Rep. James D. Brosnahan
Filed: 3/1/2006
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4785
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4785, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "(210 ILCS 28/85 rep.)
| ||||||
6 | Section 5. The Abuse Prevention Review Team Act is amended | ||||||
7 | by repealing Section 85. | ||||||
8 | Section 10. The Nursing Home Care Act is amended by | ||||||
9 | changing Sections 2-110, 2-201.5, and 2-216 and by adding | ||||||
10 | Section 2-201.6 as follows:
| ||||||
11 | (210 ILCS 45/2-110) (from Ch. 111 1/2, par. 4152-110)
| ||||||
12 | Sec. 2-110. (a) Any employee or agent of a public agency, | ||||||
13 | any
representative of a community legal services program or any | ||||||
14 | other member
of the general public shall be permitted access at | ||||||
15 | reasonable hours to
any individual resident of any facility, | ||||||
16 | but only if there is neither a
commercial purpose nor
effect to | ||||||
17 | such access and if the purpose is to do any of the following:
| ||||||
18 | (1) Visit, talk with and make personal, social and | ||||||
19 | legal services
available to all residents;
| ||||||
20 | (2) Inform residents of their rights and entitlements | ||||||
21 | and their
corresponding obligations, under federal and | ||||||
22 | State laws, by means of
educational materials and | ||||||
23 | discussions in groups and with individual
residents;
|
| |||||||
| |||||||
1 | (3) Assist residents in asserting their legal rights | ||||||
2 | regarding
claims for public assistance, medical assistance | ||||||
3 | and social security
benefits, as well as in all other | ||||||
4 | matters in which residents are
aggrieved. Assistance may | ||||||
5 | include counseling and litigation; or
| ||||||
6 | (4) Engage in other methods of asserting, advising and | ||||||
7 | representing
residents so as to extend to them full | ||||||
8 | enjoyment of their rights. | ||||||
9 | (a-5) If a resident of a licensed facility is an identified | ||||||
10 | offender, any federal, State, or local law enforcement officer | ||||||
11 | or county probation officer shall be permitted reasonable | ||||||
12 | access to the individual resident to verify compliance with the | ||||||
13 | requirements of the Sex Offender Registration Act , to verify | ||||||
14 | compliance with the requirements of Public Act 94-163 and this | ||||||
15 | amendatory Act of the 94th General Assembly, or to verify | ||||||
16 | compliance with applicable terms of probation, parole, or | ||||||
17 | mandatory supervised release.
| ||||||
18 | (b) All persons entering a facility under this Section | ||||||
19 | shall
promptly notify appropriate facility personnel of their | ||||||
20 | presence. They
shall, upon request, produce identification to | ||||||
21 | establish their identity.
No such person shall enter the | ||||||
22 | immediate living area of any resident
without first identifying | ||||||
23 | himself and then receiving permission from the
resident to | ||||||
24 | enter. The rights of other residents present in the room
shall | ||||||
25 | be respected. A resident may terminate at any time a visit by a
| ||||||
26 | person having access to the resident's living area under this | ||||||
27 | Section.
| ||||||
28 | (c) This Section shall not limit the power of the | ||||||
29 | Department or
other public agency otherwise permitted or | ||||||
30 | required by law to enter and
inspect a facility.
| ||||||
31 | (d) Notwithstanding paragraph (a) of this Section, the | ||||||
32 | administrator
of a facility may refuse access to the facility | ||||||
33 | to any person if the
presence of that person in the facility | ||||||
34 | would be injurious to the health
and safety of a resident or |
| |||||||
| |||||||
1 | would threaten the security of the property
of a resident or | ||||||
2 | the facility, or if the person seeks access to the
facility for | ||||||
3 | commercial purposes. Any person refused access to a
facility | ||||||
4 | may within 10 days request a hearing under Section 3-703. In
| ||||||
5 | that proceeding, the burden of proof as to the right of the | ||||||
6 | facility to
refuse access under this Section shall be on the | ||||||
7 | facility.
| ||||||
8 | (Source: P.A. 94-163, eff. 7-11-05.)
