97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6203

 

Introduced , by Rep. Paul Evans

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Abuse of Adults with Disabilities Intervention Act. Requires the Office of Inspector General designated by the Department of Human Services to refer evidence of crimes against an adult with disabilities to the appropriate law enforcement agency immediately upon finding evidence of a crime (rather than according to Office of Inspector General policies). Provides that upon the death of an adult with disabilities where a complaint or report of alleged abuse, neglect, or exploitation was made prior to the person's death, regardless of whether the complaint or report was substantiated or unsubstantiated and regardless of whether consent was given for an assessment, the Office of Inspector General shall immediately report the matter to the appropriate law enforcement agency and coroner or medical examiner. Provides that if a report of alleged or suspected abuse, neglect, or exploitation of an adult with disabilities is made and it reasonably appears to the investigator that the adult with disabilities lacks the capacity to consent to necessary services, including an assessment, the Department shall seek the appointment of a guardian for the purpose of consenting to such services, together with an order for an evaluation of the eligible adult's physical, psychological, and medical condition and decisional capacity. Contains provisions concerning oral and written reports; training and education opportunities for investigators; service plans; reporting requirements regarding the death of an adult with disabilities; and the prohibition against employer retaliation for certain disclosures. Defines terms. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 Abuse of Adults with Disabilities
5Intervention Act is amended by changing Sections 15, 25, 30,
635, 40, and 45 and by adding Section 63 as follows:
 
7    (20 ILCS 2435/15)  (from Ch. 23, par. 3395-15)
8    Sec. 15. Definitions. As used in this Act:
9    "Abuse" means causing any physical, sexual, or mental abuse
10to an adult with disabilities, including exploitation of the
11adult's financial resources. Nothing in this Act shall be
12construed to mean that an adult with disabilities is a victim
13of abuse or neglect for the sole reason that he or she is being
14furnished with or relies upon treatment by spiritual means
15through prayer alone, in accordance with the tenets and
16practices of a recognized church or religious denomination.
17Nothing in this Act shall be construed to mean that an adult
18with disabilities is a victim of abuse because of health care
19services provided or not provided by licensed health care
20professionals.
21    "Adult with disabilities" means a person aged 18 through 59
22who resides in a domestic living situation and whose physical
23or mental disability impairs his or her ability to seek or

 

 

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1obtain protection from abuse, neglect, or exploitation.
2    "Consent" means the ability to understand and appreciate
3the nature and consequences of making decisions concerning
4one's welfare in the absence of undue influence, imitation, or
5coercion, including, but not limited to, the nature and
6consequences of making provisions for health or mental health
7care, food, shelter, clothing, safety, or financial affairs.
8The ability to give consent may be reasonably determined by an
9investigator based on an assessment or investigative findings,
10observation, or a medical or mental health evaluation performed
11by a physician or psychologist at the request of the
12investigator.
13    "Department" means the Department of Human Services.
14    "Adults with Disabilities Abuse Project" or "project"
15means that program within the Office of Inspector General
16designated by the Department of Human Services to receive and
17assess reports of alleged or suspected abuse, neglect, or
18exploitation of adults with disabilities.
19    "Domestic living situation" means a residence where the
20adult with disabilities lives alone or with his or her family
21or household members, a care giver, or others or at a board and
22care home or other community-based unlicensed facility, but is
23not:
24        (1) A licensed facility as defined in Section 1-113 of
25    the Nursing Home Care Act or Section 1-113 of the ID/DD
26    Community Care Act or Section 1-113 of the Specialized

 

 

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1    Mental Health Rehabilitation Act.
2        (2) A life care facility as defined in the Life Care
3    Facilities Act.
4        (3) A home, institution, or other place operated by the
5    federal government, a federal agency, or the State.
6        (4) A hospital, sanitarium, or other institution, the
7    principal activity or business of which is the diagnosis,
8    care, and treatment of human illness through the
9    maintenance and operation of organized facilities and that
10    is required to be licensed under the Hospital Licensing
11    Act.
12        (5) A community living facility as defined in the
13    Community Living Facilities Licensing Act.
14        (6) A community-integrated living arrangement as
15    defined in the Community-Integrated Living Arrangements
16    Licensure and Certification Act or community residential
17    alternative as licensed under that Act.
18    "Emergency" means a situation in which an adult with
19disabilities is in danger of death or great bodily harm.
20    "Family or household members" means a person who as a
21family member, volunteer, or paid care provider has assumed
22responsibility for all or a portion of the care of an adult
23with disabilities who needs assistance with activities of daily
24living.
25    "Financial exploitation" means the illegal, including
26tortious, use of the assets or resources of an adult with

