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Full Text of SB3075  100th General Assembly

SB3075eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB3075 EngrossedLRB100 19643 RLC 34916 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by adding Section 41 as follows:
 
6    (20 ILCS 505/41 new)
7    Sec. 41. Department of Children and Family Services to
8submit quarterly reports to the General Assembly.
9    (a) The Department of Children and Family Services shall,
10by January 1, April 1, July 1, and October 1 of each year,
11electronically transmit to the General Assembly, a report that
12shall include the following information reflecting the period
13ending 15 days prior to the submission of the electronic
14report:
15        (1) the number of assaults on or threats against
16    employees in the line of duty by service region;
17        (2) the number of employee injuries resulting from
18    assaults in the line of duty; and
19        (3) descriptions of the nature of each injury, the
20    number of injuries requiring medical treatment, and the
21    number of days off work per injury.
22    (b) The requirements in subsection (a) do not relieve the
23Department from the recordkeeping requirements of the

 

 

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1Occupational Safety and Health Act.
2    (c) The Department shall:
3        (1) establish a reasonable procedure for employees to
4    report work-related assaults and injuries. A procedure is
5    not reasonable if it would deter or discourage a reasonable
6    employee from accurately reporting a workplace assault or
7    injury;
8        (2) inform each employee:
9            (A) of the procedure for reporting work-related
10        assaults and injuries;
11            (B) of the right to report work-related assaults
12        and injuries; and
13            (C) that the Department is prohibited from
14        discharging or in any manner discriminating against
15        employees for reporting work-related assaults and
16        injuries; and
17        (3) not discharge, discipline, or in any manner
18    discriminate against any employee for reporting a
19    work-related assault or injury.
 
20    Section 10. The Mental Health and Developmental
21Disabilities Administrative Act is amended by changing Section
224 as follows:
 
23    (20 ILCS 1705/4)  (from Ch. 91 1/2, par. 100-4)
24    Sec. 4. Supervision of facilities and services; quarterly

 

 

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1reports.
2    (a) To exercise executive and administrative supervision
3over all facilities, divisions, programs and services now
4existing or hereafter acquired or created under the
5jurisdiction of the Department, including, but not limited to,
6the following:
7        The Alton Mental Health Center, at Alton
8        The Clyde L. Choate Mental Health and Developmental
9    Center, at Anna
10        The Chester Mental Health Center, at Chester
11        The Chicago-Read Mental Health Center, at Chicago
12        The Elgin Mental Health Center, at Elgin
13        The Metropolitan Children and Adolescents Center, at
14    Chicago
15        The Jacksonville Developmental Center, at Jacksonville
16        The Governor Samuel H. Shapiro Developmental Center,
17    at Kankakee
18        The Tinley Park Mental Health Center, at Tinley Park
19        The Warren G. Murray Developmental Center, at
20    Centralia
21        The Jack Mabley Developmental Center, at Dixon
22        The Lincoln Developmental Center, at Lincoln
23        The H. Douglas Singer Mental Health and Developmental
24    Center, at Rockford
25        The John J. Madden Mental Health Center, at Chicago
26        The George A. Zeller Mental Health Center, at Peoria

 

 

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1        The Andrew McFarland Mental Health Center, at
2    Springfield
3        The Adolf Meyer Mental Health Center, at Decatur
4        The William W. Fox Developmental Center, at Dwight
5        The Elisabeth Ludeman Developmental Center, at Park
6    Forest
7        The William A. Howe Developmental Center, at Tinley
8    Park
9        The Ann M. Kiley Developmental Center, at Waukegan.
10    (b) Beginning not later than July 1, 1977, the Department
11shall cause each of the facilities under its jurisdiction which
12provide in-patient care to comply with standards, rules and
13regulations of the Department of Public Health prescribed under
14Section 6.05 of the Hospital Licensing Act.
15    (b-5) The Department shall cause each of the facilities
16under its jurisdiction that provide in-patient care to comply
17with Section 6.25 of the Hospital Licensing Act.
18    (c) The Department shall issue quarterly electronic
19reports to the General Assembly on admissions, deflections,
20discharges, bed closures, staff-resident ratios, census,
21average length of stay, and any adverse federal certification
22or accreditation findings, if any, for each State-operated
23facility for the mentally ill and for persons with
24developmental disabilities. The quarterly reports shall be
25issued by January 1, April 1, July 1, and October 1 of each
26year. The quarterly reports shall include the following

