stay of any decision of the administrative agency shall issue
| ||||||
15 | unless the person aggrieved by the decision establishes by a | ||||||
16 | preponderance
of the evidence that good cause exists therefor. | ||||||
17 | In determining good cause,
the court shall find that the | ||||||
18 | aggrieved party has established a substantial
likelihood of | ||||||
19 | prevailing on the merits and that granting the stay will not
| ||||||
20 | have an injurious effect on the general public. Good cause | ||||||
21 | shall not be
established solely on the basis of hardships | ||||||
22 | resulting from an inability
to engage in the registered | ||||||
23 | activity pending a final judicial decision.
| ||||||
24 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
25 | Section 1155. The Methamphetamine Control and Community |
| |||||||
| |||||||
1 | Protection Act is amended by changing Sections 70 and 80 as | ||||||
2 | follows:
| ||||||
3 | (720 ILCS 646/70)
| ||||||
4 | Sec. 70. Probation. | ||||||
5 | (a) Whenever any person who has not previously been | ||||||
6 | convicted of, or placed on probation or court supervision for | ||||||
7 | any offense under this Act, the Illinois Controlled Substances | ||||||
8 | Act, the Cannabis Control Act, or any law of the United States | ||||||
9 | or of any state relating to cannabis or controlled substances, | ||||||
10 | pleads guilty to or is found guilty of possession of less than | ||||||
11 | 15 grams of methamphetamine under paragraph (1) or (2) of | ||||||
12 | subsection (b) of Section 60 of this Act, the court, without | ||||||
13 | entering a judgment and with the consent of the person, may | ||||||
14 | sentence him or her to probation.
| ||||||
15 | (b) When a person is placed on probation, the court shall | ||||||
16 | enter an order specifying a period of probation of 24 months | ||||||
17 | and shall defer further proceedings in the case until the | ||||||
18 | conclusion of the period or until the filing of a petition | ||||||
19 | alleging violation of a term or condition of probation.
| ||||||
20 | (c) The conditions of probation shall be that the person: | ||||||
21 | (1) not violate any criminal statute of any | ||||||
22 | jurisdiction; | ||||||
23 | (2) refrain from possessing a firearm or other | ||||||
24 | dangerous weapon; | ||||||
25 | (3) submit to periodic drug testing at a time and in a |
| |||||||
| |||||||
1 | manner as ordered by the court, but no less than 3 times | ||||||
2 | during the period of the probation, with the cost of the | ||||||
3 | testing to be paid by the probationer; and | ||||||
4 | (4) perform no less than 30 hours of community service, | ||||||
5 | if community service is available in the jurisdiction and | ||||||
6 | is funded and approved by the county board.
| ||||||
7 | (d) The court may, in addition to other conditions, require | ||||||
8 | that the person take one or more of the following actions:
| ||||||
9 | (1) make a report to and appear in person before or | ||||||
10 | participate with the court or such courts, person, or | ||||||
11 | social service agency as directed by the court in the order | ||||||
12 | of probation;
| ||||||
13 | (2) pay a fine and costs;
| ||||||
14 | (3) work or pursue a course of study or vocational | ||||||
15 | training;
| ||||||
16 | (4) undergo medical or psychiatric treatment; or | ||||||
17 | treatment or rehabilitation approved by the Illinois | ||||||
18 | Department of Human Services or the Department of | ||||||
19 | Healthcare and Family Services ;
| ||||||
20 | (5) attend or reside in a facility established for the | ||||||
21 | instruction or residence of defendants on probation;
| ||||||
22 | (6) support his or her dependents;
| ||||||
23 | (7) refrain from having in his or her body the presence | ||||||
24 | of any illicit drug prohibited by this Act, the Cannabis | ||||||
25 | Control Act, or the Illinois Controlled Substances Act, | ||||||
26 | unless prescribed by a physician, and submit samples of his |
| |||||||
| |||||||
1 | or her blood or urine or both for tests to determine the | ||||||
2 | presence of any illicit drug; or
| ||||||
3 | (8) if a minor:
| ||||||
4 | (i) reside with his or her parents or in a foster | ||||||
5 | home;
| ||||||
6 | (ii) attend school;
| ||||||
7 | (iii) attend a non-residential program for youth; | ||||||
8 | or
| ||||||
9 | (iv) contribute to his or her own support at home | ||||||
10 | or in a foster home.
| ||||||
11 | (e) Upon violation of a term or condition of probation, the | ||||||
12 | court may enter a judgment on its original finding of guilt and | ||||||
13 | proceed as otherwise provided.
| ||||||
14 | (f) Upon fulfillment of the terms and conditions of | ||||||
15 | probation, the court shall discharge the person and dismiss the | ||||||
16 | proceedings against the person.
| ||||||
17 | (g) A disposition of probation is considered to be a | ||||||
18 | conviction for the purposes of imposing the conditions of | ||||||
19 | probation and for appeal, however, discharge and dismissal | ||||||
20 | under this Section is not a conviction for purposes of this Act | ||||||
21 | or for purposes of disqualifications or disabilities imposed by | ||||||
22 | law upon conviction of a crime.
| ||||||
23 | (h) There may be only one discharge and dismissal under | ||||||
24 | this Section, Section 410 of the Illinois Controlled Substances | ||||||
25 | Act, or Section 10 of the Cannabis Control Act with respect to | ||||||
26 | any person.
|
| |||||||
| |||||||
1 | (i) If a person is convicted of an offense under this Act, | ||||||
2 | the Cannabis Control Act, or the Illinois Controlled Substances | ||||||
3 | Act within 5 years subsequent to a discharge and dismissal | ||||||
4 | under this Section, the discharge and dismissal under this | ||||||
5 | Section are admissible in the sentencing proceeding for that | ||||||
6 | conviction as evidence in aggravation.
| ||||||
7 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
8 | (720 ILCS 646/80)
| ||||||
9 | Sec. 80. Assessment. | ||||||
10 | (a) Every person convicted of a violation of this Act, and | ||||||
11 | every person placed on probation, conditional discharge, | ||||||
12 | supervision, or probation under this Act, shall be assessed for | ||||||
13 | each offense a sum fixed at:
| ||||||
14 | (1) $3,000 for a Class X felony;
| ||||||
15 | (2) $2,000 for a Class 1 felony;
| ||||||
16 | (3) $1,000 for a Class 2 felony;
| ||||||
17 | (4) $500 for a Class 3 or Class 4 felony. | ||||||
18 | (b) The assessment under this Section is in addition to and | ||||||
19 | not in lieu of any fines, restitution, costs, forfeitures, or | ||||||
20 | other assessments authorized or required by law.
| ||||||
21 | (c) As a condition of the assessment, the court may require | ||||||
22 | that payment be made in specified installments or within a | ||||||
23 | specified period of time. If the assessment is not paid within | ||||||
24 | the period of probation, conditional discharge, or supervision | ||||||
25 | to which the defendant was originally sentenced, the court may |
| |||||||
| |||||||
1 | extend the period of probation, conditional discharge, or | ||||||
2 | supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified | ||||||
3 | Code of Corrections, as applicable, until the assessment is | ||||||
4 | paid or until successful completion of public or community | ||||||
5 | service set forth in subsection (e) or the successful | ||||||
6 | completion of the substance abuse intervention or treatment | ||||||
7 | program set forth in subsection (f). If a term of probation, | ||||||
8 | conditional discharge, or supervision is not imposed, the | ||||||
9 | assessment shall be payable upon judgment or as directed by the | ||||||
10 | court.
| ||||||
11 | (d) If an assessment for a violation of this Act is imposed | ||||||
12 | on an organization, it is the duty of each individual | ||||||
13 | authorized to make disbursements of the assets of the | ||||||
14 | organization to pay the assessment from assets of the | ||||||
15 | organization.
| ||||||
16 | (e) A defendant who has been ordered to pay an assessment | ||||||
17 | may petition the court to convert all or part of the assessment | ||||||
18 | into court-approved public or community service. One hour of | ||||||
19 | public or community service shall be equivalent to $4 of | ||||||
20 | assessment. The performance of this public or community service | ||||||
21 | shall be a condition of the probation, conditional discharge, | ||||||
22 | or supervision and shall be in addition to the performance of | ||||||
23 | any other period of public or community service ordered by the | ||||||
24 | court or required by law.
| ||||||
25 | (f) The court may suspend the collection of the assessment | ||||||
26 | imposed under this Section if the defendant agrees to enter a |
| |||||||
| |||||||
1 | substance abuse intervention or treatment program approved by | ||||||
2 | the court and the defendant agrees to pay for all or some | ||||||
3 | portion of the costs associated with the intervention or | ||||||
4 | treatment program. In this case, the collection of the | ||||||
5 | assessment imposed under this Section shall be suspended during | ||||||
6 | the defendant's participation in the approved intervention or | ||||||
7 | treatment program. Upon successful completion of the program, | ||||||
8 | the defendant may apply to the court to reduce the assessment | ||||||
9 | imposed under this Section by any amount actually paid by the | ||||||
10 | defendant for his or her participation in the program. The | ||||||
11 | court shall not reduce the penalty under this subsection unless | ||||||
12 | the defendant establishes to the satisfaction of the court that | ||||||
13 | he or she has successfully completed the intervention or | ||||||
14 | treatment program. If the defendant's participation is for any | ||||||
15 | reason terminated before his or her successful completion of | ||||||
16 | the intervention or treatment program, collection of the entire | ||||||
17 | assessment imposed under this Section shall be enforced. | ||||||
18 | Nothing in this Section shall be deemed to affect or suspend | ||||||
19 | any other fines, restitution costs, forfeitures, or | ||||||
20 | assessments imposed under this or any other Act.
| ||||||
21 | (g) The court shall not impose more than one assessment per | ||||||
22 | complaint, indictment, or information. If the person is | ||||||
23 | convicted of more than one offense in a complaint, indictment, | ||||||
24 | or information, the assessment shall be based on the highest | ||||||
25 | class offense for which the person is convicted.
| ||||||
26 | (h) In counties with a population under 3,000,000, all |
| |||||||
| |||||||
1 | moneys collected under this Section shall be forwarded by the | ||||||
2 | clerk of the circuit court to the State Treasurer for deposit | ||||||
3 | in the Drug Treatment Fund. The Department of Human Services | ||||||
4 | (before January 1, 2011) or the Department of Healthcare and | ||||||
5 | Family Services (on or after January 1, 2011) may make grants | ||||||
6 | to persons licensed under Section 15-10 of the Alcoholism and | ||||||
7 | Other Drug Abuse and Dependency Act or to municipalities or | ||||||
8 | counties from funds appropriated to the Department from the | ||||||
9 | Drug Treatment Fund for the treatment of pregnant women who are | ||||||
10 | addicted to alcohol, cannabis or controlled substances and for | ||||||
11 | the needed care of minor, unemancipated children of women | ||||||
12 | undergoing residential drug treatment. If the Department of | ||||||
13 | Human Services or the Department of Healthcare and Family | ||||||
14 | Services grants funds to a municipality or a county that the | ||||||
15 | Department determines is not experiencing a problem with | ||||||
16 | pregnant women addicted to alcohol, cannabis or controlled | ||||||
17 | substances, or with care for minor, unemancipated children of | ||||||
18 | women undergoing residential drug treatment, or intervention, | ||||||
19 | the funds shall be used for the treatment of any person | ||||||
20 | addicted to alcohol, cannabis, or controlled substances. The | ||||||
21 | Department may adopt such rules as it deems appropriate for the | ||||||
22 | administration of such grants.
| ||||||
23 | (i) In counties with a population of 3,000,000 or more, all | ||||||
24 | moneys collected under this Section shall be forwarded to the | ||||||
25 | County Treasurer for deposit into the County Health Fund. The | ||||||
26 | County Treasurer shall, no later than the 15th day of each |
| |||||||
| |||||||
1 | month, forward to the State Treasurer 30 percent of all moneys | ||||||
2 | collected under this Act and received into the County Health | ||||||
3 | Fund since the prior remittance to the State Treasurer. Funds | ||||||
4 | retained by the County shall be used for community-based | ||||||
5 | treatment of pregnant women who are addicted to alcohol, | ||||||
6 | cannabis, or controlled substances or for the needed care of | ||||||
7 | minor, unemancipated children of these women. Funds forwarded | ||||||
8 | to the State Treasurer shall be deposited into the State Drug | ||||||
9 | Treatment Fund maintained by the State Treasurer from which the | ||||||
10 | Department of Human Services (before January 1, 2011) or the | ||||||
11 | Department of Healthcare and Family Services (on or after | ||||||
12 | January 1, 2011) may make grants to persons licensed under | ||||||
13 | Section 15-10 of the Alcoholism and Other Drug Abuse and | ||||||
14 | Dependency Act or to municipalities or counties from funds | ||||||
15 | appropriated to the Department from the Drug Treatment Fund, | ||||||
16 | provided that the moneys collected from each county be returned | ||||||
17 | proportionately to the counties through grants to licensees | ||||||
18 | located within the county from which the assessment was | ||||||
19 | received and moneys in the State Drug Treatment Fund shall not | ||||||
20 | supplant other local, State or federal funds. If the Department | ||||||
21 | of Human Services or the Department of Healthcare and Family | ||||||
22 | Services grants funds to a municipality or county that the | ||||||
23 | Department determines is not experiencing a problem with | ||||||
24 | pregnant women addicted to alcohol, cannabis or controlled | ||||||
25 | substances, or with care for minor, unemancipated children or | ||||||
26 | women undergoing residential drug treatment, the funds shall be |
| |||||||
| |||||||
1 | used for the treatment of any person addicted to alcohol, | ||||||
2 | cannabis or controlled substances. The Department may adopt | ||||||
3 | such rules as it deems appropriate for the administration of | ||||||
4 | such grants.
| ||||||
5 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
6 | Section 1160. The Code of Criminal Procedure of 1963 is | ||||||
7 | amended by changing Sections 104-13, 104-17, 104-23, 104-24, | ||||||
8 | 104-25, 104-26, 104-30, 104-31, 110-5, and 110-6.3 as follows:
| ||||||
9 | (725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
| ||||||
10 | Sec. 104-13. Fitness Examination.
| ||||||
11 | (a) When the issue of fitness involves
the defendant's | ||||||
12 | mental condition, the court shall order an examination of
the | ||||||
13 | defendant by one or more licensed physicians, clinical | ||||||
14 | psychologists,
or psychiatrists chosen by the court. No | ||||||
15 | physician, clinical
psychologist or psychiatrist employed by | ||||||
16 | the Department of Human Services (before January 1, 2011) or | ||||||
17 | the Department of Healthcare and Family Services (on or after | ||||||
18 | January 1, 2011) shall
be ordered to perform,
in his official | ||||||
19 | capacity, an examination under this Section.
| ||||||
20 | (b) If the issue of fitness involves the defendant's | ||||||
21 | physical condition,
the court shall appoint one or more | ||||||
22 | physicians and in addition, such other
experts as it may deem | ||||||
23 | appropriate to examine the defendant and to report
to the court | ||||||
24 | regarding the defendant's condition.
|
| |||||||
| |||||||
1 | (c) An examination ordered under this Section shall be | ||||||
2 | given at the place
designated by the person who will conduct | ||||||
3 | the examination, except that if
the defendant is being held in | ||||||
4 | custody, the examination shall take place
at such location as | ||||||
5 | the court directs. No examinations under this
Section shall be | ||||||
6 | ordered to take place at mental health or developmental
| ||||||
7 | disabilities facilities operated by the Department of Human | ||||||
8 | Services or the Department of Healthcare and Family Services .
| ||||||
9 | If the defendant fails to keep appointments
without reasonable | ||||||
10 | cause or if the person conducting the examination reports
to | ||||||
11 | the court that diagnosis requires hospitalization or extended | ||||||
12 | observation,
the court may order the defendant admitted to an | ||||||
13 | appropriate facility for
an examination, other than a screening | ||||||
14 | examination, for not more than 7
days. The court may, upon a | ||||||
15 | showing of good cause, grant an additional
7 days to complete | ||||||
16 | the examination.
| ||||||
17 | (d) Release on bail or on recognizance shall not be revoked | ||||||
18 | and an
application therefor shall not be denied on the grounds | ||||||
19 | that an examination
has been ordered.
| ||||||
20 | (e) Upon request by the defense and if the defendant is | ||||||
21 | indigent, the
court may appoint, in addition to the expert or | ||||||
22 | experts chosen pursuant to
subsection (a) of this Section, a | ||||||
23 | qualified expert selected by the defendant
to examine him and | ||||||
24 | to make a report as provided in Section 104-15. Upon
the filing | ||||||
25 | with the court of a verified statement of services rendered, | ||||||
26 | the
court shall enter an order on the county board to pay such |
| |||||||
| |||||||
1 | expert a
reasonable fee stated in the order.
| ||||||
2 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
3 | (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
| ||||||
4 | Sec. 104-17. Commitment for Treatment; Treatment Plan.
| ||||||
5 | (a) If the defendant
is eligible to be or has been released | ||||||
6 | on bail or on his own recognizance,
the court shall select the | ||||||
7 | least physically restrictive form of treatment
therapeutically | ||||||
8 | appropriate and consistent with the treatment plan.
| ||||||
9 | (b) If the defendant's disability is mental, the court may | ||||||
10 | order him placed
for treatment in the custody of the Department | ||||||
11 | of Human Services (before January 1, 2011) or the Department of | ||||||
12 | Healthcare and Family Services (on or after January 1, 2011) , | ||||||
13 | or the court may order him placed in
the custody of any other
| ||||||
14 | appropriate public or private mental health facility or | ||||||
15 | treatment program
which has agreed to provide treatment to the | ||||||
16 | defendant. If the defendant
is placed in the custody of the | ||||||
17 | Department of Human Services or the Department of Healthcare | ||||||
18 | and Family Services , the defendant shall be placed in a
secure | ||||||
19 | setting unless the
court determines that
there are compelling | ||||||
20 | reasons why such placement is not necessary. During
the period | ||||||
21 | of time required to determine the appropriate placement the
| ||||||
22 | defendant shall remain in jail. If upon the completion of the | ||||||
23 | placement process the Department of Human Services or the | ||||||
24 | Department of Healthcare and Family Services determines that | ||||||
25 | the defendant is currently fit to stand trial, it shall |
| |||||||
| |||||||
1 | immediately notify the court and shall submit a written report | ||||||
2 | within 7 days. In that circumstance the placement shall be held | ||||||
3 | pending a court hearing on the Department's report. Otherwise, | ||||||
4 | upon completion of the placement process, the
sheriff shall be | ||||||
5 | notified and shall transport the defendant to the designated
| ||||||
6 | facility. The placement may be ordered either on an inpatient | ||||||
7 | or an outpatient
basis.
| ||||||
8 | (c) If the defendant's disability is physical, the court | ||||||
9 | may order him
placed under the supervision of the Department of | ||||||
10 | Human
Services
which shall place and maintain the defendant in | ||||||
11 | a suitable treatment facility
or program, or the court may | ||||||
12 | order him placed in an appropriate public or
private facility | ||||||
13 | or treatment program which has agreed to provide treatment
to | ||||||
14 | the defendant. The placement may be ordered either on an | ||||||
15 | inpatient or
an outpatient basis.
| ||||||
16 | (d) The clerk of the circuit court shall transmit to the | ||||||
17 | Department, agency
or institution, if any, to which the | ||||||
18 | defendant is remanded for treatment, the
following:
| ||||||
19 | (1) a certified copy of the order to undergo treatment;
| ||||||
20 | (2) the county and municipality in which the offense | ||||||
21 | was committed;
| ||||||
22 | (3) the county and municipality in which the arrest | ||||||
23 | took place; | ||||||
24 | (4) a copy of the arrest report, criminal charges, | ||||||
25 | arrest record, jail record, and the report prepared under | ||||||
26 | Section 104-15; and
|
| |||||||
| |||||||
1 | (5) all additional matters which the Court directs the | ||||||
2 | clerk to transmit.
| ||||||
3 | (e) Within 30 days of entry of an order to undergo | ||||||
4 | treatment, the person
supervising the defendant's treatment | ||||||
5 | shall file with the court, the State,
and the defense a report | ||||||
6 | assessing the facility's or program's capacity
to provide | ||||||
7 | appropriate treatment for the defendant and indicating his | ||||||
8 | opinion
as to the probability of the defendant's attaining | ||||||
9 | fitness within a period
of one year from the date of the | ||||||
10 | finding of unfitness. If the report indicates
that there is a | ||||||
11 | substantial probability that the defendant will attain fitness
| ||||||
12 | within the time period, the treatment supervisor shall also | ||||||
13 | file a treatment
plan which shall include:
| ||||||
14 | (1) A diagnosis of the defendant's disability;
| ||||||
15 | (2) A description of treatment goals with respect to | ||||||
16 | rendering the
defendant
fit, a specification of the | ||||||
17 | proposed treatment modalities, and an estimated
timetable | ||||||
18 | for attainment of the goals;
| ||||||
19 | (3) An identification of the person in charge of | ||||||
20 | supervising the
defendant's
treatment.
| ||||||
21 | (Source: P.A. 95-296, eff. 8-20-07; 96-310, eff. 8-11-09.)
| ||||||
22 | (725 ILCS 5/104-23) (from Ch. 38, par. 104-23)
| ||||||
23 | Sec. 104-23. Unfit defendants. Cases involving an unfit | ||||||
24 | defendant who
demands a discharge hearing or a defendant who | ||||||
25 | cannot become fit to stand
trial and for whom no special |
| |||||||
| |||||||
1 | provisions or assistance can compensate for
his disability and | ||||||
2 | render him fit shall proceed in the following manner:
| ||||||
3 | (a) Upon a determination that there is not a substantial | ||||||
4 | probability
that the defendant will attain fitness within one | ||||||
5 | year from the original
finding of unfitness, a defendant or the | ||||||
6 | attorney for the defendant
may move for a discharge hearing | ||||||
7 | pursuant to the provisions of Section 104-25.
The discharge | ||||||
8 | hearing shall be held within 120 days of the filing of a
motion | ||||||
9 | for a discharge hearing, unless the delay is occasioned by the | ||||||
10 | defendant.
| ||||||
11 | (b) If at any time the court determines that there is not a | ||||||
12 | substantial
probability that the defendant will become fit to | ||||||
13 | stand trial or to plead
within one year from the date of the | ||||||
14 | original finding of unfitness,
or if at the end of one year | ||||||
15 | from that date the court finds the defendant
still unfit and | ||||||
16 | for whom no special provisions or assistance can compensate
for | ||||||
17 | his disabilities and render him fit, the State shall request | ||||||
18 | the court:
| ||||||
19 | (1) To set the matter for hearing pursuant to Section | ||||||
20 | 104-25 unless
a hearing has already been held pursuant to | ||||||
21 | paragraph (a) of this Section; or
| ||||||
22 | (2) To release the defendant from custody and to | ||||||
23 | dismiss with prejudice
the charges against him; or
| ||||||
24 | (3) To remand the defendant to the custody of the | ||||||
25 | Department of
Human Services (before January 1, 2011) or | ||||||
26 | the Department of Healthcare and Family Services (on or |
| |||||||
| |||||||
1 | after January 1, 2011) and order a
hearing to be conducted
| ||||||
2 | pursuant to the provisions of the Mental Health and | ||||||
3 | Developmental Disabilities
Code, as now or hereafter | ||||||
4 | amended. The Department of Human Services or the Department | ||||||
5 | of Healthcare and Family Services shall have 7 days from | ||||||
6 | the
date it receives the
defendant to prepare and file the | ||||||
7 | necessary petition and certificates that are
required for | ||||||
8 | commitment under the Mental Health and Developmental | ||||||
9 | Disabilities
Code. If the defendant is committed to the
| ||||||
10 | Department of Human Services or the Department of | ||||||
11 | Healthcare and Family Services pursuant to such
hearing, | ||||||
12 | the court
having jurisdiction over the criminal matter | ||||||
13 | shall dismiss the charges against
the defendant, with the | ||||||
14 | leave to reinstate. In such cases the Department of Human | ||||||
15 | Services or the Department of Healthcare and Family | ||||||
16 | Services shall notify the court,
the State's attorney and | ||||||
17 | the defense attorney upon the discharge of the
defendant. A | ||||||
18 | former defendant so committed
shall be treated in the same | ||||||
19 | manner as any other civilly committed patient
for all | ||||||
20 | purposes including admission, selection of the place of | ||||||
21 | treatment
and the treatment modalities, entitlement to | ||||||
22 | rights and privileges, transfer,
and discharge. A | ||||||
23 | defendant who is not committed shall be remanded to the
| ||||||
24 | court having jurisdiction of the criminal matter for | ||||||
25 | disposition pursuant
to subparagraph (1) or (2) of | ||||||
26 | paragraph (b) of this Section.
|
| |||||||
| |||||||
1 | (c) If the defendant is restored to fitness and the | ||||||
2 | original charges
against him are reinstated, the speedy trial | ||||||
3 | provisions of Section 103-5
shall commence to run.
| ||||||
4 | (Source: P.A. 89-439, eff. 6-1-96; 89-507, eff. 7-1-97.)
| ||||||
5 | (725 ILCS 5/104-24) (from Ch. 38, par. 104-24)
| ||||||
6 | Sec. 104-24. Time Credit. Time spent in custody pursuant to | ||||||
7 | orders
issued under Section 104-17 or 104-20 or pursuant to a | ||||||
8 | commitment to the
Department of Human Services or the | ||||||
9 | Department of Healthcare and Family Services following a | ||||||
10 | finding
of unfitness or incompetency under prior law, shall be | ||||||
11 | credited against
any sentence imposed on the defendant in the | ||||||
12 | pending criminal case or in
any other case arising out of the | ||||||
13 | same conduct.
| ||||||
14 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
15 | (725 ILCS 5/104-25) (from Ch. 38, par. 104-25)
| ||||||
16 | Sec. 104-25. Discharge hearing.
| ||||||
17 | (a) As provided for in paragraph (a)
of Section 104-23 and | ||||||
18 | subparagraph (1) of paragraph (b) of Section 104-23
a hearing | ||||||
19 | to determine the sufficiency of the evidence shall be held. | ||||||
20 | Such
hearing shall be conducted by the court without a jury. | ||||||
21 | The State and the
defendant may introduce evidence relevant to | ||||||
22 | the question of defendant's
guilt of the crime charged.
| ||||||
23 | The court may admit hearsay or affidavit evidence on | ||||||
24 | secondary matters
such as testimony to establish the chain of |
| |||||||
| |||||||
1 | possession of physical evidence,
laboratory reports, | ||||||
2 | authentication of transcripts taken by official reporters,
| ||||||
3 | court and business records, and public documents.
| ||||||
4 | (b) If the evidence does not prove the defendant guilty | ||||||
5 | beyond a reasonable
doubt, the court shall enter a judgment of | ||||||
6 | acquittal; however nothing herein
shall prevent the State from | ||||||
7 | requesting the court to commit the defendant to
the Department | ||||||
8 | of Human Services or the Department of Healthcare and Family | ||||||
9 | Services under the provisions of the Mental Health and
| ||||||
10 | Developmental
Disabilities Code.
| ||||||
11 | (c) If the defendant is found not guilty by reason of | ||||||
12 | insanity, the court
shall enter a judgment of acquittal and the | ||||||
13 | proceedings after acquittal
by reason of insanity under Section | ||||||
14 | 5-2-4 of the Unified Code of Corrections
shall apply.
| ||||||
15 | (d) If the discharge hearing does not result in an | ||||||
16 | acquittal of the charge
the defendant may be remanded for | ||||||
17 | further treatment and the one year time
limit set forth in | ||||||
18 | Section 104-23 shall be extended as follows:
| ||||||
19 | (1) If the most serious charge upon which the State | ||||||
20 | sustained its burden
of proof was a Class 1 or Class X | ||||||
21 | felony, the treatment period may be extended
up to a | ||||||
22 | maximum treatment period of 2 years; if a Class 2, 3, or 4 | ||||||
23 | felony,
the treatment period may be extended up to a | ||||||
24 | maximum of 15 months;
| ||||||
25 | (2) If the State sustained its burden of proof on a | ||||||
26 | charge of first degree
murder, the treatment period may be |
| |||||||
| |||||||
1 | extended up to a maximum treatment period
of 5 years.
| ||||||
2 | (e) Transcripts of testimony taken at a discharge hearing | ||||||
3 | may be admitted
in evidence at a subsequent trial of the case, | ||||||
4 | subject to the rules of
evidence,
if the witness who gave such | ||||||
5 | testimony is legally unavailable at the time
of the subsequent | ||||||
6 | trial.
| ||||||
7 | (f) If the court fails to enter an order of acquittal the | ||||||
8 | defendant may
appeal from such judgment in the same manner | ||||||
9 | provided for an appeal from
a conviction in a criminal case.
| ||||||
10 | (g) At the expiration of an extended period of treatment | ||||||
11 | ordered pursuant
to this Section:
| ||||||
12 | (1) Upon a finding that the defendant is fit or can be | ||||||
13 | rendered fit
consistent with Section 104-22, the court may | ||||||
14 | proceed with trial.
| ||||||
15 | (2) If the defendant continues to be unfit to stand | ||||||
16 | trial, the court shall
determine whether he or she is | ||||||
17 | subject to involuntary admission under the
Mental Health | ||||||
18 | and Developmental Disabilities Code or constitutes a | ||||||
19 | serious
threat to the public safety. If so found, the | ||||||
20 | defendant shall be remanded
to the Department of Human | ||||||
21 | Services (before January 1, 2011) or the Department of | ||||||
22 | Healthcare and Family Services (on or after January 1, | ||||||
23 | 2011) for further
treatment and shall
be treated in the | ||||||
24 | same manner as a civilly committed patient for all | ||||||
25 | purposes,
except that the original court having | ||||||
26 | jurisdiction over the defendant shall
be required to |
| |||||||
| |||||||
1 | approve any conditional release or discharge of the | ||||||
2 | defendant,
for the period of commitment equal to the | ||||||
3 | maximum sentence to which the
defendant would have been | ||||||
4 | subject had he or she been convicted in a criminal
| ||||||
5 | proceeding. During this period of commitment, the original | ||||||
6 | court having
jurisdiction over the defendant shall hold | ||||||
7 | hearings under clause (i) of this
paragraph (2). However, | ||||||
8 | if the defendant is remanded to the Department of
Human | ||||||
9 | Services or the Department of Healthcare and Family | ||||||
10 | Services , the
defendant shall be placed in a secure setting | ||||||
11 | unless the court determines that
there are compelling | ||||||
12 | reasons why such placement is not necessary.
| ||||||
13 | If the defendant does not have a current treatment | ||||||
14 | plan, then within 3
days
of admission under this | ||||||
15 | subdivision (g)(2), a treatment plan shall be prepared
for | ||||||
16 | each defendant and entered into his or her record. The plan | ||||||
17 | shall include
(i) an assessment of the defendant's | ||||||
18 | treatment needs, (ii) a description of the
services | ||||||
19 | recommended for treatment, (iii) the goals of each type of | ||||||
20 | element of
service, (iv) an anticipated timetable for the | ||||||
21 | accomplishment of the goals, and
(v) a designation of the | ||||||
22 | qualified professional responsible for the
implementation | ||||||
23 | of the plan. The plan shall be reviewed and updated as the
| ||||||
24 | clinical condition warrants, but not less than every 30 | ||||||
25 | days.
| ||||||
26 | Every 90 days after the initial admission under this |
| |||||||
| |||||||
1 | subdivision (g)(2),
the
facility director shall file a | ||||||
2 | typed treatment plan report with the original
court having | ||||||
3 | jurisdiction over the defendant. The report shall include | ||||||
4 | an
opinion as to whether the defendant is fit to stand | ||||||
5 | trial and whether the
defendant is currently subject to | ||||||
6 | involuntary admission, in need of mental
health services on | ||||||
7 | an inpatient basis, or in need of mental health services on
| ||||||
8 | an outpatient basis. The report shall also summarize the | ||||||
9 | basis for those
findings and provide a current summary of | ||||||
10 | the 5 items required in a treatment
plan. A copy of the | ||||||
11 | report shall be forwarded to the clerk of the court, the
| ||||||
12 | State's Attorney, and the defendant's attorney if the | ||||||
13 | defendant is represented
by counsel.
| ||||||
14 | The court on its own motion may order a hearing to | ||||||
15 | review the
treatment plan. The defendant or the State's | ||||||
16 | Attorney may request a treatment
plan review every 90 days | ||||||
17 | and the court shall review the current treatment plan
to | ||||||
18 | determine whether the plan complies with the requirements | ||||||
19 | of this Section.
The court may order an independent | ||||||
20 | examination on its own initiative and shall
order such an | ||||||
21 | evaluation if either the recipient or the State's Attorney | ||||||
22 | so
requests and has demonstrated to the court that the plan | ||||||
23 | cannot be effectively
reviewed by the court without such an | ||||||
24 | examination. Under no circumstances
shall the court be | ||||||
25 | required to order an independent examination pursuant to
| ||||||
26 | this Section more than once each year. The examination |
| |||||||
| |||||||
1 | shall be conducted by a
psychiatrist or clinical | ||||||
2 | psychologist as defined in Section 1-103 of the Mental
| ||||||
3 | Health and Developmental Disabilities Code who is not in | ||||||
4 | the employ of the
Department of Human Services (before | ||||||
5 | January 1, 2011) or the Department of Healthcare and Family | ||||||
6 | Services (on or after January 1, 2011) .
| ||||||
7 | If, during the period within which the defendant is | ||||||
8 | confined in a secure
setting, the court enters an order | ||||||
9 | that requires the defendant to appear, the
court shall | ||||||
10 | timely transmit a copy of the order or writ to the director | ||||||
11 | of the
particular Department of Human Services or | ||||||
12 | Department of Healthcare and Family Services facility | ||||||
13 | where the defendant resides
authorizing the
transportation | ||||||
14 | of the defendant to
the court for the purpose of the | ||||||
15 | hearing.
| ||||||
16 | (i) 180 days after a defendant is remanded to the | ||||||
17 | Department of Human
Services or the Department of | ||||||
18 | Healthcare and Family Services , under paragraph
(2), | ||||||
19 | and every 180 days
thereafter for so long as the | ||||||
20 | defendant is confined under the order entered
| ||||||
21 | thereunder, the court shall set a hearing and shall
| ||||||
22 | direct that notice of the time and place of the hearing | ||||||
23 | be served upon the
defendant, the facility director, | ||||||
24 | the State's Attorney, and the defendant's
attorney. If | ||||||
25 | requested by either the State or the defense or if the | ||||||
26 | court
determines that it is appropriate, an impartial |
| |||||||
| |||||||
1 | examination of the defendant by
a psychiatrist or | ||||||
2 | clinical psychologist as defined in Section
1-103 of | ||||||
3 | the Mental Health and Developmental Disabilities Code | ||||||
4 | who is not in
the employ of the Department of Human | ||||||
5 | Services (before January 1, 2011) or the Department of | ||||||
6 | Healthcare and Family Services (on or after January 1, | ||||||
7 | 2011)
shall be ordered, and the report considered at | ||||||
8 | the time of the hearing. If
the defendant is not | ||||||
9 | currently represented by counsel the court shall | ||||||
10 | appoint
the public defender to represent the defendant | ||||||
11 | at the hearing. The court
shall make a finding as to | ||||||
12 | whether the defendant is:
| ||||||
13 | (A) subject to involuntary admission; or
| ||||||
14 | (B) in need of mental health services in the | ||||||
15 | form of inpatient care;
or
| ||||||
16 | (C) in need of mental health services but not | ||||||
17 | subject to
involuntary admission nor inpatient | ||||||
18 | care.
| ||||||
19 | The findings of the court shall be established by clear | ||||||
20 | and convincing
evidence
and the burden of proof and the | ||||||
21 | burden of going forward with the evidence shall
rest | ||||||
22 | with the State's Attorney. Upon finding by the court, | ||||||
23 | the court shall
enter its findings and an appropriate | ||||||
24 | order.
| ||||||
25 | (ii) The terms "subject to involuntary admission", | ||||||
26 | "in need of mental
health services in the form of |
| |||||||
| |||||||
1 | inpatient care" and "in need of mental health
services | ||||||
2 | but not subject to involuntary admission nor inpatient | ||||||
3 | care" shall
have the meanings ascribed to them in | ||||||
4 | clause (d)(3) of Section 5-2-4 of the
Unified Code of | ||||||
5 | Corrections.
| ||||||
6 | (3) If the defendant is not committed pursuant to this | ||||||
7 | Section, he or
she shall be released.
| ||||||
8 | (4) In no event may the treatment period be extended to | ||||||
9 | exceed the maximum
sentence to which a defendant would have | ||||||
10 | been subject had he or she been
convicted in a criminal | ||||||
11 | proceeding. For purposes of this Section, the maximum
| ||||||
12 | sentence shall be determined by Section 5-8-1 (730 ILCS | ||||||
13 | 5/5-8-1) or Article 4.5 of Chapter V of the "Unified Code | ||||||
14 | of
Corrections", excluding any sentence of natural life.
| ||||||
15 | (Source: P.A. 95-1052, eff. 7-1-09 .)
| ||||||
16 | (725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
| ||||||
17 | Sec. 104-26. Disposition of Defendants suffering | ||||||
18 | disabilities.
| ||||||
19 | (a) A defendant convicted following a trial conducted under | ||||||
20 | the provisions
of Section 104-22 shall not be sentenced before | ||||||
21 | a written presentence report of
investigation is presented to | ||||||
22 | and considered by the court. The presentence
report shall be | ||||||
23 | prepared pursuant to Sections 5-3-2, 5-3-3 and 5-3-4 of
the | ||||||
24 | Unified Code of Corrections, as now or hereafter amended, and | ||||||
25 | shall
include a physical and mental examination unless the |
| |||||||
| |||||||
1 | court finds that the
reports of prior physical and mental | ||||||
2 | examinations conducted pursuant to
this Article are adequate | ||||||
3 | and recent enough so that additional examinations
would be | ||||||
4 | unnecessary.
| ||||||
5 | (b) A defendant convicted following a trial under Section | ||||||
6 | 104-22 shall
not be subject to the death penalty.
| ||||||
7 | (c) A defendant convicted following a trial under Section | ||||||
8 | 104-22 shall
be sentenced according to
the procedures and | ||||||
9 | dispositions authorized under the Unified Code of
Corrections,
| ||||||
10 | as now or hereafter amended, subject to the following | ||||||
11 | provisions:
| ||||||
12 | (1) The court shall not impose a sentence of | ||||||
13 | imprisonment upon the
offender
if the court believes that | ||||||
14 | because of his disability a sentence of imprisonment
would | ||||||
15 | not serve the ends of justice and the interests of society | ||||||
16 | and the
offender or that because of his disability a | ||||||
17 | sentence of imprisonment would
subject the offender to | ||||||
18 | excessive hardship. In addition to any other
conditions of | ||||||
19 | a sentence of conditional discharge or probation the court | ||||||
20 | may
require
that the offender undergo treatment | ||||||
21 | appropriate to his mental or physical
condition.
| ||||||
22 | (2) After imposing a sentence of imprisonment upon an | ||||||
23 | offender who has
a mental disability, the court may remand | ||||||
24 | him to the custody of the Department
of Human Services | ||||||
25 | (before January 1, 2011) or the Department of Healthcare | ||||||
26 | and Family Services (on or after January 1, 2011) and
order |
| |||||||
| |||||||
1 | a hearing to be
conducted pursuant to the provisions of the | ||||||
2 | Mental Health and Developmental
Disabilities Code, as now | ||||||
3 | or hereafter amended. If the offender is committed
| ||||||
4 | following such hearing, he shall be treated in the same | ||||||
5 | manner as any other
civilly committed patient for all | ||||||
6 | purposes except as provided in this Section.