 

 

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1disabilities. Exploitation includes, but is not limited to, the
2misappropriation of assets or resources of an adult with
3disabilities by undue influence, by breach of a fiduciary
4relationship, by fraud, deception, or extortion, or by the use
5of the assets or resources in a manner contrary to law.
6    "Mental abuse" means the infliction of emotional or mental
7distress by a caregiver, a family member, or any person with
8ongoing access to a person with disabilities by threat of harm,
9humiliation, or other verbal or nonverbal conduct.
10    "Neglect" means the failure of another individual to
11provide an adult with disabilities with or the willful
12withholding from an adult with disabilities the necessities of
13life, including, but not limited to, food, clothing, shelter,
14or medical care.
15Nothing in the definition of "neglect" shall be construed to
16impose a requirement that assistance be provided to an adult
17with disabilities over his or her objection in the absence of a
18court order, nor to create any new affirmative duty to provide
19support, assistance, or intervention to an adult with
20disabilities. Nothing in this Act shall be construed to mean
21that an adult with disabilities is a victim of neglect because
22of health care services provided or not provided by licensed
23health care professionals.
24    "Physical abuse" means any of the following acts:
25        (1) knowing or reckless use of physical force,
26    confinement, or restraint;

 

 

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1        (2) knowing, repeated, and unnecessary sleep
2    deprivation;
3        (3) knowing or reckless conduct which creates an
4    immediate risk of physical harm; or
5        (4) when committed by a caregiver, a family member, or
6    any person with ongoing access to a person with
7    disabilities, directing another person to physically abuse
8    a person with disabilities.
9    "Secretary" means the Secretary of Human Services.
10    "Service plan" means a temporary plan of the actions
11developed to address the service or support needs of an adult
12with disabilities.
13    "Sexual abuse" means touching, fondling, sexual threats,
14sexually inappropriate remarks, or any other sexual activity
15with an adult with disabilities when the adult with
16disabilities is unable to understand, unwilling to consent,
17threatened, or physically forced to engage in sexual behavior.
18Sexual abuse includes acts of sexual exploitation including,
19but not limited to, facilitating or compelling an adult with
20disabilities to become a prostitute, or receiving anything of
21value from an adult with disabilities knowing it was obtained
22in whole or in part from the practice of prostitution.
23    "Substantiated case" means a reported case of alleged or
24suspected abuse, neglect, or exploitation in which the Adults
25with Disabilities Abuse Project staff, after assessment,
26determines that there is reason to believe abuse, neglect, or

 

 

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1exploitation has occurred.
2(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
3eff. 1-1-12; 97-354, eff. 8-12-11; revised 9-7-11.)
 
4    (20 ILCS 2435/25)  (from Ch. 23, par. 3395-25)
5    Sec. 25. Reports of abuse, neglect, or exploitation of an
6adult with disabilities.
7    (a) Any person who has reasonable cause to believe abuse,
8neglect, or exploitation of an adult with disabilities has
9occurred may report this to the statewide telephone number
10established under this Act.
11    (b) Any person, institution, or agency making a report or
12assessment under this Section in good faith, or providing
13information, participating in an assessment, or taking
14photographs or x-rays, shall be immune from any civil or
15criminal liability on account of making the report or
16assessment, providing information, or participating in an
17assessment, or on account of submitting or otherwise disclosing
18the photographs or x-rays to the Adults with Disabilities Abuse
19Project.
20    (c) The identity of a person making a report of alleged or
21suspected abuse, neglect, or exploitation under this Section
22may be disclosed by the Office of Inspector General only with
23the person's written consent or by court order.
24    (d) The privileged quality of communication between any
25licensed health care professional or any other person who

 

 

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1reports abuse, neglect, or exploitation and his or her patient
2or client shall not apply to situations involving abused,
3neglected, or exploited adults with disabilities. Use of a
4telecommunication device for the deaf constitutes an oral
5report. Written reports may be taken, but cannot be required.
6    (e) All reports shall, if possible, include the name and
7address of the adult with disabilities, the name and address of
8the alleged abuser, if applicable, the nature and extent of the
9suspected abuse, neglect, or exploitation, the possible extent
10of the injury or condition as a result of the abuse, neglect,
11or exploitation, any evidence of previous abuse, neglect, or
12exploitation, the time, date and location of the incident, the
13name, address of the reporter, and any other information that
14the reporter believes may be useful in assessing the suspected
15abuse, neglect, or exploitation.
16    (f) The Office of Inspector General shall refer evidence of
17crimes against an adult with disabilities to the appropriate
18law enforcement agency immediately upon finding evidence of a
19crime according to Office of Inspector General policies. A
20referral to law enforcement may be made at any time. Upon the
21death of an adult with disabilities where a complaint or report
22of alleged abuse, neglect, or exploitation was made prior to
23the person's death pursuant to this Act, regardless of whether
24the complaint or report was substantiated or unsubstantiated
25and regardless of whether consent was given for an assessment,
26the Office of Inspector General shall immediately report the