| ||||||
9 | (210 ILCS 45/2-201.5)
| ||||||
10 | Sec. 2-201.5. Screening prior to admission. | ||||||
11 | (a) All persons age 18 or older seeking admission to a | ||||||
12 | nursing
facility must be screened to
determine the need for | ||||||
13 | nursing facility services prior to being admitted,
regardless | ||||||
14 | of income, assets, or funding source. In addition, any person | ||||||
15 | who
seeks to become eligible for medical assistance from the | ||||||
16 | Medical Assistance
Program under the Illinois Public Aid Code | ||||||
17 | to pay for long term care services
while residing in a facility | ||||||
18 | must be screened prior to receiving those
benefits. Screening | ||||||
19 | for nursing facility services shall be administered
through | ||||||
20 | procedures established by administrative rule. Screening may | ||||||
21 | be done
by agencies other than the Department as established by | ||||||
22 | administrative rule.
This Section applies on and after July 1, | ||||||
23 | 1996. | ||||||
24 | (b) In addition to the screening required by subsection | ||||||
25 | (a), a facility, except for those licensed as long term care | ||||||
26 | for under age 22 facilities, shall, within 24 hours after | ||||||
27 | admission, request a criminal history background check | ||||||
28 | pursuant to the Uniform Conviction Information Act for all | ||||||
29 | persons age 18 or older seeking admission to the facility. | ||||||
30 | Background checks conducted pursuant to this Section shall be | ||||||
31 | based on the resident's name, date of birth, and other | ||||||
32 | identifiers as required by the Department of State Police. If | ||||||
33 | the results of the background check are inconclusive, the |
| |||||||
| |||||||
1 | facility shall initiate a fingerprint-based check, unless the | ||||||
2 | fingerprint check is waived by the Director of Public Health | ||||||
3 | based on verification by the facility that the resident is | ||||||
4 | completely immobile or that the resident meets other criteria | ||||||
5 | related to the resident's health or lack of potential risk | ||||||
6 | which may be established by Departmental rule. A waiver issued | ||||||
7 | pursuant to this Section shall be valid only while the resident | ||||||
8 | is immobile or while the criteria supporting the waiver exist. | ||||||
9 | The facility shall provide for or arrange for any required | ||||||
10 | fingerprint-based checks to be taken on the premises of the | ||||||
11 | facility. If a fingerprint-based check is required, the | ||||||
12 | facility shall arrange for it to conducted in a manner that is | ||||||
13 | respectful of the resident's dignity and that minimizes any | ||||||
14 | emotional or physical hardship to the resident. | ||||||
15 | A facility, except for those licensed as long term care for | ||||||
16 | under age 22 facilities, shall, within 60 days after the | ||||||
17 | effective date of this amendatory Act of the 94th General | ||||||
18 | Assembly, request a criminal history background check pursuant | ||||||
19 | to the Uniform Conviction Information Act for all persons who | ||||||
20 | are residents of the facility on the effective date of this | ||||||
21 | amendatory Act of the 94th General Assembly. The facility shall | ||||||
22 | review the results of the criminal history background checks | ||||||
23 | immediately upon receipt thereof. If the results of the | ||||||
24 | background check are inconclusive, the facility shall initiate | ||||||
25 | a fingerprint-based check unless the fingerprint-based check | ||||||
26 | is waived by the Director of Public Health based on | ||||||
27 | verification by the facility that the resident is completely | ||||||
28 | immobile or that the resident meets other criteria related to | ||||||
29 | the resident's health or lack of potential risk which may be | ||||||
30 | established by Departmental rule. A waiver issued pursuant to | ||||||
31 | this Section shall be valid only while the resident is immobile | ||||||
32 | or while the criteria supporting the waiver exist. The facility | ||||||
33 | shall provide for or arrange for any required fingerprint-based | ||||||
34 | checks to be taken on the premises of the facility. If a |
| |||||||
| |||||||
1 | fingerprint-based check is required, the facility shall | ||||||
2 | arrange for it to be conducted in a manner that is respectful | ||||||
3 | of the resident's dignity and that minimizes any emotional or | ||||||
4 | physical hardship to the resident. | ||||||
5 | (c) If the results of a resident's criminal history | ||||||
6 | background check reveal that the resident is an identified | ||||||
7 | offender as defined in Section 1-114.01, the facility shall | ||||||
8 | immediately fax the resident's name and criminal history | ||||||
9 | information to the Illinois Department of Public Health, which | ||||||
10 | shall conduct a Criminal History Analysis pursuant to Section | ||||||
11 | 2-201.6. The Criminal History Analysis shall be conducted | ||||||
12 | independently of the Illinois Department of Public Health's | ||||||
13 | Office of Healthcare Regulation. The Office of Healthcare | ||||||
14 | Regulation shall have no involvement with the process of | ||||||
15 | reviewing or analyzing the criminal history of identified | ||||||
16 | offenders. | ||||||
17 | (d) The Illinois Department of Public Health shall keep a | ||||||
18 | continuing record of all residents determined to be identified | ||||||
19 | offenders under Section 1-114.01 and shall report the number of | ||||||
20 | identified offender residents annually to the General | ||||||
21 | Assembly.