If the | ||||||
7 | defendant is not committed pursuant to such hearing, he | ||||||
8 | shall be
remanded to the sentencing court for disposition | ||||||
9 | according to the sentence
imposed.
| ||||||
10 | (3) If the court imposes a sentence of imprisonment | ||||||
11 | upon an offender who
has a mental disability but does not | ||||||
12 | proceed under subparagraph (2) of
paragraph
(c) of this | ||||||
13 | Section, it shall order the Department of Corrections
to | ||||||
14 | proceed pursuant to Section 3-8-5 of the Unified Code of | ||||||
15 | Corrections,
as now or hereafter amended.
| ||||||
16 | (4) If the court imposes a sentence of imprisonment | ||||||
17 | upon an offender
who has a physical disability, it may | ||||||
18 | authorize the Department of Corrections
to place the | ||||||
19 | offender in a public or private facility which is able to | ||||||
20 | provide
care or treatment for the offender's disability and | ||||||
21 | which agrees to do so.
| ||||||
22 | (5) When an offender is placed with the Department of | ||||||
23 | Human Services or the Department of Healthcare and Family | ||||||
24 | Services or
another facility pursuant
to subparagraph (2) | ||||||
25 | or (4) of this paragraph (c), the Department or private
| ||||||
26 | facility shall
not discharge or allow the offender to be at |
| |||||||
| |||||||
1 | large in the community without
prior approval of the court. | ||||||
2 | If the defendant is placed in the custody
of the Department | ||||||
3 | of Human Services or the Department of Healthcare and | ||||||
4 | Family Services , the defendant
shall be placed in a secure | ||||||
5 | setting unless the court determines that there
are | ||||||
6 | compelling reasons why such placement is not necessary. The | ||||||
7 | offender
shall accrue good time and shall be eligible for | ||||||
8 | parole in the same manner
as if he were serving his | ||||||
9 | sentence within the Department of Corrections.
When the | ||||||
10 | offender no longer requires hospitalization, care, or | ||||||
11 | treatment,
the Department of Human Services or the | ||||||
12 | Department of Healthcare and Family Services or the | ||||||
13 | facility shall transfer him,
if his sentence has not | ||||||
14 | expired, to the Department of Corrections. If an
offender | ||||||
15 | is transferred to the Department of Corrections, the | ||||||
16 | Department of
Human Services or the Department of | ||||||
17 | Healthcare and Family Services shall
transfer to the | ||||||
18 | Department of Corrections all related records pertaining | ||||||
19 | to
length of custody and treatment services provided during | ||||||
20 | the time the offender
was held.
| ||||||
21 | (6) The Department of Corrections shall notify the | ||||||
22 | Department of
Human
Services or the Department of | ||||||
23 | Healthcare and Family Services or a facility in
which an | ||||||
24 | offender
has been placed pursuant to subparagraph (2) or | ||||||
25 | (4) of paragraph (c) of
this Section of the expiration of | ||||||
26 | his sentence. Thereafter, an offender
in the Department of |
| |||||||
| |||||||
1 | Human Services or the Department of Healthcare and Family | ||||||
2 | Services shall
continue to be treated pursuant to his | ||||||
3 | commitment order and shall be considered
a civilly | ||||||
4 | committed patient for all purposes including discharge. An | ||||||
5 | offender
who is in a facility pursuant to subparagraph (4)
| ||||||
6 | of paragraph (c) of this Section shall be informed by the | ||||||
7 | facility of the
expiration of his sentence, and shall | ||||||
8 | either consent to the continuation of
his care or treatment | ||||||
9 | by the facility or shall be discharged.
| ||||||
10 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
11 | (725 ILCS 5/104-30) (from Ch. 38, par. 104-30)
| ||||||
12 | Sec. 104-30.
Notice to Law Enforcement Agencies Regarding | ||||||
13 | Release of
Defendants.
| ||||||
14 | (a) Prior to the release by the Department of Human | ||||||
15 | Services or the Department of Healthcare and Family Services of | ||||||
16 | any person
admitted pursuant to any provision of this Article,
| ||||||
17 | the
Department of Human Services or the Department of | ||||||
18 | Healthcare and Family Services shall give written notice to the | ||||||
19 | Sheriff of the
county from which
the defendant was admitted. In | ||||||
20 | cases where the arrest of the defendant
or the commission of | ||||||
21 | the offense took place in any municipality with a
population
of | ||||||
22 | more than 25,000 persons, the Department of Human Services or | ||||||
23 | the Department of Healthcare and Family Services shall also | ||||||
24 | give
written
notice to the proper law enforcement agency for | ||||||
25 | said municipality, provided
the municipality has requested |
| |||||||
| |||||||
1 | such notice in writing.
| ||||||
2 | (b) Where a defendant in the custody of the Department of | ||||||
3 | Human Services or the Department of Healthcare and Family | ||||||
4 | Services under any provision of this Article is released | ||||||
5 | pursuant to an order
of
court, the clerk of the circuit court | ||||||
6 | shall, after the entry of the order,
transmit a certified copy | ||||||
7 | of the order of release to the Department of Human
Services or | ||||||
8 | the Department of Healthcare and Family Services
and the | ||||||
9 | Sheriff of the county from which the defendant was admitted. In
| ||||||
10 | cases where the arrest of the defendant or the commission of | ||||||
11 | the offense
took place in any municipality with a population of | ||||||
12 | more than 25,000 persons,
the Clerk of the circuit court shall | ||||||
13 | also send a certified copy of the order
of release to the | ||||||
14 | proper law enforcement agency for said municipality provided
| ||||||
15 | the municipality has requested such notice in writing.
| ||||||
16 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
17 | (725 ILCS 5/104-31) (from Ch. 38, par. 104-31)
| ||||||
18 | Sec. 104-31. No defendant placed in a secure setting of the | ||||||
19 | Department of
Human Services or the Department of Healthcare | ||||||
20 | and Family Services pursuant to
the provisions of Sections | ||||||
21 | 104-17, 104-25, or 104-26 shall be permitted outside
the | ||||||
22 | facility's
housing unit unless escorted or accompanied by | ||||||
23 | personnel of the Department of
Human Services or the Department | ||||||
24 | of Healthcare and Family Services .
Any defendant placed in a | ||||||
25 | secure setting pursuant to this Section,
transported to court |
| |||||||
| |||||||
1 | hearings or other necessary appointments
off facility grounds
| ||||||
2 | by personnel of
the Department of Human Services or the | ||||||
3 | Department of Healthcare and Family Services , may be
placed in | ||||||
4 | security devices
or otherwise secured during the period of | ||||||
5 | transportation to assure
secure transport of the defendant and | ||||||
6 | the safety of Department
of Human Services or Department of | ||||||
7 | Healthcare and Family Services personnel and others. These | ||||||
8 | security measures
shall not constitute restraint as defined in | ||||||
9 | the Mental Health and
Developmental Disabilities Code.
Nor | ||||||
10 | shall
such defendant
be permitted any off-grounds privileges, | ||||||
11 | either with or without escort by
personnel of the Department of | ||||||
12 | Human Services or the Department of Healthcare and Family | ||||||
13 | Services ,
or any unsupervised on-ground privileges, unless | ||||||
14 | such off-grounds or
unsupervised on-grounds privileges have | ||||||
15 | been approved by specific court
order, which order may include | ||||||
16 | such conditions on the defendant as the
court may deem | ||||||
17 | appropriate and necessary to reasonably assure the
defendant's | ||||||
18 | satisfactory progress in treatment and the safety of the | ||||||
19 | defendant
or others. Whenever the court receives a report from | ||||||
20 | the supervisor of the defendant's treatment recommending the | ||||||
21 | defendant for any off-grounds or unsupervised on-grounds | ||||||
22 | privileges, or placement in a non-secure setting, the court | ||||||
23 | shall set the matter for a first hearing within 21 days unless | ||||||
24 | good cause is demonstrated why the hearing cannot be held.
| ||||||
25 | (Source: P.A. 95-296, eff. 8-20-07.)
|
| |||||||
| |||||||
1 | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
| ||||||
2 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
3 | of release.
| ||||||
4 | (a) In determining the amount of monetary bail or | ||||||
5 | conditions of release, if
any,
which will reasonably assure the | ||||||
6 | appearance of a defendant as required or
the safety of any | ||||||
7 | other person or the community and the likelihood of
compliance | ||||||
8 | by the
defendant with all the conditions of bail, the court | ||||||
9 | shall, on the
basis of available information, take into account | ||||||
10 | such matters as the
nature and circumstances of the offense | ||||||
11 | charged, whether the evidence
shows that as part of the offense | ||||||
12 | there was a use of violence or threatened
use of violence, | ||||||
13 | whether the offense involved corruption of public
officials or | ||||||
14 | employees, whether there was physical harm or threats of | ||||||
15 | physical
harm to any
public official, public employee, judge, | ||||||
16 | prosecutor, juror or witness,
senior citizen, child or | ||||||
17 | handicapped person, whether evidence shows that
during the | ||||||
18 | offense or during the arrest the defendant possessed or used a
| ||||||
19 | firearm, machine gun, explosive or metal piercing ammunition or | ||||||
20 | explosive
bomb device or any military or paramilitary armament,
| ||||||
21 | whether the evidence
shows that the offense committed was | ||||||
22 | related to or in furtherance of the
criminal activities of an | ||||||
23 | organized gang or was motivated by the defendant's
membership | ||||||
24 | in or allegiance to an organized gang,
the condition of the
| ||||||
25 | victim, any written statement submitted by the victim or | ||||||
26 | proffer or
representation by the State regarding the
impact |
| |||||||
| |||||||
1 | which the alleged criminal conduct has had on the victim and | ||||||
2 | the
victim's concern, if any, with further contact with the | ||||||
3 | defendant if
released on bail, whether the offense was based on | ||||||
4 | racial, religious,
sexual orientation or ethnic hatred,
the | ||||||
5 | likelihood of the filing of a greater charge, the likelihood of
| ||||||
6 | conviction, the sentence applicable upon conviction, the | ||||||
7 | weight of the evidence
against such defendant, whether there | ||||||
8 | exists motivation or ability to
flee, whether there is any | ||||||
9 | verification as to prior residence, education,
or family ties | ||||||
10 | in the local jurisdiction, in another county,
state or foreign | ||||||
11 | country, the defendant's employment, financial resources,
| ||||||
12 | character and mental condition, past conduct, prior use of | ||||||
13 | alias names or
dates of birth, and length of residence in the | ||||||
14 | community,
the consent of the defendant to periodic drug | ||||||
15 | testing in accordance with
Section 110-6.5,
whether a foreign | ||||||
16 | national defendant is lawfully admitted in the United
States of | ||||||
17 | America, whether the government of the foreign national
| ||||||
18 | maintains an extradition treaty with the United States by which | ||||||
19 | the foreign
government will extradite to the United States its | ||||||
20 | national for a trial for
a crime allegedly committed in the | ||||||
21 | United States, whether the defendant is
currently subject to | ||||||
22 | deportation or exclusion under the immigration laws of
the | ||||||
23 | United States, whether the defendant, although a United States | ||||||
24 | citizen,
is considered under the law of any foreign state a | ||||||
25 | national of that state
for the purposes of extradition or | ||||||
26 | non-extradition to the United States,
the amount of unrecovered |
| |||||||
| |||||||
1 | proceeds lost as a result of
the alleged offense, the
source of | ||||||
2 | bail funds tendered or sought to be tendered for bail,
whether | ||||||
3 | from the totality of the court's consideration,
the loss of | ||||||
4 | funds posted or sought to be posted for bail will not deter the
| ||||||
5 | defendant from flight, whether the evidence shows that the | ||||||
6 | defendant is
engaged in significant
possession, manufacture, | ||||||
7 | or delivery of a controlled substance or cannabis,
either | ||||||
8 | individually or in consort with others,
whether at the time of | ||||||
9 | the offense
charged he was on bond or pre-trial release pending | ||||||
10 | trial, probation,
periodic imprisonment or conditional | ||||||
11 | discharge pursuant to this Code or the
comparable Code of any | ||||||
12 | other state or federal jurisdiction, whether the
defendant is | ||||||
13 | on bond or
pre-trial release pending the imposition or | ||||||
14 | execution of sentence or appeal of
sentence for any offense | ||||||
15 | under the laws of Illinois or any other state or
federal | ||||||
16 | jurisdiction, whether the defendant is under parole or | ||||||
17 | mandatory
supervised release or
work release from the Illinois | ||||||
18 | Department of Corrections or any penal
institution or | ||||||
19 | corrections department of any state or federal
jurisdiction, | ||||||
20 | the defendant's record of convictions, whether the defendant | ||||||
21 | has been
convicted of a misdemeanor or ordinance offense in | ||||||
22 | Illinois or similar
offense in other state or federal | ||||||
23 | jurisdiction within the 10 years
preceding the current charge | ||||||
24 | or convicted of a felony in Illinois, whether
the defendant was | ||||||
25 | convicted of an offense in another state or federal
| ||||||
26 | jurisdiction that would
be a felony if committed in Illinois |
| |||||||
| |||||||
1 | within the 20 years preceding the
current charge or has been | ||||||
2 | convicted of such felony and released from the
penitentiary | ||||||
3 | within 20 years preceding the current charge if a
penitentiary | ||||||
4 | sentence was imposed in Illinois or other state or federal
| ||||||
5 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
6 | of delinquency in any
jurisdiction, any record of appearance or | ||||||
7 | failure to appear by
the defendant at
court proceedings, | ||||||
8 | whether there was flight to avoid arrest or
prosecution, | ||||||
9 | whether the defendant escaped or
attempted to escape to avoid | ||||||
10 | arrest, whether the defendant refused to
identify himself, or | ||||||
11 | whether there was a refusal by the defendant to be
| ||||||
12 | fingerprinted as required by law. Information used by the court | ||||||
13 | in its
findings or stated in or
offered in connection with this | ||||||
14 | Section may be by way of proffer based upon
reliable | ||||||
15 | information offered by the State or defendant.
All evidence | ||||||
16 | shall be admissible if it is relevant and
reliable regardless | ||||||
17 | of whether it would be admissible under the rules of
evidence | ||||||
18 | applicable at criminal trials.
If the State presents evidence | ||||||
19 | that the offense committed by the defendant
was related to or | ||||||
20 | in furtherance of the criminal activities of an organized
gang | ||||||
21 | or was motivated by the defendant's membership in or allegiance | ||||||
22 | to an
organized gang, and if the court determines that the | ||||||
23 | evidence may be
substantiated, the court shall prohibit the | ||||||
24 | defendant from associating with
other members of the organized | ||||||
25 | gang as a condition of bail or release.
For the purposes of | ||||||
26 | this Section,
"organized gang" has the meaning ascribed to it |
| |||||||
| |||||||
1 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
2 | Prevention Act.
| ||||||
3 | (b) The amount of bail shall be:
| ||||||
4 | (1) Sufficient to assure compliance with the | ||||||
5 | conditions set forth in the
bail bond, which shall include | ||||||
6 | the defendant's current address with a written
| ||||||
7 | admonishment to the defendant that he or she must comply | ||||||
8 | with the provisions of
Section 110-12 regarding any change | ||||||
9 | in his or her address. The defendant's
address shall at all | ||||||
10 | times remain a matter of public record with the clerk
of | ||||||
11 | the court.
| ||||||
12 | (2) Not oppressive.
| ||||||
13 | (3) Considerate of the financial ability of the | ||||||
14 | accused.
| ||||||
15 | (4) When a person is charged with a drug related | ||||||
16 | offense involving
possession or delivery of cannabis or | ||||||
17 | possession or delivery of a
controlled substance as defined | ||||||
18 | in the Cannabis Control Act,
the Illinois Controlled | ||||||
19 | Substances Act, or the Methamphetamine Control and | ||||||
20 | Community Protection Act, the full street value
of the | ||||||
21 | drugs seized shall be considered. "Street value" shall be
| ||||||
22 | determined by the court on the basis of a proffer by the | ||||||
23 | State based upon
reliable information of a law enforcement | ||||||
24 | official contained in a written
report as to the amount | ||||||
25 | seized and such proffer may be used by the court as
to the | ||||||
26 | current street value of the smallest unit of the drug |
| |||||||
| |||||||
1 | seized.
| ||||||
2 | (b-5) Upon the filing of a written request demonstrating | ||||||
3 | reasonable cause, the State's Attorney may request a source of | ||||||
4 | bail hearing either before or after the posting of any funds.
| ||||||
5 | If the hearing is granted, before the posting of any bail, the | ||||||
6 | accused must file a written notice requesting that the court | ||||||
7 | conduct a source of bail hearing. The notice must be | ||||||
8 | accompanied by justifying affidavits stating the legitimate | ||||||
9 | and lawful source of funds for bail. At the hearing, the court | ||||||
10 | shall inquire into any matters stated in any justifying | ||||||
11 | affidavits, and may also inquire into matters appropriate to | ||||||
12 | the determination which shall include, but are not limited to, | ||||||
13 | the following: | ||||||
14 | (1) the background, character, reputation, and | ||||||
15 | relationship to the accused of any surety; and | ||||||
16 | (2) the source of any money or property deposited by | ||||||
17 | any surety, and whether any such money or property | ||||||
18 | constitutes the fruits of criminal or unlawful conduct; and | ||||||
19 | (3) the source of any money posted as cash bail, and | ||||||
20 | whether any such money constitutes the fruits of criminal | ||||||
21 | or unlawful conduct; and | ||||||
22 | (4) the background, character, reputation, and | ||||||
23 | relationship to the accused of the person posting cash | ||||||
24 | bail. | ||||||
25 | Upon setting the hearing, the court shall examine, under | ||||||
26 | oath, any persons who may possess material information. |
| |||||||
| |||||||
1 | The State's Attorney has a right to attend the hearing, to | ||||||
2 | call witnesses and to examine any witness in the proceeding. | ||||||
3 | The court shall, upon request of the State's Attorney, continue | ||||||
4 | the proceedings for a reasonable period to allow the State's | ||||||
5 | Attorney to investigate the matter raised in any testimony or | ||||||
6 | affidavit.
If the hearing is granted after the accused has | ||||||
7 | posted bail, the court shall conduct a hearing consistent with | ||||||
8 | this subsection (b-5). At the conclusion of the hearing, the | ||||||
9 | court must issue an order either approving of disapproving the | ||||||
10 | bail.
| ||||||
11 | (c) When a person is charged with an offense punishable by | ||||||
12 | fine only the
amount of the bail shall not exceed double the | ||||||
13 | amount of the maximum penalty.
| ||||||
14 | (d) When a person has been convicted of an offense and only | ||||||
15 | a fine has
been imposed the amount of the bail shall not exceed | ||||||
16 | double the amount of
the fine.
| ||||||
17 | (e) The State may appeal any order granting bail or setting
| ||||||
18 | a given amount for bail. | ||||||
19 | (f) When a person is charged with a violation of an order | ||||||
20 | of protection under Section 12-30 of the Criminal Code of 1961, | ||||||
21 | (1) whether the alleged incident involved harassment | ||||||
22 | or abuse, as defined in the Illinois Domestic Violence Act | ||||||
23 | of 1986; | ||||||
24 | (2) whether the person has a history of domestic | ||||||
25 | violence, as defined in the Illinois Domestic Violence Act, | ||||||
26 | or a history of other criminal acts; |
| |||||||
| |||||||
1 | (3) based on the mental health of the person; | ||||||
2 | (4) whether the person has a history of violating the | ||||||
3 | orders of any court or governmental entity; | ||||||
4 | (5) whether the person has been, or is, potentially a | ||||||
5 | threat to any other person; | ||||||
6 | (6) whether the person has access to deadly weapons or | ||||||
7 | a history of using deadly weapons; | ||||||
8 | (7) whether the person has a history of abusing alcohol | ||||||
9 | or any controlled substance; | ||||||
10 | (8) based on the severity of the alleged incident that | ||||||
11 | is the basis of the alleged offense, including, but not | ||||||
12 | limited to, the duration of the current incident, and | ||||||
13 | whether the alleged incident involved physical injury, | ||||||
14 | sexual assault, strangulation, abuse during the alleged | ||||||
15 | victim's pregnancy, abuse of pets, or forcible entry to | ||||||
16 | gain access to the alleged victim; | ||||||
17 | (9) whether a separation of the person from the alleged | ||||||
18 | victim or a termination of the relationship between the | ||||||
19 | person and the alleged victim has recently occurred or is | ||||||
20 | pending; | ||||||
21 | (10) whether the person has exhibited obsessive or | ||||||
22 | controlling behaviors toward the alleged victim, | ||||||
23 | including, but not limited to, stalking, surveillance, or | ||||||
24 | isolation of the alleged victim or victim's family member | ||||||
25 | or members; | ||||||
26 | (11) whether the person has expressed suicidal or |
| |||||||
| |||||||
1 | homicidal ideations; | ||||||
2 | (12) based on any information contained in the | ||||||
3 | complaint and any police reports, affidavits, or other | ||||||
4 | documents accompanying the complaint, | ||||||
5 | the court may, in its discretion, order the respondent to | ||||||
6 | undergo a risk assessment evaluation conducted by an Illinois | ||||||
7 | Department of Human Services (before January 1, 2011) or the | ||||||
8 | Department of Healthcare and Family Services (on or after | ||||||
9 | January 1, 2011) approved partner abuse intervention program | ||||||
10 | provider, pretrial service, probation, or parole agency. These | ||||||
11 | agencies shall have access to summaries of the defendant's | ||||||
12 | criminal history, which shall not include victim interviews or | ||||||
13 | information, for the risk evaluation. Based on the information | ||||||
14 | collected from the 12 points to be considered at a bail hearing | ||||||
15 | for a violation of an order of protection, the results of any | ||||||
16 | risk evaluation conducted and the other circumstances of the | ||||||
17 | violation, the court may order that the person, as a condition | ||||||
18 | of bail, be placed under electronic surveillance as provided in | ||||||
19 | Section 5-8A-7 of the Unified Code of Corrections.
| ||||||
20 | (Source: P.A. 95-773, eff. 1-1-09; 96-688, eff. 8-25-09.)
| ||||||
21 | (725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
| ||||||
22 | Sec. 110-6.3.
Denial of bail in stalking and aggravated | ||||||
23 | stalking
offenses.
| ||||||
24 | (a) Upon verified petition by the State, the court shall | ||||||
25 | hold a
hearing to determine whether bail should be denied to a |
| |||||||
| |||||||
1 | defendant who is
charged with
stalking or aggravated stalking, | ||||||
2 | when it is alleged that the defendant's
admission to bail poses | ||||||
3 | a real and present threat to the physical safety of
the alleged | ||||||
4 | victim of the offense, and denial of release on bail or
| ||||||
5 | personal recognizance is necessary to prevent fulfillment of | ||||||
6 | the threat
upon which the charge is based.
| ||||||
7 | (1) A petition may be filed without prior notice to the | ||||||
8 | defendant at the
first appearance before a judge, or within | ||||||
9 | 21 calendar days, except as
provided in Section 110-6, | ||||||
10 | after arrest and release of the defendant upon
reasonable | ||||||
11 | notice to defendant; provided that while the petition is
| ||||||
12 | pending before the court, the defendant if previously | ||||||
13 | released shall not be
detained.
| ||||||
14 | (2) The hearing shall be held immediately upon the | ||||||
15 | defendant's
appearance before the court, unless for good | ||||||
16 | cause shown the defendant or
the State seeks a continuance. | ||||||
17 | A continuance on motion of the defendant
may not exceed 5 | ||||||
18 | calendar days, and the defendant may be held in custody
| ||||||
19 | during the continuance. A continuance on the motion of the | ||||||
20 | State may not
exceed 3 calendar days; however, the | ||||||
21 | defendant may be held in custody
during the continuance | ||||||
22 | under this provision if the defendant has been
previously | ||||||
23 | found to have violated an order of protection or has been
| ||||||
24 | previously convicted of, or granted court supervision for, | ||||||
25 | any of the
offenses set forth in Sections 12-2,
12-3.2, | ||||||
26 | 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4, 12-13,
12-14, |
| |||||||
| |||||||
1 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961, | ||||||
2 | against the
same person
as the alleged victim of the | ||||||
3 | stalking or aggravated stalking offense.
| ||||||
4 | (b) The court may deny bail to the defendant when, after | ||||||
5 | the hearing, it
is determined that:
| ||||||
6 | (1) the proof is evident or the presumption great that | ||||||
7 | the defendant has
committed the offense of stalking or | ||||||
8 | aggravated stalking; and
| ||||||
9 | (2) the defendant poses a real and present threat to | ||||||
10 | the physical safety
of the alleged victim of the offense; | ||||||
11 | and
| ||||||
12 | (3) the denial of release on bail or personal | ||||||
13 | recognizance is
necessary to prevent fulfillment of the | ||||||
14 | threat upon which the charge is based;
and
| ||||||
15 | (4) the court finds that no condition or combination of | ||||||
16 | conditions set
forth in subsection (b) of Section 110-10 of | ||||||
17 | this Code, including mental
health treatment at a community | ||||||
18 | mental health center, hospital, or
facility of the | ||||||
19 | Department of Human Services or the Department of | ||||||
20 | Healthcare and Family Services ,
can reasonably assure the | ||||||
21 | physical safety of the alleged victim of the offense.
| ||||||
22 | (c) Conduct of the hearings.
| ||||||
23 | (1) The hearing on the defendant's culpability and | ||||||
24 | threat to the
alleged victim of the offense shall be
| ||||||
25 | conducted in accordance with the following provisions:
| ||||||
26 | (A) Information used by the court in its findings |
| |||||||
| |||||||
1 | or stated in or
offered
at the hearing may be by way of | ||||||
2 | proffer based upon reliable information
offered by the | ||||||
3 | State or by defendant. Defendant has the right to be
| ||||||
4 | represented by counsel, and if he is indigent, to have | ||||||
5 | counsel appointed
for him. Defendant shall have the | ||||||
6 | opportunity to testify, to present
witnesses in his own | ||||||
7 | behalf, and to cross-examine witnesses if any are
| ||||||
8 | called by the State. The defendant has the right to | ||||||
9 | present witnesses in
his favor. When the ends of | ||||||
10 | justice so require, the court may exercise
its | ||||||
11 | discretion and compel the appearance of a complaining
| ||||||
12 | witness. The court shall state on the record reasons | ||||||
13 | for granting a
defense request to compel the presence | ||||||
14 | of a complaining witness.
Cross-examination of a | ||||||
15 | complaining witness at the pretrial detention hearing | ||||||
16 | for
the purpose of impeaching the witness' credibility | ||||||
17 | is insufficient reason
to compel the presence of the | ||||||
18 | witness. In deciding whether to compel the
appearance | ||||||
19 | of a complaining witness, the court shall be | ||||||
20 | considerate of the
emotional and physical well-being | ||||||
21 | of the witness.
The pretrial detention hearing is not | ||||||
22 | to be used for the purposes of
discovery, and the post | ||||||
23 | arraignment rules of discovery do not apply. The
State | ||||||
24 | shall tender to the
defendant, prior to the hearing, | ||||||
25 | copies of defendant's criminal history, if
any, if | ||||||
26 | available, and any written or recorded statements and |
| |||||||
| |||||||
1 | the substance
of any oral statements made by any | ||||||
2 | person, if relied upon by the State.
The rules | ||||||
3 | concerning the admissibility of evidence in
criminal | ||||||
4 | trials do not apply to the presentation and | ||||||
5 | consideration of
information at the hearing. At the | ||||||
6 | trial concerning the offense for which
the hearing was | ||||||
7 | conducted neither the finding of the court nor any
| ||||||
8 | transcript or other record of the hearing shall be | ||||||
9 | admissible in the
State's case in chief, but shall be | ||||||
10 | admissible for impeachment, or as
provided in Section | ||||||
11 | 115-10.1 of this Code, or in a perjury proceeding.
| ||||||
12 | (B) A motion by the defendant to suppress evidence | ||||||
13 | or to suppress a
confession shall not be entertained. | ||||||
14 | Evidence that proof may have been
obtained as the | ||||||
15 | result of an unlawful search and seizure or through
| ||||||
16 | improper interrogation is not relevant to this state of | ||||||
17 | the prosecution.
| ||||||
18 | (2) The facts relied upon by the court to support a | ||||||
19 | finding that:
| ||||||
20 | (A) the
defendant poses a real and present threat | ||||||
21 | to the physical safety of the
alleged victim of the | ||||||
22 | offense; and
| ||||||
23 | (B) the denial of release on bail or personal
| ||||||
24 | recognizance is necessary to prevent fulfillment of | ||||||
25 | the threat upon which
the charge is based;
| ||||||
26 | shall be supported by clear and convincing evidence
|
| |||||||
| |||||||
1 | presented by the State.
| ||||||
2 | (d) Factors to be considered in making a determination of | ||||||
3 | the threat to
the alleged victim of the offense.
The court may, | ||||||
4 | in determining whether the defendant poses, at the time of
the | ||||||
5 | hearing, a real and
present threat to the physical safety of | ||||||
6 | the alleged victim of the offense,
consider but
shall not be | ||||||
7 | limited to evidence or testimony concerning:
| ||||||
8 | (1) The nature and circumstances of the offense | ||||||
9 | charged;
| ||||||
10 | (2) The history and characteristics of the defendant | ||||||
11 | including:
| ||||||
12 | (A) Any evidence of the defendant's prior criminal | ||||||
13 | history indicative of
violent, abusive or assaultive | ||||||
14 | behavior, or lack of that behavior. The
evidence may | ||||||
15 | include testimony or documents received in juvenile
| ||||||
16 | proceedings, criminal, quasi-criminal, civil | ||||||
17 | commitment, domestic relations
or other proceedings;
| ||||||
18 | (B) Any evidence of the defendant's psychological, | ||||||
19 | psychiatric or other
similar social history that tends | ||||||
20 | to indicate a violent, abusive, or
assaultive nature, | ||||||
21 | or lack of any such history.
| ||||||
22 | (3) The nature of the threat which is the basis of the | ||||||
23 | charge against the defendant;
| ||||||
24 | (4) Any statements made by, or attributed to the | ||||||
25 | defendant, together with
the circumstances surrounding | ||||||
26 | them;
|
| |||||||
| |||||||
1 | (5) The age and physical condition of any person | ||||||
2 | assaulted
by the defendant;
| ||||||
3 | (6) Whether the defendant is known to possess or have | ||||||
4 | access to any
weapon or weapons;
| ||||||
5 | (7) Whether, at the time of the current offense or any | ||||||
6 | other offense or
arrest, the defendant was on probation, | ||||||
7 | parole, mandatory supervised
release or other release from | ||||||
8 | custody pending trial, sentencing, appeal or
completion of | ||||||
9 | sentence for an offense under federal or state law;
| ||||||
10 | (8) Any other factors, including those listed in | ||||||
11 | Section 110-5 of this
Code, deemed by the court to have a | ||||||
12 | reasonable bearing upon the
defendant's propensity or | ||||||
13 | reputation for violent, abusive or assaultive
behavior, or | ||||||
14 | lack of that behavior.
| ||||||
15 | (e) The court shall, in any order denying bail to a person | ||||||
16 | charged with
stalking or aggravated stalking:
| ||||||
17 | (1) briefly summarize the evidence of the defendant's | ||||||
18 | culpability and its
reasons for concluding that the | ||||||
19 | defendant should be held without bail;
| ||||||
20 | (2) direct that the defendant be committed to the | ||||||
21 | custody of the sheriff
for confinement in the county jail | ||||||
22 | pending trial;
| ||||||
23 | (3) direct that the defendant be given a reasonable | ||||||
24 | opportunity for
private consultation with counsel, and for | ||||||
25 | communication with others of his
choice by visitation, mail | ||||||
26 | and telephone; and
|
| |||||||
| |||||||
1 | (4) direct that the sheriff deliver the defendant as | ||||||
2 | required for
appearances in connection with court | ||||||
3 | proceedings.
| ||||||
4 | (f) If the court enters an order for the detention of the | ||||||
5 | defendant
under subsection (e) of this Section, the defendant | ||||||
6 | shall be brought to
trial on the offense for which he is | ||||||
7 | detained within 90 days after the date
on which the order for | ||||||
8 | detention was entered. If the defendant is not
brought to trial | ||||||
9 | within the 90 day period required by this subsection (f),
he | ||||||
10 | shall not be held longer without bail. In computing the 90 day | ||||||
11 | period,
the court shall omit any period of delay resulting from | ||||||
12 | a continuance
granted at the request of the defendant.