 

 

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1information for each facility reflecting the period ending 15
2days prior to the submission of the report:
3        (1) the number of employees;
4        (2) the number of workplace violence incidents that
5    occurred, including the number that were a direct assault
6    on employees by residents and the number that resulted from
7    staff intervention in a resident altercation or other form
8    of injurious behavior;
9        (3) the number of employees impacted in each incident;
10    and
11        (4) the number of employee injuries resulting,
12    descriptions of the nature of the injuries, the number of
13    employee injuries requiring medical treatment at the
14    facility, the number of employee injuries requiring
15    outside medical treatment, and the number of days off work
16    per injury.
17    (d) The requirements in subsection (c) do not relieve the
18Department from the recordkeeping requirements of the
19Occupational Safety and Health Act.
20    (e) The Department shall:
21        (1) establish a reasonable procedure for employees to
22    report work-related assaults and injuries. A procedure is
23    not reasonable if it would deter or discourage a reasonable
24    employee from accurately reporting a workplace assault or
25    injury;
26        (2) inform each employee:

 

 

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1            (A) of the procedure for reporting work-related
2        assaults and injuries;
3            (B) of the right to report work-related assaults
4        and injuries; and
5            (C) that the Department is prohibited from
6        discharging or in any manner discriminating against
7        employees for reporting work-related assaults and
8        injuries; and
9        (3) not discharge, discipline, or in any manner
10    discriminate against any employee for reporting a
11    work-related assault or injury.
12(Source: P.A. 99-143, eff. 7-27-15.)
 
13    Section 15. The Unified Code of Corrections is amended by
14changing Sections 3-2.5-61 and 3-5-3.1 as follows:
 
15    (730 ILCS 5/3-2.5-61)
16    Sec. 3-2.5-61. Annual and other reports.
17    (a) The Director shall make an annual electronic report to
18the Governor and General Assembly concerning persons committed
19to the Department, its institutions, facilities, and programs,
20of all moneys expended and received, and on what accounts
21expended and received no later than January 1 of each year. The
22report shall include the ethnic and racial background data, not
23identifiable to an individual, of all persons committed to the
24Department, its institutions, facilities, programs, and

 

 

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1outcome measures established with the Juvenile Advisory Board.
2    (b) The Department of Juvenile Justice shall, by January 1,
3April 1, July 1, and October 1 of each year, electronically
4transmit to the Governor and General Assembly, a report which
5shall include the following information:
6        (1) the number of youth in each of the Department's
7    facilities and the number of youth on aftercare;
8        (2) the demographics of sex, age, race and ethnicity,
9    classification of offense, and geographic location where
10    the offense occurred;
11        (3) the educational and vocational programs provided
12    at each facility and the number of residents participating
13    in each program;
14        (4) the present capacity levels in each facility; and
15        (5) the ratio of the security staff to residents in
16    each facility by federal Prison Rape Elimination Act (PREA)
17    definitions; .
18        (6) the number of reported assaults on staff at each
19    facility;
20        (7) the number of reported incidents of youth sexual
21    aggression towards staff at each facility including sexual
22    assault, residents exposing themselves, sexual touching,
23    and sexually offensive language; and
24        (8) the number of staff injuries resulting from youth
25    violence at each facility including descriptions of the
26    nature and location of the injuries, the number of staff

 

 

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1    injuries requiring medical treatment at the facility, the
2    number of staff injuries requiring outside medical
3    treatment and the number of days off work per injury. For
4    purposes of this Section, the definition of assault on
5    staff includes, but is not limited to, kicking, punching,
6    knocking down, harming or threatening to harm with
7    improvised weapons, or throwing urine or feces at staff.
8    (c) The requirements in subsection (b) do not relieve the
9Department from the recordkeeping requirements of the
10Occupational Safety and Health Act.
11    (d) The Department shall:
12        (1) establish a reasonable procedure for employees to
13    report work-related assaults and injuries. A procedure is
14    not reasonable if it would deter or discourage a reasonable
15    employee from accurately reporting a workplace assault or
16    injury;
17        (2) inform each employee:
18            (A) of the procedure for reporting work-related
19        assaults and injuries;
20            (B) of the right to report work-related assaults
21        and injuries; and
22            (C) that the Department is prohibited from
23        discharging or in any manner discriminating against
24        employees for reporting work-related assaults and
25        injuries; and
26        (3) not discharge, discipline or in any manner

 

 

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1    discriminate against any employee for reporting a
2    work-related assault or injury.
3(Source: P.A. 99-255, eff. 1-1-16.)
 