identified offenders who seek admission to a licensed | ||||||
22 | facility shall not be admitted unless the licensed facility | ||||||
23 | complies with the requirements of the Department's | ||||||
24 | administrative rules adopted pursuant to Section 3-202.3.
| ||||||
25 | (Source: P.A. 94-163, eff. 7-11-05.)
| ||||||
26 | (210 ILCS 45/2-201.6 new) | ||||||
27 | Sec. 2-201.6. Criminal History Analysis. | ||||||
28 | (a) The Department shall immediately commence a Criminal | ||||||
29 | History Analysis when it receives information, through the | ||||||
30 | criminal history background check required pursuant to | ||||||
31 | subsection (b) of Section 2-201.5 or through any other means, | ||||||
32 | that a resident of a facility is an identified offender. | ||||||
33 | (b) The Department shall complete the Criminal History |
| |||||||
| |||||||
1 | Analysis as soon as practicable, but not later than 14 days | ||||||
2 | after receiving notice from the facility under subsection (a). | ||||||
3 | (c) The Criminal History Analysis shall include, but not be | ||||||
4 | limited to, all of the following: | ||||||
5 | (1) Consultation with the identified offender's | ||||||
6 | assigned parole agent or probation officer, if applicable. | ||||||
7 | (2) Consultation with the convicting prosecutor's | ||||||
8 | office. | ||||||
9 | (3) A review of the statement of facts, police reports, | ||||||
10 | and victim impact statements, if available. | ||||||
11 | (4) An interview with the identified offender. | ||||||
12 | (5) Consultation with the facility administrator or | ||||||
13 | facility medical director, or both, regarding the physical | ||||||
14 | condition of the identified offender.
| ||||||
15 | (6) Consideration of the entire criminal history of the | ||||||
16 | offender, including the date of the identified offender's | ||||||
17 | last conviction relative to the date of admission to a | ||||||
18 | long-term care facility. | ||||||
19 | (7) If the identified offender is a convicted or | ||||||
20 | registered sex offender, a review of any and all sex | ||||||
21 | offender evaluations conducted on that offender. If there | ||||||
22 | is no sex offender evaluation available, the Department | ||||||
23 | shall provide for a sex offender evaluation to be conducted | ||||||
24 | on the identified offender. If the convicted or registered | ||||||
25 | sex offender is under supervision by the Illinois | ||||||
26 | Department of Corrections or a county probation | ||||||
27 | department, the sex offender evaluation shall be arranged | ||||||
28 | by and at the expense of the supervising agency. All | ||||||
29 | evaluations conducted on convicted or registered sex | ||||||
30 | offenders under this Act shall be conducted by sex offender | ||||||
31 | evaluators approved by the Sex Offender Management Board. | ||||||
32 | (d) The Department shall prepare a Criminal History | ||||||
33 | Analysis Report based on the analysis conducted pursuant to | ||||||
34 | subsection (c). The Report shall include a summary of the Risk |
| |||||||
| |||||||
1 | Analysis and shall detail whether and to what extent the | ||||||
2 | identified offender's criminal history necessitates the | ||||||
3 | implementation of security measures within the long-term care | ||||||
4 | facility. If the identified offender is a convicted or | ||||||
5 | registered sex offender or if the Department's Criminal History | ||||||
6 | Analysis reveals that the identified offender poses a | ||||||
7 | significant risk of harm to others within the facility, the | ||||||
8 | offender shall be required to have his or her own room within | ||||||
9 | the facility. | ||||||
10 | (e) The Criminal History Analysis Report shall promptly be | ||||||
11 | provided to the following: | ||||||
12 | (1) The long-term care facility within which the | ||||||