The | ||||||
13 | court shall immediately notify the alleged victim of the | ||||||
14 | offense that the defendant
has been admitted to bail under this | ||||||
15 | subsection.
| ||||||
16 | (g) Any person shall be entitled to appeal any
order | ||||||
17 | entered under this Section denying bail to the defendant.
| ||||||
18 | (h) The State may appeal any order entered under this | ||||||
19 | Section denying any
motion for denial of bail.
| ||||||
20 | (i) Nothing in this Section shall be construed as modifying | ||||||
21 | or limiting
in any way the defendant's presumption of innocence | ||||||
22 | in further criminal
proceedings.
| ||||||
23 | (Source: P.A. 90-14, eff. 7-1-97; 91-445, eff. 1-1-00.)
| ||||||
24 | Section 1165. The Rights of Crime Victims and Witnesses Act | ||||||
25 | is amended by changing Sections 4.5, 5, 8.5, and 9 as follows:
|
| |||||||
| |||||||
1 | (725 ILCS 120/4.5)
| ||||||
2 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
3 | victims. To afford
crime victims their rights, law enforcement, | ||||||
4 | prosecutors, judges and
corrections will provide information, | ||||||
5 | as appropriate of the following
procedures:
| ||||||
6 | (a) At the request of the crime victim, law enforcement | ||||||
7 | authorities
investigating the case shall provide notice of the | ||||||
8 | status of the investigation,
except where the State's Attorney | ||||||
9 | determines that disclosure of such
information would | ||||||
10 | unreasonably interfere with the investigation, until such
time | ||||||
11 | as the alleged assailant is apprehended or the investigation is | ||||||
12 | closed.
| ||||||
13 | (b) The office of the State's Attorney:
| ||||||
14 | (1) shall provide notice of the filing of information, | ||||||
15 | the return of an
indictment by which a prosecution for any | ||||||
16 | violent crime is commenced, or the
filing of a petition to | ||||||
17 | adjudicate a minor as a delinquent for a violent
crime;
| ||||||
18 | (2) shall provide notice of the date, time, and place | ||||||
19 | of trial;
| ||||||
20 | (3) or victim advocate personnel shall provide | ||||||
21 | information of social
services and financial assistance | ||||||
22 | available for victims of crime, including
information of | ||||||
23 | how to apply for these services and assistance;
| ||||||
24 | (4) shall assist in having any stolen or other personal | ||||||
25 | property held by
law enforcement authorities for |
| |||||||
| |||||||
1 | evidentiary or other purposes returned as
expeditiously as | ||||||
2 | possible, pursuant to the procedures set out in Section | ||||||
3 | 115-9
of the Code of Criminal Procedure of 1963;
| ||||||
4 | (5) or victim advocate personnel shall provide | ||||||
5 | appropriate employer
intercession services to ensure that | ||||||
6 | employers of victims will cooperate with
the criminal | ||||||
7 | justice system in order to minimize an employee's loss of | ||||||
8 | pay and
other benefits resulting from court appearances;
| ||||||
9 | (6) shall provide information whenever possible, of a | ||||||
10 | secure waiting
area during court proceedings that does not | ||||||
11 | require victims to be in close
proximity to defendant or | ||||||
12 | juveniles accused of a violent crime, and their
families | ||||||
13 | and friends;
| ||||||
14 | (7) shall provide notice to the crime victim of the | ||||||
15 | right to have a
translator present at all court proceedings | ||||||
16 | and, in compliance with the federal Americans
with | ||||||
17 | Disabilities Act of 1990, the right to communications | ||||||
18 | access through a
sign language interpreter or by other | ||||||
19 | means;
| ||||||
20 | (8) in the case of the death of a person, which death | ||||||
21 | occurred in the same
transaction or occurrence in which | ||||||
22 | acts occurred for which a defendant is
charged with an | ||||||
23 | offense, shall notify the spouse, parent, child or sibling | ||||||
24 | of
the decedent of the date of the trial of the person or | ||||||
25 | persons allegedly
responsible for the death;
| ||||||
26 | (9) shall inform the victim of the right to have |
| |||||||
| |||||||
1 | present at all court
proceedings, subject to the rules of | ||||||
2 | evidence, an advocate or other support
person of the | ||||||
3 | victim's choice, and the right to retain an attorney, at | ||||||
4 | the
victim's own expense, who, upon written notice filed | ||||||
5 | with the clerk of the
court and State's Attorney, is to | ||||||
6 | receive copies of all notices, motions and
court orders | ||||||
7 | filed thereafter in the case, in the same manner as if the | ||||||
8 | victim
were a named party in the case;
| ||||||
9 | (10) at the sentencing hearing shall make a good faith | ||||||
10 | attempt to explain
the minimum amount of time during which | ||||||
11 | the defendant may actually be
physically imprisoned. The | ||||||
12 | Office of the State's Attorney shall further notify
the | ||||||
13 | crime victim of the right to request from the Prisoner | ||||||
14 | Review Board
information concerning the release of the | ||||||
15 | defendant under subparagraph (d)(1)
of this Section;
| ||||||
16 | (11) shall request restitution at sentencing and shall | ||||||
17 | consider
restitution in any plea negotiation, as provided | ||||||
18 | by law; and
| ||||||
19 | (12) shall, upon the court entering a verdict of not | ||||||
20 | guilty by reason of insanity, inform the victim of the | ||||||
21 | notification services available from the Department of | ||||||
22 | Human Services or the Department of Healthcare and Family | ||||||
23 | Services , including the statewide telephone number, under | ||||||
24 | subparagraph (d)(2) of this Section. | ||||||
25 | (c) At the written request of the crime victim, the office | ||||||
26 | of the State's
Attorney shall:
|
| |||||||
| |||||||
1 | (1) provide notice a reasonable time in advance of the | ||||||
2 | following court
proceedings: preliminary hearing, any | ||||||
3 | hearing the effect of which may be the
release of defendant | ||||||
4 | from custody, or to alter the conditions of bond and the
| ||||||
5 | sentencing hearing. The crime victim shall also be notified | ||||||
6 | of the
cancellation of the court proceeding in sufficient | ||||||
7 | time, wherever possible, to
prevent an unnecessary | ||||||
8 | appearance in court;
| ||||||
9 | (2) provide notice within a reasonable time after | ||||||
10 | receipt of notice from
the custodian, of the release of the | ||||||
11 | defendant on bail or personal recognizance
or the release | ||||||
12 | from detention of a minor who has been detained for a | ||||||
13 | violent
crime;
| ||||||
14 | (3) explain in nontechnical language the details of any | ||||||
15 | plea or verdict of
a defendant, or any adjudication of a | ||||||
16 | juvenile as a delinquent for a violent
crime;
| ||||||
17 | (4) where practical, consult with the crime victim | ||||||
18 | before the Office of
the State's Attorney makes an offer of | ||||||
19 | a plea bargain to the defendant or
enters into negotiations | ||||||
20 | with the defendant concerning a possible plea
agreement, | ||||||
21 | and shall consider the written victim impact statement, if | ||||||
22 | prepared
prior to entering into a plea agreement;
| ||||||
23 | (5) provide notice of the ultimate disposition of the | ||||||
24 | cases arising from
an indictment or an information, or a | ||||||
25 | petition to have a juvenile adjudicated
as a delinquent for | ||||||
26 | a violent crime;
|
| |||||||
| |||||||
1 | (6) provide notice of any appeal taken by the defendant | ||||||
2 | and information
on how to contact the appropriate agency | ||||||
3 | handling the appeal;
| ||||||
4 | (7) provide notice of any request for post-conviction | ||||||
5 | review filed by the
defendant under Article 122 of the Code | ||||||
6 | of Criminal Procedure of 1963, and of
the date, time and | ||||||
7 | place of any hearing concerning the petition. Whenever
| ||||||
8 | possible, notice of the hearing shall be given in advance;
| ||||||
9 | (8) forward a copy of any statement presented under | ||||||
10 | Section 6 to the
Prisoner Review Board to be considered by | ||||||
11 | the Board in making its determination
under subsection (b) | ||||||
12 | of Section 3-3-8 of the Unified Code of Corrections.
| ||||||
13 | (d) (1) The Prisoner Review Board shall inform a victim or | ||||||
14 | any other
concerned citizen, upon written request, of the | ||||||
15 | prisoner's release on parole,
mandatory supervised release, | ||||||
16 | electronic detention, work release, international transfer or | ||||||
17 | exchange, or by the
custodian of the discharge of any | ||||||
18 | individual who was adjudicated a delinquent
for a violent crime | ||||||
19 | from State custody and by the sheriff of the appropriate
county | ||||||
20 | of any such person's final discharge from county custody.
The | ||||||
21 | Prisoner Review Board, upon written request, shall provide to a | ||||||
22 | victim or
any other concerned citizen a recent photograph of | ||||||
23 | any person convicted of a
felony, upon his or her release from | ||||||
24 | custody.
The Prisoner
Review Board, upon written request, shall | ||||||
25 | inform a victim or any other
concerned citizen when feasible at | ||||||
26 | least 7 days prior to the prisoner's release
on furlough of the |
| |||||||
| |||||||
1 | times and dates of such furlough. Upon written request by
the | ||||||
2 | victim or any other concerned citizen, the State's Attorney | ||||||
3 | shall notify
the person once of the times and dates of release | ||||||
4 | of a prisoner sentenced to
periodic imprisonment. Notification | ||||||
5 | shall be based on the most recent
information as to victim's or | ||||||
6 | other concerned citizen's residence or other
location | ||||||
7 | available to the notifying authority.
| ||||||
8 | (2) When the defendant has been committed to the Department | ||||||
9 | of
Human Services or the Department of Healthcare and Family | ||||||
10 | Services pursuant to Section 5-2-4 or any other
provision of | ||||||
11 | the Unified Code of Corrections, the victim may request to be
| ||||||
12 | notified by the releasing authority of the defendant's | ||||||
13 | furloughs, temporary release, or final discharge from State
| ||||||
14 | custody. The Department of Human Services or the Department of | ||||||
15 | Healthcare and Family Services shall establish and maintain a | ||||||
16 | statewide telephone number to be used by victims to make | ||||||
17 | notification requests under these provisions and shall | ||||||
18 | publicize this telephone number on its website and to the | ||||||
19 | State's Attorney of each county.
| ||||||
20 | (3) In the event of an escape from State custody, the | ||||||
21 | Department of
Corrections or the Department of Juvenile Justice | ||||||
22 | immediately shall notify the Prisoner Review Board of the | ||||||
23 | escape
and the Prisoner Review Board shall notify the victim. | ||||||
24 | The notification shall
be based upon the most recent | ||||||
25 | information as to the victim's residence or other
location | ||||||
26 | available to the Board. When no such information is available, |
| |||||||
| |||||||
1 | the
Board shall make all reasonable efforts to obtain the | ||||||
2 | information and make
the notification. When the escapee is | ||||||
3 | apprehended, the Department of
Corrections or the Department of | ||||||
4 | Juvenile Justice immediately shall notify the Prisoner Review | ||||||
5 | Board and the Board
shall notify the victim.
| ||||||
6 | (4) The victim of the crime for which the prisoner has been | ||||||
7 | sentenced
shall receive reasonable written notice not less than | ||||||
8 | 30 days prior to the
parole interview and may submit, in | ||||||
9 | writing, on film, videotape or other
electronic means or in the | ||||||
10 | form of a recording or in person at the parole
interview
or if | ||||||
11 | a victim of a violent crime, by calling the
toll-free number | ||||||
12 | established in subsection (f) of this Section, information
for
| ||||||
13 | consideration by the Prisoner Review Board. The
victim shall be | ||||||
14 | notified within 7 days after the prisoner has been granted
| ||||||
15 | parole and shall be informed of the right to inspect the | ||||||
16 | registry of parole
decisions, established under subsection (g) | ||||||
17 | of Section 3-3-5 of the Unified
Code of Corrections. The | ||||||
18 | provisions of this paragraph (4) are subject to the
Open Parole | ||||||
19 | Hearings Act.
| ||||||
20 | (5) If a statement is presented under Section 6, the | ||||||
21 | Prisoner Review Board
shall inform the victim of any order of | ||||||
22 | discharge entered by the Board pursuant
to Section 3-3-8 of the | ||||||
23 | Unified Code of Corrections.
| ||||||
24 | (6) At the written request of the victim of the crime for | ||||||
25 | which the
prisoner was sentenced or the State's Attorney of the | ||||||
26 | county where the person seeking parole was prosecuted, the |
| |||||||
| |||||||
1 | Prisoner Review Board shall notify the victim and the State's | ||||||
2 | Attorney of the county where the person seeking parole was | ||||||
3 | prosecuted of
the death of the prisoner if the prisoner died | ||||||
4 | while on parole or mandatory
supervised release.
| ||||||
5 | (7) When a defendant who has been committed to the | ||||||
6 | Department of
Corrections, the Department of Juvenile Justice, | ||||||
7 | or the Department of Human Services , or the Department of | ||||||
8 | Healthcare and Family Services is released or discharged and
| ||||||
9 | subsequently committed to the Department of Human Services or | ||||||
10 | the Department of Healthcare and Family Services as a sexually
| ||||||
11 | violent person and the victim had requested to be notified by | ||||||
12 | the releasing
authority of the defendant's discharge from State | ||||||
13 | custody, the releasing
authority shall provide to the | ||||||
14 | Department of Human Services or the Department of Healthcare | ||||||
15 | and Family Services such information
that would allow the | ||||||
16 | Department of Human Services or the Department of Healthcare | ||||||
17 | and Family Services to contact the victim.
| ||||||
18 | (8) When a defendant has been convicted of a sex offense as | ||||||
19 | defined in Section 2 of the Sex Offender Registration Act and | ||||||
20 | has been sentenced to the Department of Corrections or the | ||||||
21 | Department of Juvenile Justice, the Prisoner Review Board shall | ||||||
22 | notify the victim of the sex offense of the prisoner's | ||||||
23 | eligibility for release on parole,
mandatory supervised | ||||||
24 | release, electronic detention, work release, international | ||||||
25 | transfer or exchange, or by the
custodian of the discharge of | ||||||
26 | any individual who was adjudicated a delinquent
for a sex |
| |||||||
| |||||||
1 | offense from State custody and by the sheriff of the | ||||||
2 | appropriate
county of any such person's final discharge from | ||||||
3 | county custody. The notification shall be made to the victim at | ||||||
4 | least 30 days, whenever possible, before release of the sex | ||||||
5 | offender. | ||||||
6 | (e) The officials named in this Section may satisfy some or | ||||||
7 | all of their
obligations to provide notices and other | ||||||
8 | information through participation in a
statewide victim and | ||||||
9 | witness notification system established by the Attorney
| ||||||
10 | General under Section 8.5 of this Act.
| ||||||
11 | (f) To permit a victim of a violent crime to provide | ||||||
12 | information to the
Prisoner Review Board for consideration by | ||||||
13 | the
Board at a parole hearing of a person who committed the | ||||||
14 | crime against
the victim in accordance with clause (d)(4) of | ||||||
15 | this Section or at a proceeding
to determine the conditions of | ||||||
16 | mandatory supervised release of a person
sentenced to a | ||||||
17 | determinate sentence or at a hearing on revocation of mandatory
| ||||||
18 | supervised release of a person sentenced to a determinate | ||||||
19 | sentence, the Board
shall establish a toll-free number that may | ||||||
20 | be accessed by the victim of
a violent crime to present that | ||||||
21 | information to the Board.
| ||||||
22 | (Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09; | ||||||
23 | 95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09; | ||||||
24 | 96-875, eff. 1-22-10.)
| ||||||
25 | (725 ILCS 120/5) (from Ch. 38, par. 1405)
|
| |||||||
| |||||||
1 | Sec. 5. Rights of Witnesses.
| ||||||
2 | (a) Witnesses as defined in subsection (b) of
Section 3 of | ||||||
3 | this Act shall have the following rights:
| ||||||
4 | (1) to be notified by the Office of the State's | ||||||
5 | Attorney of all court
proceedings at which the witness' | ||||||
6 | presence is required in a reasonable
amount of time prior | ||||||
7 | to the proceeding, and to be notified of the
cancellation | ||||||
8 | of any scheduled court proceeding in sufficient time to
| ||||||
9 | prevent an unnecessary appearance in court, where | ||||||
10 | possible;
| ||||||
11 | (2) to be provided with appropriate employer | ||||||
12 | intercession services by
the Office of the State's Attorney | ||||||
13 | or the victim advocate personnel to
ensure
that employers | ||||||
14 | of witnesses will cooperate with the criminal justice | ||||||
15 | system
in order to minimize an employee's loss of pay and | ||||||
16 | other benefits resulting
from court appearances;
| ||||||
17 | (3) to be provided, whenever possible, a secure waiting | ||||||
18 | area during
court proceedings that does not require | ||||||
19 | witnesses to be in close proximity
to defendants and their | ||||||
20 | families and friends;
| ||||||
21 | (4) to be provided with notice by the Office of the | ||||||
22 | State's Attorney,
where necessary, of the right to have a | ||||||
23 | translator
present whenever the witness' presence is | ||||||
24 | required and, in compliance with the federal Americans
with | ||||||
25 | Disabilities Act of 1990, to be provided with notice of the | ||||||
26 | right to communications access through a
sign language |
| |||||||
| |||||||
1 | interpreter or by other means.
| ||||||
2 | (b) At the written request of the witness, the witness | ||||||
3 | shall:
| ||||||
4 | (1) receive notice from the office of the State's | ||||||
5 | Attorney of any request
for post-conviction review filed by | ||||||
6 | the defendant under Article 122 of the Code
of Criminal | ||||||
7 | Procedure of 1963, and of the date, time, and place of any | ||||||
8 | hearing
concerning the petition for post-conviction | ||||||
9 | review; whenever possible, notice
of the hearing on the | ||||||
10 | petition shall be given in advance;
| ||||||
11 | (2) receive notice by the releasing authority of the | ||||||
12 | defendant's discharge
from State custody if the defendant | ||||||
13 | was committed to the Department of Human Services or the | ||||||
14 | Department of Healthcare and Family Services under Section | ||||||
15 | 5-2-4 or any other
provision of the Unified Code of | ||||||
16 | Corrections;
| ||||||
17 | (3) receive notice from the Prisoner Review Board of | ||||||
18 | the prisoner's escape
from State custody, after the Board | ||||||
19 | has been notified of the escape by the
Department of | ||||||
20 | Corrections or the Department of Juvenile Justice;
when the | ||||||
21 | escapee is apprehended, the Department of Corrections or | ||||||
22 | the Department of Juvenile Justice shall
immediately | ||||||
23 | notify the Prisoner Review Board and the Board shall notify | ||||||
24 | the
witness;
| ||||||
25 | (4) receive notice from the Prisoner Review Board of | ||||||
26 | the prisoner's
release on parole, electronic detention, |
| |||||||
| |||||||
1 | work release or mandatory supervised
release and of the | ||||||
2 | prisoner's final
discharge from parole, electronic | ||||||
3 | detention, work release, or mandatory
supervised release.
| ||||||
4 | (Source: P.A. 94-696, eff. 6-1-06; 95-897, eff. 1-1-09.)
| ||||||
5 | (725 ILCS 120/8.5)
| ||||||
6 | Sec. 8.5. Statewide victim and witness notification | ||||||
7 | system.
| ||||||
8 | (a) The Attorney General may establish a crime victim and | ||||||
9 | witness
notification system to assist public officials in | ||||||
10 | carrying out their
duties to notify and inform crime victims | ||||||
11 | and witnesses under Section 4.5 of
this Act as the Attorney | ||||||
12 | General specifies by rule. The system shall download
necessary
| ||||||
13 | information from participating officials into its computers, | ||||||
14 | where it shall be
maintained, updated, and automatically | ||||||
15 | transmitted to victims and witnesses by
telephone, computer, or | ||||||
16 | written notice.
| ||||||
17 | (b) The Illinois Department of Corrections, the Department | ||||||
18 | of Juvenile Justice, the Department of Human
Services, the | ||||||
19 | Department of Healthcare and Family Services, and the Prisoner | ||||||
20 | Review Board shall cooperate with the Attorney
General in the | ||||||
21 | implementation of this Section and shall provide information as
| ||||||
22 | necessary to the effective operation of the system.
| ||||||
23 | (c) State's attorneys, circuit court clerks, and local law | ||||||
24 | enforcement
and correctional authorities
may enter into | ||||||
25 | agreements with the Attorney General for participation in the
|
| |||||||
| |||||||
1 | system. The Attorney General may provide those who elect to | ||||||
2 | participate with
the equipment, software, or training | ||||||
3 | necessary to bring their offices into the
system.
| ||||||
4 | (d) The provision of information to crime victims and | ||||||
5 | witnesses through the
Attorney General's notification system
| ||||||
6 | satisfies a given State or local official's corresponding | ||||||
7 | obligation under
Section 4.5 to provide the information.
| ||||||
8 | (e) The Attorney General may provide for telephonic, | ||||||
9 | electronic, or other
public access to the database established | ||||||
10 | under this Section.
| ||||||
11 | (f) The Attorney General shall adopt rules as necessary to | ||||||
12 | implement this
Section. The rules shall include, but not be | ||||||
13 | limited to, provisions for the
scope and operation of any | ||||||
14 | system the Attorney General may establish
and procedures, | ||||||
15 | requirements,
and standards for entering into agreements to | ||||||
16 | participate in the system and to
receive equipment, software, | ||||||
17 | or training.
| ||||||
18 | (g) There is established in the Office of the Attorney | ||||||
19 | General a Crime
Victim and Witness Notification Advisory
| ||||||
20 | Committee consisting of those victims advocates, sheriffs,
| ||||||
21 | State's Attorneys, circuit court clerks, Illinois Department | ||||||
22 | of
Corrections, the Department of Juvenile Justice, and | ||||||
23 | Prisoner Review
Board
employees that the Attorney General
| ||||||
24 | chooses to appoint. The Attorney General shall designate one | ||||||
25 | member to chair
the Committee.
| ||||||
26 | (1) The Committee shall consult with and advise the |
| |||||||
| |||||||
1 | Attorney General as to
the exercise of the Attorney | ||||||
2 | General's authority under this Section, including,
but not | ||||||
3 | limited
to:
| ||||||
4 | (i) the design, scope, and operation of the | ||||||
5 | notification system;
| ||||||
6 | (ii) the content of any rules adopted to implement | ||||||
7 | this Section;
| ||||||
8 | (iii) the procurement of hardware, software, and
| ||||||
9 | support for the system, including choice of supplier or | ||||||
10 | operator; and
| ||||||
11 | (iv) the acceptance of agreements with and the | ||||||
12 | award of equipment,
software, or training to officials | ||||||
13 | that seek to participate in the system.
| ||||||
14 | (2) The Committee shall review the status and operation | ||||||
15 | of the system and
report any findings and recommendations | ||||||
16 | for changes to the Attorney General and
the General | ||||||
17 | Assembly by November 1 of each year.
| ||||||
18 | (3) The members of the Committee shall receive no | ||||||
19 | compensation for their
services as members of the | ||||||
20 | Committee, but may be reimbursed for their actual
expenses | ||||||
21 | incurred in serving on the Committee.
| ||||||
22 | (Source: P.A. 93-258, eff. 1-1-04; 94-696, eff. 6-1-06 .)
| ||||||
23 | (725 ILCS 120/9) (from Ch. 38, par. 1408)
| ||||||
24 | Sec. 9. This Act does not limit any rights or | ||||||
25 | responsibilities otherwise
enjoyed by or imposed upon victims |
| |||||||
| |||||||
1 | or witnesses of violent crime, nor does it
grant any person a | ||||||
2 | cause of action for damages or attorneys fees. Any act of
| ||||||
3 | omission or commission by any law enforcement officer, circuit | ||||||
4 | court clerk,
or
State's
Attorney, by the Attorney General, | ||||||
5 | Prisoner Review Board, Department of
Corrections,
the | ||||||
6 | Department of Juvenile Justice, Department of Human Services, | ||||||
7 | Department of Healthcare and Family Services, or other State | ||||||
8 | agency, or private entity under
contract pursuant to Section 8, | ||||||
9 | or by any employee of any
State agency or private entity under | ||||||
10 | contract pursuant to Section 8 acting
in good faith in | ||||||
11 | rendering crime victim's assistance or
otherwise enforcing | ||||||
12 | this Act shall not impose civil liability upon the
individual | ||||||
13 | or entity or his or her supervisor or employer. Nothing in this | ||||||
14 | Act
shall create a basis for vacating a conviction or a ground | ||||||
15 | for appellate relief
in any criminal case. Failure of the crime | ||||||
16 | victim to receive notice as
required, however, shall not | ||||||
17 | deprive the court of the power to act regarding
the proceeding | ||||||
18 | before it; nor shall any such failure grant the defendant the
| ||||||
19 | right to seek a continuance.
| ||||||
20 | (Source: P.A. 93-258, eff. 1-1-04; 94-696, eff. 6-1-06 .)
| ||||||
21 | Section 1170. The Narcotics Profit Forfeiture Act is | ||||||
22 | amended by changing Sections 5 and 5.2 as follows:
| ||||||
23 | (725 ILCS 175/5) (from Ch. 56 1/2, par. 1655)
| ||||||
24 | Sec. 5.
(a) A person who commits the offense of narcotics |
| |||||||
| |||||||
1 | racketeering
shall:
| ||||||
2 | (1) be guilty of a Class 1 felony; and
| ||||||
3 | (2) be subject to a fine of up to $250,000.
| ||||||
4 | A person who commits the offense of narcotics racketeering | ||||||
5 | or
who violates Section 3 of the Drug Paraphernalia Control Act | ||||||
6 | shall forfeit
to the State of Illinois: (A) any profits or | ||||||
7 | proceeds and any property or
property interest he has acquired | ||||||
8 | or maintained in violation of this Act or
Section 3 of the Drug | ||||||
9 | Paraphernalia Control Act or has used to facilitate a
violation | ||||||
10 | of this Act that the court determines, after a forfeiture
| ||||||
11 | hearing, under subsection (b) of this Section to have been | ||||||
12 | acquired or
maintained as a result of narcotics racketeering or | ||||||
13 | violating Section 3 of
the Drug Paraphernalia Control Act, or | ||||||
14 | used to facilitate narcotics
racketeering; and (B) any interest | ||||||
15 | in, security of, claim against, or
property or contractual | ||||||
16 | right of any kind affording a source of influence
over, any | ||||||
17 | enterprise which he has established, operated, controlled,
| ||||||
18 | conducted, or participated in the conduct of, in violation of | ||||||
19 | this Act or
Section 3 of the Drug Paraphernalia Control Act, | ||||||
20 | that the court determines,
after a forfeiture hearing, under | ||||||
21 | subsection (b) of this Section
to have been acquired or | ||||||
22 | maintained as a result of narcotics racketeering
or violating | ||||||
23 | Section 3 of the
Drug Paraphernalia Control Act or used to | ||||||
24 | facilitate narcotics racketeering.
| ||||||
25 | (b) The court shall, upon petition by the Attorney General | ||||||
26 | or State's
Attorney, at any time subsequent to the filing of an |
| |||||||
| |||||||
1 | information or return
of an indictment, conduct a hearing to | ||||||
2 | determine whether any property or
property interest is subject | ||||||
3 | to forfeiture under this Act. At the
forfeiture hearing the | ||||||
4 | people shall have the burden of establishing, by a
| ||||||
5 | preponderance of the evidence, that property or property | ||||||
6 | interests are
subject to forfeiture under this Act. There is a | ||||||
7 | rebuttable presumption at
such hearing that any property or | ||||||
8 | property interest of a person charged by
information or | ||||||
9 | indictment with narcotics racketeering or who is convicted
of a | ||||||
10 | violation of Section 3 of the Drug Paraphernalia Control Act is
| ||||||
11 | subject to forfeiture under this Section if the State | ||||||
12 | establishes by a
preponderance of the evidence that:
| ||||||
13 | (1) such property or property interest was acquired by | ||||||
14 | such person
during the period of the violation of this Act | ||||||
15 | or Section 3 of the Drug
Paraphernalia Control Act or | ||||||
16 | within a reasonable time
after such period; and
| ||||||
17 | (2) there was no likely source for such property or | ||||||
18 | property interest
other than the violation of this Act or | ||||||
19 | Section 3 of the Drug
Paraphernalia Control Act.
| ||||||
20 | (c) In an action brought by the People of the State of | ||||||
21 | Illinois under
this Act, wherein any restraining order, | ||||||
22 | injunction or prohibition or
any other action in connection | ||||||
23 | with any property or property interest
subject to forfeiture | ||||||
24 | under this Act is sought, the circuit court which
shall preside | ||||||
25 | over the trial of the person or persons charged with
narcotics | ||||||
26 | racketeering as defined in Section 4 of this Act or violating
|
| |||||||
| |||||||
1 | Section 3 of the Drug Paraphernalia Control Act shall first | ||||||
2 | determine
whether there is probable cause to believe that the | ||||||
3 | person or persons so
charged has committed the offense of | ||||||
4 | narcotics racketeering as defined in
Section 4 of this Act or a | ||||||
5 | violation of Section 3 of the Drug Paraphernalia
Control Act | ||||||
6 | and whether the property or property interest is subject to
| ||||||
7 | forfeiture pursuant to this Act.
| ||||||
8 | In order to make such a determination,
prior to entering | ||||||
9 | any such order, the court shall conduct a hearing without
a | ||||||
10 | jury, wherein the People shall establish that there is: (i) | ||||||
11 | probable
cause that the person or persons so charged have | ||||||
12 | committed the offense of
narcotics racketeering or violating | ||||||
13 | Section 3 of the Drug Paraphernalia
Control Act and (ii) | ||||||
14 | probable cause that any
property or property interest may be | ||||||
15 | subject to forfeiture
pursuant to this Act. Such hearing may be | ||||||
16 | conducted simultaneously with a
preliminary hearing, if the | ||||||
17 | prosecution is commenced by information or
complaint, or by | ||||||
18 | motion of the People, at any stage in the proceedings.
The | ||||||
19 | court may accept a finding of probable cause at a preliminary | ||||||
20 | hearing
following the filing of an information charging the | ||||||
21 | offense
of narcotics racketeering as defined in Section 4 of | ||||||
22 | this Act or the return of
an indictment by a grand jury | ||||||
23 | charging the offense of narcotics
racketeering as defined in | ||||||
24 | Section 4 of this Act or after a charge is
filed for violating | ||||||
25 | Section 3 of the Drug Paraphernalia Control Act as
sufficient | ||||||
26 | evidence of probable cause as provided in item (i) above.
|
| |||||||
| |||||||
1 | Upon such a finding, the circuit court shall enter such | ||||||
2 | restraining
order, injunction or prohibition, or shall take | ||||||
3 | such other action in connection
with any such property or | ||||||
4 | property interest subject to forfeiture under this
Act, as is | ||||||
5 | necessary to insure that such property is not removed from the
| ||||||
6 | jurisdiction of the court, concealed, destroyed or otherwise | ||||||
7 | disposed of by
the owner of that property or property interest | ||||||
8 | prior to a forfeiture
hearing under subsection (b) of this | ||||||
9 | Section. The Attorney General or
State's Attorney shall file a | ||||||
10 | certified copy of
such restraining order, injunction or other | ||||||
11 | prohibition with the recorder
of deeds or registrar of titles | ||||||
12 | of each county where any such property of
the defendant may be | ||||||
13 | located. No such injunction, restraining order or
other | ||||||
14 | prohibition shall affect the rights of any bona fide purchaser,
| ||||||
15 | mortgagee, judgment creditor or other lien holder arising prior | ||||||
16 | to the date
of such filing.
| ||||||
17 | The court may, at any
time, upon verified petition by the | ||||||
18 | defendant, conduct a hearing to release
all or portions of any | ||||||
19 | such property or interest which the court
previously determined | ||||||
20 | to be subject to forfeiture or subject to any
restraining | ||||||
21 | order, injunction, or prohibition or other action. The
court | ||||||
22 | may release such property to the defendant for good cause shown | ||||||
23 | and
within the sound discretion of the court.
| ||||||
24 | (d) Prosecution under this Act may be commenced by the | ||||||
25 | Attorney General
or a State's Attorney.
| ||||||
26 | (e) Upon an order of forfeiture being entered pursuant to |
| |||||||
| |||||||
1 | subsection
(b) of this Section, the
court shall authorize the | ||||||
2 | Attorney General to seize any property or property
interest | ||||||
3 | declared forfeited under this Act and under such terms and | ||||||
4 | conditions
as the court shall deem proper.
Any property or | ||||||
5 | property interest that has been the subject of an
entered | ||||||
6 | restraining order, injunction or prohibition or any other | ||||||
7 | action
filed under subsection (c) shall be forfeited unless the | ||||||
8 | claimant can show
by a preponderance of the evidence that the | ||||||
9 | property or property interest
has not been acquired or | ||||||
10 | maintained as a result of narcotics racketeering
or has not | ||||||
11 | been used to facilitate narcotics racketeering.
| ||||||
12 | (f) The Attorney General or his designee is authorized to | ||||||
13 | sell all property forfeited
and seized pursuant to this Act, | ||||||
14 | unless such property is required by law
to be destroyed or is | ||||||
15 | harmful to the public, and, after the deduction of
all | ||||||
16 | requisite expenses of administration and sale, shall | ||||||
17 | distribute the
proceeds of such sale, along with any moneys | ||||||
18 | forfeited or seized, in accordance
with subsection (g) or (h), | ||||||
19 | whichever is applicable.
| ||||||
20 | (g) All monies and the sale proceeds of all other property | ||||||
21 | forfeited and
seized pursuant to this Act shall be distributed | ||||||
22 | as follows:
| ||||||
23 | (1) An amount equal to 50% shall be distributed to the | ||||||
24 | unit of
local government whose
officers or employees | ||||||
25 | conducted the investigation into narcotics
racketeering | ||||||
26 | and caused the arrest or arrests and prosecution leading to
|
| |||||||
| |||||||
1 | the forfeiture. Amounts distributed to units of local | ||||||
2 | government shall be
used for enforcement of laws governing | ||||||
3 | narcotics activity. In the event,
however, that the | ||||||
4 | investigation, arrest or arrests and prosecution leading
| ||||||
5 | to the forfeiture
were undertaken solely by a State agency, | ||||||
6 | the portion provided hereunder
shall be paid into the Drug | ||||||
7 | Traffic Prevention Fund in the State treasury
to be used | ||||||
8 | for enforcement of laws governing narcotics activity.
| ||||||
9 | (2) An amount equal to 12.5% shall be distributed to | ||||||
10 | the
county in which the prosecution resulting in the | ||||||
11 | forfeiture was instituted,
deposited in a special fund in | ||||||
12 | the county treasury and appropriated to the
State's | ||||||
13 | Attorney for use in the enforcement of laws governing | ||||||
14 | narcotics
activity.
| ||||||
15 | An amount equal to 12.5% shall be distributed to the | ||||||
16 | Office
of the State's Attorneys Appellate Prosecutor and | ||||||
17 | deposited in the
Narcotics Profit Forfeiture Fund, which is | ||||||
18 | hereby created in the State
treasury, to be used by the | ||||||
19 | Office of the State's Attorneys Appellate
Prosecutor for | ||||||
20 | additional expenses incurred in prosecuting appeals | ||||||
21 | arising
under this Act. Any amounts remaining in the Fund | ||||||
22 | after all additional
expenses have been paid shall be used | ||||||
23 | by the Office to reduce the
participating county | ||||||
24 | contributions to the Office on a pro-rated basis as
| ||||||
25 | determined by the
board of governors of the Office of the | ||||||
26 | State's Attorneys Appellate
Prosecutor based on the |
| |||||||
| |||||||
1 | populations of the participating counties.
| ||||||
2 | (3) An amount equal to 25% shall be paid into the Drug | ||||||
3 | Traffic
Prevention Fund in the State
treasury to be used by | ||||||
4 | the Department of State Police for funding Metropolitan
| ||||||
5 | Enforcement Groups created pursuant to the | ||||||
6 | Intergovernmental Drug Laws Enforcement
Act. Any amounts | ||||||
7 | remaining in the Fund after full funding of Metropolitan
| ||||||
8 | Enforcement Groups shall be used for enforcement, by the | ||||||
9 | State or any unit
of local government, of laws governing | ||||||
10 | narcotics activity.
| ||||||
11 | (h) Where the investigation or indictment for the offense | ||||||
12 | of narcotics
racketeering or a violation of Section 3 of the | ||||||
13 | Drug Paraphernalia Control
Act has occurred under the | ||||||
14 | provisions of the Statewide Grand Jury Act, all
monies and the | ||||||
15 | sale proceeds of all other property shall be distributed as | ||||||
16 | follows:
| ||||||
17 | (1) 60% shall be distributed to the metropolitan | ||||||
18 | enforcement group,
local, municipal, county, or State law | ||||||
19 | enforcement agency or agencies which
conducted or | ||||||
20 | participated in the investigation resulting in the | ||||||
21 | forfeiture.
The distribution shall bear a reasonable | ||||||
22 | relationship to the degree of
direct participation of the | ||||||
23 | law enforcement agency in the effort resulting
in the | ||||||
24 | forfeiture, taking into account the total value of the | ||||||
25 | property
forfeited and the total law enforcement effort | ||||||
26 | with respect to the
violation of the law on which the |
| |||||||
| |||||||
1 | forfeiture is based. Amounts distributed
to the agency or | ||||||
2 | agencies shall be used for the enforcement of laws
| ||||||
3 | governing cannabis and controlled substances.
| ||||||
4 | (2) 25% shall be distributed by the Attorney General as | ||||||
5 | grants to
drug education, treatment and prevention | ||||||
6 | programs licensed or approved by the Department of Human | ||||||
7 | Services or the Department of Healthcare and Family | ||||||
8 | Services . In making these grants, the Attorney General | ||||||
9 | shall take
into account the plans and service priorities | ||||||
10 | of, and the needs identified
by, the Department of Human | ||||||
11 | Services or the Department of Healthcare and Family | ||||||
12 | Services .
| ||||||
13 | (3) 15% shall be distributed to the Attorney General | ||||||
14 | and the State's
Attorney, if any, participating in the | ||||||
15 | prosecution resulting in the
forfeiture. The distribution | ||||||
16 | shall bear a reasonable relationship to the
degree of | ||||||
17 | direct participation in the prosecution of the offense, | ||||||
18 | taking
into account the total value of the property | ||||||
19 | forfeited and the total amount
of time spent in preparing | ||||||
20 | and presenting the case, the complexity of the
case and | ||||||
21 | other similar factors. Amounts distributed to the Attorney
| ||||||
22 | General under this paragraph shall be retained in a fund | ||||||
23 | held by the State
Treasurer as ex-officio custodian to be | ||||||
24 | designated as the Statewide Grand
Jury Prosecution Fund and | ||||||
25 | paid out upon the direction of the Attorney
General for | ||||||
26 | expenses incurred in criminal prosecutions arising under |
| |||||||
| |||||||
1 | the
Statewide Grand Jury Act. Amounts distributed to a | ||||||
2 | State's Attorney shall
be deposited in a special fund in | ||||||
3 | the county treasury and appropriated to
the State's | ||||||
4 | Attorney for use in the enforcement of laws governing | ||||||
5 | narcotics activity.
| ||||||
6 | (i) All monies deposited pursuant to this Act in the Drug | ||||||
7 | Traffic Prevention
Fund established under Section 5-9-1.2 of | ||||||
8 | the Unified Code of Corrections
are appropriated, on a | ||||||
9 | continuing basis, to the Department of State Police
to be used | ||||||
10 | for funding Metropolitan Enforcement Groups created pursuant
| ||||||
11 | to the Intergovernmental Drug Laws Enforcement Act or otherwise | ||||||
12 | for the
enforcement of laws governing narcotics activity.
| ||||||
13 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
14 | (725 ILCS 175/5.2) (from Ch. 56 1/2, par. 1655.2)
| ||||||
15 | Sec. 5.2.
