Full Text of HB2062 94th General Assembly
HB2062ham001 94TH GENERAL ASSEMBLY
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Rep. James D. Brosnahan
Filed: 5/17/2005
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LRB094 03374 RLC 46715 a |
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| AMENDMENT TO HOUSE BILL 2062
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| AMENDMENT NO. ______. Amend House Bill 2062 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Nursing Home Care Act is amended by | 5 |
| changing Sections 2-110 and 2-201.5 and by adding Sections | 6 |
| 2-216 and 3-202.3 as follows:
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| (210 ILCS 45/2-110) (from Ch. 111 1/2, par. 4152-110)
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| Sec. 2-110. (a) Any employee or agent of a public agency, | 9 |
| any
representative of a community legal services program or any | 10 |
| other member
of the general public shall be permitted access at | 11 |
| reasonable hours to
any individual resident of any facility, | 12 |
| but only if there is neither a
commercial purpose nor
effect to | 13 |
| such access and if the purpose is to do any of the following:
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| (1) Visit, talk with and make personal, social and legal | 15 |
| services
available to all residents;
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| (2) Inform residents of their rights and entitlements and | 17 |
| their
corresponding obligations, under federal and State laws, | 18 |
| by means of
educational materials and discussions in groups and | 19 |
| with individual
residents;
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| (3) Assist residents in asserting their legal rights | 21 |
| regarding
claims for public assistance, medical assistance and | 22 |
| social security
benefits, as well as in all other matters in | 23 |
| which residents are
aggrieved. Assistance may include | 24 |
| counseling and litigation; or
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| (4) Engage in other methods of asserting, advising and | 2 |
| representing
residents so as to extend to them full enjoyment | 3 |
| of their rights. | 4 |
| (a-5) If a resident of a licensed facility is a registered | 5 |
| sex offender or is serving a term of probation, parole, | 6 |
| mandatory supervised release, or any form of court-ordered | 7 |
| supervision, any federal, State, or local law enforcement | 8 |
| officer or county probation officer shall be permitted access | 9 |
| to the individual resident to verify compliance with the | 10 |
| requirements of the Sex Offender Registration Act or to verify | 11 |
| compliance with applicable terms of probation, parole, | 12 |
| mandatory supervised release, or court-ordered supervision.
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| (b) All persons entering a facility under this Section | 14 |
| shall
promptly notify appropriate facility personnel of their | 15 |
| presence. They
shall, upon request, produce identification to | 16 |
| establish their identity.
No such person shall enter the | 17 |
| immediate living area of any resident
without first identifying | 18 |
| himself and then receiving permission from the
resident to | 19 |
| enter. The rights of other residents present in the room
shall | 20 |
| be respected. A resident may terminate at any time a visit by a
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| person having access to the resident's living area under this | 22 |
| Section.
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| (c) This Section shall not limit the power of the | 24 |
| Department or
other public agency otherwise permitted or | 25 |
| required by law to enter and
inspect a facility.
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| (d) Notwithstanding paragraph (a) of this Section, the | 27 |
| administrator
of a facility may refuse access to the facility | 28 |
| to any person if the
presence of that person in the facility | 29 |
| would be injurious to the health
and safety of a resident or | 30 |
| would threaten the security of the property
of a resident or | 31 |
| the facility, or if the person seeks access to the
facility for | 32 |
| commercial purposes. Any person refused access to a
facility | 33 |
| may within 10 days request a hearing under Section 3-703. In
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| that proceeding, the burden of proof as to the right of the |
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| facility to
refuse access under this Section shall be on the | 2 |
| facility.
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| (Source: P.A. 82-783.)
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| (210 ILCS 45/2-201.5)
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| Sec. 2-201.5. Screening prior to admission. | 6 |
| (a) All persons age 18 or older seeking admission to a | 7 |
| nursing
facility must be screened to
determine the need for | 8 |
| nursing facility services prior to being admitted,
regardless | 9 |
| of income, assets, or funding source. In addition, any person | 10 |
| who
seeks to become eligible for medical assistance from the | 11 |
| Medical Assistance
Program under the Illinois Public Aid Code | 12 |
| to pay for long term care services
while residing in a facility | 13 |
| must be screened prior to receiving those
benefits. Screening | 14 |
| for nursing facility services shall be administered
through | 15 |
| procedures established by administrative rule. Screening may | 16 |
| be done
by agencies other than the Department as established by | 17 |
| administrative rule.