13 | identified offender resides. | ||||||
14 | (2) The Chief of Police of the municipality in which | ||||||
15 | the facility is located. | ||||||
16 | (3) The State of Illinois Long Term Care Ombudsman. | ||||||
17 | (f) The facility shall incorporate the Criminal History | ||||||
18 | Analysis Report into the identified offender's care plan | ||||||
19 | created pursuant to 42 CFR 483.20. | ||||||
20 | (g) If, based on the Criminal History Analysis Report, a | ||||||
21 | facility determines that it cannot manage the identified | ||||||
22 | offender resident safely within the facility, it shall commence | ||||||
23 | involuntary transfer or discharge proceedings pursuant to | ||||||
24 | Section 3-402. | ||||||
25 | (h) Except for willful and wanton misconduct, any person | ||||||
26 | authorized to participate in the development of a Criminal | ||||||
27 | History Analysis or Criminal History Analysis Report is immune | ||||||
28 | from criminal or civil liability for any acts or omissions as | ||||||
29 | the result of his or her good faith effort to comply with this | ||||||
30 | Section.
| ||||||
31 | (210 ILCS 45/2-216)
| ||||||
32 | Sec. 2-216. Notification of identified offenders. Every | ||||||
33 | licensed facility shall provide to every prospective and |
| |||||||
| |||||||
1 | current resident and resident's guardian, and to every facility | ||||||
2 | employee, a written notice, prescribed by the Illinois | ||||||
3 | Department of Public Health, advising the resident, guardian, | ||||||
4 | or employee of his or her right to ask whether any residents of | ||||||
5 | the facility are identified offenders. The notice shall also be | ||||||
6 | prominently posted within every licensed facility. The notice | ||||||
7 | shall include a statement that information regarding | ||||||
8 | registered sex offenders may be obtained from the Illinois | ||||||
9 | State Police website and that information regarding persons | ||||||
10 | serving terms of parole or mandatory supervised release may be | ||||||
11 | obtained from the Illinois Department of Corrections website.
| ||||||
12 | If identified offenders are residents of the licensed facility, | ||||||
13 | the licensed facility shall notify every resident or resident's | ||||||
14 | guardian in writing that such offenders are residents of the | ||||||
15 | licensed facility. The licensed facility shall also provide | ||||||
16 | notice to its employees and to visitors to the facility that | ||||||
17 | identified offenders are residents.
| ||||||
18 | (Source: P.A. 94-163, eff. 7-11-05.) | ||||||
19 | (210 ILCS 45/3-202.3 rep.) | ||||||
20 | (210 ILCS 45/3-202.4 rep.) | ||||||
21 | Section 11. The Nursing Home Care Act is amended by | ||||||
22 | repealing Sections 3-202.3 and 3-202.4. | ||||||
23 | Section 15. The Probation and Probation Officers Act is | ||||||
24 | amended by changing Section 12 as follows:
| ||||||
25 | (730 ILCS 110/12) (from Ch. 38, par. 204-4)
| ||||||
26 | Sec. 12. The duties of probation officers shall be:
| ||||||
27 | (1) To investigate as required by Section 5-3-1 of the | ||||||
28 | "Unified Code
of Corrections", approved July 26, 1972, as | ||||||
29 | amended, the case of
any person to be placed on probation. Full | ||||||
30 | opportunity shall be afforded
a probation officer to confer | ||||||
31 | with the person under investigation when
such person is in |
| |||||||
| |||||||
1 | custody.
| ||||||
2 | (2) To notify the court of any previous conviction for | ||||||
3 | crime or
previous probation of any defendant invoking the | ||||||
4 | provisions of this Act.
| ||||||
5 | (3) All reports and notifications required in this Act to | ||||||
6 | be made by
probation officers shall be in writing and shall be | ||||||
7 | filed by the clerk
in the respective cases.