(a) Twelve and one-half percent of all amounts | ||||||
16 | collected
as fines pursuant to the provisions of this Act shall | ||||||
17 | be paid into the
Youth Drug Abuse Prevention Fund, which is | ||||||
18 | hereby created in the State
treasury, to be used by the | ||||||
19 | Department of Human Services (before January 1, 2011) or the | ||||||
20 | Department of Healthcare and Family Services (on or after | ||||||
21 | January 1, 2011)
for the funding of programs and services for | ||||||
22 | drug-abuse treatment, and
prevention and education services, | ||||||
23 | for juveniles.
| ||||||
24 | (b) Eighty-seven and one-half percent of the proceeds of | ||||||
25 | all fines
received under the provisions of this Act shall be |
| |||||||
| |||||||
1 | transmitted to and
deposited in the treasurer's office at the | ||||||
2 | level of government as follows:
| ||||||
3 | (1) If such seizure was made by a combination of law | ||||||
4 | enforcement
personnel representing differing units of | ||||||
5 | local government, the court
levying the fine shall | ||||||
6 | equitably allocate 50% of the fine among these units
of | ||||||
7 | local government and shall allocate 37 1/2% to the county | ||||||
8 | general
corporate fund. In the event that the seizure was | ||||||
9 | made by law enforcement
personnel representing a unit of | ||||||
10 | local government from a municipality where
the number of | ||||||
11 | inhabitants exceeds 2 million in population, the court
| ||||||
12 | levying the fine shall allocate 87 1/2% of the fine to that | ||||||
13 | unit of local
government. If the seizure was made by a | ||||||
14 | combination of law enforcement
personnel representing | ||||||
15 | differing units of local government, and at least
one of | ||||||
16 | those units represents a municipality where the number of
| ||||||
17 | inhabitants exceeds 2 million in population, the court | ||||||
18 | shall equitably
allocate 87 1/2% of the proceeds of the | ||||||
19 | fines received among the differing
units of local | ||||||
20 | government.
| ||||||
21 | (2) If such seizure was made by State law enforcement | ||||||
22 | personnel, then
the court shall allocate 37 1/2% to the | ||||||
23 | State treasury and 50% to the
county general corporate | ||||||
24 | fund.
| ||||||
25 | (3) If a State law enforcement agency in combination | ||||||
26 | with a law
enforcement agency or agencies of a unit or |
| |||||||
| |||||||
1 | units of local government
conducted the seizure, the court | ||||||
2 | shall equitably allocate 37 1/2% of the
fines to or among | ||||||
3 | the law enforcement agency or agencies of the unit or
units | ||||||
4 | of local government which conducted the seizure and shall | ||||||
5 | allocate
50% to the county general corporate fund.
| ||||||
6 | (c) The proceeds of all fines allocated to the law | ||||||
7 | enforcement agency or
agencies of the unit or units of local | ||||||
8 | government pursuant to subsection
(b) shall be made available | ||||||
9 | to that law enforcement agency as expendable
receipts for use | ||||||
10 | in the enforcement of laws regulating controlled
substances and | ||||||
11 | cannabis. The proceeds of fines awarded to the State
treasury | ||||||
12 | shall be deposited in a special fund known as the Drug Traffic
| ||||||
13 | Prevention Fund. Monies from this fund may be used by the | ||||||
14 | Department of
State Police for use in the enforcement of laws | ||||||
15 | regulating controlled
substances and cannabis; to satisfy | ||||||
16 | funding provisions of the
Intergovernmental Drug Laws | ||||||
17 | Enforcement Act; to defray costs and expenses
associated with | ||||||
18 | returning violators of the Cannabis Control Act and the
| ||||||
19 | Illinois Controlled Substances Act only, as provided in those | ||||||
20 | Acts, when
punishment of the crime shall be confinement of the | ||||||
21 | criminal in the
penitentiary; and all other monies shall be | ||||||
22 | paid into the general revenue
fund in the State treasury.
| ||||||
23 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
24 | Section 1175. The Sexually Violent Persons Commitment Act | ||||||
25 | is amended by changing Sections 5, 30, and 35 as follows:
|
| |||||||
| |||||||
1 | (725 ILCS 207/5)
| ||||||
2 | Sec. 5. Definitions. As used in this Act, the term:
| ||||||
3 | (a) Before January 1, 2011, "Department" means the | ||||||
4 | Department of Human
Services. On and after January 1, 2011, | ||||||
5 | "Department" means the Department of Healthcare and Family
| ||||||
6 | Services.
| ||||||
7 | (a-5) "Director" means the Director of Healthcare and | ||||||
8 | Family Services. | ||||||
9 | (b) "Mental disorder" means a congenital or acquired
| ||||||
10 | condition affecting the emotional or volitional capacity that
| ||||||
11 | predisposes a person to engage in acts of sexual violence.
| ||||||
12 | (c) "Secretary" means the Secretary of
Human Services.
| ||||||
13 | (d) "Sexually motivated" means that one of the purposes for
| ||||||
14 | an act is for the actor's sexual arousal or gratification.
| ||||||
15 | (e) "Sexually violent offense" means any of the following:
| ||||||
16 | (1) Any crime specified in Section 11-6, 11-20.1, | ||||||
17 | 11-20.3, 12-13, 12-14, 12-14.1,
or 12-16 of the Criminal | ||||||
18 | Code of 1961; or
| ||||||
19 | (1.5) Any former law of this State specified in Section | ||||||
20 | 11-1 (rape),
11-3 (deviate sexual assault), 11-4 (indecent | ||||||
21 | liberties with a child) or 11-4.1
(aggravated indecent | ||||||
22 | liberties with a child) of the Criminal Code of 1961; or
| ||||||
23 | (2) First degree murder, if it is determined by the | ||||||
24 | agency
with jurisdiction to have been sexually motivated; | ||||||
25 | or
|
| |||||||
| |||||||
1 | (3) Any solicitation, conspiracy or attempt to commit a
| ||||||
2 | crime under paragraph (e)(1) or (e)(2) of this Section.
| ||||||
3 | (f) "Sexually violent person" means a person who has been
| ||||||
4 | convicted of a sexually violent offense, has been adjudicated
| ||||||
5 | delinquent for a sexually violent offense, or has been found | ||||||
6 | not
guilty of a sexually violent offense by
reason of insanity | ||||||
7 | and who is
dangerous because he or she suffers from a mental | ||||||
8 | disorder that
makes it substantially probable that the person | ||||||
9 | will engage in
acts of sexual violence.
| ||||||
10 | (Source: P.A. 96-292, eff. 1-1-10; 96-328, eff. 8-11-09.)
| ||||||
11 | (725 ILCS 207/30)
| ||||||
12 | Sec. 30. Detention; probable cause hearing; transfer for
| ||||||
13 | examination.
| ||||||
14 | (a) Upon the filing of a petition under Section 15 of this | ||||||
15 | Act,
the court shall review the petition to determine whether | ||||||
16 | to issue
an order for detention of the person who is the | ||||||
17 | subject of the
petition. The person shall be detained only if | ||||||
18 | there is cause to
believe that the person is eligible for | ||||||
19 | commitment under subsection (f) of
Section
35 of this Act. A | ||||||
20 | person detained under this Section shall be
held in a facility | ||||||
21 | approved by the Department. If the person is
serving a sentence | ||||||
22 | of imprisonment, is in a Department of
Corrections correctional | ||||||
23 | facility or juvenile correctional
facility or is committed to | ||||||
24 | institutional care, and the court
orders detention under this | ||||||
25 | Section, the court shall order that
the person be transferred |
| |||||||
| |||||||
1 | to a detention facility approved by the
Department. A detention | ||||||
2 | order under this Section remains in
effect until the person is | ||||||
3 | discharged after a trial under Section
35 of this Act or until | ||||||
4 | the effective date of a commitment order
under Section 40 of | ||||||
5 | this Act, whichever is applicable.
| ||||||
6 | (b) Whenever a petition is filed under Section 15 of this | ||||||
7 | Act,
the court shall hold a hearing to determine whether there | ||||||
8 | is
probable cause to believe that the person named in the | ||||||
9 | petition is
a sexually violent person. If the person named in | ||||||
10 | the petition is
in custody, the court shall hold the probable | ||||||
11 | cause hearing within
72 hours after the petition is filed, | ||||||
12 | excluding Saturdays, Sundays
and legal holidays. The court may | ||||||
13 | grant a continuance of the probable cause
hearing for no more | ||||||
14 | than 7 additional days upon the motion of the respondent,
for | ||||||
15 | good cause. If the person named in the petition has been | ||||||
16 | released, is
on parole, is on mandatory supervised release, or | ||||||
17 | otherwise is not in
custody, the court shall hold the probable | ||||||
18 | cause hearing within a
reasonable time after the filing of the | ||||||
19 | petition.
At the probable cause hearing, the court shall admit | ||||||
20 | and consider all
relevant hearsay evidence.
| ||||||
21 | (c) If the court determines after a hearing that there is
| ||||||
22 | probable cause to believe that the person named in the petition | ||||||
23 | is
a sexually violent person, the court shall order that the | ||||||
24 | person
be taken into custody if he or she is not in custody and | ||||||
25 | shall
order the person to be transferred within a reasonable | ||||||
26 | time to an
appropriate facility for an evaluation as to whether |
| |||||||
| |||||||
1 | the person is
a sexually violent person.
If the person who is | ||||||
2 | named in the petition refuses to speak to, communicate
with, or | ||||||
3 | otherwise fails to cooperate with the examining evaluator from | ||||||
4 | the
Department of Human Services , the Department of Healthcare | ||||||
5 | and Family Services, or the Department of Corrections, that | ||||||
6 | person may
only introduce evidence and testimony from any | ||||||
7 | expert or professional person
who is retained or | ||||||
8 | court-appointed to conduct an examination of the person
that | ||||||
9 | results from a review of the records and may not introduce | ||||||
10 | evidence
resulting from an examination of the person.
| ||||||
11 | Notwithstanding the provisions of Section 10 of
the
Mental | ||||||
12 | Health and Developmental Disabilities Confidentiality Act, all
| ||||||
13 | evaluations conducted pursuant to this Act and all Illinois | ||||||
14 | Department of
Corrections treatment records shall be | ||||||
15 | admissible at all proceedings held
pursuant to this Act, | ||||||
16 | including the probable cause hearing and the trial.
| ||||||
17 | If the court determines that probable
cause does not exist | ||||||
18 | to believe that the person is a sexually
violent person, the | ||||||
19 | court shall dismiss the petition.
| ||||||
20 | (d) The Department shall promulgate rules that provide the
| ||||||
21 | qualifications for persons conducting evaluations under | ||||||
22 | subsection
(c) of this Section.
| ||||||
23 | (e) If the person named in the petition claims or appears | ||||||
24 | to be
indigent, the court shall, prior to the probable cause | ||||||
25 | hearing
under subsection (b) of this Section, appoint
counsel.
| ||||||
26 | (Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04; |
| |||||||
| |||||||
1 | 93-970, eff. 8-20-04.)
| ||||||
2 | (725 ILCS 207/35)
| ||||||
3 | Sec. 35. Trial.
| ||||||
4 | (a) A trial to determine whether the person who is the | ||||||
5 | subject
of a petition under Section 15 of this Act is a | ||||||
6 | sexually violent
person shall commence no later than 120 days | ||||||
7 | after the date of the
probable cause hearing under Section 30 | ||||||
8 | of this Act.
Delay is considered to be agreed to by the person | ||||||
9 | unless he or she
objects to the delay by making a written | ||||||
10 | demand for trial or an oral demand for
trial on the record. | ||||||
11 | Delay occasioned by the person temporarily suspends
for the | ||||||
12 | time of the delay the period within which a person must be | ||||||
13 | tried.
If the delay occurs within 21 days after the end of the | ||||||
14 | period within which a
person
must be tried, the court may | ||||||
15 | continue the cause on application of the State
for not more | ||||||
16 | than an additional 21 days beyond the period prescribed.
The | ||||||
17 | court
may grant a continuance of the trial date for good cause | ||||||
18 | upon its
own motion, the motion of any party or the stipulation | ||||||
19 | of the
parties, provided that any continuance granted shall be | ||||||
20 | subject to Section
103-5 of
the Code of Criminal Procedure of | ||||||
21 | 1963.
| ||||||
22 | (b) At the trial on the petition it
shall be competent to | ||||||
23 | introduce evidence of the commission by the respondent of
any | ||||||
24 | number of crimes together with whatever punishments, if any, | ||||||
25 | were imposed.
The petitioner may present expert
testimony from |
| |||||||
| |||||||
1 | both the Illinois Department of Corrections evaluator and the
| ||||||
2 | Department of Human Services or Department of Healthcare and | ||||||
3 | Family Services psychologist.
| ||||||
4 | (c) The person who is the subject of the petition, the | ||||||
5 | person's
attorney, the Attorney General or the State's Attorney | ||||||
6 | may request
that a trial under this Section be by a jury. A | ||||||
7 | request for a
jury trial under this subsection shall be made | ||||||
8 | within 10 days
after the probable cause hearing under Section | ||||||
9 | 30 of this Act. If
no request is made, the trial shall be by the | ||||||
10 | court. The person,
the person's attorney or the Attorney | ||||||
11 | General or State's Attorney,
whichever is applicable, may | ||||||
12 | withdraw his or her request for a
jury trial.
| ||||||
13 | (d) (1) At a trial on a petition under this Act, the | ||||||
14 | petitioner
has the burden of proving the allegations in the | ||||||
15 | petition beyond a
reasonable doubt.
| ||||||
16 | (2) If the State alleges that the sexually violent | ||||||
17 | offense
or act that forms the basis for the petition was an | ||||||
18 | act that was
sexually motivated as provided in paragraph | ||||||
19 | (e)(2) of Section 5 of this Act,
the
State is required to | ||||||
20 | prove beyond a reasonable doubt that the
alleged sexually | ||||||
21 | violent act was sexually motivated.
| ||||||
22 | (e) Evidence that the person who is the subject of a | ||||||
23 | petition
under Section 15 of this Act was convicted for or | ||||||
24 | committed
sexually violent offenses before committing the | ||||||
25 | offense or act on
which the petition is based is not sufficient | ||||||
26 | to establish beyond
a reasonable doubt that the person has a |
| |||||||
| |||||||
1 | mental disorder.
| ||||||
2 | (f) If the court or jury determines that the person who is | ||||||
3 | the
subject of a petition under Section 15 is a sexually | ||||||
4 | violent
person, the court shall enter a judgment on that | ||||||
5 | finding and shall
commit the person as provided under Section | ||||||
6 | 40 of this Act. If
the court or jury is not satisfied beyond a | ||||||
7 | reasonable doubt that
the person is a sexually violent person, | ||||||
8 | the court shall dismiss
the petition and direct that the person | ||||||
9 | be released unless he or
she is under some other lawful | ||||||
10 | restriction.
| ||||||
11 | (g) A judgment entered under subsection (f) of this Section | ||||||
12 | on
the finding that the person who is the subject of a petition | ||||||
13 | under
Section 15 is a sexually violent person is interlocutory | ||||||
14 | to a
commitment order under Section 40 and is reviewable on | ||||||
15 | appeal.
| ||||||
16 | (Source: P.A. 91-875, eff. 6-30-00; 92-415, eff. 8-17-01.)
| ||||||
17 | Section 1180. The Unified Code of Corrections is amended by | ||||||
18 | changing Sections 3-3-7, 3-6-2, 3-8-5, 3-8-6, 3-10-2, 3-10-5, | ||||||
19 | 3-10-6, 3-12-12, 3-14-1, 3-14-5, 3-15-4, 3-19-5, 3-19-10, | ||||||
20 | 5-2-4, 5-2-6, 5-3-4, 5-4-1, and 5-9-1.2 as follows:
| ||||||
21 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||||
22 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||||||
23 | Release.
| ||||||
24 | (a) The conditions of parole or mandatory
supervised |
| |||||||
| |||||||
1 | release shall be such as the Prisoner Review
Board deems | ||||||
2 | necessary to assist the subject in leading a
law-abiding life. | ||||||
3 | The conditions of every parole and mandatory
supervised release | ||||||
4 | are that the subject:
| ||||||
5 | (1) not violate any criminal statute of any | ||||||
6 | jurisdiction
during the parole or release term;
| ||||||
7 | (2) refrain from possessing a firearm or other | ||||||
8 | dangerous
weapon;
| ||||||
9 | (3) report to an agent of the Department of | ||||||
10 | Corrections;
| ||||||
11 | (4) permit the agent to visit him or her at his or her | ||||||
12 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
13 | the agent to discharge his or her duties;
| ||||||
14 | (5) attend or reside in a facility established for the | ||||||
15 | instruction or
residence
of persons on
parole or mandatory | ||||||
16 | supervised release;
| ||||||
17 | (6) secure permission before visiting or writing a | ||||||
18 | committed person in an
Illinois Department
of Corrections | ||||||
19 | facility;
| ||||||
20 | (7) report all arrests to an agent of the Department of | ||||||
21 | Corrections as
soon as
permitted by the
arresting authority | ||||||
22 | but in no event later than 24 hours after release from
| ||||||
23 | custody;
| ||||||
24 | (7.5) if convicted of a sex offense as defined in the | ||||||
25 | Sex Offender
Management Board Act, the individual shall | ||||||
26 | undergo and successfully complete
sex offender treatment |
| |||||||
| |||||||
1 | conducted in conformance with the standards developed by
| ||||||
2 | the Sex
Offender Management Board Act by a treatment | ||||||
3 | provider approved by the Board;
| ||||||
4 | (7.6) if convicted of a sex offense as defined in the | ||||||
5 | Sex Offender
Management Board Act, refrain from residing at | ||||||
6 | the same address or in the same condominium unit or | ||||||
7 | apartment unit or in the same condominium complex or | ||||||
8 | apartment complex with another person he or she knows or | ||||||
9 | reasonably should know is a convicted sex offender or has | ||||||
10 | been placed on supervision for a sex offense; the | ||||||
11 | provisions of this paragraph do not apply to a person | ||||||
12 | convicted of a sex offense who is placed in a Department of | ||||||
13 | Corrections licensed transitional housing facility for sex | ||||||
14 | offenders, or is in any facility operated or licensed by | ||||||
15 | the Department of Children and Family Services or by the | ||||||
16 | Department of Human Services or the Department of | ||||||
17 | Healthcare and Family Services , or is in any licensed | ||||||
18 | medical facility;
| ||||||
19 | (7.7) if convicted for an offense that would qualify | ||||||
20 | the accused as a sexual predator under the Sex Offender | ||||||
21 | Registration Act on or after the effective date of this | ||||||
22 | amendatory Act of the 94th General Assembly, wear an | ||||||
23 | approved electronic monitoring device as defined in | ||||||
24 | Section 5-8A-2 for the duration of the person's parole, | ||||||
25 | mandatory supervised release term, or extended mandatory | ||||||
26 | supervised release term and if convicted for an offense of |
| |||||||
| |||||||
1 | criminal sexual assault, aggravated criminal sexual | ||||||
2 | assault, predatory criminal sexual assault of a child, | ||||||
3 | criminal sexual abuse, aggravated criminal sexual abuse, | ||||||
4 | or ritualized abuse of a child committed on or after August | ||||||
5 | 11, 2009 ( the effective date of Public Act 96-236) this | ||||||
6 | amendatory Act of the 96th General Assembly when the victim | ||||||
7 | was under 18 years of age at the time of the commission of | ||||||
8 | the offense and the defendant used force or the threat of | ||||||
9 | force in the commission of the offense wear an approved | ||||||
10 | electronic monitoring device as defined in Section 5-8A-2 | ||||||
11 | that has Global Positioning System (GPS) capability for the | ||||||
12 | duration of the person's parole, mandatory supervised | ||||||
13 | release term, or extended mandatory supervised release | ||||||
14 | term;
| ||||||
15 | (7.8) if convicted for an offense committed on or after | ||||||
16 | the effective date of this amendatory Act of the 95th | ||||||
17 | General Assembly that would qualify the accused as a child | ||||||
18 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
19 | Criminal Code of 1961, refrain from communicating with or | ||||||
20 | contacting, by means of the Internet, a person who is not | ||||||
21 | related to the accused and whom the accused reasonably | ||||||
22 | believes to be under 18 years of age; for purposes of this | ||||||
23 | paragraph (7.8), "Internet" has the meaning ascribed to it | ||||||
24 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
25 | is not related to the accused if the person is not: (i) the | ||||||
26 | spouse, brother, or sister of the accused; (ii) a |
| |||||||
| |||||||
1 | descendant of the accused; (iii) a first or second cousin | ||||||
2 | of the accused; or (iv) a step-child or adopted child of | ||||||
3 | the accused;
| ||||||
4 | (7.9)
if convicted under Section 11-6, 11-20.1, | ||||||
5 | 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | ||||||
6 | search of computers, PDAs, cellular phones, and other | ||||||
7 | devices under his or her control that are capable of | ||||||
8 | accessing the Internet or storing electronic files, in | ||||||
9 | order to confirm Internet protocol addresses reported in | ||||||
10 | accordance with the Sex Offender Registration Act and | ||||||
11 | compliance with conditions in this Act;
| ||||||
12 | (7.10)
if convicted for an offense that would qualify | ||||||
13 | the accused as a sex offender or sexual predator under the | ||||||
14 | Sex Offender Registration Act on or after the effective | ||||||
15 | date of this amendatory Act of the 95th General Assembly, | ||||||
16 | not possess prescription drugs for erectile dysfunction;
| ||||||
17 | (7.11) if convicted for an offense under Section 11-6, | ||||||
18 | 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | ||||||
19 | Code of 1961, or any attempt to commit any of these | ||||||
20 | offenses, committed on or after June 1, 2009 (the effective | ||||||
21 | date of Public Act 95-983): | ||||||
22 | (i) not access or use a computer or any other | ||||||
23 | device with Internet capability without the prior | ||||||
24 | written approval of the Department; | ||||||
25 | (ii) submit to periodic unannounced examinations | ||||||
26 | of the offender's computer or any other device with |
| |||||||
| |||||||
1 | Internet capability by the offender's supervising | ||||||
2 | agent, a law enforcement officer, or assigned computer | ||||||
3 | or information technology specialist, including the | ||||||
4 | retrieval and copying of all data from the computer or | ||||||
5 | device and any internal or external peripherals and | ||||||
6 | removal of such information, equipment, or device to | ||||||
7 | conduct a more thorough inspection; | ||||||
8 | (iii) submit to the installation on the offender's | ||||||
9 | computer or device with Internet capability, at the | ||||||
10 | offender's expense, of one or more hardware or software | ||||||
11 | systems to monitor the Internet use; and | ||||||
12 | (iv) submit to any other appropriate restrictions | ||||||
13 | concerning the offender's use of or access to a | ||||||
14 | computer or any other device with Internet capability | ||||||
15 | imposed by the Board, the Department or the offender's | ||||||
16 | supervising agent; | ||||||
17 | (7.12) if convicted of a sex offense as defined in the | ||||||
18 | Sex Offender
Registration Act committed on or after January | ||||||
19 | 1, 2010 ( the effective date of Public Act 96-262) this | ||||||
20 | amendatory Act of the 96th General Assembly , refrain from | ||||||
21 | accessing or using a social networking website as defined | ||||||
22 | in Section 16D-2 of the Criminal Code of 1961;
| ||||||
23 | (7.13) (7.12) if convicted of a sex offense as defined | ||||||
24 | in Section 2 of the Sex Offender Registration Act committed | ||||||
25 | on or after January 1, 2010 ( the effective date of Public | ||||||
26 | Act 96-362) this amendatory Act of the 96th General |
| |||||||
| |||||||
1 | Assembly that requires the person to register as a sex | ||||||
2 | offender under that Act, may not knowingly use any computer | ||||||
3 | scrub software on any computer that the sex offender uses; | ||||||
4 | (8) obtain permission of an agent of the Department of | ||||||
5 | Corrections before
leaving the
State of Illinois;
| ||||||
6 | (9) obtain permission of an agent of the Department of | ||||||
7 | Corrections before
changing
his or her residence or | ||||||
8 | employment;
| ||||||
9 | (10) consent to a search of his or her person, | ||||||
10 | property, or residence
under his or her
control;
| ||||||
11 | (11) refrain from the use or possession of narcotics or | ||||||
12 | other controlled
substances in
any form, or both, or any | ||||||
13 | paraphernalia related to those substances and submit
to a
| ||||||
14 | urinalysis test as instructed by a parole agent of the | ||||||
15 | Department of
Corrections;
| ||||||
16 | (12) not frequent places where controlled substances | ||||||
17 | are illegally sold,
used,
distributed, or administered;
| ||||||
18 | (13) not knowingly associate with other persons on | ||||||
19 | parole or mandatory
supervised
release without prior | ||||||
20 | written permission of his or her parole agent and not
| ||||||
21 | associate with
persons who are members of an organized gang | ||||||
22 | as that term is defined in the
Illinois
Streetgang | ||||||
23 | Terrorism Omnibus Prevention Act;
| ||||||
24 | (14) provide true and accurate information, as it | ||||||
25 | relates to his or her
adjustment in the
community while on | ||||||
26 | parole or mandatory supervised release or to his or her
|
| |||||||
| |||||||
1 | conduct
while incarcerated, in response to inquiries by his | ||||||
2 | or her parole agent or of
the
Department of Corrections;
| ||||||
3 | (15) follow any specific instructions provided by the | ||||||
4 | parole agent that
are consistent
with furthering | ||||||
5 | conditions set and approved by the Prisoner Review Board or | ||||||
6 | by
law,
exclusive of placement on electronic detention, to | ||||||
7 | achieve the goals and
objectives of his
or her parole or | ||||||
8 | mandatory supervised release or to protect the public. | ||||||
9 | These
instructions by the parole agent may be modified at | ||||||
10 | any time, as the agent
deems
appropriate;
| ||||||
11 | (16) if convicted of a sex offense as defined in | ||||||
12 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
13 | offender is a parent or guardian of the person under 18 | ||||||
14 | years of age present in the home and no non-familial minors | ||||||
15 | are present, not participate in a holiday event involving | ||||||
16 | children under 18 years of age, such as distributing candy | ||||||
17 | or other items to children on Halloween, wearing a Santa | ||||||
18 | Claus costume on or preceding Christmas, being employed as | ||||||
19 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
20 | costume on or preceding Easter; and | ||||||
21 | (17) if convicted of a violation of an order of | ||||||
22 | protection under Section 12-30 of the Criminal Code of | ||||||
23 | 1961, be placed under electronic surveillance as provided | ||||||
24 | in Section 5-8A-7 of this Code. | ||||||
25 | (b) The Board may in addition to other conditions
require | ||||||
26 | that the subject:
|
| |||||||
| |||||||
1 | (1) work or pursue a course of study or vocational | ||||||
2 | training;
| ||||||
3 | (2) undergo medical or psychiatric treatment, or | ||||||
4 | treatment
for drug addiction or alcoholism;
| ||||||
5 | (3) attend or reside in a facility established for the
| ||||||
6 | instruction or residence of persons on probation or parole;
| ||||||
7 | (4) support his dependents;
| ||||||
8 | (5) (blank);
| ||||||
9 | (6) (blank);
| ||||||
10 | (7) comply with the terms and conditions of an order of | ||||||
11 | protection
issued pursuant to the Illinois Domestic | ||||||
12 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
13 | or an order of protection issued by the court of another
| ||||||
14 | state, tribe, or United States territory;
| ||||||
15 | (7.5) if convicted for an offense committed on or after | ||||||
16 | the effective date of this amendatory Act of the 95th | ||||||
17 | General Assembly that would qualify the accused as a child | ||||||
18 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
19 | Criminal Code of 1961, refrain from communicating with or | ||||||
20 | contacting, by means of the Internet, a person who is | ||||||
21 | related to the accused and whom the accused reasonably | ||||||
22 | believes to be under 18 years of age; for purposes of this | ||||||
23 | paragraph (7.5), "Internet" has the meaning ascribed to it | ||||||
24 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
25 | is related to the accused if the person is: (i) the spouse, | ||||||
26 | brother, or sister of the accused; (ii) a descendant of the |
| |||||||
| |||||||
1 | accused; (iii) a first or second cousin of the accused; or | ||||||
2 | (iv) a step-child or adopted child of the accused; | ||||||
3 | (7.6) if convicted for an offense committed on or after | ||||||
4 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
5 | would qualify as a sex offense as defined in the Sex | ||||||
6 | Offender Registration Act: | ||||||
7 | (i) not access or use a computer or any other | ||||||
8 | device with Internet capability without the prior | ||||||
9 | written approval of the Department; | ||||||
10 | (ii) submit to periodic unannounced examinations | ||||||
11 | of the offender's computer or any other device with | ||||||
12 | Internet capability by the offender's supervising | ||||||
13 | agent, a law enforcement officer, or assigned computer | ||||||
14 | or information technology specialist, including the | ||||||
15 | retrieval and copying of all data from the computer or | ||||||
16 | device and any internal or external peripherals and | ||||||
17 | removal of such information, equipment, or device to | ||||||
18 | conduct a more thorough inspection; | ||||||
19 | (iii) submit to the installation on the offender's | ||||||
20 | computer or device with Internet capability, at the | ||||||
21 | offender's expense, of one or more hardware or software | ||||||
22 | systems to monitor the Internet use; and | ||||||
23 | (iv) submit to any other appropriate restrictions | ||||||
24 | concerning the offender's use of or access to a | ||||||
25 | computer or any other device with Internet capability | ||||||
26 | imposed by the Board, the Department or the offender's |
| |||||||
| |||||||
1 | supervising agent; and
| ||||||
2 | (8) in addition, if a minor:
| ||||||
3 | (i) reside with his parents or in a foster home;
| ||||||
4 | (ii) attend school;
| ||||||
5 | (iii) attend a non-residential program for youth; | ||||||
6 | or
| ||||||
7 | (iv) contribute to his own support at home or in a | ||||||
8 | foster
home.
| ||||||
9 | (b-1) In addition to the conditions set forth in | ||||||
10 | subsections (a) and (b), persons required to register as sex | ||||||
11 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
12 | release from the custody of the Illinois Department of | ||||||
13 | Corrections, may be required by the Board to comply with the | ||||||
14 | following specific conditions of release: | ||||||
15 | (1) reside only at a Department approved location; | ||||||
16 | (2) comply with all requirements of the Sex Offender | ||||||
17 | Registration Act;
| ||||||
18 | (3) notify
third parties of the risks that may be | ||||||
19 | occasioned by his or her criminal record; | ||||||
20 | (4) obtain the approval of an agent of the Department | ||||||
21 | of Corrections prior to accepting employment or pursuing a | ||||||
22 | course of study or vocational training and notify the | ||||||
23 | Department prior to any change in employment, study, or | ||||||
24 | training; | ||||||
25 | (5) not be employed or participate in any
volunteer | ||||||
26 | activity that involves contact with children, except under |
| |||||||
| |||||||
1 | circumstances approved in advance and in writing by an | ||||||
2 | agent of the Department of Corrections; | ||||||
3 | (6) be electronically monitored for a minimum of 12 | ||||||
4 | months from the date of release as determined by the Board;
| ||||||
5 | (7) refrain from entering into a designated
geographic | ||||||
6 | area except upon terms approved in advance by an agent of | ||||||
7 | the Department of Corrections. The terms may include | ||||||
8 | consideration of the purpose of the entry, the time of day, | ||||||
9 | and others accompanying the person; | ||||||
10 | (8) refrain from having any contact, including
written | ||||||
11 | or oral communications, directly or indirectly, personally | ||||||
12 | or by telephone, letter, or through a third party with | ||||||
13 | certain specified persons including, but not limited to, | ||||||
14 | the victim or the victim's family without the prior written | ||||||
15 | approval of an agent of the Department of Corrections; | ||||||
16 | (9) refrain from all contact, directly or
indirectly, | ||||||
17 | personally, by telephone, letter, or through a third party, | ||||||
18 | with minor children without prior identification and | ||||||
19 | approval of an agent of the Department of Corrections; | ||||||
20 | (10) neither possess or have under his or her
control | ||||||
21 | any material that is sexually oriented, sexually | ||||||
22 | stimulating, or that shows male or female sex organs or any | ||||||
23 | pictures depicting children under 18 years of age nude or | ||||||
24 | any written or audio material describing sexual | ||||||
25 | intercourse or that depicts or alludes to sexual activity, | ||||||
26 | including but not limited to visual, auditory, telephonic, |
| |||||||
| |||||||
1 | or electronic media, or any matter obtained through access | ||||||
2 | to any computer or material linked to computer access use; | ||||||
3 | (11) not patronize any business providing
sexually | ||||||
4 | stimulating or sexually oriented entertainment nor utilize | ||||||
5 | "900" or adult telephone numbers; | ||||||
6 | (12) not reside near, visit, or be in or about
parks, | ||||||
7 | schools, day care centers, swimming pools, beaches, | ||||||
8 | theaters, or any other places where minor children | ||||||
9 | congregate without advance approval of an agent of the | ||||||
10 | Department of Corrections and immediately report any | ||||||
11 | incidental contact with minor children to the Department; | ||||||
12 | (13) not possess or have under his or her control
| ||||||
13 | certain specified items of contraband related to the | ||||||
14 | incidence of sexually offending as determined by an agent | ||||||
15 | of the Department of Corrections; | ||||||
16 | (14) may be required to provide a written daily log of | ||||||
17 | activities
if directed by an agent of the Department of | ||||||
18 | Corrections; | ||||||
19 | (15) comply with all other special conditions
that the | ||||||
20 | Department may impose that restrict the person from | ||||||
21 | high-risk situations and limit access to potential | ||||||
22 | victims; | ||||||
23 | (16) take an annual polygraph exam; | ||||||
24 | (17) maintain a log of his or her travel; or | ||||||
25 | (18) obtain prior approval of his or her parole officer | ||||||
26 | before driving alone in a motor vehicle.
|
| |||||||
| |||||||
1 | (c) The conditions under which the parole or mandatory
| ||||||
2 | supervised release is to be served shall be communicated to
the | ||||||
3 | person in writing prior to his release, and he shall
sign the | ||||||
4 | same before release. A signed copy of these conditions,
| ||||||
5 | including a copy of an order of protection where one had been | ||||||
6 | issued by the
criminal court, shall be retained by the person | ||||||
7 | and another copy forwarded to
the officer in charge of his | ||||||
8 | supervision.
| ||||||
9 | (d) After a hearing under Section 3-3-9, the Prisoner
| ||||||
10 | Review Board may modify or enlarge the conditions of parole
or | ||||||
11 | mandatory supervised release.
| ||||||
12 | (e) The Department shall inform all offenders committed to
| ||||||
13 | the Department of the optional services available to them
upon | ||||||
14 | release and shall assist inmates in availing themselves
of such | ||||||
15 | optional services upon their release on a voluntary
basis. | ||||||
16 | (f) When the subject is in compliance with all conditions | ||||||
17 | of his or her parole or mandatory supervised release, the | ||||||
18 | subject shall receive a reduction of the period of his or her | ||||||
19 | parole or mandatory supervised release of 90 days upon passage | ||||||
20 | of the high school level Test of General Educational | ||||||
21 | Development during the period of his or her parole or mandatory | ||||||
22 | supervised release. This reduction in the period of a subject's | ||||||
23 | term of parole or mandatory supervised release shall be | ||||||
24 | available only to subjects who have not previously earned a | ||||||
25 | high school diploma or who have not previously passed the high | ||||||
26 | school level Test of General Educational Development.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579, | ||||||
2 | eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, | ||||||
3 | eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09; | ||||||
4 | 96-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; | ||||||
5 | revised 9-25-09.)
| ||||||
6 | (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | ||||||
7 | Sec. 3-6-2. Institutions and Facility Administration.
| ||||||
8 | (a) Each institution and facility of the Department shall | ||||||
9 | be
administered by a chief administrative officer appointed by
| ||||||
10 | the Director. A chief administrative officer shall be
| ||||||
11 | responsible for all persons assigned to the institution or
| ||||||
12 | facility. The chief administrative officer shall administer
| ||||||
13 | the programs of the Department for the custody and treatment
of | ||||||
14 | such persons.
| ||||||
15 | (b) The chief administrative officer shall have such | ||||||
16 | assistants
as the Department may assign.
| ||||||
17 | (c) The Director or Assistant Director shall have the
| ||||||
18 | emergency powers to temporarily transfer individuals without
| ||||||
19 | formal procedures to any State, county, municipal or regional
| ||||||
20 | correctional or detention institution or facility in the State,
| ||||||
21 | subject to the acceptance of such receiving institution or
| ||||||
22 | facility, or to designate any reasonably secure place in the
| ||||||
23 | State as such an institution or facility and to make transfers
| ||||||
24 | thereto. However, transfers made under emergency powers shall
| ||||||
25 | be reviewed as soon as practicable under Article 8, and shall
|
| |||||||
| |||||||
1 | be subject to Section 5-905 of the Juvenile Court Act of
1987. | ||||||
2 | This Section shall not apply to transfers to the Department of
| ||||||
3 | Human Services or the Department of Healthcare and Family | ||||||
4 | Services which are provided for under
Section 3-8-5 or Section | ||||||
5 | 3-10-5.
| ||||||
6 | (d) The Department shall provide educational programs for | ||||||
7 | all
committed persons so that all persons have an opportunity | ||||||
8 | to
attain the achievement level equivalent to the completion of
| ||||||
9 | the twelfth grade in the public school system in this State.
| ||||||
10 | Other higher levels of attainment shall be encouraged and
| ||||||
11 | professional instruction shall be maintained wherever | ||||||
12 | possible.
The Department may establish programs of mandatory | ||||||
13 | education and may
establish rules and regulations for the | ||||||
14 | administration of such programs.