This Section applies on and after July 1, | 18 |
| 1996. | 19 |
| (b) In addition to the screening required by subsection | 20 |
| (a), registered sex offenders, or offenders serving terms of | 21 |
| probation, parole, mandatory supervised release, or any form of | 22 |
| court-ordered supervision, who seek admission to a licensed | 23 |
| facility shall not be admitted unless the licensed facility | 24 |
| complies with the requirements of the Department's | 25 |
| administrative rules adopted pursuant to Section 3-202.3.
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| (Source: P.A. 91-467, eff. 1-1-00.)
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| (210 ILCS 45/2-216 new)
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| Sec. 2-216. Offenders as residents; notification of | 29 |
| residents and guardians. If registered sex offenders or | 30 |
| offenders serving terms of probation, parole, mandatory | 31 |
| supervised release, or any form of court-ordered supervision | 32 |
| are residents of the licensed facility, the licensed facility |
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| shall notify every resident or resident's guardian in writing | 2 |
| that such offenders are residents of the licensed facility. | 3 |
| (210 ILCS 45/3-202.3 new) | 4 |
| Sec. 3-202.3. Rules; violent offenders, including but not | 5 |
| limited to registered sex offenders, as residents. No later | 6 |
| than 30 days after the effective date of this amendatory Act of | 7 |
| the 94th General Assembly, the Department shall file with the | 8 |
| Joint Committee on Administrative Rules, pursuant to the | 9 |
| Illinois Administrative Procedure Act, a proposed rule or a | 10 |
| proposed amendment to an existing rule regarding the provision | 11 |
| of services to violent offenders, including registered sex | 12 |
| offenders. The proposed rule or proposed amendment to an | 13 |
| existing rule shall provide for, or include, the following: | 14 |
| (1) A process for the identification of violent | 15 |
| offenders, including sex offenders. | 16 |
| (2) A required risk assessment of identified | 17 |
| offenders. | 18 |
| (3) A requirement that a licensed facility be required, | 19 |
| not less than twice per calendar year, to compare a list of | 20 |
| its residents against the Illinois Department of | 21 |
| Corrections and Illinois State Police sex offender | 22 |
| registration databases. | 23 |
| (4) The care planning of identified offenders, which | 24 |
| shall include, but not be limited to, a description of the | 25 |
| security measures necessary to protect facility residents | 26 |
| from the identified offender, including whether the | 27 |
| identified offender should be segregated from other | 28 |
| facility residents. | 29 |
| (5) The treatment of identified offenders. | 30 |
| (6) The discharge planning for identified offenders. | 31 |
| Section 10. The Unified Code of Corrections is amended by | 32 |
| changing Section 3-14-1 as follows:
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| (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
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| Sec. 3-14-1. Release from the Institution.
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| (a) Upon release of a person on parole, mandatory release, | 4 |
| final
discharge or pardon the Department shall return all | 5 |
| property held for
him, provide him with suitable clothing and | 6 |
| procure necessary
transportation for him to his designated | 7 |
| place of residence and
employment. It may provide such person | 8 |
| with a grant of money for travel and
expenses which may be paid | 9 |
| in installments. The amount of the money grant
shall be | 10 |
| determined by the Department.
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| The Department of Corrections may establish and maintain, | 12 |
| in any institution
it administers, revolving funds to be known | 13 |
| as "Travel and Allowances Revolving
Funds". These revolving | 14 |
| funds shall be used for advancing travel and expense
allowances | 15 |
| to committed, paroled, and discharged prisoners. The moneys
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| paid into such revolving funds shall be from appropriations to | 17 |
| the Department
for Committed, Paroled, and Discharged | 18 |
| Prisoners.
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| (b) (Blank).
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| (c) Except as otherwise provided in this Code, the | 21 |
| Department shall
establish procedures to provide written | 22 |
| notification of any release of any
person who has been | 23 |
| convicted of a felony to the State's Attorney
and sheriff of | 24 |
| the county from which the offender was committed, and the
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| State's Attorney and sheriff of the county into which the | 26 |
| offender is to be
paroled or released. Except as otherwise | 27 |
| provided in this Code, the
Department shall establish | 28 |
| procedures to provide written notification to
the proper law | 29 |
| enforcement agency for any municipality of any release of any
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| person who has been convicted of a felony if the arrest of the | 31 |
| offender or the
commission of the offense took place in the | 32 |
| municipality, if the offender is to
be paroled or released into | 33 |
| the municipality, or if the offender resided in the
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| 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
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| 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.
