Sen. Don Harmon
Filed: 4/29/2010
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 5132




2
    AMENDMENT NO. ______. Amend House Bill 5132, AS AMENDED, 
3
with reference to page and line numbers of Senate Amendment No. 
4
1 as follows:


 
5
on page 2, by replacing lines 3 through 5 with the following:
6
"facilities, and  community agencies operated, licensed, funded 
7
or certified by the Department of Human Services, but not 
8
licensed or certified by any other State agency. It is also 
9
the"; and
 
10
on page 2, by inserting immediately below line 12 the 
11
following:
12
    ""Adult student with a disability" means an adult student, 
13
age 18 through 21, inclusive, with an Individual Education 
14
Program, other than a resident of a facility licensed by the 
15
Department of Children and Family Services in accordance with 
16
the Child Care Act of 1969.  For purposes of this definition, 
 


 






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"through age 21, inclusive", means through the day before the 
2
student's 22nd birthday."; and
 
3
on page 2, by replacing lines 14 through 15 with the following:
4
"licensed, funded, or certified by the Department, but  not 
5
licensed or certified by any other human services agency of 
6
the"; and
 
7
on page 2, by replacing line 18 with the following:
8
"certified by the Department, but  not licensed or certified"; 
9
and
 
10
on page 4, by replacing lines 7 through 8 with the following:
11
"operated by the Department."; and
 
12
on page 7, by replacing lines 15 through 16 with the following:
13
"exploitation."; and
 
14
on page 8, by replacing lines 6 through 9 with the following:
15
    "(f) Limitations. The Inspector General shall not conduct 
16
an investigation within an agency or facility if that 
17
investigation would be redundant to or interfere with an 
18
investigation conducted by another State agency.  The 
19
Inspector"; and
 
20
on page 8, by replacing lines 21 through 26 with the following:
 


 






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"and completing investigations based upon the nature of the 
2
allegation or allegations. The rules shall clearly establish 
3
that if 2 or more State agencies could investigate an 
4
allegation, the Inspector General shall not conduct an 
5
investigation that would be redundant to, or interfere with, an 
6
investigation conducted by another State agency. The rules"; 
7
and
 
8
on page 12, by replacing lines 19 through 26 with the 
9
following:
10
    "(l) Reporting to law enforcement.   
11
        (1) Reporting criminal acts. Within 24 hours after 
12
    determining that there is credible evidence indicating 
13
    that a criminal act may have been committed or that special 
14
    expertise may be required in an investigation, the 
15
    Inspector General shall notify the Department of State 
16
    Police or other appropriate law enforcement authority, or 
17
    ensure that such notification is made.  The Department of 
18
    State Police shall investigate any report from a 
19
    State-operated facility indicating a possible murder, 
20
    sexual assault, or other felony by an employee.  All 
21
    investigations conducted by the Inspector General shall be 
22
    conducted in a manner designed to ensure the preservation 
23
    of evidence for possible use in a criminal prosecution.
24
        (2) Reporting allegations of adult students with 
25
    disabilities.  Upon receipt of a reportable allegation 
 


 






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    regarding an adult student with a disability, the 
2
    Department's Office of the Inspector General shall 
3
    determine whether the allegation meets the criteria for the 
4
    Domestic Abuse Program under the Abuse of Adults with 
5
    Disabilities Intervention Act.  If the allegation is 
6
    reportable to that program, the Office of the Inspector 
7
    General shall initiate an investigation.  If the allegation 
8
    is not reportable to the Domestic Abuse Program, the Office 
9
    of the Inspector General shall make an expeditious referral 
10
    to the respective law enforcement entity.  If the alleged 
11
    victim is already receiving services from the Department, 
12
    the Office of the Inspector General shall also make a 
13
    referral to the respective Department of Human Services' 
14
    Division or Bureau."; and 
 
15
on page 13, by deleting lines 1 through 5; and
 
16
on page 15, by replacing lines 7 through 12 with the following:
17
"investigation to the following persons:  (i) the Governor, (ii) 
18
the Secretary, (iii) the director of the facility or agency, 
19
(iv) the alleged victims and their guardians, (v) the 
20
complainant, and (vi) the accused."; and
 
21
on page 16, line 3, by deleting "and the licensing entity of 
22
the facility, if any,"; and
 
 


 






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on page 17, by replacing lines 1 through 6 with the following:
2
        "(4) Termination of any one or more of the following: 
3
    (i) Department licensing, (ii) funding, or (iii) 
4
    certification."; and
 
5
on page 24, by deleting lines 2 through 26; and  
 
6
by deleting pages 25 through 29; and
 
7
on page 30, by deleting lines 1 through 22; and    
 
8
on page 31, by replacing lines 12 through 14 with the 
9
following:
10
"facilities, and  community agencies operated, licensed, funded 
11
or certified by the Department of Human Services, but not 
12
licensed or certified by any other State agency. It is also 
13
the"; and
 