A person committed to the | ||||||
15 | Department who, during the period of his or her
incarceration, | ||||||
16 | participates in an educational program provided by or through
| ||||||
17 | the Department and through that program is awarded or earns the | ||||||
18 | number of
hours of credit required for the award of an | ||||||
19 | associate, baccalaureate, or
higher degree from a community | ||||||
20 | college, college, or university located in
Illinois shall | ||||||
21 | reimburse the State, through the Department, for the costs
| ||||||
22 | incurred by the State in providing that person during his or | ||||||
23 | her incarceration
with the education that qualifies him or her | ||||||
24 | for the award of that degree. The
costs for which reimbursement | ||||||
25 | is required under this subsection shall be
determined and | ||||||
26 | computed by the Department under rules and regulations that
it |
| |||||||
| |||||||
1 | shall establish for that purpose. However, interest at the rate | ||||||
2 | of 6%
per annum shall be charged on the balance of those costs | ||||||
3 | from time to time
remaining unpaid, from the date of the | ||||||
4 | person's parole, mandatory supervised
release, or release | ||||||
5 | constituting a final termination of his or her commitment
to | ||||||
6 | the Department until paid.
| ||||||
7 | (d-5) A person committed to the Department is entitled to | ||||||
8 | confidential testing for infection with human immunodeficiency | ||||||
9 | virus (HIV) and to counseling in connection with such testing, | ||||||
10 | with no copay to the committed person. A person committed to | ||||||
11 | the Department who has tested positive for infection with HIV | ||||||
12 | is entitled to medical care while incarcerated, counseling, and | ||||||
13 | referrals to support services, in connection with that positive | ||||||
14 | test result. Implementation of this subsection (d-5) is subject | ||||||
15 | to appropriation.
| ||||||
16 | (e) A person committed to the Department who becomes in | ||||||
17 | need
of medical or surgical treatment but is incapable of | ||||||
18 | giving
consent thereto shall receive such medical or surgical | ||||||
19 | treatment
by the chief administrative officer consenting on the | ||||||
20 | person's behalf.
Before the chief administrative officer | ||||||
21 | consents, he or she shall
obtain the advice of one or more | ||||||
22 | physicians licensed to practice medicine
in all its branches in | ||||||
23 | this State. If such physician or physicians advise:
| ||||||
24 | (1) that immediate medical or surgical treatment is | ||||||
25 | required
relative to a condition threatening to cause | ||||||
26 | death, damage or
impairment to bodily functions, or |
| |||||||
| |||||||
1 | disfigurement; and
| ||||||
2 | (2) that the person is not capable of giving consent to | ||||||
3 | such treatment;
the chief administrative officer may give | ||||||
4 | consent for such
medical or surgical treatment, and such | ||||||
5 | consent shall be
deemed to be the consent of the person for | ||||||
6 | all purposes,
including, but not limited to, the authority | ||||||
7 | of a physician
to give such treatment. | ||||||
8 | (e-5) If a physician providing medical care to a committed | ||||||
9 | person on behalf of the Department advises the chief | ||||||
10 | administrative officer that the committed person's mental or | ||||||
11 | physical health has deteriorated as a result of the cessation | ||||||
12 | of ingestion of food or liquid to the point where medical or | ||||||
13 | surgical treatment is required to prevent death, damage, or | ||||||
14 | impairment to bodily functions, the chief administrative | ||||||
15 | officer may authorize such medical or surgical treatment.
| ||||||
16 | (f) In the event that the person requires medical care and
| ||||||
17 | treatment at a place other than the institution or facility,
| ||||||
18 | the person may be removed therefrom under conditions prescribed
| ||||||
19 | by the Department.
The Department shall require the committed | ||||||
20 | person receiving medical or dental
services on a non-emergency | ||||||
21 | basis to pay a $2 co-payment to the Department for
each visit | ||||||
22 | for medical or dental services. The amount of each co-payment | ||||||
23 | shall be deducted from the
committed person's individual | ||||||
24 | account.
A committed person who has a chronic illness, as | ||||||
25 | defined by Department rules
and regulations, shall be exempt | ||||||
26 | from the $2 co-payment for treatment of the
chronic illness. A |
| |||||||
| |||||||
1 | committed person shall not be subject to a $2 co-payment
for | ||||||
2 | follow-up visits ordered by a physician, who is employed by, or | ||||||
3 | contracts
with, the Department. A committed person who is | ||||||
4 | indigent is exempt from the
$2 co-payment
and is entitled to | ||||||
5 | receive medical or dental services on the same basis as a
| ||||||
6 | committed person who is financially able to afford the | ||||||
7 | co-payment.
Notwithstanding any other provision in this | ||||||
8 | subsection (f) to the contrary,
any person committed to any | ||||||
9 | facility operated by the Department of Juvenile Justice, as set
| ||||||
10 | forth in Section 3-2.5-15 of this Code, is exempt from the
| ||||||
11 | co-payment requirement for the duration of confinement in those | ||||||
12 | facilities.
| ||||||
13 | (g) Any person having sole custody of a child at
the time | ||||||
14 | of commitment or any woman giving birth to a child after
her | ||||||
15 | commitment, may arrange through the Department of Children
and | ||||||
16 | Family Services for suitable placement of the child outside
of | ||||||
17 | the Department of Corrections. The Director of the Department
| ||||||
18 | of Corrections may determine that there are special reasons why
| ||||||
19 | the child should continue in the custody of the mother until | ||||||
20 | the
child is 6 years old.
| ||||||
21 | (h) The Department may provide Family Responsibility | ||||||
22 | Services which
may consist of, but not be limited to the | ||||||
23 | following:
| ||||||
24 | (1) family advocacy counseling;
| ||||||
25 | (2) parent self-help group;
| ||||||
26 | (3) parenting skills training;
|
| |||||||
| |||||||
1 | (4) parent and child overnight program;
| ||||||
2 | (5) parent and child reunification counseling, either | ||||||
3 | separately or
together, preceding the inmate's release; | ||||||
4 | and
| ||||||
5 | (6) a prerelease reunification staffing involving the | ||||||
6 | family advocate,
the inmate and the child's counselor, or | ||||||
7 | both and the inmate.
| ||||||
8 | (i) Prior to the release of any inmate who has a documented | ||||||
9 | history
of intravenous drug use, and upon the receipt of that | ||||||
10 | inmate's written
informed consent, the Department shall | ||||||
11 | provide for the testing of such
inmate for infection with human | ||||||
12 | immunodeficiency virus (HIV) and any other
identified | ||||||
13 | causative agent of acquired immunodeficiency syndrome (AIDS). | ||||||
14 | The
testing provided under this subsection shall consist of an | ||||||
15 | enzyme-linked
immunosorbent assay (ELISA) test or such other | ||||||
16 | test as may be approved by
the Illinois Department of Public | ||||||
17 | Health. If the test result is positive,
the Western Blot Assay | ||||||
18 | or more reliable confirmatory test shall be
administered. All | ||||||
19 | inmates tested in accordance with the provisions of this
| ||||||
20 | subsection shall be provided with pre-test and post-test | ||||||
21 | counseling.
Notwithstanding any provision of this subsection | ||||||
22 | to the contrary, the
Department shall not be required to | ||||||
23 | conduct the testing and counseling
required by this subsection | ||||||
24 | unless sufficient funds to cover all costs of
such testing and | ||||||
25 | counseling are appropriated for that
purpose by the General | ||||||
26 | Assembly.
|
| |||||||
| |||||||
1 | (j) Any person convicted of a sex offense as defined in the | ||||||
2 | Sex Offender
Management Board Act shall be required to receive | ||||||
3 | a sex offender evaluation
prior to release into the community | ||||||
4 | from the Department of Corrections. The
sex offender evaluation | ||||||
5 | shall be conducted in conformance with the standards
and | ||||||
6 | guidelines developed under
the Sex Offender Management Board | ||||||
7 | Act and by an evaluator approved by the
Board.
| ||||||
8 | (k) Any minor committed to the Department of Juvenile | ||||||
9 | Justice
for a sex offense as defined by the Sex Offender | ||||||
10 | Management Board Act shall be
required to undergo sex offender | ||||||
11 | treatment by a treatment provider approved by
the Board and | ||||||
12 | conducted in conformance with the Sex Offender Management Board
| ||||||
13 | Act.
| ||||||
14 | (l) Prior to the release of any inmate, the Department must | ||||||
15 | provide the inmate with the option of testing for infection | ||||||
16 | with human immunodeficiency virus (HIV), as well as counseling | ||||||
17 | in connection with such testing, with no copayment for the | ||||||
18 | test. At the same time, the Department shall require each such | ||||||
19 | inmate to sign a form stating that the inmate has been informed | ||||||
20 | of his or her rights with respect to the testing required to be | ||||||
21 | offered under this subsection (l) and providing the inmate with | ||||||
22 | an opportunity to indicate either that he or she wants to be | ||||||
23 | tested or that he or she does not want to be tested. The | ||||||
24 | Department, in consultation with the Department of Public | ||||||
25 | Health, shall prescribe the contents of the form. The
testing | ||||||
26 | provided under this subsection (l) shall consist of an |
| |||||||
| |||||||
1 | enzyme-linked
immunosorbent assay (ELISA) test or any other | ||||||
2 | test approved by
the Department of Public Health. If the test | ||||||
3 | result is positive,
the Western Blot Assay or more reliable | ||||||
4 | confirmatory test shall be
administered. | ||||||
5 | Prior to the release of an inmate who the Department knows | ||||||
6 | has tested positive for infection with HIV, the Department in a | ||||||
7 | timely manner shall offer the inmate transitional case | ||||||
8 | management, including referrals to other support services.
| ||||||
9 | Implementation of this subsection (l) is subject to | ||||||
10 | appropriation.
| ||||||
11 | (m) The chief administrative officer of each institution or | ||||||
12 | facility of the Department shall make a room in the institution | ||||||
13 | or facility available for addiction recovery services to be | ||||||
14 | provided to committed persons on a voluntary basis. The | ||||||
15 | services shall be provided for one hour once a week at a time | ||||||
16 | specified by the chief administrative officer of the | ||||||
17 | institution or facility if the following conditions are met: | ||||||
18 | (1) the addiction recovery service contacts the chief | ||||||
19 | administrative officer to arrange the meeting; | ||||||
20 | (2) the committed person may attend the meeting for | ||||||
21 | addiction recovery services only if the committed person | ||||||
22 | uses pre-existing free time already available to the | ||||||
23 | committed person; | ||||||
24 | (3) all disciplinary and other rules of the institution | ||||||
25 | or facility remain in effect; | ||||||
26 | (4) the committed person is not given any additional |
| |||||||
| |||||||
1 | privileges to attend addiction recovery services; | ||||||
2 | (5) if the addiction recovery service does not arrange | ||||||
3 | for scheduling a meeting for that week, no addiction | ||||||
4 | recovery services shall be provided to the committed person | ||||||
5 | in the institution or facility for that week; | ||||||
6 | (6) the number of committed persons who may attend an | ||||||
7 | addiction recovery meeting shall not exceed 40 during any | ||||||
8 | session held at the correctional institution or facility; | ||||||
9 | (7) a volunteer seeking to provide addiction recovery | ||||||
10 | services under this subsection (m) must submit an | ||||||
11 | application to the Department of Corrections under | ||||||
12 | existing Department rules and the Department must review | ||||||
13 | the application within 60 days after submission of the | ||||||
14 | application to the Department; and | ||||||
15 | (8) each institution and facility of the Department | ||||||
16 | shall manage the addiction recovery services program | ||||||
17 | according to its own processes and procedures. | ||||||
18 | For the purposes of this subsection (m), "addiction | ||||||
19 | recovery services" means recovery services for alcoholics and | ||||||
20 | addicts provided by volunteers of recovery support services | ||||||
21 | recognized by the Department of Human Services or the | ||||||
22 | Department of Healthcare and Family Services . | ||||||
23 | (Source: P.A. 96-284, eff. 1-1-10.)
| ||||||
24 | (730 ILCS 5/3-8-5) (from Ch. 38, par. 1003-8-5)
| ||||||
25 | Sec. 3-8-5. Transfer to Department of Human Services or |
| |||||||
| |||||||
1 | Department of Healthcare and Family Services .
| ||||||
2 | (a) The Department shall cause inquiry and examination at
| ||||||
3 | periodic intervals to ascertain whether any person committed to | ||||||
4 | it may be
subject to involuntary admission, as defined in | ||||||
5 | Section 1-119 of the Mental
Health and Developmental | ||||||
6 | Disabilities Code, or meets the standard for judicial
admission | ||||||
7 | as defined in Section 4-500 of the Mental Health and | ||||||
8 | Developmental
Disabilities Code, or is an addict, alcoholic or | ||||||
9 | intoxicated person as
defined in the Alcoholism and Other Drug | ||||||
10 | Abuse and Dependency
Act. The Department may provide special | ||||||
11 | psychiatric or psychological
or other counseling or treatment | ||||||
12 | to such persons in a separate institution
within the | ||||||
13 | Department, or the Director of the Department of Corrections
| ||||||
14 | may transfer such persons other than addicts, alcoholics or | ||||||
15 | intoxicated
persons to the Department of Human Services (before | ||||||
16 | January 1, 2011) or the Department of Healthcare and Family | ||||||
17 | Services (on or after January 1, 2011) for observation, | ||||||
18 | diagnosis and treatment, subject
to the approval
of the | ||||||
19 | Secretary Director of the Department of Human Services or the | ||||||
20 | Director of Healthcare and Family Services , for a period of not | ||||||
21 | more than 6 months, if the person
consents in writing to the | ||||||
22 | transfer. The person shall be advised of his
right not to | ||||||
23 | consent, and if he does not consent, such transfer may be
| ||||||
24 | effected only by commitment under paragraphs (c) and (d) of | ||||||
25 | this Section.
| ||||||
26 | (b) The person's spouse, guardian or nearest relative and |
| |||||||
| |||||||
1 | his attorney
of record shall be advised of their right to | ||||||
2 | object, and if objection is
made, such transfer may be effected | ||||||
3 | only by commitment under paragraph (c)
of this Section. Notices | ||||||
4 | of such transfer shall be mailed to such person's
spouse, | ||||||
5 | guardian or nearest relative and to the attorney of record | ||||||
6 | marked
for delivery to addressee only at his last known address | ||||||
7 | by certified mail
with return receipt requested together with | ||||||
8 | written notification of the
manner and time within which he may | ||||||
9 | object thereto.
| ||||||
10 | (c) If a committed person does not consent to his transfer | ||||||
11 | to the Department
of Human Services or the Department of | ||||||
12 | Healthcare and Family Services or if a
person objects under
| ||||||
13 | paragraph (b) of this Section, or if the Department of Human | ||||||
14 | Services or the Department of Healthcare and Family Services | ||||||
15 | determines that a transferred
person requires
commitment to the | ||||||
16 | Department of Human Services or the Department of Healthcare | ||||||
17 | and Family Services
for more than 6 months, or if the person's | ||||||
18 | sentence will expire within 6
months, the Director of the | ||||||
19 | Department of Corrections shall file a petition
in the circuit | ||||||
20 | court of the county in which the correctional institution
or | ||||||
21 | facility is located requesting the transfer of such person to | ||||||
22 | the
Department of Human Services or the Department of | ||||||
23 | Healthcare and Family Services . A certificate
of a | ||||||
24 | psychiatrist, clinical psychologist or, if
admission to a | ||||||
25 | developmental disability facility is sought, of a
physician | ||||||
26 | that the person is in need of commitment to the
Department of |
| |||||||
| |||||||
1 | Human Services or the Department of Healthcare and Family | ||||||
2 | Services for treatment
or habilitation shall be attached to the | ||||||
3 | petition. Copies of the
petition shall be furnished to the | ||||||
4 | named person and to the state's
attorneys of the county in | ||||||
5 | which the correctional institution or facility
is located and | ||||||
6 | the county in which the named person was committed to the
| ||||||
7 | Department of Corrections.
| ||||||
8 | (d) The court shall set a date for a hearing on the | ||||||
9 | petition within the
time limit set forth in the Mental Health | ||||||
10 | and Developmental Disabilities
Code. The hearing shall be | ||||||
11 | conducted in the manner prescribed by the Mental
Health and | ||||||
12 | Developmental Disabilities Code. If the person is found to be
| ||||||
13 | in need of commitment to the Department of Human Services or | ||||||
14 | the Department of Healthcare and Family Services for treatment | ||||||
15 | or habilitation, the
court may commit him to
that Department.
| ||||||
16 | (e) Nothing in this Section shall limit the right of the | ||||||
17 | Director or the
chief administrative officer of any institution | ||||||
18 | or facility to utilize the
emergency admission provisions of | ||||||
19 | the Mental Health and Developmental
Disabilities Code with | ||||||
20 | respect to any person in his custody or care. The
transfer of a | ||||||
21 | person to an institution or facility of the Department of Human
| ||||||
22 | Services or the Department of Healthcare and Family Services | ||||||
23 | under paragraph (a)
of this Section does not discharge the | ||||||
24 | person from the control of the
Department.
| ||||||
25 | (Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
|
| |||||||
| |||||||
1 | (730 ILCS 5/3-8-6) (from Ch. 38, par. 1003-8-6)
| ||||||
2 | Sec. 3-8-6. Return and Release from Department of Human | ||||||
3 | Services or Department of Healthcare and Family Services .
| ||||||
4 | (a) The Department of
Human Services or the Department of | ||||||
5 | Healthcare and Family Services
shall return to the Department | ||||||
6 | of Corrections any person committed to it
under Section 3-8-5, | ||||||
7 | whose sentence has not expired and whom the Department of
Human | ||||||
8 | Services or the Department of Healthcare and Family Services | ||||||
9 | deems no
longer subject to involuntary admission, or no longer | ||||||
10 | meets the standard for
judicial admission.
| ||||||
11 | (b) If a person returned to the Department of Corrections | ||||||
12 | under paragraph
(a) of this Section is eligible for parole and | ||||||
13 | has not had a parole hearing
within the preceding 6 months, he | ||||||
14 | shall have a parole hearing within 45
days after his return.
| ||||||
15 | (c) The Department of Corrections shall notify the | ||||||
16 | Secretary of Human
Services or the Director of Healthcare and | ||||||
17 | Family Services of the expiration of the sentence of
any person | ||||||
18 | transferred to the Department of Human Services or the | ||||||
19 | Department of Healthcare and Family Services under Section | ||||||
20 | 3-8-5. If the Department of
Human Services or the Department of | ||||||
21 | Healthcare and Family Services determines that a person | ||||||
22 | transferred to it under
paragraph (a) of Section 3-8-5 requires | ||||||
23 | further hospitalization, it shall
file a petition for the | ||||||
24 | involuntary or judicial admission of such person
under the | ||||||
25 | Mental Health and Developmental Disabilities Code.
| ||||||
26 | (d) The Department of Human Services or the Department of |
| |||||||
| |||||||
1 | Healthcare and Family Services shall
release under the Mental | ||||||
2 | Health and Developmental Disabilities Code, any
person | ||||||
3 | transferred to it under paragraph (c) of Section 3-8-5, whose | ||||||
4 | sentence
and parole term have expired and whom the Department | ||||||
5 | of Human Services or the Department of Healthcare and Family | ||||||
6 | Services deems no longer subject to
involuntary admission, or | ||||||
7 | no longer meets the standard for judicial admission.
| ||||||
8 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
9 | (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| ||||||
10 | Sec. 3-10-2. Examination of Persons Committed to the | ||||||
11 | Department of Juvenile Justice.
| ||||||
12 | (a) A person committed to the Department of Juvenile | ||||||
13 | Justice shall be examined in
regard to his medical, | ||||||
14 | psychological, social, educational and vocational
condition | ||||||
15 | and history, including the use of alcohol and other drugs,
the | ||||||
16 | circumstances of his offense and any other
information as the | ||||||
17 | Department of Juvenile Justice may determine.
| ||||||
18 | (a-5) Upon admission of a person committed to the | ||||||
19 | Department of Juvenile Justice, the Department of Juvenile | ||||||
20 | Justice must provide the person with appropriate written | ||||||
21 | information and counseling concerning HIV and AIDS. The | ||||||
22 | Department of Juvenile Justice shall develop the written | ||||||
23 | materials in consultation with the Department of Public Health. | ||||||
24 | At the same time, the Department of Juvenile Justice also must | ||||||
25 | offer the person the option of being tested, at no charge to |
| |||||||
| |||||||
1 | the person, for infection with human immunodeficiency virus | ||||||
2 | (HIV) or any other identified causative agent of acquired | ||||||
3 | immunodeficiency syndrome (AIDS). The Department of Juvenile | ||||||
4 | Justice shall require each person committed to the Department | ||||||
5 | of Juvenile Justice to sign a form stating that the person has | ||||||
6 | been informed of his or her rights with respect to the testing | ||||||
7 | required to be offered under this subsection (a-5) and | ||||||
8 | providing the person with an opportunity to indicate either | ||||||
9 | that he or she wants to be tested or that he or she does not | ||||||
10 | want to be tested. The Department of Juvenile Justice, in | ||||||
11 | consultation with the Department of Public Health, shall | ||||||
12 | prescribe the contents of the form. The testing provided under | ||||||
13 | this subsection (a-5) shall consist of an enzyme-linked | ||||||
14 | immunosorbent assay (ELISA) test or any other test approved by | ||||||
15 | the Department of Public Health. If the test result is | ||||||
16 | positive, the Western Blot Assay or more reliable confirmatory | ||||||
17 | test shall be administered. | ||||||
18 | Also upon admission of a person committed to the Department | ||||||
19 | of Juvenile Justice, the Department of Juvenile Justice must | ||||||
20 | inform the person of the Department's obligation to provide the | ||||||
21 | person with medical care.
| ||||||
22 | Implementation of this subsection (a-5) is subject to | ||||||
23 | appropriation.
| ||||||
24 | (b) Based on its examination, the Department of Juvenile | ||||||
25 | Justice may exercise the following
powers in developing a | ||||||
26 | treatment program of any person committed to the Department of |
| |||||||
| |||||||
1 | Juvenile Justice:
| ||||||
2 | (1) Require participation by him in vocational, | ||||||
3 | physical, educational
and corrective training and | ||||||
4 | activities to return him to the community.
| ||||||
5 | (2) Place him in any institution or facility of the | ||||||
6 | Department of Juvenile Justice.
| ||||||
7 | (3) Order replacement or referral to the Parole and | ||||||
8 | Pardon Board as
often as it deems desirable. The Department | ||||||
9 | of Juvenile Justice shall refer the person to the
Parole | ||||||
10 | and Pardon Board as required under Section 3-3-4.
| ||||||
11 | (4) Enter into agreements with the Secretary of Human | ||||||
12 | Services , the Director of Healthcare and Family Services, | ||||||
13 | and
the Director of Children and Family
Services, with | ||||||
14 | courts having probation officers, and with private | ||||||
15 | agencies
or institutions for separate care or special | ||||||
16 | treatment of persons subject
to the control of the | ||||||
17 | Department of Juvenile Justice.
| ||||||
18 | (c) The Department of Juvenile Justice shall make periodic | ||||||
19 | reexamination of all persons
under the control of the | ||||||
20 | Department of Juvenile Justice to determine whether existing
| ||||||
21 | orders in individual cases should be modified or continued. | ||||||
22 | This
examination shall be made with respect to every person at | ||||||
23 | least once
annually.
| ||||||
24 | (d) A record of the treatment decision including any | ||||||
25 | modification
thereof and the reason therefor, shall be part of | ||||||
26 | the committed person's
master record file.
|
| |||||||
| |||||||
1 | (e) The Department of Juvenile Justice shall by certified | ||||||
2 | mail, return receipt requested,
notify the parent, guardian or | ||||||
3 | nearest relative of any person committed to
the Department of | ||||||
4 | Juvenile Justice of his physical location and any change | ||||||
5 | thereof.
| ||||||
6 | (Source: P.A. 94-629, eff. 1-1-06; 94-696, eff. 6-1-06 .)
| ||||||
7 | (730 ILCS 5/3-10-5) (from Ch. 38, par. 1003-10-5)
| ||||||
8 | Sec. 3-10-5. Transfers to the Department of Human Services | ||||||
9 | or Department of Healthcare and Family Services .
| ||||||
10 | (a) If a person committed to the Department of Juvenile | ||||||
11 | Justice meets the
standard for admission of a minor to a mental | ||||||
12 | health facility or is suitable
for admission to a developmental | ||||||
13 | disability facility, as these terms are
used in the Mental | ||||||
14 | Health and Developmental Disabilities Code, the
Department may | ||||||
15 | transfer the person to an appropriate State
hospital or | ||||||
16 | institution of the Department of Human Services (before January | ||||||
17 | 1, 2011) or the Department of Healthcare and Family Services | ||||||
18 | (on or after January 1, 2011)
for a period not to exceed 6 | ||||||
19 | months, if the person consents in writing to
the transfer. The | ||||||
20 | person shall be advised of his right not to consent, and
if he | ||||||
21 | does not consent, the transfer may be effected only by
| ||||||
22 | commitment under paragraph (e) of this Section.
| ||||||
23 | (b) The parent, guardian or nearest relative and the | ||||||
24 | attorney of record
shall be advised of his right to object. If | ||||||
25 | an
objection is made, the
transfer may be effected only by |
| |||||||
| |||||||
1 | commitment under paragraph (e) of this
Section. Notice of the | ||||||
2 | transfer shall be mailed to the person's parent,
guardian or | ||||||
3 | nearest relative marked for delivery to addressee only at his
| ||||||
4 | last known address by certified mail with return receipt | ||||||
5 | requested together
with written notification of the manner and | ||||||
6 | time within which he may object
to the transfer. Objection to | ||||||
7 | the transfer must be made by
the parent, guardian
or nearest | ||||||
8 | relative within 15 days of receipt of the notification of
| ||||||
9 | transfer, by written notice of the objection to the Director of | ||||||
10 | Juvenile Justice or
chief administrative officer of the | ||||||
11 | institution or facility of the
Department of Juvenile Justice | ||||||
12 | where the person was confined.
| ||||||
13 | (c) If a person committed to the Department under the | ||||||
14 | Juvenile Court Act
or the Juvenile Court Act of 1987 is | ||||||
15 | committed to a hospital or facility of the
Department of Human | ||||||
16 | Services or the Department of Healthcare and Family Services | ||||||
17 | under this Section, the Director of Juvenile Justice shall so | ||||||
18 | notify the committing juvenile court.
| ||||||
19 | (d) Nothing in this Section shall limit the right of the | ||||||
20 | Director
of Juvenile Justice or the chief administrative | ||||||
21 | officer of any institution
or facility to utilize the emergency | ||||||
22 | admission provisions of the Mental
Health and Developmental | ||||||
23 | Disabilities Code with respect to any person in
his custody or | ||||||
24 | care. The transfer of a person to an institution or facility
of | ||||||
25 | the Department of Human Services or the Department of | ||||||
26 | Healthcare and Family Services under
paragraph (a) of this |
| |||||||
| |||||||
1 | Section does not discharge the person from the control
of the | ||||||
2 | Department of Juvenile Justice.
| ||||||
3 | (e) If the person does not consent to his transfer to the | ||||||
4 | Department of
Human Services or the Department of Healthcare | ||||||
5 | and Family Services or if a
person objects under paragraph (b) | ||||||
6 | of this Section, or if the Department of
Human Services or the | ||||||
7 | Department of Healthcare and Family Services determines
that a | ||||||
8 | transferred person requires
admission to the Department of | ||||||
9 | Human Services or the Department of Healthcare and Family | ||||||
10 | Services
for more than 6 months for any reason, the Director of | ||||||
11 | Juvenile Justice shall file a petition in the circuit court of | ||||||
12 | the county in which
the institution or facility is located | ||||||
13 | requesting admission of the person
to the Department of Human | ||||||
14 | Services or the Department of Healthcare and Family Services . A
| ||||||
15 | certificate of a clinical psychologist, licensed clinical | ||||||
16 | social
worker who is a qualified examiner as defined in Section | ||||||
17 | 1-122 of the
Mental Health and Developmental Disabilities Code, | ||||||
18 | or psychiatrist,
or, if admission to
a developmental disability | ||||||
19 | facility is sought, of a physician that the
person is in need | ||||||
20 | of commitment to the Department of Human Services or the | ||||||
21 | Department of Healthcare and Family Services for treatment or | ||||||
22 | habilitation
shall be attached
to the petition. Copies of the | ||||||
23 | petition shall be furnished to the named
person, his parent, or | ||||||
24 | guardian or nearest relative, the committing
court, and to the | ||||||
25 | state's attorneys of the county in which the institution
or | ||||||
26 | facility of the Department of Juvenile Justice from which the |
| |||||||
| |||||||
1 | person was transferred
is located and the county from which the | ||||||
2 | named person was committed to
the Department of Juvenile | ||||||
3 | Justice.
| ||||||
4 | (f) The court shall set a date for a hearing on the | ||||||
5 | petition within the
time limit set forth in the Mental Health | ||||||
6 | and Developmental Disabilities
Code. The hearing shall be | ||||||
7 | conducted in the manner prescribed by the Mental
Health and | ||||||
8 | Developmental Disabilities Code. If the person is found to be
| ||||||
9 | in need of commitment to the Department of Human Services or | ||||||
10 | the Department of Healthcare and Family Services for treatment | ||||||
11 | or
habilitation, the court may
commit him to
that Department.
| ||||||
12 | (g) In the event that a person committed to the Department | ||||||
13 | under the
Juvenile Court Act or the Juvenile Court Act of 1987 | ||||||
14 | is committed to facilities
of the Department of Human Services | ||||||
15 | or the Department of Healthcare and Family Services under | ||||||
16 | paragraph (e) of this Section, the
Director of Juvenile Justice | ||||||
17 | shall petition the committing juvenile court for an
order | ||||||
18 | terminating the Director's custody.
| ||||||
19 | (Source: P.A. 94-696, eff. 6-1-06 .)
| ||||||
20 | (730 ILCS 5/3-10-6) (from Ch. 38, par. 1003-10-6)
| ||||||
21 | Sec. 3-10-6. Return and Release from Department of Human | ||||||
22 | Services or Department of Healthcare and Family Services .
| ||||||
23 | (a) The Department of Human Services or the Department of | ||||||
24 | Healthcare and Family Services shall return to the Department | ||||||
25 | of Juvenile Justice
any person
committed to a facility of the |
| |||||||
| |||||||
1 | Department under paragraph (a) of Section
3-10-5 when the | ||||||
2 | person no longer meets the standard for admission of a
minor to | ||||||
3 | a mental health facility, or is suitable for administrative
| ||||||
4 | admission to a developmental disability facility.
| ||||||
5 | (b) If a person returned to the Department of Juvenile | ||||||
6 | Justice under paragraph (a)
of this Section has not had a | ||||||
7 | parole hearing within the preceding 6 months,
he shall have a | ||||||
8 | parole hearing within 45 days after his return.
| ||||||
9 | (c) The Department of Juvenile Justice shall notify the | ||||||
10 | Secretary of Human Services or the Director of Healthcare and | ||||||
11 | Family Services
of the expiration of the
commitment or sentence | ||||||
12 | of any person transferred to the Department of Human
Services | ||||||
13 | or the Department of Healthcare and Family Services under | ||||||
14 | Section
3-10-5. If the Department of Human Services or the | ||||||
15 | Department of Healthcare and Family Services determines that | ||||||
16 | such person
transferred to it under paragraph (a) of Section | ||||||
17 | 3-10-5 requires further
hospitalization, it shall file a | ||||||
18 | petition for commitment of such person
under the Mental Health | ||||||
19 | and Developmental Disabilities Code.
| ||||||
20 | (d) The Department of Human Services or the Department of | ||||||
21 | Healthcare and Family Services shall
release under the Mental | ||||||
22 | Health and Developmental Disabilities Code, any
person | ||||||
23 | transferred to it pursuant to paragraph (c) of Section 3-10-5, | ||||||
24 | whose
sentence has expired and whom it deems no longer meets | ||||||
25 | the standard for
admission of a minor to a mental health | ||||||
26 | facility, or is suitable for
administrative admission to a |
| |||||||
| |||||||
1 | developmental disability facility. A person
committed to the | ||||||
2 | Department of Juvenile Justice under the Juvenile Court Act
or | ||||||
3 | the Juvenile Court Act of 1987 and transferred to the | ||||||
4 | Department of Human
Services or the Department of Healthcare | ||||||
5 | and Family Services under paragraph (c)
of Section
3-10-5 shall | ||||||
6 | be released to the committing juvenile court when the
| ||||||
7 | Department of Human Services or the Department of Healthcare | ||||||
8 | and Family Services determines that
he no longer requires | ||||||
9 | hospitalization for treatment.
| ||||||
10 | (Source: P.A. 94-696, eff. 6-1-06 .)
| ||||||
11 | (730 ILCS 5/3-12-12) (from Ch. 38, par. 1003-12-12)
| ||||||
12 | Sec. 3-12-12.
The Department shall establish, operate and | ||||||
13 | maintain food
processing facilities and provide food for its | ||||||
14 | institutions and for the
mental health and developmental | ||||||
15 | disabilities institutions of the Department
of Human Services | ||||||
16 | and the Department of Healthcare and Family Services .
| ||||||
17 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
18 | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
| ||||||
19 | Sec. 3-14-1. Release from the Institution.
| ||||||
20 | (a) Upon release of a person on parole, mandatory release, | ||||||
21 | final
discharge or pardon the Department shall return all | ||||||
22 | property held for
him, provide him with suitable clothing and | ||||||
23 | procure necessary
transportation for him to his designated | ||||||
24 | place of residence and
employment. It may provide such person |
| |||||||
| |||||||
1 | with a grant of money for travel and
expenses which may be paid | ||||||
2 | in installments. The amount of the money grant
shall be | ||||||
3 | determined by the Department.
| ||||||
4 | The Department of Corrections may establish and maintain, | ||||||
5 | in any institution
it administers, revolving funds to be known | ||||||
6 | as "Travel and Allowances Revolving
Funds". These revolving | ||||||
7 | funds shall be used for advancing travel and expense
allowances | ||||||
8 | to committed, paroled, and discharged prisoners. The moneys
| ||||||
9 | paid into such revolving funds shall be from appropriations to | ||||||
10 | the Department
for Committed, Paroled, and Discharged | ||||||
11 | Prisoners.
| ||||||
12 | (b) (Blank).
| ||||||
13 | (c) Except as otherwise provided in this Code, the | ||||||
14 | Department shall
establish procedures to provide written | ||||||
15 | notification of any release of any
person who has been | ||||||
16 | convicted of a felony to the State's Attorney
and sheriff of | ||||||
17 | the county from which the offender was committed, and the
| ||||||
18 | State's Attorney and sheriff of the county into which the | ||||||
19 | offender is to be
paroled or released. Except as otherwise | ||||||
20 | provided in this Code, the
Department shall establish | ||||||
21 | procedures to provide written notification to
the proper law | ||||||
22 | enforcement agency for any municipality of any release of any
| ||||||
23 | person who has been convicted of a felony if the arrest of the | ||||||
24 | offender or the
commission of the offense took place in the | ||||||
25 | municipality, if the offender is to
be paroled or released into | ||||||
26 | the municipality, or if the offender resided in the
|
| |||||||
| |||||||
1 | municipality at the time of the commission of the offense. If a | ||||||
2 | person
convicted of a felony who is in the custody of the | ||||||
3 | Department of Corrections or
on parole or mandatory supervised | ||||||
4 | release informs the Department that he or she
has resided, | ||||||
5 | resides, or will
reside at an address that is a housing | ||||||
6 | facility owned, managed,
operated, or leased by a public | ||||||
7 | housing agency, the Department must send
written notification | ||||||
8 | of that information to the public housing agency that
owns, | ||||||
9 | manages, operates, or leases the housing facility. The written
| ||||||
10 | notification shall, when possible, be given at least 14 days | ||||||
11 | before release of
the person from custody, or as soon | ||||||
12 | thereafter as possible.
| ||||||
13 | (c-1) (Blank). | ||||||
14 | (c-5) If a person on parole or mandatory supervised release | ||||||
15 | becomes a resident of a facility licensed or regulated by the | ||||||
16 | Department of Public Health, the Illinois Department of | ||||||
17 | Healthcare and Family Services Public Aid , or the Illinois | ||||||
18 | Department of Human Services, the Department of Corrections | ||||||
19 | shall provide copies of the following information to the | ||||||
20 | appropriate licensing or regulating Department and the | ||||||
21 | licensed or regulated facility where the person becomes a | ||||||
22 | resident: | ||||||
23 | (1) The mittimus and any pre-sentence investigation | ||||||
24 | reports. | ||||||
25 | (2) The social evaluation prepared pursuant to Section | ||||||
26 | 3-8-2. |
| |||||||
| |||||||
1 | (3) Any pre-release evaluation conducted pursuant to | ||||||
2 | subsection (j) of Section 3-6-2. | ||||||
3 | (4) Reports of disciplinary infractions and | ||||||
4 | dispositions. | ||||||
5 | (5) Any parole plan, including orders issued by the | ||||||
6 | Prisoner Review Board, and any violation reports and | ||||||
7 | dispositions. | ||||||
8 | (6) The name and contact information for the assigned | ||||||
9 | parole agent and parole supervisor.
| ||||||
10 | This information shall be provided within 3 days of the | ||||||
11 | person becoming a resident of the facility.
| ||||||
12 | (c-10) If a person on parole or mandatory supervised | ||||||
13 | release becomes a resident of a facility licensed or regulated | ||||||
14 | by the Department of Public Health, the Illinois Department of | ||||||
15 | Healthcare and Family Services Public Aid , or the Illinois | ||||||
16 | Department of Human Services, the Department of Corrections | ||||||
17 | shall provide written notification of such residence to the | ||||||
18 | following: | ||||||
19 | (1) The Prisoner Review Board. | ||||||
20 | (2) The
chief of police and sheriff in the municipality | ||||||
21 | and county in which the licensed facility is located. | ||||||
22 | The notification shall be provided within 3 days of the | ||||||
23 | person becoming a resident of the facility.
| ||||||
24 | (d) Upon the release of a committed person on parole, | ||||||
25 | mandatory
supervised release, final discharge or pardon, the | ||||||
26 | Department shall provide
such person with information |
| |||||||
| |||||||
1 | concerning programs and services of the
Illinois Department of | ||||||
2 | Public Health to ascertain whether such person has
been exposed | ||||||
3 | to the human immunodeficiency virus (HIV) or any identified
| ||||||
4 | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
| ||||||
5 | (e) Upon the release of a committed person on parole, | ||||||
6 | mandatory supervised
release, final discharge, or pardon, the | ||||||
7 | Department shall provide the person
who has met the criteria | ||||||
8 | established by the Department with an identification
card | ||||||
9 | identifying the
person as being on parole, mandatory supervised | ||||||
10 | release, final discharge, or
pardon, as the case may be. The | ||||||
11 | Department, in consultation with the Office of
the Secretary of | ||||||
12 | State, shall prescribe the form of the identification card,
| ||||||
13 | which may be similar to the form of the standard Illinois | ||||||
14 | Identification Card.