| ||||||
8 | (4) To preserve complete and accurate records of cases | ||||||
9 | investigated,
including a description of the person | ||||||
10 | investigated, the action of the
court with respect to his case | ||||||
11 | and his probation, the subsequent history
of such person, if he | ||||||
12 | becomes a probationer, during the continuance of
his probation, | ||||||
13 | which records shall be open to inspection by any judge or
by | ||||||
14 | any probation officer pursuant to order of court, but shall not | ||||||
15 | be a
public record, and its contents shall not be divulged | ||||||
16 | otherwise than as
above provided, except upon order of court.
| ||||||
17 | (5) To take charge of and watch over all persons placed on | ||||||
18 | probation
under such regulations and for such terms as may be | ||||||
19 | prescribed by the
court, and giving to each probationer full | ||||||
20 | instructions as to the terms
of his release upon probation and | ||||||
21 | requiring from him such periodical
reports as shall keep the | ||||||
22 | officer informed as to his conduct.
| ||||||
23 | (6) To develop and operate programs of reasonable public or | ||||||
24 | community
service
for any persons ordered by the court to | ||||||
25 | perform public or community
service, providing, however,
that | ||||||
26 | no probation officer or any employee of a probation office | ||||||
27 | acting in
the course of his official duties shall be liable for | ||||||
28 | any tortious acts
of any person performing public or community | ||||||
29 | service except for wilful
misconduct or gross negligence on the
| ||||||
30 | part of the probation officer or employee.
| ||||||
31 | (7) When any person on probation removes from the county | ||||||
32 | where his
offense was committed, it shall be the duty of the | ||||||
33 | officer under whose
care he was placed to report the facts to | ||||||
34 | the probation officer in the
county to which the probationer |
| |||||||
| |||||||
1 | has removed; and it shall thereupon
become the duty of such | ||||||
2 | probation officer to take charge of and watch
over said | ||||||
3 | probationer the same as if the case originated in that county;
| ||||||
4 | and for that purpose he shall have the same power and authority | ||||||
5 | over
said probationer as if he had been originally placed in | ||||||
6 | said officer's
charge; and such officer shall be required to | ||||||
7 | report in writing every 6
months, or more frequently upon | ||||||
8 | request the results of his supervision
to the probation officer | ||||||
9 | in whose
charge the said probationer was originally placed by | ||||||
10 | the court.
| ||||||
11 | (8) To authorize travel permits to individuals under their | ||||||
12 | supervision
unless otherwise ordered by the court.
| ||||||
13 | (9) To perform such other duties as are provided for in | ||||||
14 | this act or
by rules of court and such incidental duties as may | ||||||
15 | be implied from
those expressly required.
| ||||||
16 | (10) To send written notification to a public housing | ||||||
17 | agency if a person
on probation for a felony who is under the | ||||||
18 | supervision of the probation officer
informs the probation | ||||||
19 | officer that he or she has resided, resides, or will
reside at | ||||||
20 | an address that is a housing facility owned, managed, operated, | ||||||
21 | or
leased by that public housing agency.
| ||||||
22 | (11) If a person on probation for a felony offense who is | ||||||
23 | under the supervision of the probation officer becomes a | ||||||
24 | resident of a facility licensed or regulated by the Department | ||||||
25 | of Public Health, the Illinois Department of Public Aid, or | ||||||
26 | Illinois Department of Human Services, the probation officer | ||||||
27 | shall within 3 days of the person becoming a resident, notify | ||||||
28 | the licensing or regulating Department and licensed or | ||||||
29 | regulated facility and shall provide the licensed or regulated | ||||||
30 | facility and licensing or regulating Department with copies of | ||||||
31 | the following: | ||||||
32 | (a) (blank)
pre-sentence investigation reports or | ||||||
33 | social investigation reports ; | ||||||
34 | (b) any applicable probation orders and corresponding |
| |||||||
| |||||||
1 | compliance plans; | ||||||
2 | (c) the name and contact information for the assigned | ||||||
3 | probation officer.
| ||||||
4 | (Source: P.A. 94-163, eff. 7-11-05.)
| ||||||
5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
|