4    (730 ILCS 5/3-5-3.1)  (from Ch. 38, par. 1003-5-3.1)
5    Sec. 3-5-3.1. As used in this Section, "facility" includes
6any facility of the Department of Corrections.
7    (a) The Department of Corrections shall, by January 1st,
8April 1st, July 1st, and October 1st of each year,
9electronically transmit to the General Assembly, a report which
10shall include the following information reflecting the period
11ending fifteen days prior to the submission of the report: (1)
12the number of residents in all Department facilities indicating
13the number of residents in each listed facility; (2) a
14classification of each facility's residents by the nature of
15the offense for which each resident was committed to the
16Department; (3) the number of residents in maximum, medium, and
17minimum security facilities indicating the classification of
18each facility's residents by the nature of the offense for
19which each resident was committed to the Department; (4) the
20educational and vocational programs provided at each facility
21and the number of residents participating in each such program;
22(5) the present design and rated capacity levels in each
23facility; (6) the projected design and rated capacity of each
24facility six months and one year following each reporting date;
25(7) the ratio of the security staff guards to residents in each

 

 

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1facility; (8) the ratio of total employees to residents in each
2facility; (9) the number of residents in each facility that are
3single-celled and the number in each facility that are
4double-celled; (10) information indicating the distribution of
5residents in each facility by the allocated floor space per
6resident; (11) a status of all capital projects currently
7funded by the Department, location of each capital project, the
8projected on-line dates for each capital project, including
9phase-in dates and full occupancy dates; (12) the projected
10adult prison facility populations of the Department for each of
11the succeeding twelve months following each reporting date,
12indicating all assumptions built into such population
13estimates; (13) the projected exits and projected admissions in
14each facility for each of the succeeding twelve months
15following each reporting date, indicating all assumptions
16built into such population estimate; and (14) the locations of
17all Department-operated or contractually operated community
18correctional centers, including the present design and rated
19capacity and population levels at each facility; (15) the
20number of reported assaults on employees at each facility; (16)
21the number of reported incidents of resident sexual aggression
22towards employees at each facility including sexual assault,
23residents exposing themselves, sexual touching, and sexually
24offensive language; and (17) the number of employee injuries
25resulting from resident violence at each facility including
26descriptions of the nature of the injuries, the number of

 

 

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1injuries requiring medical treatment at the facility, the
2number of injuries requiring outside medical treatment and the
3number of days off work per injury. For purposes of this
4Section, the definition of assault on staff includes, but is
5not limited to, kicking, punching, knocking down, harming or
6threatening to harm with improvised weapons, or throwing urine
7or feces at staff.
8    (b) The requirements in subsection (a) do not relieve the
9Department from the recordkeeping requirements of the
10Occupational Safety and Health Act.
11    (c) The Department shall:
12        (1) establish a reasonable procedure for employees to
13    report work-related assaults and injuries. A procedure is
14    not reasonable if it would deter or discourage a reasonable
15    employee from accurately reporting a workplace assault or
16    injury;
17        (2) inform each employee:
18            (A) of the procedure for reporting work-related
19        assaults and injuries;
20            (B) of the right to report work-related assaults
21        and injuries; and
22            (C) that the Department is prohibited from
23        discharging or in any manner discriminating against
24        employees for reporting work-related assaults and
25        injuries; and
26        (3) not discharge, discipline, or in any manner

 

 

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1    discriminate against any employee for reporting a
2    work-related assault or injury.
3(Source: P.A. 99-255, eff. 1-1-16.)
 
4    Section 99. Effective date. This Act takes effect January
51, 2019.