The Department shall inform the committed | ||||||
15 | person that he or she may present the
identification card to | ||||||
16 | the Office of the Secretary of State upon application
for a | ||||||
17 | standard Illinois Identification Card in accordance with the | ||||||
18 | Illinois
Identification Card Act. The Department shall require | ||||||
19 | the committed person to
pay a $1 fee for the identification | ||||||
20 | card.
| ||||||
21 | For purposes of a committed person
receiving an | ||||||
22 | identification card issued by the Department under this
| ||||||
23 | subsection, the Department shall establish criteria that the
| ||||||
24 | committed person must meet before the card is issued.
It is the | ||||||
25 | sole responsibility of the
committed person requesting the | ||||||
26 | identification card issued by the Department to
meet the |
| |||||||
| |||||||
1 | established criteria.
The person's failure to
meet the criteria | ||||||
2 | is sufficient reason to deny the committed person the
| ||||||
3 | identification card. An identification card issued by the | ||||||
4 | Department under
this subsection shall be valid for a period of | ||||||
5 | time not to exceed 30 calendar
days from the date the card is | ||||||
6 | issued.
The Department shall not be held civilly or
criminally | ||||||
7 | liable to anyone because of any act of any person utilizing a | ||||||
8 | card
issued by the Department under this subsection.
| ||||||
9 | The Department shall adopt
rules governing the issuance of | ||||||
10 | identification cards to committed persons being
released on | ||||||
11 | parole, mandatory supervised release, final
discharge, or | ||||||
12 | pardon.
| ||||||
13 | (Source: P.A. 94-163, eff. 7-11-05.)
| ||||||
14 | (730 ILCS 5/3-14-5) (from Ch. 38, par. 1003-14-5)
| ||||||
15 | Sec. 3-14-5. Mental Health treatment; stalking and | ||||||
16 | aggravated stalking.
For defendants found guilty of stalking | ||||||
17 | or aggravated stalking and
sentenced to the custody of the | ||||||
18 | Department of Corrections, the court may
order the Prisoner | ||||||
19 | Review Board to consider requiring the defendant to
undergo | ||||||
20 | mental health treatment by a mental health professional or at a
| ||||||
21 | community mental health center, hospital, or facility of the | ||||||
22 | Department of
Human Services or the Department of Healthcare | ||||||
23 | and Family Services as a
condition of parole or mandatory | ||||||
24 | supervised release.
| ||||||
25 | (Source: P.A. 89-507, eff. 7-1-97.)
|
| |||||||
| |||||||
1 | (730 ILCS 5/3-15-4)
| ||||||
2 | Sec. 3-15-4.
Task force on mental health services in | ||||||
3 | municipal jails and
lockups.
| ||||||
4 | (a) The Department of Corrections shall convene a special | ||||||
5 | task force to
develop and propose model standards for the | ||||||
6 | delivery of mental health services
and the prevention of | ||||||
7 | suicides in municipal jails and lockups. The task force
shall | ||||||
8 | be
composed of no more than 22 members appointed by the | ||||||
9 | Director of Corrections
as follows:
| ||||||
10 | (1) Not more than 8 members representing | ||||||
11 | municipalities.
| ||||||
12 | (2) Not more than 8 members representing community | ||||||
13 | mental health
service providers and State operated and | ||||||
14 | private psychiatric hospitals,
including no more than 3 | ||||||
15 | representatives of the Division Office of Mental Health | ||||||
16 | within the ,
Department of Human Services or the Department | ||||||
17 | of Healthcare and Family Services .
| ||||||
18 | (3) Three members of the general public, at least one | ||||||
19 | of whom must be a
primary consumer of mental health | ||||||
20 | services.
| ||||||
21 | (4) Not more than 3 representatives of the following | ||||||
22 | groups: the National
Commission on Correctional Health | ||||||
23 | Care, the American Correctional Association,
the Joint | ||||||
24 | Commission on the Accreditation of Health Care | ||||||
25 | Organizations, the
American Association of Correctional |
| |||||||
| |||||||
1 | Psychology, the John Howard Association.
| ||||||
2 | The Director of Corrections shall in appointing the task force | ||||||
3 | attempt to
ensure that the membership on the task force | ||||||
4 | represents the geographic
diversity of the State.
| ||||||
5 | (b) The members of the task force shall serve without | ||||||
6 | compensation and may
not receive reimbursement for any expenses | ||||||
7 | incurred in performing their duties
as members of the task | ||||||
8 | force.
| ||||||
9 | (c) The task force may, without limitation, (i) determine | ||||||
10 | what services
and screening should be provided in municipal | ||||||
11 | pre-trial detention facilities
and what
training and resources | ||||||
12 | are necessary to provide those services and (ii)
recommend | ||||||
13 | changes in the Department's standards for municipal jails and
| ||||||
14 | lockups.
| ||||||
15 | (d) Before the Department acts upon any recommendation of | ||||||
16 | the task force,
the Department must hold a public hearing to | ||||||
17 | provide individuals with mental
illnesses and their family | ||||||
18 | members, mental health advocacy organizations, and
the public | ||||||
19 | to review, comment upon, and suggest any changes to the | ||||||
20 | proposed
standards for municipal jails and lockups.
| ||||||
21 | (e) The task force must submit its recommendations as to | ||||||
22 | any changes in the
standards for municipal jails and lockups to | ||||||
23 | the General Assembly by January
15, 2002.
| ||||||
24 | (Source: P.A. 92-469, eff. 8-22-01.)
| ||||||
25 | (730 ILCS 5/3-19-5) |
| |||||||
| |||||||
1 | Sec. 3-19-5. Methamphetamine abusers pilot program; | ||||||
2 | Franklin County Juvenile Detention Center. | ||||||
3 | (a) There is created the Methamphetamine Abusers Pilot | ||||||
4 | Program at the Franklin County Juvenile Detention Center. The | ||||||
5 | Program shall be established upon adoption of a resolution or | ||||||
6 | ordinance by the Franklin County Board and with the consent of | ||||||
7 | the Secretary of Human Services. | ||||||
8 | (b) A person convicted of the unlawful possession of | ||||||
9 | methamphetamine under Section 60 of the Methamphetamine | ||||||
10 | Control and Community Protection Act, after an assessment by a | ||||||
11 | designated program licensed under the Alcoholism and Other Drug | ||||||
12 | Abuse and Dependency Act that the person is a methamphetamine | ||||||
13 | abuser or addict and may benefit from treatment for his or her | ||||||
14 | abuse or addiction, may be ordered by the court to be committed | ||||||
15 | to the Program established under this Section. | ||||||
16 | (c) The Program shall consist of medical and psychiatric | ||||||
17 | treatment for the abuse or addiction for a period of at least | ||||||
18 | 90 days and not to exceed 180 days. A treatment plan for each | ||||||
19 | person participating in the Program shall be approved by the | ||||||
20 | court in consultation with the Department of Human Services. | ||||||
21 | The Secretary of Human Services shall appoint a Program | ||||||
22 | Administrator to operate the Program who shall be licensed to | ||||||
23 | provide residential treatment for alcoholism and other drug | ||||||
24 | abuse and dependency. | ||||||
25 | (d) Persons committed to the Program who are 17 years of | ||||||
26 | age or older shall be separated from minors under 17 years of |
| |||||||
| |||||||
1 | age who are detained in the Juvenile Detention Center and there | ||||||
2 | shall be no contact between them. | ||||||
3 | (e) Upon the establishment of the Pilot Program, the | ||||||
4 | Secretary of Human Services shall inform the chief judge of | ||||||
5 | each judicial circuit of this State of the existence of the | ||||||
6 | Program and its date of termination. | ||||||
7 | (f) The Secretary of Human Services, after consultation | ||||||
8 | with the Program Administrator, shall determine the | ||||||
9 | effectiveness of the Program in rehabilitating methamphetamine | ||||||
10 | abusers and addicts committed to the Program. The Secretary | ||||||
11 | shall prepare a report based on his or her assessment of the | ||||||
12 | effectiveness of the Program and shall submit the report to the | ||||||
13 | Governor and General Assembly within one year after January 1, | ||||||
14 | 2006 (the effective date of Public Act 94-549) and each year | ||||||
15 | thereafter that the Program continues operation.
| ||||||
16 | (g) On and after January 1, 2011, all of the functions with | ||||||
17 | respect to the Program performed by the Department of Human | ||||||
18 | Services or the Secretary of Human Services before that date | ||||||
19 | shall be performed by the Department of Healthcare and Family | ||||||
20 | Services and the Director of Healthcare and Family Services. | ||||||
21 | (Source: P.A. 94-549, eff. 1-1-06; 95-331, eff. 8-21-07.)
| ||||||
22 | (730 ILCS 5/3-19-10)
| ||||||
23 | Sec. 3-19-10. Methamphetamine abusers pilot program; | ||||||
24 | Franklin County Jail. | ||||||
25 | (a) There is created the Methamphetamine Abusers Pilot |
| |||||||
| |||||||
1 | Program at the Franklin County Jail. The Program shall be | ||||||
2 | established upon adoption of a resolution or ordinance by the | ||||||
3 | Franklin County Board and with the consent of the Secretary of | ||||||
4 | Human Services. | ||||||
5 | (b) A person convicted of the unlawful possession of | ||||||
6 | methamphetamine under Section 402 of the Illinois Controlled | ||||||
7 | Substances Act, after an assessment by a designated program | ||||||
8 | licensed under the Alcoholism and Other Drug Abuse and | ||||||
9 | Dependency Act that the person is a methamphetamine abuser or | ||||||
10 | addict and may benefit from treatment for his or her abuse or | ||||||
11 | addiction, may be ordered by the court to be committed to the | ||||||
12 | Program established under this Section. | ||||||
13 | (c) The Program shall consist of medical and psychiatric | ||||||
14 | treatment for the abuse or addiction for a period of at least | ||||||
15 | 90 days and not to exceed 180 days. A treatment plan for each | ||||||
16 | person participating in the Program shall be approved by the | ||||||
17 | court in consultation with the Department of Human Services. | ||||||
18 | The Secretary of Human Services shall appoint a Program | ||||||
19 | Administrator to operate the Program who shall be licensed to | ||||||
20 | provide residential treatment for alcoholism and other drug | ||||||
21 | abuse and dependency. | ||||||
22 | (d) Upon the establishment of the Pilot Program, the | ||||||
23 | Secretary of Human Services shall inform the chief judge of | ||||||
24 | each judicial circuit of this State of the existence of the | ||||||
25 | Program and its date of termination. | ||||||
26 | (e) The Secretary of Human Services, after consultation |
| |||||||
| |||||||
1 | with the Program Administrator, shall determine the | ||||||
2 | effectiveness of the Program in rehabilitating methamphetamine | ||||||
3 | abusers and addicts committed to the Program. The Secretary | ||||||
4 | shall prepare a report based on his or her assessment of the | ||||||
5 | effectiveness of the Program and shall submit the report to the | ||||||
6 | Governor and General Assembly within one year after the | ||||||
7 | effective date of this amendatory Act of the 94th General | ||||||
8 | Assembly and each year thereafter that the Program continues | ||||||
9 | operation.
| ||||||
10 | (f) On and after January 1, 2011, all of the functions with | ||||||
11 | respect to the Program performed by the Department of Human | ||||||
12 | Services or the Secretary of Human Services before that date | ||||||
13 | shall be performed by the Department of Healthcare and Family | ||||||
14 | Services and the Director of Healthcare and Family Services. | ||||||
15 | (Source: P.A. 94-549, eff. 1-1-06; 95-331, eff. 8-21-07.)
| ||||||
16 | (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
| ||||||
17 | Sec. 5-2-4. Proceedings after Acquittal by Reason of | ||||||
18 | Insanity.
| ||||||
19 | (a) After a finding or verdict of not guilty by reason of | ||||||
20 | insanity
under Sections 104-25, 115-3 or 115-4 of the Code of | ||||||
21 | Criminal Procedure
of 1963, the defendant shall be ordered to | ||||||
22 | the Department of Human Services (before January 1, 2011) or | ||||||
23 | the Department of Healthcare and Family Services (on or after | ||||||
24 | January 1, 2011) for
an evaluation as to
whether he is in need | ||||||
25 | of mental health
services. The order
shall specify whether the |
| |||||||
| |||||||
1 | evaluation shall be conducted on an inpatient or
outpatient | ||||||
2 | basis. If the evaluation is to be conducted on an inpatient
| ||||||
3 | basis, the defendant shall be placed in a secure setting unless | ||||||
4 | the Court
determines that there are compelling reasons why such | ||||||
5 | placement is not
necessary. With the court order for evaluation | ||||||
6 | shall be sent a copy of the arrest report, criminal charges, | ||||||
7 | arrest record, jail record, and any report prepared under | ||||||
8 | Section 115-6 of the Code of Criminal Procedure of 1963.
After | ||||||
9 | the evaluation and during the period of time required to
| ||||||
10 | determine the appropriate placement, the defendant shall
| ||||||
11 | remain in jail.
Upon completion of the placement process the | ||||||
12 | sheriff shall be notified and
shall transport the defendant to | ||||||
13 | the designated facility.
| ||||||
14 | The Department shall provide the Court with a report of its | ||||||
15 | evaluation
within 30 days of the date of this order. The Court | ||||||
16 | shall hold a hearing
as provided under the Mental Health and | ||||||
17 | Developmental Disabilities Code to
determine if the individual | ||||||
18 | is:
(a)
in need of mental health services on an inpatient | ||||||
19 | basis; (b) in
need of
mental health services on an outpatient | ||||||
20 | basis; (c) a person not in
need of
mental health services. The | ||||||
21 | Court shall enter its findings.
| ||||||
22 | If the defendant is found to be in
need
of mental health | ||||||
23 | services on an inpatient care basis, the Court shall order the
| ||||||
24 | defendant to the Department of Human Services or the Department | ||||||
25 | of Healthcare and Family Services .
The defendant shall be | ||||||
26 | placed in a secure setting unless the Court determines
that |
| |||||||
| |||||||
1 | there are compelling reasons why such placement is not | ||||||
2 | necessary. Such
defendants placed in a secure setting shall not | ||||||
3 | be permitted outside the
facility's housing unit unless | ||||||
4 | escorted or accompanied by personnel of the
Department of Human | ||||||
5 | Services or the Department of Healthcare and Family Services or | ||||||
6 | with the prior approval of the Court for
unsupervised
| ||||||
7 | on-grounds privileges as provided
herein.
Any defendant placed | ||||||
8 | in a secure setting pursuant to this Section,
transported to | ||||||
9 | court hearings or other necessary appointments
off facility | ||||||
10 | grounds
by personnel of
the Department of Human Services or the | ||||||
11 | Department of Healthcare and Family Services , shall be
placed | ||||||
12 | in security devices
or otherwise secured during the period of | ||||||
13 | transportation to assure
secure transport of the defendant and | ||||||
14 | the safety of Department
of Human Services or Department of | ||||||
15 | Healthcare and Family Services personnel and others. These | ||||||
16 | security measures
shall not constitute restraint as defined in | ||||||
17 | the Mental Health and
Developmental Disabilities Code.
If the | ||||||
18 | defendant is found to be in need of mental health services,
but | ||||||
19 | not on an inpatient care basis, the Court shall conditionally | ||||||
20 | release
the defendant, under such conditions as set forth in | ||||||
21 | this Section as will
reasonably assure the defendant's | ||||||
22 | satisfactory progress and participation
in treatment or
| ||||||
23 | rehabilitation and the safety of the defendant and others. If | ||||||
24 | the
Court
finds the person not in need of mental health | ||||||
25 | services, then the Court
shall order the defendant discharged | ||||||
26 | from custody.
|
| |||||||
| |||||||
1 | (a-1) Definitions. For the purposes of this Section:
| ||||||
2 | (A) (Blank).
| ||||||
3 | (B) "In need of mental health services on an inpatient | ||||||
4 | basis" means: a
defendant who has been found not guilty by | ||||||
5 | reason of insanity but who due to mental illness is
| ||||||
6 | reasonably expected to inflict
serious physical harm upon | ||||||
7 | himself or another and who would benefit from
inpatient | ||||||
8 | care or is in need of inpatient care.
| ||||||
9 | (C) "In need of mental health services on an outpatient | ||||||
10 | basis" means:
a defendant who has been found not guilty by | ||||||
11 | reason of insanity who is not in need of mental health | ||||||
12 | services on
an inpatient basis, but is in need of | ||||||
13 | outpatient care, drug and/or alcohol
rehabilitation | ||||||
14 | programs, community adjustment programs, individual, | ||||||
15 | group,
or family therapy, or chemotherapy.
| ||||||
16 | (D) "Conditional Release" means: the release from | ||||||
17 | either the custody
of the Department of Human Services or | ||||||
18 | the Department of Healthcare and Family Services
or the | ||||||
19 | custody of the Court of a person who has been found not | ||||||
20 | guilty by
reason of insanity under such conditions as the | ||||||
21 | Court may impose which
reasonably assure the defendant's | ||||||
22 | satisfactory progress in
treatment or habilitation and the | ||||||
23 | safety of the defendant and others. The
Court shall | ||||||
24 | consider such terms and conditions which may include, but | ||||||
25 | need
not be limited to, outpatient care, alcoholic and drug | ||||||
26 | rehabilitation programs,
community adjustment programs, |
| |||||||
| |||||||
1 | individual, group, family, and chemotherapy,
random | ||||||
2 | testing to ensure the defendant's timely and continuous | ||||||
3 | taking of any
medicines prescribed
to control or manage his | ||||||
4 | or her conduct or mental state, and
periodic checks with | ||||||
5 | the legal authorities and/or the Department of Human
| ||||||
6 | Services or the Department of Healthcare and Family | ||||||
7 | Services .
The Court may order as a condition of conditional | ||||||
8 | release that the
defendant not contact the victim of the | ||||||
9 | offense that
resulted in the finding or
verdict of not | ||||||
10 | guilty by reason of insanity or any other person. The Court | ||||||
11 | may
order the
Department of
Human Services or the | ||||||
12 | Department of Healthcare and Family Services to provide | ||||||
13 | care to any
person conditionally released under this | ||||||
14 | Section. The Department may contract
with any public or | ||||||
15 | private agency in order to discharge any responsibilities
| ||||||
16 | imposed under this Section. The Department shall monitor | ||||||
17 | the provision of
services to persons conditionally | ||||||
18 | released under this Section and provide
periodic reports to | ||||||
19 | the Court concerning the services and the condition of the
| ||||||
20 | defendant.
Whenever a person is conditionally released | ||||||
21 | pursuant to this Section, the
State's Attorney for the | ||||||
22 | county in which the hearing is held shall designate in
| ||||||
23 | writing the name, telephone number, and address of a person | ||||||
24 | employed by him or
her who
shall be notified in the event | ||||||
25 | that either the reporting agency or the
Department decides | ||||||
26 | that the conditional release of the defendant should be
|
| |||||||
| |||||||
1 | revoked or modified pursuant to subsection (i) of this | ||||||
2 | Section. Such
conditional release shall be for
a period of | ||||||
3 | five years. However, the defendant, the person or
facility
| ||||||
4 | rendering the treatment, therapy, program or outpatient | ||||||
5 | care, the
Department, or the
State's Attorney may petition | ||||||
6 | the Court for an extension of
the conditional
release | ||||||
7 | period for an additional 5 years. Upon receipt of such a
| ||||||
8 | petition, the Court shall hold a hearing consistent with | ||||||
9 | the provisions of
paragraph (a), this paragraph (a-1),
and | ||||||
10 | paragraph (f) of this Section, shall determine
whether the | ||||||
11 | defendant should continue to be subject to the terms of
| ||||||
12 | conditional release, and shall enter an order either | ||||||
13 | extending the
defendant's period of conditional release | ||||||
14 | for an additional
5
year period or discharging the | ||||||
15 | defendant.
Additional 5-year periods of conditional | ||||||
16 | release may be ordered following a
hearing as provided in | ||||||
17 | this Section. However,
in no event shall the defendant's
| ||||||
18 | period of conditional release continue beyond the maximum | ||||||
19 | period of
commitment ordered by the Court pursuant to | ||||||
20 | paragraph (b) of this Section. These provisions for
| ||||||
21 | extension of conditional release shall only apply to | ||||||
22 | defendants
conditionally released on or after August 8, | ||||||
23 | 2003. However the extension
provisions of Public Act | ||||||
24 | 83-1449 apply only to defendants charged
with a forcible | ||||||
25 | felony.
| ||||||
26 | (E) "Facility director" means the chief officer of a |
| |||||||
| |||||||
1 | mental health or
developmental disabilities facility or | ||||||
2 | his or her designee or the supervisor of
a program of | ||||||
3 | treatment or habilitation or his or her designee. | ||||||
4 | "Designee" may
include a physician, clinical psychologist, | ||||||
5 | social worker, nurse, or clinical
professional counselor.
| ||||||
6 | (b) If the Court finds the defendant in need of mental | ||||||
7 | health services on an
inpatient basis, the
admission, | ||||||
8 | detention, care, treatment or habilitation, treatment plans,
| ||||||
9 | review proceedings, including review of treatment and | ||||||
10 | treatment plans, and
discharge of the defendant after such | ||||||
11 | order shall be under the
Mental Health and Developmental | ||||||
12 | Disabilities Code, except that the
initial order for admission | ||||||
13 | of a defendant acquitted of a felony by
reason of insanity | ||||||
14 | shall be for an indefinite period of time. Such period
of | ||||||
15 | commitment shall not exceed the maximum
length of time that the | ||||||
16 | defendant would have been required to serve,
less credit for | ||||||
17 | good behavior as provided in Section 5-4-1 of the Unified
Code | ||||||
18 | of Corrections, before becoming eligible for
release had
he | ||||||
19 | been convicted of and received the maximum sentence for the | ||||||
20 | most
serious crime for which he has been acquitted by reason of | ||||||
21 | insanity. The
Court shall determine the maximum period of | ||||||
22 | commitment by an appropriate
order. During this period of time, | ||||||
23 | the defendant shall not be permitted
to be in the community in | ||||||
24 | any manner, including but not limited to off-grounds
| ||||||
25 | privileges, with or without escort by personnel of the | ||||||
26 | Department of Human
Services or the Department of Healthcare |
| |||||||
| |||||||
1 | and Family Services , unsupervised on-grounds privileges,
| ||||||
2 | discharge or conditional or temporary release, except by a plan | ||||||
3 | as provided in
this Section. In no event shall a defendant's | ||||||
4 | continued unauthorized
absence be a basis for discharge. Not | ||||||
5 | more than 30 days after admission
and every 60 days thereafter | ||||||
6 | so long as the initial order
remains in effect, the facility | ||||||
7 | director shall file a treatment plan report
in writing with the | ||||||
8 | court
and forward a copy of the treatment plan report to the | ||||||
9 | clerk of the
court, the State's Attorney, and the defendant's | ||||||
10 | attorney, if the defendant is
represented by counsel,
or to a | ||||||
11 | person authorized by
the defendant under the
Mental Health and | ||||||
12 | Developmental Disabilities Confidentiality Act to be sent a
| ||||||
13 | copy of the report. The report shall include an opinion
as to | ||||||
14 | whether the
defendant is currently in need of mental
health | ||||||
15 | services on an inpatient basis or in need of mental health | ||||||
16 | services
on
an outpatient basis. The report shall also | ||||||
17 | summarize the basis for those
findings and provide a current | ||||||
18 | summary of the following items from the
treatment plan: (1) an | ||||||
19 | assessment of the defendant's treatment needs, (2) a
| ||||||
20 | description of the services recommended for treatment, (3) the | ||||||
21 | goals of each
type of element of service, (4) an anticipated | ||||||
22 | timetable for the accomplishment
of the goals, and (5) a | ||||||
23 | designation of the qualified professional responsible
for the | ||||||
24 | implementation of the plan.
The report may also include | ||||||
25 | unsupervised on-grounds
privileges, off-grounds privileges | ||||||
26 | (with or without escort by personnel of the
Department of Human |
| |||||||
| |||||||
1 | Services or the Department of Healthcare and Family Services ), | ||||||
2 | home visits and
participation in work
programs, but only where | ||||||
3 | such privileges have been approved by specific court
order, | ||||||
4 | which order may include such conditions on the defendant as the
| ||||||
5 | Court may deem appropriate and necessary to reasonably assure | ||||||
6 | the defendant's
satisfactory progress in treatment and the | ||||||
7 | safety of the defendant and others.
| ||||||
8 | (c) Every defendant acquitted of a felony by reason of | ||||||
9 | insanity and
subsequently found to be in need of
mental health | ||||||
10 | services shall be represented by counsel in all proceedings | ||||||
11 | under
this Section and under the Mental Health and | ||||||
12 | Developmental Disabilities Code.
| ||||||
13 | (1) The Court shall appoint as counsel the public | ||||||
14 | defender or an
attorney licensed by this State.
| ||||||
15 | (2) Upon filing with the Court of a verified statement | ||||||
16 | of legal
services rendered by the private attorney | ||||||
17 | appointed pursuant to
paragraph (1) of this subsection, the | ||||||
18 | Court shall determine a reasonable
fee for such services. | ||||||
19 | If the defendant is unable to pay the fee, the
Court shall | ||||||
20 | enter an order upon the State to pay the entire fee or such
| ||||||
21 | amount as the defendant is unable to pay from funds | ||||||
22 | appropriated by the
General Assembly for that purpose.
| ||||||
23 | (d) When the facility director determines that:
| ||||||
24 | (1) the defendant is no longer
in need of mental health | ||||||
25 | services on an inpatient basis; and
| ||||||
26 | (2) the defendant may be conditionally released |
| |||||||
| |||||||
1 | because he
or she is still in need of mental health | ||||||
2 | services or that the defendant
may be discharged as not in | ||||||
3 | need of any mental health services; or
| ||||||
4 | (3) the defendant no longer requires placement in a | ||||||
5 | secure setting;
| ||||||
6 | the facility director shall give written notice
to the Court, | ||||||
7 | State's Attorney and defense attorney.
Such notice shall set | ||||||
8 | forth in detail the basis for the recommendation of
the | ||||||
9 | facility director, and specify clearly the recommendations, if | ||||||
10 | any,
of the facility director, concerning conditional release.
| ||||||
11 | Any recommendation for conditional release shall include an | ||||||
12 | evaluation of
the defendant's need for psychotropic | ||||||
13 | medication, what provisions should be
made, if any, to ensure | ||||||
14 | that the defendant will continue to receive
psychotropic | ||||||
15 | medication following discharge, and what provisions should be | ||||||
16 | made
to assure the safety of the defendant and others in the | ||||||
17 | event the defendant is
no longer receiving psychotropic | ||||||
18 | medication.
Within 30 days of
the notification by the facility | ||||||
19 | director, the Court shall set a hearing and
make a finding as | ||||||
20 | to whether the defendant is:
| ||||||
21 | (i) (blank); or
| ||||||
22 | (ii) in need of mental health services in the form of | ||||||
23 | inpatient care; or
| ||||||
24 | (iii) in need of mental health services but not subject | ||||||
25 | to inpatient care;
or
| ||||||
26 | (iv) no longer in need of mental health services; or
|
| |||||||
| |||||||
1 | (v) no longer requires placement in a secure setting.
| ||||||
2 | Upon finding by the Court, the Court shall enter its | ||||||
3 | findings and such
appropriate order as provided in subsections | ||||||
4 | (a) and (a-1) of this Section.
| ||||||
5 | (e) A defendant admitted pursuant to this Section, or any | ||||||
6 | person on
his behalf, may file a petition for treatment plan | ||||||
7 | review, transfer to a
non-secure setting within the Department | ||||||
8 | of Human Services or the Department of Healthcare and Family | ||||||
9 | Services
or discharge or conditional release under the
| ||||||
10 | standards of this Section in the Court which rendered the | ||||||
11 | verdict. Upon
receipt of a petition for treatment plan review, | ||||||
12 | transfer to a non-secure
setting or discharge or conditional | ||||||
13 | release, the Court shall set a hearing to
be held within 120 | ||||||
14 | days. Thereafter, no new petition
may be filed for 180 days
| ||||||
15 | without leave of the Court.
| ||||||
16 | (f) The Court shall direct that notice of the time and | ||||||
17 | place of the
hearing be served upon the defendant, the facility | ||||||
18 | director, the State's
Attorney, and the defendant's attorney. | ||||||
19 | If requested by either the State or the
defense or if the Court | ||||||
20 | feels it is appropriate, an impartial examination
of the | ||||||
21 | defendant by a psychiatrist or clinical psychologist as defined | ||||||
22 | in
Section 1-103 of the Mental Health and Developmental | ||||||
23 | Disabilities Code who
is not in the employ of the Department of | ||||||
24 | Human Services or the Department of Healthcare and Family | ||||||
25 | Services shall be ordered, and
the report considered at
the | ||||||
26 | time of the hearing.
|
| |||||||
| |||||||
1 | (g) The findings of the Court shall be established by clear | ||||||
2 | and
convincing evidence. The burden of proof and the burden of | ||||||
3 | going forth
with the evidence rest with the defendant or any | ||||||
4 | person on the defendant's
behalf when a hearing is held to | ||||||
5 | review
a petition filed by or on
behalf of the defendant. The | ||||||
6 | evidence shall be presented in open
Court
with the right of | ||||||
7 | confrontation and cross-examination.
Such evidence may | ||||||
8 | include, but is not limited to:
| ||||||
9 | (1) whether the defendant appreciates the harm caused | ||||||
10 | by the defendant to
others and the community by his or her | ||||||
11 | prior
conduct
that resulted in the finding of not guilty by | ||||||
12 | reason of insanity;
| ||||||
13 | (2) Whether the person appreciates the criminality of | ||||||
14 | conduct similar to
the conduct for which he or she was | ||||||
15 | originally charged in this matter;
| ||||||
16 | (3) the current state of
the defendant's illness;
| ||||||
17 | (4) what, if any, medications the defendant is taking | ||||||
18 | to
control his or her mental illness;
| ||||||
19 | (5) what, if any, adverse physical side effects
the | ||||||
20 | medication has on the defendant;
| ||||||
21 | (6) the length of time it would take for the | ||||||
22 | defendant's mental health to
deteriorate
if
the
defendant | ||||||
23 | stopped taking prescribed medication;
| ||||||
24 | (7) the defendant's history or potential for alcohol | ||||||
25 | and drug abuse;
| ||||||
26 | (8) the defendant's past criminal history;
|
| |||||||
| |||||||
1 | (9) any specialized physical or medical needs of the | ||||||
2 | defendant;
| ||||||
3 | (10) any family participation or involvement expected | ||||||
4 | upon release and
what is the willingness and ability of the | ||||||
5 | family to participate or be
involved;
| ||||||
6 | (11) the defendant's potential to be a danger to | ||||||
7 | himself, herself, or
others; and
| ||||||
8 | (12) any other factor or factors the Court deems | ||||||
9 | appropriate.
| ||||||
10 | (h) Before the court orders that the defendant be | ||||||
11 | discharged or
conditionally released, it shall order the | ||||||
12 | facility director to establish a
discharge plan that includes a | ||||||
13 | plan for the defendant's shelter, support, and
medication. If | ||||||
14 | appropriate, the court shall order that the facility director
| ||||||
15 | establish a program to train the defendant in self-medication | ||||||
16 | under standards
established by the Department of Human Services | ||||||
17 | or the Department of Healthcare and Family Services .
If the | ||||||
18 | Court finds, consistent with the provisions of this Section,
| ||||||
19 | that the defendant is no longer in need of mental
health | ||||||
20 | services it shall order the facility director to discharge the
| ||||||
21 | defendant. If the Court finds, consistent with the provisions | ||||||
22 | of this
Section, that the defendant is in need of mental
health | ||||||
23 | services, and no longer in need of inpatient care, it shall | ||||||
24 | order
the facility director to release the defendant under such | ||||||
25 | conditions as the
Court deems appropriate and as provided by | ||||||
26 | this Section. Such conditional
release shall be imposed for a |
| |||||||
| |||||||
1 | period of 5 years as provided in
paragraph
(D) of subsection | ||||||
2 | (a-1) and shall be
subject
to later modification by the Court | ||||||
3 | as provided by this Section. If the
Court finds consistent with | ||||||
4 | the provisions in this Section that the
defendant is in
need of | ||||||
5 | mental health services on an inpatient basis, it shall order | ||||||
6 | the
facility director not to discharge or release the defendant | ||||||
7 | in accordance
with paragraph (b) of this Section.
| ||||||
8 | (i) If within the period of the defendant's conditional | ||||||
9 | release
the State's Attorney determines that the defendant has | ||||||
10 | not fulfilled the
conditions of his or her release, the State's | ||||||
11 | Attorney may petition the
Court
to
revoke or modify the | ||||||
12 | conditional release of the defendant. Upon the filing of
such | ||||||
13 | petition the defendant may be remanded to the custody of the | ||||||
14 | Department,
or to any other mental health facility designated | ||||||
15 | by the Department, pending
the resolution of the petition. | ||||||
16 | Nothing in this Section shall prevent the
emergency admission | ||||||
17 | of a defendant pursuant to Article VI of Chapter III of the
| ||||||
18 | Mental Health
and Developmental Disabilities Code or the | ||||||
19 | voluntary admission of the defendant
pursuant to Article IV of | ||||||
20 | Chapter III of the Mental Health and Developmental
Disabilities
| ||||||
21 | Code. If
the Court determines, after hearing evidence, that the | ||||||
22 | defendant has
not fulfilled the conditions of release, the | ||||||
23 | Court shall order a hearing
to be held consistent with the | ||||||
24 | provisions of paragraph (f) and (g) of this
Section. At such | ||||||
25 | hearing, if the Court finds that the defendant is in need of | ||||||
26 | mental health services on an inpatient
basis, it shall enter an |
| |||||||
| |||||||
1 | order remanding him or her to the Department of
Human Services | ||||||
2 | or the Department of Healthcare and Family Services or other
| ||||||
3 | facility. If the defendant is remanded to the Department of | ||||||
4 | Human Services or the Department of Healthcare and Family | ||||||
5 | Services , he
or she shall be placed in
a secure setting unless | ||||||
6 | the Court
determines that there are compelling reasons that | ||||||
7 | such placement is not
necessary. If the
Court finds that the | ||||||
8 | defendant continues to be in need of mental health
services but | ||||||
9 | not on an inpatient basis, it may modify the conditions of
the | ||||||
10 | original release in order to reasonably assure the defendant's | ||||||
11 | satisfactory
progress in treatment and his or her safety and | ||||||
12 | the safety of others in
accordance with the standards | ||||||
13 | established in paragraph (D) of subsection (a-1). Nothing in
| ||||||
14 | this Section shall limit a Court's contempt powers or any other | ||||||
15 | powers of a
Court.
| ||||||
16 | (j) An order of admission under this Section does not | ||||||
17 | affect the
remedy of habeas corpus.
| ||||||
18 | (k) In the event of a conflict between this Section and the | ||||||
19 | Mental Health
and Developmental Disabilities Code or the Mental | ||||||
20 | Health and Developmental
Disabilities Confidentiality Act, the | ||||||
21 | provisions of this Section shall govern.
| ||||||
22 | (l) This amendatory Act shall apply to all persons who have | ||||||
23 | been found
not guilty by reason of insanity and who are | ||||||
24 | presently committed to the
Department of Mental Health and | ||||||
25 | Developmental Disabilities (now the
Department of Human | ||||||
26 | Services).
|
| |||||||
| |||||||
1 | (m) The Clerk of the Court shall, after the entry of an | ||||||
2 | order of transfer
to a non-secure setting of the Department of | ||||||
3 | Human Services or the Department of Healthcare and Family | ||||||
4 | Services or discharge or
conditional release, transmit
a | ||||||
5 | certified
copy of the order to the Department of Human Services | ||||||
6 | or the Department of Healthcare and Family Services , and the | ||||||
7 | sheriff of the
county from which the
defendant was
admitted.
| ||||||
8 | The Clerk of the Court shall also transmit a certified copy of | ||||||
9 | the order of
discharge or conditional release to the Illinois | ||||||
10 | Department of State Police, to
the proper law enforcement | ||||||
11 | agency for the municipality
where the offense took
place, and | ||||||
12 | to the sheriff of the county into which the defendant is
| ||||||
13 | conditionally discharged. The Illinois Department of State | ||||||
14 | Police shall
maintain a
centralized record of discharged or | ||||||
15 | conditionally released defendants while
they are under court | ||||||
16 | supervision for access and use of appropriate law
enforcement | ||||||
17 | agencies.
| ||||||
18 | (Source: P.A. 95-296, eff. 8-20-07; 95-331, eff. 8-21-07.)
| ||||||
19 | (730 ILCS 5/5-2-6) (from Ch. 38, par. 1005-2-6)
| ||||||
20 | Sec. 5-2-6. Sentencing and Treatment of Defendant Found | ||||||
21 | Guilty but Mentally
Ill. | ||||||
22 | (a) After a plea or verdict of guilty but mentally ill | ||||||
23 | under Sections
115-2, 115-3 or 115-4 of the Code of Criminal | ||||||
24 | Procedure of 1963, the court
shall order a presentence | ||||||
25 | investigation and report pursuant to Sections
5-3-1 and 5-3-2 |
| |||||||
| |||||||
1 | of this Act, and shall set a date for a sentencing hearing.