14
on page 31, by inserting immediately below line 21 the 
15
following:
16
    ""Adult student with a disability" means an adult student, 
17
age 18 through 21, inclusive, with an Individual Education 
18
Program, other than a resident of a facility licensed by the 
19
Department of Children and Family Services in accordance with 
20
the Child Care Act of 1969.  For purposes of this definition, 
21
"through age 21, inclusive", means through the day before the 
 


 






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1
student's 22nd birthday."; and
 
2
on page 31, by replacing lines 23 through 24 with the 
3
following:
4
"licensed, funded, or certified by the Department, but  not 
5
licensed or certified by any other human services agency of 
6
the"; and
 
7
on page 32, by replacing line 1 with the following:
8
"certified by the Department, but  not licensed or certified"; 
9
and
 
10
on page 33, by replacing lines 16 through 17 with the 
11
following:
12
"operated by the Department."; and
 
13
on page 36, by replacing lines 24 through 25 with the 
14
following:
15
"exploitation."; and
 
16
on page 37, by replacing lines 15 through 18 with the 
17
following:
18
    "(f) Limitations. The Inspector General shall not conduct 
19
an investigation within an agency or facility if that 
20
investigation would be redundant to or interfere with an 
21
investigation conducted by another State agency.  The 
 


 






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1
Inspector"; and
 
2
on page 38, by replacing lines 4 through 9 with the following:
3
"and completing investigations based upon the nature of the 
4
allegation or allegations. The rules shall clearly establish 
5
that if 2 or more State agencies could investigate an 
6
allegation, the Inspector General shall not conduct an 
7
investigation that would be redundant to, or interfere with, an 
8
investigation conducted by another State agency. The rules"; 
9
and
 
10
on page 42, by replacing lines 2 through 14 with the following:
11
    "(l) Reporting to law enforcement.    
12
        (1) Reporting criminal acts. Within 24 hours after 
13
    determining that there is credible evidence indicating 
14
    that a criminal act may have been committed or that special 
15
    expertise may be required in an investigation, the 
16
    Inspector General shall notify the Department of State 
17
    Police or other appropriate law enforcement authority, or 
18
    ensure that such notification is made.  The Department of 
19
    State Police shall investigate any report from a 
20
    State-operated facility indicating a possible murder, 
21
    sexual assault, or other felony by an employee.  All 
22
    investigations conducted by the Inspector General shall be 
23
    conducted in a manner designed to ensure the preservation 
24
    of evidence for possible use in a criminal prosecution.
 


 






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1
        (2) Reporting allegations of adult students with 
2
    disabilities.  Upon receipt of a reportable allegation 
3
    regarding an adult student with a disability, the 
4
    Department's Office of the Inspector General shall 
5
    determine whether the allegation meets the criteria for the 
6
    Domestic Abuse Program under the Abuse of Adults with 
7
    Disabilities Intervention Act.  If the allegation is 
8
    reportable to that program, the Office of the Inspector 
9
    General shall initiate an investigation.  If the allegation 
10
    is not reportable to the Domestic Abuse Program, the Office 
11
    of the Inspector General shall make an expeditious referral 
12
    to the respective law enforcement entity.  If the alleged 
13
    victim is already receiving services from the Department, 
14
    the Office of the Inspector General shall also make a 
15
    referral to the respective Department of Human Services' 
16
    Division or Bureau."; and 
 
17
on page 44, by replacing lines 16 through 21 with the 
18
following:
19
"investigation to the following persons:  (i) the Governor, (ii) 
20
the Secretary, (iii) the director of the facility or agency, 
21
(iv) the alleged victims and their guardians, (v) the 
22
complainant, and (vi) the accused."; and
 
23
on page 45, line 12, by deleting "and the licensing entity of 
24
the facility, if any,"; and 
 
 


 






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1
on page 46, by replacing lines 10 through 15 with the 
2
following:
3
        "(4) Termination of any one or more of the following: 
4
    (i) Department licensing, (ii) funding, or (iii) 
5
    certification."; and
 
6
on page 53, by deleting lines 12 through 26; and
 
7
by deleting pages 54 through 59; and
 
8
on page 60, by deleting lines 1 through 6 and lines 9 through 
9
24; and
 
10
by deleting page 61; and
 
11
on page 62, by deleting lines 1 through 24; and
 
12
on page 62, line 25, by replacing "Section 15." with "Section 
13
10."; and 
 
14
on page 76, line 16, by replacing "a ward of the Department," 
15
with "residing in a DCFS licensed facility,".