 

 

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1matter orally to both the appropriate (i) law enforcement
2agency and (ii) coroner or medical examiner.
3    Oral reports made pursuant to this subsection shall be
4confirmed in writing. Such written reports shall, at a minimum,
5contain information regarding (1) the prior complaint or report
6of alleged abuse, neglect, or exploitation of the deceased
7adult with disabilities, the deceased adult with disabilities,
8and the reporter, upon the reporter's consent pursuant to this
9Act; (2) actions taken or not taken by the Office of Inspector
10General or the Department upon receiving the complaint or
11report of alleged abuse, neglect, or exploitation; (3) the
12personnel from the Department and the Office of Inspector
13General who were involved in investigating the compliant or
14report of alleged abuse, neglect, or exploitation; and (4) as
15available and applicable, the case numbers for the Department,
16the Office of Inspector General, law enforcement, and the
17coroner or medical examiner. The Office of Inspector General
18shall also maintain a copy of the written report and shall
19document subsequent action, if any, by the appropriate law
20enforcement agency.
21    Upon the completion of the coroner's report and the law
22enforcement agency's investigation, the Office of Inspector
23General shall forward its written report, the coroner's report,
24and the law enforcement agency's final investigative report to
25the Attorney General.
26    When the Office of Inspector General has reason to believe

 

 

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1that the death of an adult with disabilities may be the result
2of abuse, neglect, or exploitation, the Office of Inspector
3General shall immediately report the matter to the coroner or
4medical examiner and shall cooperate fully with any subsequent
5investigation.
6    (g) Nothing in this Act shall preclude a person from
7reporting an alleged act of abuse, neglect, or exploitation of
8an adult with disabilities to a law enforcement agency.
9    (h) Nothing in this Act shall diminish the duty of law
10enforcement officers to respond to and investigate incidents of
11alleged abuse, neglect, and exploitation pursuant to the
12Illinois Domestic Violence Act of 1986, when applicable.
13(Source: P.A. 91-671, eff. 7-1-00.)
 
14    (20 ILCS 2435/30)  (from Ch. 23, par. 3395-30)
15    Sec. 30. Statewide telephone number.
16    (a) There shall be a single, statewide, TTY accessible,
1724-hour toll free telephone number established and maintained
18by the Office of Inspector General that all persons may use to
19report alleged or suspected abuse, neglect, or exploitation of
20an adult with disabilities.
21    (b) The Office of Inspector General shall make every effort
22to publicize the statewide, TTY accessible, 24-hour toll free
23telephone number and to encourage public understanding of and
24cooperation in reporting and eliminating abuse, neglect, and
25exploitation of adults with disabilities.

 

 

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1    (c) The Department shall establish minimum standards of
2training and provide educational opportunities to qualify
3investigators in the field of adults with disabilities abuse to
4determine whether reports of alleged abuse, neglect, or
5exploitation of disabled adult persons are substantiated. The
6training must be conducted at least annually and shall include,
7but need not be limited to, the following areas:
8        (1) The dynamics of adults with disabilities abuse,
9    neglect, or exploitation.
10        (2) The effects of adults with disabilities abuse,
11    neglect, or exploitation on adult and child victims.
12        (3) Information collection and preservation.
13        (4) Analysis of facts.
14        (5) Levels of evidence.
15        (6) Conclusions based on evidence.
16        (7) Interviewing skills, including specialized
17    training to interview people with unique needs or
18    disabilities.
19        (8) Report writing.
20        (9) Coordination and referral to other necessary
21    agencies such as law enforcement and judicial agencies.
22        (10) Human relations and cultural diversity.
23        (11) The dynamics of adults with disabilities abuse,
24    neglect, or exploitation within family networks and the
25    appropriate methods for interviewing relatives in the
26    course of the assessment or investigation.

 

 

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1        (12) Protective services that are available to protect
2    alleged victims from further abuse, neglect, or
3    exploitation.
4        (13) Laws and procedures concerning adults with
5    disabilities abuse, neglect, or exploitation.
6    The training shall be developed in consultation with legal,
7law enforcement, and mental health professionals with an
8expertise in (i) adults with disabilities abuse, neglect, or
9exploitation, or (ii) domestic abuse of disabled adults. The
10Office of Inspector General shall conduct training at least
11annually for persons taking reports on the statewide telephone
12number and persons conducting assessments or making referrals
13for service plans.
14(Source: P.A. 91-671, eff. 7-1-00.)
 