The | ||||||
2 | court may impose any sentence upon the defendant which could
be | ||||||
3 | imposed pursuant to law upon a defendant who had been convicted | ||||||
4 | of the
same offense without a finding of mental illness.
| ||||||
5 | (b) If the court imposes a sentence of imprisonment upon a | ||||||
6 | defendant who
has been found guilty but mentally ill, the | ||||||
7 | defendant shall be committed
to the Department of Corrections, | ||||||
8 | which shall cause periodic inquiry and
examination to be made | ||||||
9 | concerning the nature, extent, continuance, and
treatment of | ||||||
10 | the defendant's mental illness. The Department of Corrections
| ||||||
11 | shall
provide such psychiatric, psychological, or other | ||||||
12 | counseling and
treatment for the defendant as it determines | ||||||
13 | necessary.
| ||||||
14 | (c) The Department of Corrections may transfer the | ||||||
15 | defendant's custody
to the Department of Human Services or the | ||||||
16 | Department of Healthcare and Family Services in accordance with | ||||||
17 | the provisions of Section 3-8-5 of this Act.
| ||||||
18 | (d) (1) The Department of Human Services or the Department | ||||||
19 | of Healthcare and Family Services shall return to the | ||||||
20 | Department of Corrections any
person committed to it
pursuant | ||||||
21 | to this Section whose sentence has not expired and whom the | ||||||
22 | Department
of Human Services or the Department of Healthcare | ||||||
23 | and Family Services deems no
longer requires
hospitalization | ||||||
24 | for mental treatment, mental retardation, or addiction.
| ||||||
25 | (2) The Department of Corrections shall notify the | ||||||
26 | Secretary of Human
Services or the Director of Healthcare and |
| |||||||
| |||||||
1 | Family Services of the expiration of the sentence
of any person | ||||||
2 | transferred to the Department of Human Services or the | ||||||
3 | Department of Healthcare and Family Services under this | ||||||
4 | Section. If the Department
of Human Services or the Department | ||||||
5 | of Healthcare and Family Services
determines that any such | ||||||
6 | person
requires further hospitalization, it shall file an | ||||||
7 | appropriate petition for
involuntary commitment pursuant to | ||||||
8 | the Mental Health and Developmental
Disabilities Code.
| ||||||
9 | (e) (1) All persons found guilty but mentally ill, whether | ||||||
10 | by plea or
by verdict, who are placed on probation or sentenced | ||||||
11 | to a term of periodic
imprisonment or a period of conditional | ||||||
12 | discharge shall be required to submit
to a course of mental | ||||||
13 | treatment prescribed by the sentencing court.
| ||||||
14 | (2) The course of treatment prescribed by the court shall | ||||||
15 | reasonably assure
the defendant's satisfactory progress in | ||||||
16 | treatment or habilitation and for
the safety of the defendant | ||||||
17 | and others. The court shall consider terms,
conditions and | ||||||
18 | supervision which may include, but need not be limited to,
| ||||||
19 | notification and discharge of the person to the custody of his | ||||||
20 | family,
community adjustment programs, periodic checks with | ||||||
21 | legal authorities and
outpatient
care and utilization of local | ||||||
22 | mental health or developmental disabilities
facilities.
| ||||||
23 | (3) Failure to continue treatment, except by agreement with | ||||||
24 | the treating
person or agency and the court, shall be a basis | ||||||
25 | for the institution of
probation revocation proceedings.
| ||||||
26 | (4) The period of probation shall be in accordance with |
| |||||||
| |||||||
1 | Article 4.5 of Chapter V of this Code
and shall not be | ||||||
2 | shortened without receipt and consideration of
such | ||||||
3 | psychiatric or psychological report or
reports as the court may | ||||||
4 | require.
| ||||||
5 | (Source: P.A. 95-1052, eff. 7-1-09 .)
| ||||||
6 | (730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4)
| ||||||
7 | Sec. 5-3-4. Disclosure of Reports.
| ||||||
8 | (a) Any report made pursuant to this Article or Section | ||||||
9 | 5-705
of the Juvenile
Court Act of 1987 shall be filed of | ||||||
10 | record with the court in a sealed envelope.
| ||||||
11 | (b) Presentence reports shall be open for inspection only | ||||||
12 | as follows:
| ||||||
13 | (1) to the sentencing court;
| ||||||
14 | (2) to the state's attorney and the defendant's | ||||||
15 | attorney at least 3 days
prior to the imposition of | ||||||
16 | sentence, unless such 3 day requirement is waived;
| ||||||
17 | (3) to an appellate court in which the conviction or | ||||||
18 | sentence is subject
to review;
| ||||||
19 | (4) to any department, agency or institution to which | ||||||
20 | the defendant is
committed;
| ||||||
21 | (5) to any probation department of whom courtesy | ||||||
22 | probation is requested;
| ||||||
23 | (6) to any probation department assigned by a court of | ||||||
24 | lawful
jurisdiction to conduct a presentence report;
| ||||||
25 | (7) to any other person only as ordered by the court; |
| |||||||
| |||||||
1 | and
| ||||||
2 | (8) to any mental health professional on behalf of the | ||||||
3 | Illinois
Department
of Corrections , or the Department of | ||||||
4 | Human Services , or the Department of Healthcare and Family | ||||||
5 | Services or to a prosecutor who is
evaluating or | ||||||
6 | investigating a potential or actual petition brought under
| ||||||
7 | the Sexually Violent Persons Commitment Act relating to a | ||||||
8 | person who is the
subject of
a
presentence report or the | ||||||
9 | respondent to a petition brought under the
Sexually Violent | ||||||
10 | Persons Commitment Act who is the subject of the | ||||||
11 | presentence
report sought.
Any records and any information | ||||||
12 | obtained from those records under this
paragraph (8) may be | ||||||
13 | used only in sexually violent persons commitment
| ||||||
14 | proceedings.
| ||||||
15 | (c) Presentence reports shall be filed of record with the | ||||||
16 | court within
60 days of a verdict or finding of guilty for any | ||||||
17 | offense involving an
illegal sexual act perpetrated upon a | ||||||
18 | victim, including but not limited to
offenses for violations of | ||||||
19 | Article 12 of the Criminal Code of 1961, or any offense | ||||||
20 | determined by the court or the probation department to be | ||||||
21 | sexually motivated, as defined in the Sex Offender Management | ||||||
22 | Board Act.
| ||||||
23 | (d) A complaint, information or indictment shall not be | ||||||
24 | quashed or
dismissed nor shall any person in custody for an | ||||||
25 | offense be discharged from
custody because of noncompliance | ||||||
26 | with subsection (c) of this Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-415, eff. 8-17-01; 93-970, eff. 8-20-04.)
| ||||||
2 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||||||
3 | Sec. 5-4-1. Sentencing Hearing.
| ||||||
4 | (a) Except when the death penalty is
sought under hearing | ||||||
5 | procedures otherwise specified, after a
determination of | ||||||
6 | guilt, a hearing shall be held to impose the sentence.
However, | ||||||
7 | prior to the imposition of sentence on an individual being
| ||||||
8 | sentenced for an offense based upon a charge for a violation of | ||||||
9 | Section
11-501 of the Illinois Vehicle Code or a similar | ||||||
10 | provision of a local
ordinance, the individual must undergo a | ||||||
11 | professional evaluation to
determine if an alcohol or other | ||||||
12 | drug abuse problem exists and the extent
of such a problem. | ||||||
13 | Programs conducting these evaluations shall be
licensed by the | ||||||
14 | Department of Human Services or the Department of Healthcare | ||||||
15 | and Family Services . However, if the individual is
not a | ||||||
16 | resident of Illinois, the court
may, in its discretion, accept | ||||||
17 | an evaluation from a program in the state of
such individual's | ||||||
18 | residence. The court may in its sentencing order approve an
| ||||||
19 | eligible defendant for placement in a Department of Corrections | ||||||
20 | impact
incarceration program as provided in Section 5-8-1.1 or | ||||||
21 | 5-8-1.3. The court may in its sentencing order recommend a | ||||||
22 | defendant for placement in a Department of Corrections | ||||||
23 | substance abuse treatment program as provided in paragraph (a) | ||||||
24 | of subsection (1) of Section 3-2-2 conditioned upon the | ||||||
25 | defendant being accepted in a program by the Department of |
| |||||||
| |||||||
1 | Corrections. At the
hearing the court
shall:
| ||||||
2 | (1) consider the evidence, if any, received upon the | ||||||
3 | trial;
| ||||||
4 | (2) consider any presentence reports;
| ||||||
5 | (3) consider the financial impact of incarceration | ||||||
6 | based on the
financial impact statement filed with the | ||||||
7 | clerk of the court by the
Department of Corrections;
| ||||||
8 | (4) consider evidence and information offered by the | ||||||
9 | parties in
aggravation and mitigation; | ||||||
10 | (4.5) consider substance abuse treatment, eligibility | ||||||
11 | screening, and an assessment, if any, of the defendant by | ||||||
12 | an agent designated by the State of Illinois to provide | ||||||
13 | assessment services for the Illinois courts;
| ||||||
14 | (5) hear arguments as to sentencing alternatives;
| ||||||
15 | (6) afford the defendant the opportunity to make a | ||||||
16 | statement in his
own behalf;
| ||||||
17 | (7) afford the victim of a violent crime or a violation | ||||||
18 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
19 | similar provision of a local
ordinance, or a qualified | ||||||
20 | individual affected by: (i) a violation of Section
405, | ||||||
21 | 405.1, 405.2, or 407 of the Illinois Controlled Substances | ||||||
22 | Act or a violation of Section 55 or Section 65 of the | ||||||
23 | Methamphetamine Control and Community Protection Act,
or | ||||||
24 | (ii) a Class 4 felony violation of Section 11-14, 11-15, | ||||||
25 | 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of | ||||||
26 | 1961,
committed by the defendant the opportunity to make a |
| |||||||
| |||||||
1 | statement
concerning the impact on the victim and to offer | ||||||
2 | evidence in aggravation or
mitigation; provided that the | ||||||
3 | statement and evidence offered in aggravation
or | ||||||
4 | mitigation must first be prepared in writing in conjunction | ||||||
5 | with the
State's Attorney before it may be presented orally | ||||||
6 | at the hearing. Any
sworn testimony offered by the victim | ||||||
7 | is subject to the defendant's right
to cross-examine. All | ||||||
8 | statements and evidence offered under this paragraph
(7) | ||||||
9 | shall become part of the record of the court. For the | ||||||
10 | purpose of this
paragraph (7), "qualified individual" | ||||||
11 | means any person who (i) lived or worked
within the | ||||||
12 | territorial jurisdiction where the offense took place when | ||||||
13 | the
offense took place;
and (ii) is familiar with various | ||||||
14 | public places within the territorial
jurisdiction where
| ||||||
15 | the offense took place when the offense took place. For the | ||||||
16 | purposes of
this paragraph (7), "qualified individual" | ||||||
17 | includes any peace officer,
or any member of any duly | ||||||
18 | organized State, county, or municipal peace unit
assigned | ||||||
19 | to the territorial jurisdiction where the offense took | ||||||
20 | place when the
offense took
place;
| ||||||
21 | (8) in cases of reckless homicide afford the victim's | ||||||
22 | spouse,
guardians, parents or other immediate family | ||||||
23 | members an opportunity to make
oral statements; and
| ||||||
24 | (9) in cases involving a felony sex offense as defined | ||||||
25 | under the Sex
Offender
Management Board Act, consider the | ||||||
26 | results of the sex offender evaluation
conducted pursuant |
| |||||||
| |||||||
1 | to Section 5-3-2 of this Act.
| ||||||
2 | (b) All sentences shall be imposed by the judge based upon | ||||||
3 | his
independent assessment of the elements specified above and | ||||||
4 | any agreement
as to sentence reached by the parties. The judge | ||||||
5 | who presided at the
trial or the judge who accepted the plea of | ||||||
6 | guilty shall impose the
sentence unless he is no longer sitting | ||||||
7 | as a judge in that court. Where
the judge does not impose | ||||||
8 | sentence at the same time on all defendants
who are convicted | ||||||
9 | as a result of being involved in the same offense, the
| ||||||
10 | defendant or the State's Attorney may advise the sentencing | ||||||
11 | court of the
disposition of any other defendants who have been | ||||||
12 | sentenced.
| ||||||
13 | (c) In imposing a sentence for a violent crime or for an | ||||||
14 | offense of
operating or being in physical control of a vehicle | ||||||
15 | while under the
influence of alcohol, any other drug or any | ||||||
16 | combination thereof, or a
similar provision of a local | ||||||
17 | ordinance, when such offense resulted in the
personal injury to | ||||||
18 | someone other than the defendant, the trial judge shall
specify | ||||||
19 | on the record the particular evidence, information, factors in
| ||||||
20 | mitigation and aggravation or other reasons that led to his | ||||||
21 | sentencing
determination. The full verbatim record of the | ||||||
22 | sentencing hearing shall be
filed with the clerk of the court | ||||||
23 | and shall be a public record.
| ||||||
24 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
25 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
26 | aggravated vehicular hijacking,
aggravated discharge of a |
| |||||||
| |||||||
1 | firearm, or armed violence with a category I weapon
or category | ||||||
2 | II weapon,
the trial judge shall make a finding as to whether | ||||||
3 | the conduct leading to
conviction for the offense resulted in | ||||||
4 | great bodily harm to a victim, and
shall enter that finding and | ||||||
5 | the basis for that finding in the record.
| ||||||
6 | (c-2) If the defendant is sentenced to prison, other than | ||||||
7 | when a sentence of
natural life imprisonment or a sentence of | ||||||
8 | death is imposed, at the time
the sentence is imposed the judge | ||||||
9 | shall
state on the record in open court the approximate period | ||||||
10 | of time the defendant
will serve in custody according to the | ||||||
11 | then current statutory rules and
regulations for early release | ||||||
12 | found in Section 3-6-3 and other related
provisions of this | ||||||
13 | Code. This statement is intended solely to inform the
public, | ||||||
14 | has no legal effect on the defendant's actual release, and may | ||||||
15 | not be
relied on by the defendant on appeal.
| ||||||
16 | The judge's statement, to be given after pronouncing the | ||||||
17 | sentence, other than
when the sentence is imposed for one of | ||||||
18 | the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | ||||||
19 | shall include the following:
| ||||||
20 | "The purpose of this statement is to inform the public of | ||||||
21 | the actual period
of time this defendant is likely to spend in | ||||||
22 | prison as a result of this
sentence. The actual period of | ||||||
23 | prison time served is determined by the
statutes of Illinois as | ||||||
24 | applied to this sentence by the Illinois Department of
| ||||||
25 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
26 | case, assuming the defendant
receives all of his or her good |
| |||||||
| |||||||
1 | conduct credit, the period of estimated actual
custody is ... | ||||||
2 | years and ... months, less up to 180 days additional good
| ||||||
3 | conduct credit for meritorious service. If the defendant, | ||||||
4 | because of his or
her own misconduct or failure to comply with | ||||||
5 | the institutional regulations,
does not receive those credits, | ||||||
6 | the actual time served in prison will be
longer. The defendant | ||||||
7 | may also receive an additional one-half day good conduct
credit | ||||||
8 | for each day of participation in vocational, industry, | ||||||
9 | substance abuse,
and educational programs as provided for by | ||||||
10 | Illinois statute."
| ||||||
11 | When the sentence is imposed for one of the offenses | ||||||
12 | enumerated in paragraph
(a)(3) of Section 3-6-3, other than | ||||||
13 | when the sentence is imposed for one of the
offenses enumerated | ||||||
14 | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | ||||||
15 | 19, 1998, and other than when the sentence is imposed for
| ||||||
16 | reckless homicide as defined in subsection (e) of Section 9-3 | ||||||
17 | of the Criminal
Code of 1961 if the offense was committed on or | ||||||
18 | after January 1, 1999, and
other than when the sentence is | ||||||
19 | imposed for aggravated arson if the offense was
committed on or | ||||||
20 | after July 27, 2001 (the effective date of Public Act
92-176), | ||||||
21 | the
judge's statement, to be given after pronouncing the | ||||||
22 | sentence, shall include
the following:
| ||||||
23 | "The purpose of this statement is to inform the public of | ||||||
24 | the actual period
of time this defendant is likely to spend in | ||||||
25 | prison as a result of this
sentence. The actual period of | ||||||
26 | prison time served is determined by the
statutes of Illinois as |
| |||||||
| |||||||
1 | applied to this sentence by the Illinois Department of
| ||||||
2 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
3 | case,
assuming the defendant
receives all of his or her good | ||||||
4 | conduct credit, the period of estimated actual
custody is ... | ||||||
5 | years and ... months, less up to 90 days additional good
| ||||||
6 | conduct credit for meritorious service. If the defendant, | ||||||
7 | because of his or
her own misconduct or failure to comply with | ||||||
8 | the institutional regulations,
does not receive those credits, | ||||||
9 | the actual time served in prison will be
longer. The defendant | ||||||
10 | may also receive an additional one-half day good conduct
credit | ||||||
11 | for each day of participation in vocational, industry, | ||||||
12 | substance abuse,
and educational programs as provided for by | ||||||
13 | Illinois statute."
| ||||||
14 | When the sentence is imposed for one of the offenses | ||||||
15 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
16 | first degree murder, and the offense was
committed on or after | ||||||
17 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
18 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
19 | Criminal
Code of 1961 if the offense was committed on or after | ||||||
20 | January 1, 1999,
and when the sentence is imposed for | ||||||
21 | aggravated driving under the influence
of alcohol, other drug | ||||||
22 | or drugs, or intoxicating compound or compounds, or
any | ||||||
23 | combination thereof as defined in subparagraph (F) of paragraph | ||||||
24 | (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle | ||||||
25 | Code, and when
the sentence is imposed for aggravated arson if | ||||||
26 | the offense was committed
on or after July 27, 2001 (the |
| |||||||
| |||||||
1 | effective date of Public Act 92-176), the judge's
statement, to | ||||||
2 | be given after pronouncing the sentence, shall include the
| ||||||
3 | following:
| ||||||
4 | "The purpose of this statement is to inform the public of | ||||||
5 | the actual period
of time this defendant is likely to spend in | ||||||
6 | prison as a result of this
sentence. The actual period of | ||||||
7 | prison time served is determined by the
statutes of Illinois as | ||||||
8 | applied to this sentence by the Illinois Department of
| ||||||
9 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
10 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
11 | good conduct credit for
each month of his or her sentence of | ||||||
12 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
13 | of his or her sentence. Assuming the defendant
receives 4 1/2 | ||||||
14 | days credit for each month of his or her sentence, the period
| ||||||
15 | of estimated actual custody is ... years and ... months. If the | ||||||
16 | defendant,
because of his or her own misconduct or failure to | ||||||
17 | comply with the
institutional regulations receives lesser | ||||||
18 | credit, the actual time served in
prison will be longer."
| ||||||
19 | When a sentence of imprisonment is imposed for first degree | ||||||
20 | murder and
the offense was committed on or after June 19, 1998, | ||||||
21 | the judge's statement,
to be given after pronouncing the | ||||||
22 | sentence, shall include the following:
| ||||||
23 | "The purpose of this statement is to inform the public of | ||||||
24 | the actual period
of time this defendant is likely to spend in | ||||||
25 | prison as a result of this
sentence. The actual period of | ||||||
26 | prison time served is determined by the
statutes of Illinois as |
| |||||||
| |||||||
1 | applied to this sentence by the Illinois Department
of | ||||||
2 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
3 | case, the
defendant is not entitled to good conduct credit. | ||||||
4 | Therefore, this defendant
will serve 100% of his or her | ||||||
5 | sentence."
| ||||||
6 | When the sentencing order recommends placement in a | ||||||
7 | substance abuse program for any offense that results in | ||||||
8 | incarceration
in a Department of Corrections facility and the | ||||||
9 | crime was
committed on or after September 1, 2003 (the | ||||||
10 | effective date of Public Act
93-354), the judge's
statement, in | ||||||
11 | addition to any other judge's statement required under this
| ||||||
12 | Section, to be given after pronouncing the sentence, shall | ||||||
13 | include the
following:
| ||||||
14 | "The purpose of this statement is to inform the public of
| ||||||
15 | the actual period of time this defendant is likely to spend in
| ||||||
16 | prison as a result of this sentence. The actual period of
| ||||||
17 | prison time served is determined by the statutes of Illinois as
| ||||||
18 | applied to this sentence by the Illinois Department of
| ||||||
19 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
20 | case, the defendant shall receive no good conduct credit under | ||||||
21 | clause (3) of subsection (a) of Section 3-6-3 until he or
she | ||||||
22 | participates in and completes a substance abuse treatment | ||||||
23 | program or receives a waiver from the Director of Corrections | ||||||
24 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| ||||||
25 | (c-4) Before the sentencing hearing and as part of the | ||||||
26 | presentence investigation under Section 5-3-1, the court shall |
| |||||||
| |||||||
1 | inquire of the defendant whether the defendant is currently | ||||||
2 | serving in or is a veteran of the Armed Forces of the United | ||||||
3 | States.
If the defendant is currently serving in the Armed | ||||||
4 | Forces of the United States or is a veteran of the Armed Forces | ||||||
5 | of the United States and has been diagnosed as having a mental | ||||||
6 | illness by a qualified psychiatrist or clinical psychologist or | ||||||
7 | physician, the court may: | ||||||
8 | (1) order that the officer preparing the presentence | ||||||
9 | report consult with the United States Department of | ||||||
10 | Veterans Affairs, Illinois Department of Veterans' | ||||||
11 | Affairs, or another agency or person with suitable | ||||||
12 | knowledge or experience for the purpose of providing the | ||||||
13 | court with information regarding treatment options | ||||||
14 | available to the defendant, including federal, State, and | ||||||
15 | local programming; and | ||||||
16 | (2) consider the treatment recommendations of any | ||||||
17 | diagnosing or treating mental health professionals | ||||||
18 | together with the treatment options available to the | ||||||
19 | defendant in imposing sentence. | ||||||
20 | For the purposes of this subsection (c-4), "qualified | ||||||
21 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
22 | to practice medicine in all its branches, who has specialized | ||||||
23 | in the diagnosis and treatment of mental and nervous disorders | ||||||
24 | for a period of not less than 5 years. | ||||||
25 | (d) When the defendant is committed to the Department of
| ||||||
26 | Corrections, the State's Attorney shall and counsel for the |
| |||||||
| |||||||
1 | defendant
may file a statement with the clerk of the court to | ||||||
2 | be transmitted to
the department, agency or institution to | ||||||
3 | which the defendant is
committed to furnish such department, | ||||||
4 | agency or institution with the
facts and circumstances of the | ||||||
5 | offense for which the person was
committed together with all | ||||||
6 | other factual information accessible to them
in regard to the | ||||||
7 | person prior to his commitment relative to his habits,
| ||||||
8 | associates, disposition and reputation and any other facts and
| ||||||
9 | circumstances which may aid such department, agency or | ||||||
10 | institution
during its custody of such person. The clerk shall | ||||||
11 | within 10 days after
receiving any such statements transmit a | ||||||
12 | copy to such department, agency
or institution and a copy to | ||||||
13 | the other party, provided, however, that
this shall not be | ||||||
14 | cause for delay in conveying the person to the
department, | ||||||
15 | agency or institution to which he has been committed.
| ||||||
16 | (e) The clerk of the court shall transmit to the | ||||||
17 | department,
agency or institution, if any, to which the | ||||||
18 | defendant is committed, the
following:
| ||||||
19 | (1) the sentence imposed;
| ||||||
20 | (2) any statement by the court of the basis for | ||||||
21 | imposing the sentence;
| ||||||
22 | (3) any presentence reports;
| ||||||
23 | (3.5) any sex offender evaluations;
| ||||||
24 | (3.6) any substance abuse treatment eligibility | ||||||
25 | screening and assessment of the defendant by an agent | ||||||
26 | designated by the State of Illinois to provide assessment |
| |||||||
| |||||||
1 | services for the Illinois courts;
| ||||||
2 | (4) the number of days, if any, which the defendant has | ||||||
3 | been in
custody and for which he is entitled to credit | ||||||
4 | against the sentence,
which information shall be provided | ||||||
5 | to the clerk by the sheriff;
| ||||||
6 | (4.1) any finding of great bodily harm made by the | ||||||
7 | court with respect
to an offense enumerated in subsection | ||||||
8 | (c-1);
| ||||||
9 | (5) all statements filed under subsection (d) of this | ||||||
10 | Section;
| ||||||
11 | (6) any medical or mental health records or summaries | ||||||
12 | of the defendant;
| ||||||
13 | (7) the municipality where the arrest of the offender | ||||||
14 | or the commission
of the offense has occurred, where such | ||||||
15 | municipality has a population of
more than 25,000 persons;
| ||||||
16 | (8) all statements made and evidence offered under | ||||||
17 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
18 | (9) all additional matters which the court directs the | ||||||
19 | clerk to
transmit.
| ||||||
20 | (Source: P.A. 95-331, eff. 8-21-07; 96-86, eff. 1-1-10.)
| ||||||
21 | (730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)
| ||||||
22 | Sec. 5-9-1.2. (a) Twelve and one-half percent of all | ||||||
23 | amounts collected
as fines pursuant to Section 5-9-1.1 shall be | ||||||
24 | paid into the Youth Drug
Abuse Prevention Fund, which is hereby | ||||||
25 | created in the State treasury, to be
used by the Department of |
| |||||||
| |||||||
1 | Human Services (before January 1, 2011) or the Department of | ||||||
2 | Healthcare and Family Services (on or after January 1, 2011)
| ||||||
3 | for the funding of
programs and services for drug-abuse | ||||||
4 | treatment, and prevention and
education services, for | ||||||
5 | juveniles.
| ||||||
6 | (b) Eighty-seven and one-half percent of the proceeds of | ||||||
7 | all fines
received pursuant to Section 5-9-1.1 shall be | ||||||
8 | transmitted to and deposited
in the treasurer's office at the | ||||||
9 | level of government as follows:
| ||||||
10 | (1) If such seizure was made by a combination of law | ||||||
11 | enforcement
personnel representing differing units of | ||||||
12 | local government, the court
levying the fine shall | ||||||
13 | equitably allocate 50% of the fine among these units
of | ||||||
14 | local government and shall allocate 37 1/2% to the county | ||||||
15 | general
corporate fund. In the event that the seizure was | ||||||
16 | made by law enforcement
personnel representing a unit of | ||||||
17 | local government from a municipality where
the number of | ||||||
18 | inhabitants exceeds 2 million in population, the court
| ||||||
19 | levying the fine shall allocate 87 1/2% of the fine to that | ||||||
20 | unit of local
government. If the seizure was made by a | ||||||
21 | combination of law enforcement
personnel representing | ||||||
22 | differing units of local government, and at least
one of | ||||||
23 | those units represents a municipality where the number of
| ||||||
24 | inhabitants exceeds 2 million in population, the court | ||||||
25 | shall equitably
allocate 87 1/2% of the proceeds of the | ||||||
26 | fines received among the differing
units of local |
| |||||||
| |||||||
1 | government.
| ||||||
2 | (2) If such seizure was made by State law enforcement | ||||||
3 | personnel, then
the court shall allocate 37 1/2% to the | ||||||
4 | State treasury and 50% to the
county general corporate | ||||||
5 | fund.
| ||||||
6 | (3) If a State law enforcement agency in combination | ||||||
7 | with a law
enforcement agency or agencies of a unit or | ||||||
8 | units of local government
conducted the seizure, the court | ||||||
9 | shall equitably allocate 37 1/2% of the
fines to or among | ||||||
10 | the law enforcement agency or agencies of the unit or
units | ||||||
11 | of local government which conducted the seizure and shall | ||||||
12 | allocate
50% to the county general corporate fund.
| ||||||
13 | (c) The proceeds of all fines allocated to the law | ||||||
14 | enforcement agency or
agencies of the unit or units of local | ||||||
15 | government pursuant to subsection
(b) shall be made available | ||||||
16 | to that law enforcement agency as expendable
receipts for use | ||||||
17 | in the enforcement of laws regulating controlled
substances and | ||||||
18 | cannabis. The proceeds of fines awarded to the State
treasury | ||||||
19 | shall be deposited in a special fund known as the Drug Traffic
| ||||||
20 | Prevention Fund. Monies from this fund may be used by the | ||||||
21 | Department of
State Police for use in the enforcement of laws | ||||||
22 | regulating controlled
substances and cannabis; to satisfy | ||||||
23 | funding provisions of the
Intergovernmental Drug Laws | ||||||
24 | Enforcement Act; and to defray costs and
expenses
associated | ||||||
25 | with returning violators of the Cannabis Control Act, the
| ||||||
26 | Illinois Controlled Substances Act, and the Methamphetamine |
| |||||||
| |||||||
1 | Control and Community Protection Act only, as provided in those | ||||||
2 | Acts, when
punishment of the crime shall be confinement of the | ||||||
3 | criminal in the
penitentiary. Moneys in the Drug Traffic | ||||||
4 | Prevention Fund deposited from
fines
awarded
as a direct result | ||||||
5 | of enforcement efforts of the Illinois Conservation Police
may | ||||||
6 | be used by the Department of Natural Resources Office of Law
| ||||||
7 | Enforcement for use in enforcing laws regulating controlled | ||||||
8 | substances
and cannabis on Department of Natural Resources | ||||||
9 | regulated lands and
waterways. All other monies shall be paid | ||||||
10 | into the general revenue
fund in the State treasury. | ||||||
11 | (d) There is created in the State treasury the | ||||||
12 | Methamphetamine Law Enforcement Fund. Moneys in the Fund shall | ||||||
13 | be equitably allocated to local law enforcement agencies to: | ||||||
14 | (1) reimburse those agencies for the costs of securing and | ||||||
15 | cleaning up sites and facilities used for the illegal | ||||||
16 | manufacture of methamphetamine; (2) defray the costs of | ||||||
17 | employing full-time or part-time peace officers from a | ||||||
18 | Metropolitan Enforcement Group or other local drug task force, | ||||||
19 | including overtime costs for those officers; and (3) defray the | ||||||
20 | costs associated with medical or dental expenses incurred by | ||||||
21 | the county resulting from the incarceration of methamphetamine | ||||||
22 | addicts in the county jail or County Department of Corrections.
| ||||||
23 | (Source: P.A. 94-550, eff. 1-1-06; 94-556, eff. 9-11-05; | ||||||
24 | 95-331, eff. 8-21-07.)
| ||||||
25 | Section 1185. The Probation and Probation Officers Act is |
| |||||||
| |||||||
1 | amended by changing Section 12 as follows:
| ||||||
2 | (730 ILCS 110/12) (from Ch. 38, par. 204-4)
| ||||||
3 | Sec. 12. The duties of probation officers shall be:
| ||||||
4 | (1) To investigate as required by Section 5-3-1 of the | ||||||
5 | "Unified Code
of Corrections", approved July 26, 1972, as | ||||||
6 | amended, the case of
any person to be placed on probation. Full | ||||||
7 | opportunity shall be afforded
a probation officer to confer | ||||||
8 | with the person under investigation when
such person is in | ||||||
9 | custody.
| ||||||
10 | (2) To notify the court of any previous conviction for | ||||||
11 | crime or
previous probation of any defendant invoking the | ||||||
12 | provisions of this Act.
| ||||||
13 | (3) All reports and notifications required in this Act to | ||||||
14 | be made by
probation officers shall be in writing and shall be | ||||||
15 | filed by the clerk
in the respective cases.
| ||||||
16 | (4) To preserve complete and accurate records of cases | ||||||
17 | investigated,
including a description of the person | ||||||
18 | investigated, the action of the
court with respect to his case | ||||||
19 | and his probation, the subsequent history
of such person, if he | ||||||
20 | becomes a probationer, during the continuance of
his probation, | ||||||
21 | which records shall be open to inspection by any judge or
by | ||||||
22 | any probation officer pursuant to order of court, but shall not | ||||||
23 | be a
public record, and its contents shall not be divulged | ||||||
24 | otherwise than as
above provided, except upon order of court.
| ||||||
25 | (5) To take charge of and watch over all persons placed on |
| |||||||
| |||||||
1 | probation
under such regulations and for such terms as may be | ||||||
2 | prescribed by the
court, and giving to each probationer full | ||||||
3 | instructions as to the terms
of his release upon probation and | ||||||
4 | requiring from him such periodical
reports as shall keep the | ||||||
5 | officer informed as to his conduct.
| ||||||
6 | (6) To develop and operate programs of reasonable public or | ||||||
7 | community
service
for any persons ordered by the court to | ||||||
8 | perform public or community
service, providing, however,
that | ||||||
9 | no probation officer or any employee of a probation office | ||||||
10 | acting in
the course of his official duties shall be liable for | ||||||
11 | any tortious acts
of any person performing public or community | ||||||
12 | service except for wilful
misconduct or gross negligence on the
| ||||||
13 | part of the probation officer or employee.
| ||||||
14 | (7) When any person on probation removes from the county | ||||||
15 | where his
offense was committed, it shall be the duty of the | ||||||
16 | officer under whose
care he was placed to report the facts to | ||||||
17 | the probation officer in the
county to which the probationer | ||||||
18 | has removed; and it shall thereupon
become the duty of such | ||||||
19 | probation officer to take charge of and watch
over said | ||||||
20 | probationer the same as if the case originated in that county;
| ||||||
21 | and for that purpose he shall have the same power and authority | ||||||
22 | over
said probationer as if he had been originally placed in | ||||||
23 | said officer's
charge; and such officer shall be required to | ||||||
24 | report in writing every 6
months, or more frequently upon | ||||||
25 | request the results of his supervision
to the probation officer | ||||||
26 | in whose
charge the said probationer was originally placed by |
| |||||||
| |||||||
1 | the court.
| ||||||
2 | (8) To authorize travel permits to individuals under their | ||||||
3 | supervision
unless otherwise ordered by the court.
| ||||||
4 | (9) To perform such other duties as are provided for in | ||||||
5 | this act or
by rules of court and such incidental duties as may | ||||||
6 | be implied from
those expressly required.
| ||||||
7 | (10) To send written notification to a public housing | ||||||
8 | agency if a person
on probation for a felony who is under the | ||||||
9 | supervision of the probation officer
informs the probation | ||||||
10 | officer that he or she has resided, resides, or will
reside at | ||||||
11 | an address that is a housing facility owned, managed, operated, | ||||||
12 | or
leased by that public housing agency.
| ||||||
13 | (11) If a person on probation for a felony offense who is | ||||||
14 | under the supervision of the probation officer becomes a | ||||||
15 | resident of a facility licensed or regulated by the Department | ||||||
16 | of Public Health, the Illinois Department of Healthcare and | ||||||
17 | Family Services Public Aid , or the Illinois Department of Human | ||||||
18 | Services, the probation officer shall within 3 days of the | ||||||
19 | person becoming a resident, notify the licensing or regulating | ||||||
20 | Department and licensed or regulated facility and shall provide | ||||||
21 | the licensed or regulated facility and licensing or regulating | ||||||
22 | Department with copies of the following: | ||||||
23 | (a) (blank); | ||||||
24 | (b) any applicable probation orders and corresponding | ||||||
25 | compliance plans; | ||||||
26 | (c) the name and contact information for the assigned |
| |||||||
| |||||||
1 | probation officer.
| ||||||
2 | (Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)
| ||||||
3 | Section 1190. The Code of Civil Procedure is amended by | ||||||
4 | changing Sections 8-2002 and 8-2101 as follows:
| ||||||
5 | (735 ILCS 5/8-2002) (from Ch. 110, par. 8-2002)
| ||||||
6 | Sec. 8-2002. Application.
| ||||||
7 | (a) Part 20 of Article VIII of this
Act does not apply to | ||||||
8 | the records of patients,
inmates, or persons being examined, | ||||||
9 | observed or treated in any
institution, division, program or | ||||||
10 | service now existing, or hereafter
acquired or created under | ||||||
11 | the jurisdiction of the Department of Human
Services as | ||||||
12 | successor to the Department of Mental Health and Developmental
| ||||||
13 | Disabilities and the Department of
Alcoholism and Substance | ||||||
14 | Abuse or the Department of Healthcare and Family Services as | ||||||
15 | successor to the Department of Human Services with respect to | ||||||
16 | functions relating to mental health or alcoholism and substance | ||||||
17 | abuse , or over which, in that capacity, the
Department of Human | ||||||
18 | Services or the Department of Healthcare and Family Services | ||||||
19 | exercises
executive or administrative supervision.
| ||||||
20 | (b) In the event of a conflict between the application of | ||||||
21 | Part 20 of
Article VIII of this Act
and the Mental Health and | ||||||
22 | Developmental Disabilities Confidentiality Act
or subsection | ||||||
23 | (bb) of Section 30-5 of the
Alcoholism and Other Drug Abuse and | ||||||
24 | Dependency Act
to a specific situation, the provisions of the |
| |||||||
| |||||||
1 | Mental Health and
Developmental Disabilities Confidentiality | ||||||
2 | Act or subsection (bb) of
Section 30-5
of the Alcoholism and | ||||||
3 | Other Drug Abuse and Dependency Act
shall control.