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| (c-1) (Blank). | 14 |
| (c-5) If a person who is in the custody of the Department | 15 |
| of Corrections or on parole or mandatory supervised release | 16 |
| informs the Department, or if the Department becomes aware | 17 |
| during the person's term of parole, mandatory supervised | 18 |
| release, or court-ordered supervision, that he or she intends | 19 |
| to reside in or has become a resident at a facility licensed by | 20 |
| the Illinois Department of Public Health, the Illinois | 21 |
| Department on Aging, or the Illinois Department of Human | 22 |
| Services, the Department of Corrections shall provide copies of | 23 |
| the following information to the licensing Department within 3 | 24 |
| days after the person's release, placement, or notification of | 25 |
| residence: | 26 |
| (1) All information from the committing court. | 27 |
| (2) The social evaluation prepared pursuant to Section | 28 |
| 3-8-2. | 29 |
| (3) Any pre-release evaluation conducted pursuant to | 30 |
| subsection (j) of Section 3-6-2. | 31 |
| (4) Reports of disciplinary infractions and | 32 |
| dispositions. | 33 |
| (5) Any parole plan, including orders issued by the | 34 |
| Prisoner Review Board, and any violation reports and |
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| dispositions. | 2 |
| (c-10) If a person who is in the custody of the Department | 3 |
| of Corrections or on parole or mandatory supervised release | 4 |
| informs the Department, or if the Department becomes aware | 5 |
| during the person's term of parole, mandatory supervised | 6 |
| release, or court-ordered supervision, that he or she intends | 7 |
| to reside in or has becomes a resident at a facility licensed | 8 |
| by the Illinois Department of Public Health, the Illinois | 9 |
| Department on Aging, or the Illinois Department of Human | 10 |
| Services, the Department of Corrections shall provide written | 11 |
| notification, within 3 days after the person's release, | 12 |
| placement, or notification, to the following: | 13 |
| (1) The Prisoner Review Board. | 14 |
| (2) The
chief of police and sheriff in the municipality | 15 |
| and county in which the licensed facility is located.
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| (d) Upon the release of a committed person on parole, | 17 |
| mandatory
supervised release, final discharge or pardon, the | 18 |
| Department shall provide
such person with information | 19 |
| concerning programs and services of the
Illinois Department of | 20 |
| Public Health to ascertain whether such person has
been exposed | 21 |
| to the human immunodeficiency virus (HIV) or any identified
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| causative agent of Acquired Immunodeficiency Syndrome (AIDS).
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| (e) Upon the release of a committed person on parole, | 24 |
| mandatory supervised
release, final discharge, or pardon, the | 25 |
| Department shall provide the person
who has met the criteria | 26 |
| established by the Department with an identification
card | 27 |
| identifying the
person as being on parole, mandatory supervised | 28 |
| release, final discharge, or
pardon, as the case may be. The | 29 |
| Department, in consultation with the Office of
the Secretary of | 30 |
| State, shall prescribe the form of the identification card,
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| which may be similar to the form of the standard Illinois | 32 |
| Identification Card.
The Department shall inform the committed | 33 |
| person that he or she may present the
identification card to | 34 |
| the Office of the Secretary of State upon application
for a |
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| standard Illinois Identification Card in accordance with the | 2 |
| Illinois
Identification Card Act. The Department shall require | 3 |
| the committed person to
pay a $1 fee for the identification | 4 |
| card.
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| For purposes of a committed person
receiving an | 6 |
| identification card issued by the Department under this
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| subsection, the Department shall establish criteria that the
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| committed person must meet before the card is issued.
It is the | 9 |
| sole responsibility of the
committed person requesting the | 10 |
| identification card issued by the Department to
meet the | 11 |
| established criteria.
The person's failure to
meet the criteria | 12 |
| is sufficient reason to deny the committed person the
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| identification card. An identification card issued by the | 14 |
| Department under
this subsection shall be valid for a period of | 15 |
| time not to exceed 30 calendar
days from the date the card is | 16 |
| issued.
The Department shall not be held civilly or
criminally | 17 |
| liable to anyone because of any act of any person utilizing a | 18 |
| card
issued by the Department under this subsection.
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| The Department shall adopt
rules governing the issuance of | 20 |
| identification cards to committed persons being
released on | 21 |
| parole, mandatory supervised release, final
discharge, or | 22 |
| pardon.
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| (Source: P.A. 91-506, eff. 8-13-99; 91-695, eff. 4-13-00; | 24 |
| 92-240, eff. 1-1-02.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.".
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