15    (20 ILCS 2435/35)  (from Ch. 23, par. 3395-35)
16    Sec. 35. Assessment of reports.
17    (a) The Adults with Disabilities Abuse Project shall, upon
18receiving a report of alleged or suspected abuse, neglect, or
19exploitation obtain the consent of the subject of the report to
20conduct an assessment with respect to the report. The
21assessment shall include, but not be limited to, a face-to-face
22interview with the adult with disabilities who is the subject
23of the report and shall may include a visit to the residence of
24the adult with disabilities, and interviews or consultations
25with service agencies or individuals who may have knowledge of

 

 

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1the circumstances of the adult with disabilities. A
2determination shall be made whether each report is
3substantiated. The Office of Inspector General must notify the
4proper law enforcement agency to investigate if a crime has
5been committed. If the Office of Inspector General determines
6that there is clear and substantial risk of death or great
7bodily harm, it shall immediately secure or provide emergency
8protective services for purposes of preventing further abuse,
9neglect, or exploitation, and for safeguarding the welfare of
10the person. Such services must be provided in the least
11restrictive environment commensurate with the adult with
12disabilities' needs.
13    (a-5) The Adults with Disabilities Abuse Project shall
14initiate an assessment of all reports of alleged or suspected
15abuse or neglect within 7 days after receipt of the report,
16except reports of abuse or neglect that indicate that the life
17or safety of an adult with disabilities is in imminent danger
18shall be assessed within 24 hours after receipt of the report.
19Reports of exploitation shall be assessed within 30 days after
20the receipt of the report.
21    (b) (Blank).
22    (c) The Department shall effect written interagency
23agreements with other State departments and any other public
24and private agencies to coordinate and cooperate in the
25handling of substantiated cases; to accept and manage
26substantiated cases on a priority basis; and to waive

 

 

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1eligibility requirements for the adult with disabilities in an
2emergency.
3    (d) Every effort shall be made by the Adults with
4Disabilities Abuse Project to coordinate and cooperate with
5public and private agencies to ensure the provision of services
6necessary to eliminate further abuse, neglect, and
7exploitation of the adult with disabilities who is the subject
8of the report.
9    The Office of Inspector General shall promulgate rules and
10regulations to ensure the effective implementation of the
11Adults with Disabilities Abuse Project statewide.
12    (e) When the Adults with Disabilities Abuse Project
13determines that a case is substantiated, it shall refer the
14case to the appropriate office within the Department of Human
15Services to develop, with the consent of and in consultation
16with the adult with disabilities, a service plan for the adult
17with disabilities.
18    (f) The Adults with Disabilities Abuse Project shall refer
19reports of alleged or suspected abuse, neglect, or exploitation
20to another State agency when that agency has a statutory
21obligation to investigate such reports.
22    (g) If the Adults with Disabilities Abuse Project has
23reason to believe that a crime has been committed, the incident
24shall be reported to the appropriate law enforcement agency.
25(Source: P.A. 91-671, eff. 7-1-00.)
 

 

 

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1    (20 ILCS 2435/40)  (from Ch. 23, par. 3395-40)
2    Sec. 40. Service plan periods. A service plan shall be
3developed for each adult with disabilities who is in need of
4services and who accepts the services. When implemented, the
5service plan shall be in place until the situation causing the
6abuse, neglect, or exploitation of the adult with disabilities
7is ameliorated. The Department shall by rule establish the
8period of time within which a service plan shall be implemented
9and the duration of the plan. The rules shall provide for an
10expedited response to emergency situations.
11    The Department shall implement a service plan for
12substantiated cases within 14 calendar days after the report is
13substantiated. In emergency situations, the Department shall
14implement the service plan as soon as possible and in no event
15later than 2 working days after the case is substantiated. All
16appropriate emergency services shall remain in place until this
17service plan is implemented.
18    This Section shall not be interpreted to preclude an
19investigation into the death of a disabled adult who is the
20subject of a pending complaint or report of alleged abuse,
21neglect, or exploitation.
22(Source: P.A. 91-671, eff. 7-1-00.)
 