The | ||||||
4 | provisions of federal law concerning the confidentiality of
| ||||||
5 | alcohol and drug abuse patient records, as contained in Title | ||||||
6 | 21 of the
United States Code, Section 1175; Title 42 of the | ||||||
7 | United States Code,
Section 4582; 42 CFR Part 2; and any other | ||||||
8 | regulations promulgated pursuant
thereto, all as now or | ||||||
9 | hereafter amended, shall supersede all other laws
and | ||||||
10 | regulations concerning such confidentiality, except where any | ||||||
11 | such
otherwise applicable laws or regulations are more | ||||||
12 | stringent, in which case
the most stringent shall apply.
| ||||||
13 | (Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
| ||||||
14 | (735 ILCS 5/8-2101) (from Ch. 110, par. 8-2101)
| ||||||
15 | Sec. 8-2101. Information obtained. All information, | ||||||
16 | interviews, reports,
statements, memoranda, recommendations, | ||||||
17 | letters of reference or other third
party confidential | ||||||
18 | assessments of a health care practitioner's professional
| ||||||
19 | competence, or other data of the Illinois Department of Public | ||||||
20 | Health,
local health departments, the Department of Human | ||||||
21 | Services (as
successor to the Department of Mental Health and | ||||||
22 | Developmental
Disabilities) or the Department of Healthcare and | ||||||
23 | Family Services (as successor to the Department of Human | ||||||
24 | Services with respect to functions relating to mental health) , | ||||||
25 | the Mental Health and
Developmental
Disabilities Medical |
| |||||||
| |||||||
1 | Review Board, the Illinois State Medical Society, allied
| ||||||
2 | medical societies, health maintenance organizations, medical
| ||||||
3 | organizations under contract with health maintenance | ||||||
4 | organizations or with
insurance or other health care delivery | ||||||
5 | entities or facilities, tissue banks,
organ procurement | ||||||
6 | agencies, physician-owned insurance companies and
their | ||||||
7 | agents, committees of ambulatory surgical treatment centers or
| ||||||
8 | post-surgical recovery centers or their medical staffs, or | ||||||
9 | committees of
licensed or accredited hospitals or their medical | ||||||
10 | staffs, including Patient
Care Audit Committees, Medical Care | ||||||
11 | Evaluation Committees, Utilization Review
Committees, | ||||||
12 | Credential Committees and Executive Committees, or their
| ||||||
13 | designees (but not the medical records pertaining to the | ||||||
14 | patient), used in
the course of internal quality control or of | ||||||
15 | medical study for the purpose of
reducing morbidity or | ||||||
16 | mortality, or for improving patient care or increasing
organ | ||||||
17 | and tissue donation, shall be privileged, strictly | ||||||
18 | confidential and
shall be used only for medical research, | ||||||
19 | increasing organ and tissue
donation, the evaluation and | ||||||
20 | improvement of quality care, or granting,
limiting or revoking | ||||||
21 | staff privileges or agreements for services, except
that in any | ||||||
22 | health maintenance organization proceeding to decide upon a
| ||||||
23 | physician's services or any hospital or ambulatory surgical | ||||||
24 | treatment
center proceeding to decide upon a physician's staff | ||||||
25 | privileges, or in any
judicial review of either, the claim of | ||||||
26 | confidentiality shall
not be invoked to deny such physician |
| |||||||
| |||||||
1 | access to or use of data upon which such
a decision was based.
| ||||||
2 | (Source: P.A. 92-644, eff. 1-1-03.)
| ||||||
3 | Section 1195. The Controlled Substance and Cannabis | ||||||
4 | Nuisance Act is amended by changing Section 7 as follows:
| ||||||
5 | (740 ILCS 40/7) (from Ch. 100 1/2, par. 20)
| ||||||
6 | Sec. 7.
The proceeds of the sale of the movable property | ||||||
7 | shall be applied in
payment of the costs of the proceeding, and | ||||||
8 | the balance, if any, shall be
forwarded by the clerk of the | ||||||
9 | circuit court to the State Treasurer for
deposit into the Drug | ||||||
10 | Treatment Fund, which is established as a special
fund within | ||||||
11 | the State Treasury. The Department of Human Services (before | ||||||
12 | January 1, 2011) or the Department of Healthcare and Family | ||||||
13 | Services (on or after January 1, 2011) may make
grants to | ||||||
14 | persons licensed under
Section 15-10 of the Alcoholism and | ||||||
15 | Other Drug Abuse and Dependency Act or to
municipalities or | ||||||
16 | counties from funds appropriated to the Department from the
| ||||||
17 | Drug Treatment
Fund for the treatment of persons addicted to | ||||||
18 | alcohol, cannabis, or
controlled substances. The Department | ||||||
19 | may adopt any rules it deems
appropriate for the administration | ||||||
20 | of these grants. The Department shall
ensure that the moneys | ||||||
21 | collected in each county be returned proportionately
to the | ||||||
22 | counties through grants to licensees located within the county | ||||||
23 | in
which the assessment was collected. Moneys in the Fund shall | ||||||
24 | not supplant
other local, state or federal funds.
|
| |||||||
| |||||||
1 | (Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
| ||||||
2 | Section 1200. The Escaped Inmate Damages Act is amended by | ||||||
3 | changing Section 1 as follows:
| ||||||
4 | (740 ILCS 60/1) (from Ch. 23, par. 4041)
| ||||||
5 | Sec. 1.
Whenever a claim is filed with the Department of | ||||||
6 | Human Services (as
successor to the Department of Mental Health | ||||||
7 | and Developmental
Disabilities) or the Department of | ||||||
8 | Healthcare and Family Services (as successor to the Department | ||||||
9 | of Human Services with respect to functions relating to mental | ||||||
10 | health) , the Department of Children and Family Services,
or the | ||||||
11 | Department of Corrections for damages resulting from personal
| ||||||
12 | injuries or damages to property, or both, or for damages | ||||||
13 | resulting from
property being stolen, heretofore or hereafter | ||||||
14 | caused by an inmate who has
escaped from a charitable, penal, | ||||||
15 | reformatory or other institution over
which the State of | ||||||
16 | Illinois has control while he was at liberty after his
escape, | ||||||
17 | the Department of Human Services, the Department of Healthcare | ||||||
18 | and Family Services, the
Department of Children and Family | ||||||
19 | Services, or the Department of
Corrections
shall conduct an | ||||||
20 | investigation to determine the cause, nature and extent of
the | ||||||
21 | damages and if it be found after investigation that the damage | ||||||
22 | was
caused by one who had been an inmate of such institution | ||||||
23 | and had escaped,
the Department may recommend to the Court of | ||||||
24 | Claims that an award be made
to the injured party, and the |
| |||||||
| |||||||
1 | Court of Claims shall have the power to hear
and determine such | ||||||
2 | claims.
| ||||||
3 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
4 | Section 1205. The Mental Health and Developmental | ||||||
5 | Disabilities Confidentiality Act is amended by changing | ||||||
6 | Sections 9.1, 9.2, 9.3, 11, 12, and 17 as follows:
| ||||||
7 | (740 ILCS 110/9.1) (from Ch. 91 1/2, par. 809.1)
| ||||||
8 | Sec. 9.1.
The Department of Human Services, the Department | ||||||
9 | of Healthcare and Family Services, and other agencies and
| ||||||
10 | institutions which provide
services, may disclose a | ||||||
11 | recipient's record or communications, without consent,
to the | ||||||
12 | Institute for Juvenile Research and the Institute for the Study | ||||||
13 | of
Developmental Disabilities for purposes of research, | ||||||
14 | education and
treatment. The Institutes shall not redisclose | ||||||
15 | any personally identifiable
information, unless necessary for | ||||||
16 | treatment of the identified recipient.
| ||||||
17 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
18 | (740 ILCS 110/9.2)
| ||||||
19 | Sec. 9.2. Interagency disclosure of recipient information. | ||||||
20 | For the
purposes of continuity of care, the Department of Human | ||||||
21 | Services (as
successor to the Department of Mental Health and | ||||||
22 | Developmental
Disabilities) or the Department of Healthcare | ||||||
23 | and Family Services (as successor to the Department of Human |
| |||||||
| |||||||
1 | Services with respect to functions relating to mental health) , | ||||||
2 | community agencies funded by the
Department of Human Services | ||||||
3 | or the Department of Healthcare and Family Services in that | ||||||
4 | capacity, prisons operated by the Department of Corrections, | ||||||
5 | mental health facilities operated by a county, and jails | ||||||
6 | operated by any
county of this State may disclose a
recipient's | ||||||
7 | record or communications, without consent, to each other, but | ||||||
8 | only
for the purpose of admission, treatment, planning, or | ||||||
9 | discharge. Entities
shall not redisclose any personally | ||||||
10 | identifiable information, unless necessary
for admission, | ||||||
11 | treatment, planning, or discharge of the identified recipient | ||||||
12 | to
another setting.
No records or communications may be | ||||||
13 | disclosed to a county jail or State prison pursuant to
this | ||||||
14 | Section unless the Department has entered into a written | ||||||
15 | agreement with
the county jail or State prison requiring that | ||||||
16 | the county jail or State prison adopt written policies and
| ||||||
17 | procedures designed to ensure that the records and | ||||||
18 | communications are disclosed
only to those persons employed by | ||||||
19 | or under contract to the county jail or State prison who are
| ||||||
20 | involved in the provision of mental health services to inmates | ||||||
21 | and that the
records and communications are protected from | ||||||
22 | further disclosure.
| ||||||
23 | (Source: P.A. 94-182, eff. 7-12-05.)
| ||||||
24 | (740 ILCS 110/9.3)
| ||||||
25 | Sec. 9.3.
Disclosure without consent under the Sexually |
| |||||||
| |||||||
1 | Violent Persons
Commitment Act.
Disclosure may be made without | ||||||
2 | consent by any therapist or other treatment
provider providing | ||||||
3 | mental
health or developmental disabilities services pursuant | ||||||
4 | to the provisions of the
Sexually Violent Persons Commitment | ||||||
5 | Act or who previously provided any type
of mental health or | ||||||
6 | developmental disabilities services to a person who is
subject | ||||||
7 | to an evaluation, investigation, or prosecution of a petition | ||||||
8 | under the
Sexually Violent Persons Commitment Act. Disclosure | ||||||
9 | may be made to the
Attorney General, the State's Attorney | ||||||
10 | participating in the case, the
Department
of Human Services, | ||||||
11 | the Department of Healthcare and Family Services, the court,
| ||||||
12 | and any other party to whom the court directs disclosure to be | ||||||
13 | made. The
information disclosed may include
any records or | ||||||
14 | communications in the possession of the Department of
| ||||||
15 | Corrections, if those records or communications were relied | ||||||
16 | upon by the
therapist in providing mental health or | ||||||
17 | developmental disabilities services
pursuant to the Sexually | ||||||
18 | Violent Persons Commitment Act.
Any records and any information | ||||||
19 | obtained from those records under this
Section may be used only | ||||||
20 | in sexually violent persons commitment
proceedings.
| ||||||
21 | (Source: P.A. 92-415, eff. 8-17-01.)
| ||||||
22 | (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
| ||||||
23 | Sec. 11. Disclosure of records and communications. Records | ||||||
24 | and
communications may be disclosed:
| ||||||
25 | (i) in accordance with the provisions of the
Abused and |
| |||||||
| |||||||
1 | Neglected Child Reporting Act, subsection (u) of Section 5 | ||||||
2 | of the Children and Family Services Act, or Section 7.4 of | ||||||
3 | the Child Care Act of 1969;
| ||||||
4 | (ii) when, and to the extent, a
therapist, in his or | ||||||
5 | her sole discretion, determines that disclosure is
| ||||||
6 | necessary to initiate or continue civil commitment or | ||||||
7 | involuntary treatment proceedings under the laws
of this | ||||||
8 | State or to otherwise protect the recipient or other person | ||||||
9 | against a
clear, imminent risk of serious physical or | ||||||
10 | mental injury or disease or death
being inflicted upon the | ||||||
11 | recipient or by the recipient on himself or another;
| ||||||
12 | (iii) when, and to the extent disclosure is, in the | ||||||
13 | sole discretion of the
therapist, necessary to the | ||||||
14 | provision of emergency medical care to a recipient
who is | ||||||
15 | unable to assert or waive his or her rights hereunder;
| ||||||
16 | (iv) when
disclosure is necessary to collect sums or | ||||||
17 | receive third
party payment representing charges for | ||||||
18 | mental health or developmental
disabilities services | ||||||
19 | provided by a therapist or agency to a recipient
under | ||||||
20 | Chapter V of the Mental Health and Developmental | ||||||
21 | Disabilities Code or to
transfer debts under the | ||||||
22 | Uncollected State Claims Act; however, disclosure
shall be | ||||||
23 | limited to information needed to pursue collection, and the
| ||||||
24 | information so disclosed shall not be used for any other | ||||||
25 | purposes nor shall it
be redisclosed except in connection | ||||||
26 | with collection activities;
|
| |||||||
| |||||||
1 | (v) when
requested by a family member, the Department | ||||||
2 | of Human Services or the Department of Healthcare and | ||||||
3 | Family Services may assist in
the location of the interment | ||||||
4 | site of a deceased recipient who is interred in a
cemetery | ||||||
5 | established under Section 26 100-26 of the Mental Health | ||||||
6 | and
Developmental Disabilities Administrative Act;
| ||||||
7 | (vi) in judicial proceedings
under Article VIII of | ||||||
8 | Chapter III and Article V of Chapter IV of the Mental
| ||||||
9 | Health and Developmental Disabilities Code and proceedings | ||||||
10 | and investigations
preliminary thereto, to the State's | ||||||
11 | Attorney for the county or residence of a
person who is the | ||||||
12 | subject of such proceedings, or in which the person is | ||||||
13 | found,
or in which the facility is located, to the attorney | ||||||
14 | representing the recipient
in the judicial proceedings, to | ||||||
15 | any person or agency providing mental health
services that | ||||||
16 | are the subject of the proceedings and to that person's or
| ||||||
17 | agency's attorney, to any court personnel, including but | ||||||
18 | not limited to judges
and circuit court clerks, and to a | ||||||
19 | guardian ad litem if one has been appointed
by the court, | ||||||
20 | provided that the information so disclosed shall not be | ||||||
21 | utilized
for any other purpose nor be redisclosed except in | ||||||
22 | connection with the
proceedings or investigations;
| ||||||
23 | (vii) when, and to the extent disclosure is
necessary | ||||||
24 | to comply with the requirements of the Census Bureau in | ||||||
25 | taking the
federal Decennial Census;
| ||||||
26 | (viii) when, and to the extent, in the
therapist's sole |
| |||||||
| |||||||
1 | discretion, disclosure is necessary to warn or protect a
| ||||||
2 | specific individual against whom a recipient has made a | ||||||
3 | specific threat of
violence where there exists a | ||||||
4 | therapist-recipient relationship or a special
| ||||||
5 | recipient-individual relationship;
| ||||||
6 | (ix) in accordance with the Sex Offender
Registration | ||||||
7 | Act;
| ||||||
8 | (x) in accordance with the Rights of Crime Victims and
| ||||||
9 | Witnesses Act; | ||||||
10 | (xi) in accordance with Section 6 of the Abused and | ||||||
11 | Neglected Long Term Care Facility Residents Reporting Act; | ||||||
12 | and | ||||||
13 | (xii) in accordance with Section 55 of the Abuse of | ||||||
14 | Adults with Disabilities Intervention Act.
| ||||||
15 | Any person, institution, or agency, under
this Act, | ||||||
16 | participating in good faith in the making of a report under the
| ||||||
17 | Abused and Neglected Child Reporting Act or in the disclosure | ||||||
18 | of records and
communications under this Section, shall have | ||||||
19 | immunity from any liability,
civil, criminal or otherwise, that | ||||||
20 | might result by reason of such action. For
the purpose of any | ||||||
21 | proceeding, civil or criminal, arising out of a report or
| ||||||
22 | disclosure under this Section, the good faith of any person, | ||||||
23 | institution, or
agency so reporting or disclosing shall be | ||||||
24 | presumed.
| ||||||
25 | (Source: P.A. 95-331, eff. 8-21-07; 96-466, eff. 8-14-09.)
|
| |||||||
| |||||||
1 | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
| ||||||
2 | Sec. 12. (a) If the United States Secret Service or the | ||||||
3 | Department of
State Police requests information from a mental | ||||||
4 | health or developmental
disability facility, as defined in | ||||||
5 | Section 1-107 and 1-114 of the Mental
Health and Developmental | ||||||
6 | Disabilities Code, relating to a specific
recipient and the | ||||||
7 | facility director determines that disclosure of such
| ||||||
8 | information may be necessary to protect the life of, or to | ||||||
9 | prevent
the infliction of great bodily harm to, a public | ||||||
10 | official,
or a person under the protection of the United
States | ||||||
11 | Secret Service, only the following information
may be | ||||||
12 | disclosed: the recipient's name, address, and age and the date | ||||||
13 | of
any admission to or discharge from a facility; and any | ||||||
14 | information which
would indicate whether or not the recipient | ||||||
15 | has a history of violence or
presents a danger of violence to | ||||||
16 | the person under protection. Any information
so disclosed shall | ||||||
17 | be used for investigative purposes only and shall not
be | ||||||
18 | publicly disseminated.
Any person participating in good faith | ||||||
19 | in the disclosure of such
information in accordance with this | ||||||
20 | provision shall have immunity from any
liability, civil, | ||||||
21 | criminal or otherwise, if such information is disclosed
relying | ||||||
22 | upon the representation of an officer of the United States | ||||||
23 | Secret
Service or the Department of State Police that a person | ||||||
24 | is under the
protection of the United States Secret Service or | ||||||
25 | is a public official.
| ||||||
26 | For the purpose of this subsection (a), the term "public |
| |||||||
| |||||||
1 | official" means
the Governor, Lieutenant Governor, Attorney | ||||||
2 | General, Secretary of State,
State Comptroller, State | ||||||
3 | Treasurer, member of the General Assembly, member of the United | ||||||
4 | States Congress, Judge of the United States as defined in 28 | ||||||
5 | U.S.C. 451, Justice of the United States as defined in 28 | ||||||
6 | U.S.C. 451, United States Magistrate Judge as defined in 28 | ||||||
7 | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or | ||||||
8 | Supreme, Appellate, Circuit, or Associate Judge of the State of | ||||||
9 | Illinois. The
term shall also include the spouse, child or | ||||||
10 | children of a public official.
| ||||||
11 | (b) The Department of Human Services or the Department of | ||||||
12 | Healthcare and Family Services (acting with respect to their | ||||||
13 | functions relating to mental health or developmental | ||||||
14 | disabilities as successor to the
Department of Mental Health | ||||||
15 | and Developmental Disabilities ) and all
public or private | ||||||
16 | hospitals and mental health facilities are required, as | ||||||
17 | hereafter described in this subsection,
to furnish the | ||||||
18 | Department of State Police only such information as may
be | ||||||
19 | required for the sole purpose of determining whether an | ||||||
20 | individual who
may be or may have been a patient is | ||||||
21 | disqualified because of that status
from receiving or retaining | ||||||
22 | a Firearm Owner's Identification Card under
subsection (e) or | ||||||
23 | (f) of Section 8 of the Firearm Owners Identification Card
Act | ||||||
24 | or 18 U.S.C. 922(g) and (n). All public or private hospitals | ||||||
25 | and mental health facilities shall, in the form and manner | ||||||
26 | required
by the Department, provide such information as shall |
| |||||||
| |||||||
1 | be necessary for the
Department to comply with the reporting | ||||||
2 | requirements to the Department of
State Police. Such | ||||||
3 | information shall be furnished within 7 days after
admission to | ||||||
4 | a public or private hospital or mental health facility or the | ||||||
5 | provision of services to a patient described in clause (2) of | ||||||
6 | this subsection (b). Any such information disclosed under
this | ||||||
7 | subsection shall
remain privileged and confidential, and shall | ||||||
8 | not be redisclosed, except as required by clause (e)(2) of | ||||||
9 | Section 3.1 of the Firearm Owners Identification Card Act, nor | ||||||
10 | utilized
for any other purpose. The method of requiring the | ||||||
11 | providing of such
information shall guarantee that no | ||||||
12 | information is released beyond what
is necessary for this | ||||||
13 | purpose. In addition, the information disclosed
shall be | ||||||
14 | provided
by the Department within the time period established | ||||||
15 | by Section 24-3 of the
Criminal Code of 1961 regarding the | ||||||
16 | delivery of firearms. The method used
shall be sufficient to | ||||||
17 | provide the necessary information within the
prescribed time | ||||||
18 | period, which may include periodically providing
lists to the | ||||||
19 | Department of Human Services or the Department of Healthcare | ||||||
20 | and Family Services
or any public or private hospital or mental | ||||||
21 | health facility of Firearm Owner's Identification Card | ||||||
22 | applicants
on which the Department or hospital shall indicate | ||||||
23 | the identities of those
individuals who are to its knowledge | ||||||
24 | disqualified from having a Firearm
Owner's Identification Card | ||||||
25 | for reasons described herein. The Department
may provide for a | ||||||
26 | centralized source
of information for the State on this subject |
| |||||||
| |||||||
1 | under its jurisdiction.
| ||||||
2 | Any person, institution, or agency, under this Act, | ||||||
3 | participating in
good faith in the reporting or disclosure of | ||||||
4 | records and communications
otherwise in accordance with this | ||||||
5 | provision or with rules, regulations or
guidelines issued by | ||||||
6 | the Department shall have immunity from any
liability, civil, | ||||||
7 | criminal or otherwise, that might result by reason of the
| ||||||
8 | action. For the purpose of any proceeding, civil or criminal,
| ||||||
9 | arising out of a report or disclosure in accordance with this | ||||||
10 | provision,
the good faith of any person,
institution, or agency | ||||||
11 | so reporting or disclosing shall be presumed. The
full extent | ||||||
12 | of the immunity provided in this subsection (b) shall apply to
| ||||||
13 | any person, institution or agency that fails to make a report | ||||||
14 | or disclosure
in the good faith belief that the report or | ||||||
15 | disclosure would violate
federal regulations governing the | ||||||
16 | confidentiality of alcohol and drug abuse
patient records | ||||||
17 | implementing 42 U.S.C. 290dd-3 and 290ee-3.
| ||||||
18 | For purposes of this subsection (b) only, the following | ||||||
19 | terms shall have
the meaning prescribed:
| ||||||
20 | (1) "Hospital" means only that type of institution | ||||||
21 | which is providing
full-time residential facilities and | ||||||
22 | treatment.
| ||||||
23 | (2) "Patient" shall include only: (i) a person who is | ||||||
24 | an in-patient or resident of any public or private hospital | ||||||
25 | or mental health facility or (ii) a person who is an | ||||||
26 | out-patient or provided services by a public or private |
| |||||||
| |||||||
1 | hospital or mental health facility whose mental condition | ||||||
2 | is of such a nature that it is manifested by violent, | ||||||
3 | suicidal, threatening, or assaultive behavior or reported | ||||||
4 | behavior, for which there is a reasonable belief by a | ||||||
5 | physician, clinical psychologist, or qualified examiner | ||||||
6 | that the condition poses a clear and present or imminent | ||||||
7 | danger to the patient, any other person or the community | ||||||
8 | meaning the patient's condition poses a clear and present | ||||||
9 | danger in accordance with subsection
(f) of Section 8 of | ||||||
10 | the Firearm Owners Identification Card Act. The terms | ||||||
11 | physician, clinical psychologist, and qualified examiner | ||||||
12 | are defined in Sections 1-120, 1-103, and 1-122 of the | ||||||
13 | Mental Health and Developmental Disabilities Code.
| ||||||
14 | (3) "Mental health facility" is defined by Section | ||||||
15 | 1-114 of the Mental Health and Developmental Disabilities | ||||||
16 | Code.
| ||||||
17 | (c) Upon the request of a peace officer who takes a person | ||||||
18 | into custody
and transports such person to a mental health or | ||||||
19 | developmental disability
facility pursuant to Section 3-606 or | ||||||
20 | 4-404 of the Mental Health and
Developmental Disabilities Code | ||||||
21 | or who transports a person from such facility,
a facility | ||||||
22 | director shall furnish said peace officer the name, address, | ||||||
23 | age
and name of the nearest relative of the person transported | ||||||
24 | to or from the
mental health or developmental disability | ||||||
25 | facility. In no case shall the
facility director disclose to | ||||||
26 | the peace officer any information relating to the
diagnosis, |
| |||||||
| |||||||
1 | treatment or evaluation of the person's mental or physical | ||||||
2 | health.
| ||||||
3 | For the purposes of this subsection (c), the terms "mental | ||||||
4 | health or
developmental disability facility", "peace officer" | ||||||
5 | and "facility director"
shall have the meanings ascribed to | ||||||
6 | them in the Mental Health and
Developmental Disabilities Code.
| ||||||
7 | (d) Upon the request of a peace officer or prosecuting | ||||||
8 | authority who is
conducting a bona fide investigation of a | ||||||
9 | criminal offense, or attempting to
apprehend a fugitive from | ||||||
10 | justice,
a facility director may disclose whether a person is | ||||||
11 | present at the facility.
Upon request of a peace officer or | ||||||
12 | prosecuting authority who has a valid
forcible felony warrant | ||||||
13 | issued, a facility director shall disclose: (1) whether
the | ||||||
14 | person who is the subject of the warrant is present at the | ||||||
15 | facility and (2)
the
date of that person's discharge or future | ||||||
16 | discharge from the facility.
The requesting peace officer or | ||||||
17 | prosecuting authority must furnish a case
number and the | ||||||
18 | purpose of the investigation or an outstanding arrest warrant | ||||||
19 | at
the time of the request. Any person, institution, or agency
| ||||||
20 | participating in good faith in disclosing such information in | ||||||
21 | accordance with
this subsection (d) is immune from any | ||||||
22 | liability, civil, criminal or
otherwise, that might result by | ||||||
23 | reason of the action.
| ||||||
24 | (Source: P.A. 95-564, eff. 6-1-08; 96-193, eff. 8-10-09.)
| ||||||
25 | (740 ILCS 110/17) (from Ch. 91 1/2, par. 817)
|
| |||||||
| |||||||
1 | Sec. 17.
The Secretary of Human Services and the Director | ||||||
2 | of Healthcare and Family Services shall adopt rules and
| ||||||
3 | regulations to implement this Act.
| ||||||
4 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
5 | Section 1210. The Probate Act of 1975 is amended by | ||||||
6 | changing Sections 11-3, 11a-10, and 27-1 as follows:
| ||||||
7 | (755 ILCS 5/11-3) (from Ch. 110 1/2, par. 11-3)
| ||||||
8 | Sec. 11-3. Who may act as guardian.
| ||||||
9 | (a) A person is
qualified to act
as guardian of the person | ||||||
10 | and as
guardian of the estate if the court finds that the | ||||||
11 | proposed guardian is capable of providing an active and | ||||||
12 | suitable program of guardianship for the minor and that the | ||||||
13 | proposed guardian: | ||||||
14 | (1) has attained the age of 18 years; | ||||||
15 | (2) is a resident of the United States; | ||||||
16 | (3) is not of unsound mind; | ||||||
17 | (4) is not an adjudged disabled person as defined in | ||||||
18 | this Act; and | ||||||
19 | (5) has not been convicted of a felony, unless the | ||||||
20 | court finds appointment of the person convicted of a felony | ||||||
21 | to be in the minor's best interests, and as part of the | ||||||
22 | best interest determination, the court has considered the | ||||||
23 | nature of the offense, the date of offense, and the | ||||||
24 | evidence of the proposed guardian's rehabilitation. No |
| |||||||
| |||||||
1 | person shall be appointed who has been convicted of a | ||||||
2 | felony involving harm or threat to a child, including a | ||||||
3 | felony sexual offense. | ||||||
4 | One person may be appointed guardian of the
person and another | ||||||
5 | person appointed guardian of the estate.
| ||||||
6 | (b) The Department of Human Services , the Department of | ||||||
7 | Healthcare and Family Services, or the Department of Children | ||||||
8 | and Family Services may with the approval
of the court | ||||||
9 | designate one of its employees to serve without fees as
| ||||||
10 | guardian of the estate of a minor patient in a State mental | ||||||
11 | hospital or
a resident in a State institution when the value of | ||||||
12 | the personal estate
does not exceed $1,000.
| ||||||
13 | (Source: P.A. 94-579, eff. 8-12-05.)
| ||||||
14 | (755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
| ||||||
15 | Sec. 11a-10. Procedures preliminary to hearing.
| ||||||
16 | (a) Upon the filing of a petition pursuant to Section | ||||||
17 | 11a-8, the court shall
set a date and place for hearing to take | ||||||
18 | place within 30 days. The court
shall appoint a guardian ad | ||||||
19 | litem to report to the court concerning the
respondent's best | ||||||
20 | interests consistent with the provisions of this Section,
| ||||||
21 | except that
the appointment of a guardian ad litem shall not be | ||||||
22 | required when
the court determines that such appointment is not | ||||||
23 | necessary for the protection
of the respondent or a reasonably | ||||||
24 | informed decision on the petition.
If the guardian ad litem is | ||||||
25 | not a licensed attorney, he or she shall be
qualified,
by
|
| |||||||
| |||||||
1 | training or experience, to work with or advocate for the | ||||||
2 | developmentally
disabled, mentally ill, physically disabled, | ||||||
3 | the elderly, or persons disabled
because of mental | ||||||
4 | deterioration, depending on the type of disability that is
| ||||||
5 | alleged in the petition.
The court may allow the guardian ad | ||||||
6 | litem reasonable compensation. The
guardian ad litem may | ||||||
7 | consult with a person who by training or experience is
| ||||||
8 | qualified to work with persons with a developmental disability, | ||||||
9 | persons with
mental illness, or physically disabled persons, or | ||||||
10 | persons disabled because of
mental deterioration, depending on | ||||||
11 | the type of disability that is alleged.
The guardian ad litem | ||||||
12 | shall personally observe the respondent prior to the
hearing | ||||||
13 | and shall inform
him orally and in writing of the contents of | ||||||
14 | the petition and of his rights
under Section 11a-11.
The | ||||||
15 | guardian ad litem shall also attempt to elicit the respondent's | ||||||
16 | position
concerning the adjudication of disability, the | ||||||
17 | proposed guardian, a proposed
change in residential placement, | ||||||
18 | changes in care that might result from the
guardianship, and | ||||||
19 | other areas of inquiry deemed appropriate by the court.
At or | ||||||
20 | before the hearing, the guardian ad litem shall file a written | ||||||
21 | report
detailing his or her observations of the respondent, the | ||||||
22 | responses of the
respondent to any of the inquires detailed in | ||||||
23 | this Section, the opinion of the
guardian
ad litem or other | ||||||
24 | professionals with whom the guardian ad litem consulted
| ||||||
25 | concerning the appropriateness of guardianship, and any other | ||||||
26 | material issue
discovered by the guardian ad litem. The |
| |||||||
| |||||||
1 | guardian ad litem shall appear at the
hearing and testify as to | ||||||
2 | any issues presented in his or her report.
| ||||||
3 | (b) The court (1) may appoint counsel for the respondent, | ||||||
4 | if the court finds
that the interests of the respondent will be | ||||||
5 | best served by the appointment,
and (2) shall appoint counsel | ||||||
6 | upon respondent's request or if the respondent
takes a position | ||||||
7 | adverse to that of the guardian ad litem. The respondent
shall | ||||||
8 | be permitted to obtain the appointment of counsel either at the | ||||||
9 | hearing
or by any written or oral request communicated to the | ||||||
10 | court prior to the
hearing. The summons shall inform the | ||||||
11 | respondent of this right to obtain
appointed counsel. The court | ||||||
12 | may allow counsel for the respondent reasonable
compensation.
| ||||||
13 | (c) If the respondent is unable to pay the fee of the | ||||||
14 | guardian ad litem or
appointed counsel, or both, the court may | ||||||
15 | enter an order for
the petitioner to
pay all
such
fees or such | ||||||
16 | amounts as the respondent or the respondent's estate may be | ||||||
17 | unable
to pay.
However, in cases where the Office of State | ||||||
18 | Guardian is the petitioner,
consistent with Section 30 of the | ||||||
19 | Guardianship and Advocacy Act,
where an elder abuse provider | ||||||
20 | agency is the petitioner, pursuant to
Section 9 of the Elder | ||||||
21 | Abuse and Neglect Act,
or where the Department of Human | ||||||
22 | Services or Department of Healthcare and Family Services Office | ||||||
23 | of Inspector General is the petitioner, consistent with Section | ||||||
24 | 45(b) of the Abuse of Adults with Disabilities Intervention | ||||||
25 | Act, no guardian ad litem or legal fees shall be assessed | ||||||
26 | against the Office of
State Guardian, the elder abuse provider |
| |||||||
| |||||||
1 | agency, or the Department of Human Services or Department of | ||||||
2 | Healthcare and Family Services Office of Inspector General.
| ||||||
3 | (d) The hearing may be held at such convenient place as the | ||||||
4 | court directs,
including at a facility in which the respondent | ||||||
5 | resides.
| ||||||
6 | (e) Unless he is the petitioner, the respondent shall be | ||||||
7 | personally
served with a copy of the petition and a summons not | ||||||
8 | less than 14 days
before the hearing.
The summons shall be | ||||||
9 | printed in large, bold type and shall include the
following | ||||||
10 | notice:
| ||||||
11 | NOTICE OF RIGHTS OF RESPONDENT
| ||||||
12 | You have been named as a respondent in a guardianship | ||||||
13 | petition asking that
you be declared a disabled person. If the | ||||||
14 | court grants the petition, a
guardian will be appointed for | ||||||
15 | you. A copy of the guardianship petition is
attached for your | ||||||
16 | convenience.
| ||||||
17 | The date and time of the hearing are:
| ||||||
18 | The place where the hearing will occur is:
| ||||||
19 | The Judge's name and phone number is:
| ||||||
20 | If a guardian is appointed for you, the guardian may be | ||||||
21 | given the right to
make all
important personal decisions for | ||||||
22 | you, such as where you may live, what medical
treatment you may | ||||||
23 | receive, what places you may visit, and who may visit you. A
| ||||||
24 | guardian may also be given the right to control and manage your | ||||||
25 | money and other
property, including your home, if you own one. | ||||||
26 | You may lose the right to make
these decisions for yourself.
|
| |||||||
| |||||||
1 | You have the following legal rights:
| ||||||
2 | (1) You have the right to be present at the court | ||||||
3 | hearing.
| ||||||
4 | (2) You have the right to be represented by a lawyer, | ||||||
5 | either one that you
retain, or one appointed by the Judge.
| ||||||
6 | (3) You have the right to ask for a jury of six persons | ||||||
7 | to hear your case.
| ||||||
8 | (4) You have the right to present evidence to the court | ||||||
9 | and to confront
and
cross-examine witnesses.
| ||||||
10 | (5) You have the right to ask the Judge to appoint an | ||||||
11 | independent expert
to examine you and give an opinion about | ||||||
12 | your need for a guardian.
| ||||||
13 | (6) You have the right to ask that the court hearing be | ||||||
14 | closed to the
public.
| ||||||
15 | (7) You have the right to tell the court whom you | ||||||
16 | prefer to have for your
guardian.
| ||||||
17 | You do not have to attend the court hearing if you do not | ||||||
18 | want to be there.
If you do not attend, the Judge may appoint a | ||||||
19 | guardian if the Judge finds that
a guardian would be of benefit | ||||||
20 | to you. The hearing will not be postponed or
canceled if you do | ||||||
21 | not attend.
| ||||||
22 | IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO | ||||||
23 | NOT WANT A
GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE | ||||||
24 | PERSON NAMED IN THE GUARDIANSHIP
PETITION TO BE YOUR GUARDIAN. | ||||||
25 | IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY
OTHER | ||||||
26 | PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND |
| |||||||
| |||||||
1 | TELL THE
JUDGE.
| ||||||
2 | Service of summons and the petition may be made by a | ||||||
3 | private person 18
years
of
age or over who is not a party to the | ||||||
4 | action.
| ||||||
5 | (f) Notice of the time and place of the hearing shall be | ||||||
6 | given by the
petitioner by mail or in person to those persons, | ||||||
7 | including the proposed
guardian, whose names and addresses
| ||||||
8 | appear in the petition and who do not waive notice, not less | ||||||
9 | than 14 days
before the hearing.
| ||||||
10 | (Source: P.A. 95-373, eff. 8-23-07.)
| ||||||
11 | (755 ILCS 5/27-1) (from Ch. 110 1/2, par. 27-1)
| ||||||
12 | Sec. 27-1. Fees of representative. A representative is | ||||||
13 | entitled to
reasonable compensation for his services, but no | ||||||
14 | fees, charges or other
compensation may be allowed a public | ||||||
15 | administrator for services
performed in administering that | ||||||
16 | part of the estate of any United States
war veteran which | ||||||
17 | consists of compensation, insurance or other monies
due or | ||||||
18 | payable from the United States because of the veteran's war
| ||||||
19 | service. No fees, charges or other compensation may be allowed | ||||||
20 | an employee of
the Department of Human Services , the Department | ||||||
21 | of Healthcare and Family Services, or the Department of | ||||||
22 | Children and Family
Services designated
under paragraph (b) of | ||||||
23 | Section 11-3 for services as guardian of the estate of
a | ||||||
24 | patient or resident in a State mental
health or developmental | ||||||
25 | disabilities facility or other State
institution.
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Section 9995. No acceleration or delay. Where this Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | makes changes in a statute that is represented in this Act by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | text that is not yet or no longer in effect (for example, a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Section represented by multiple versions), the use of that text | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | does not accelerate or delay the taking effect of (i) the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | changes made by this Act or (ii) provisions derived from any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | other Public Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Section 9999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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