23    (20 ILCS 2435/45)  (from Ch. 23, par. 3395-45)
24    Sec. 45. Consent.
25    (a) If the Adults with Disabilities Abuse Project has

 

 

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1received a report of alleged or suspected abuse, neglect, or
2exploitation with regard to an adult with disabilities who
3lacks the capacity to consent to an assessment or to services,
4the Adults with Disabilities Abuse Project may seek, directly
5or through another agency, the appointment of a temporary or
6permanent guardian for assessment, provision of services, or
7any other decision-making authority as is appropriate for the
8individual as provided in Article XIa of the Probate Act of
91975 or other relief as provided under the Illinois Domestic
10Violence Act of 1986.
11    (a-5) If the adult with disabilities consents to the
12assessment, such assessment shall be conducted. If the adult
13with disabilities consents to the services included in the
14service plan, such services shall be provided. If the adult
15with disabilities refuses or withdraws his or her consent to
16the completion of the assessment, the assessment shall be
17terminated. If the adult with disabilities refuses or withdraws
18his or her consent to the provision of services, the services
19shall not be provided. When a complaint or report of alleged
20abuse, neglect, or exploitation is made, but consent is not
21given or is withdrawn, and the adult with disabilities
22subsequently dies, the Office of Inspector General shall report
23the matter to the proper authorities pursuant to Section 25 of
24this Act.
25    (a-6) If a report of alleged or suspected abuse, neglect,
26or exploitation of an adult with disabilities is made and it

 

 

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1reasonably appears to the investigator that the adult with
2disabilities lacks the capacity to consent to necessary
3services, including an assessment, the Department shall seek,
4directly or through another agency, the appointment of a
5guardian as provided in Article XIa of the Probate Act of 1975
6for the purpose of consenting to such services, together with
7an order for an evaluation of the eligible adult's physical,
8psychological, and medical condition and decisional capacity.
9    (a-7) If a report of alleged or suspected abuse, neglect,
10or exploitation of an adult with disabilities is made and the
11investigator reasonably concludes that the adult with
12disabilities has the capacity to consent and does not consent,
13an assessment or services shall not be conducted. If a
14subsequent report is made, the Department shall seek the
15appointment of a guardian for the purpose of consenting to such
16services, together with an order for an evaluation of the
17eligible adult's physical, psychological, and medical
18condition and decisional capacity, and an assessment shall be
19conducted.
20    (a-8) If a report of alleged or suspected abuse, neglect,
21or exploitation of an adult with disabilities is made and the
22guardian of the adult with disabilities refuses consent to an
23assessment, or subsequently withdraws consent, the Adults with
24Disabilities Abuse Project shall seek directly or through
25another agency a court order seeking appropriate remedies, and
26may in addition request removal of the guardian and the

 

 

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1appointment of a successor guardian pursuant to Article XIa of
2the Probate Act of 1975.
3    (b) A guardian of the person of an adult with disabilities
4who is abused, neglected, or exploited by another individual in
5a domestic living situation may consent to an assessment or to
6services being provided pursuant to the service plan. If the
7guardian is alleged to be the perpetrator of the abuse,
8neglect, or exploitation, the Adults with Disabilities Abuse
9Project shall, when there is an immediate and urgent necessity,
10seek the appointment of a temporary substitute guardian
11pursuant to Section 213.3 of the Illinois Domestic Violence Act
12of 1986 under the provisions of Article XIa of the Probate Act
13of 1975. If a guardian withdraws his consent or refuses to
14allow an assessment or services to be provided to the adult
15with disabilities, the Adults with Disabilities Abuse Project
16may seek directly or through another agency a court order
17seeking appropriate remedies, and may in addition request
18removal of the guardian and appointment of a successor guardian
19pursuant to Article XIa of the Probate Act of 1975.
20    (c) For the purposes of this Section only, "lacks the
21capacity to consent" shall mean that the adult with
22disabilities reasonably appears to be unable by reason of
23physical or mental condition to receive and evaluate
24information related to the assessment or services, or to
25communicate decisions related to the assessment or services.
26(Source: P.A. 94-418, eff. 8-2-05.)
 

 

 

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1    (20 ILCS 2435/63 new)
2    Sec. 63. Retaliation for certain disclosures prohibited.
3Subject to the provisions of the Whistleblower Act, an employer
4may not retaliate against an employee for disclosing
5information to a government or law enforcement agency where the
6employee has reasonable cause to believe that the information
7discloses a violation of this Act or of a State or federal law,
8rule, or regulation in connection with this Act.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 2435/15from Ch. 23, par. 3395-15
4    20 ILCS 2435/25from Ch. 23, par. 3395-25
5    20 ILCS 2435/30from Ch. 23, par. 3395-30
6    20 ILCS 2435/35from Ch. 23, par. 3395-35
7    20 ILCS 2435/40from Ch. 23, par. 3395-40
8    20 ILCS 2435/45from Ch. 23, par. 3395-45
9    20 ILCS 2435/63 new