Full Text of HB2062 94th General Assembly
HB2062sam002 94TH GENERAL ASSEMBLY
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Sen. Edward D. Maloney
Filed: 5/26/2005
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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 |
| 1-114.01, 2-216, 3-202.3, and 3-202.4 as follows: | 7 |
| (210 ILCS 45/1-114.01 new)
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| Sec. 1-114.01. Identified offender. "Identified offender" | 9 |
| means a person who has been convicted of any felony offense | 10 |
| listed in Section 25 of the Health Care Worker Background Check | 11 |
| Act, is a registered sex offender, or is serving a term of | 12 |
| parole, mandatory supervised release, or probation for a felony | 13 |
| offense.
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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, | 16 |
| any
representative of a community legal services program or any | 17 |
| other member
of the general public shall be permitted access at | 18 |
| reasonable hours to
any individual resident of any facility, | 19 |
| but only if there is neither a
commercial purpose nor
effect to | 20 |
| 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 | 22 |
| services
available to all residents;
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| (2) Inform residents of their rights and entitlements and |
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| their
corresponding obligations, under federal and State laws, | 2 |
| by means of
educational materials and discussions in groups and | 3 |
| with individual
residents;
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| (3) Assist residents in asserting their legal rights | 5 |
| regarding
claims for public assistance, medical assistance and | 6 |
| social security
benefits, as well as in all other matters in | 7 |
| which residents are
aggrieved. Assistance may include | 8 |
| counseling and litigation; or
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| (4) Engage in other methods of asserting, advising and | 10 |
| representing
residents so as to extend to them full enjoyment | 11 |
| of their rights. | 12 |
| (a-5) If a resident of a licensed facility is an identified | 13 |
| offender, any federal, State, or local law enforcement officer | 14 |
| or county probation officer shall be permitted reasonable | 15 |
| access to the individual resident to verify compliance with the | 16 |
| requirements of the Sex Offender Registration Act or to verify | 17 |
| compliance with applicable terms of probation, parole, or | 18 |
| mandatory supervised release.
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| (b) All persons entering a facility under this Section | 20 |
| shall
promptly notify appropriate facility personnel of their | 21 |
| presence. They
shall, upon request, produce identification to | 22 |
| establish their identity.
No such person shall enter the | 23 |
| immediate living area of any resident
without first identifying | 24 |
| himself and then receiving permission from the
resident to | 25 |
| enter. The rights of other residents present in the room
shall | 26 |
| 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 | 28 |
| Section.
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| (c) This Section shall not limit the power of the | 30 |
| Department or
other public agency otherwise permitted or | 31 |
| required by law to enter and
inspect a facility.
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| (d) Notwithstanding paragraph (a) of this Section, the | 33 |
| administrator
of a facility may refuse access to the facility | 34 |
| to any person if the
presence of that person in the facility |
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| would be injurious to the health
and safety of a resident or | 2 |
| would threaten the security of the property
of a resident or | 3 |
| the facility, or if the person seeks access to the
facility for | 4 |
| commercial purposes. Any person refused access to a
facility | 5 |
| 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 | 7 |
| facility to
refuse access under this Section shall be on the | 8 |
| 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. | 12 |
| (a) All persons age 18 or older seeking admission to a | 13 |
| nursing
facility must be screened to
determine the need for | 14 |
| nursing facility services prior to being admitted,
regardless | 15 |
| of income, assets, or funding source. In addition, any person | 16 |
| who
seeks to become eligible for medical assistance from the | 17 |
| Medical Assistance
Program under the Illinois Public Aid Code | 18 |
| to pay for long term care services
while residing in a facility | 19 |
| must be screened prior to receiving those
benefits. Screening | 20 |
| for nursing facility services shall be administered
through | 21 |
| procedures established by administrative rule. Screening may | 22 |
| be done
by agencies other than the Department as established by | 23 |
| administrative rule.
This Section applies on and after July 1, | 24 |
| 1996. | 25 |
| (b) In addition to the screening required by subsection | 26 |
| (a), identified offenders who seek admission to a licensed | 27 |
| facility shall not be admitted unless the licensed facility | 28 |
| complies with the requirements of the Department's | 29 |
| 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. Notification of identified offenders. If |
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| identified offenders are residents of the licensed facility, | 2 |
| the licensed facility shall notify every resident or resident's | 3 |
| guardian in writing that such offenders are residents of the | 4 |
| licensed facility. The licensed facility shall also provide | 5 |
| notice to its employees and to visitors to the facility that | 6 |
| identified offenders are residents. | 7 |
| (210 ILCS 45/3-202.3 new) | 8 |
| Sec. 3-202.3. Identified offenders as residents. No later | 9 |
| than 30 days after the effective date of this amendatory Act of | 10 |
| the 94th General Assembly, the Department shall file with the | 11 |
| Illinois Secretary of State's Office, pursuant to the Illinois | 12 |
| Administrative Procedure Act, emergency rules regarding the | 13 |
| provision of services to identified offenders. The emergency | 14 |
| rules shall provide for, or include, but not be limited to the | 15 |
| following: | 16 |
| (1) A process for the identification of identified | 17 |
| offenders. | 18 |
| (2) A required risk assessment of identified | 19 |
| offenders. | 20 |
| (3) A requirement that a licensed facility be required, | 21 |
| within 10 days of the filing of the emergency rules, to | 22 |
| compare its residents against the Illinois Department of | 23 |
| Corrections and Illinois State Police registered sex | 24 |
| offender databases. | 25 |
| (4) A requirement that the licensed facility notify the | 26 |
| Department within 48 hours of determining that a resident | 27 |
| or residents of the licensed facility are listed on the | 28 |
| Illinois Department of Corrections or Illinois State | 29 |
| Police registered sex offender databases.
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| (5) The care planning of identified offenders, which | 31 |
| shall include, but not be limited to, a description of the | 32 |
| security measures necessary to protect facility residents | 33 |
| from the identified offender, including whether the |
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| identified offender should be segregated from other | 2 |
| facility residents. | 3 |
| (6) For offenders serving terms of probation for felony | 4 |
| offenses, parole, or mandatory
supervised release, the | 5 |
| facility shall acknowledge the terms of release as imposed | 6 |
| by the court or Illinois Prisoner Review Board. | 7 |
| (7) The discharge planning for identified offenders. | 8 |
| (210 ILCS 45/3-202.4 new)
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| Sec. 3-202.4. Feasibility of segregating identified | 10 |
| offenders. The Department shall determine the feasibility of | 11 |
| requiring identified offenders that seek admission to a | 12 |
| licensed facility to be segregated from other residents. The | 13 |
| Department shall report its findings to the General Assembly | 14 |
| and the Office of the Governor not later than 6 months after | 15 |
| the effective date of this amendatory Act of the 94th General | 16 |
| Assembly. | 17 |
| Section 10. The Unified Code of Corrections is amended by | 18 |
| 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, | 22 |
| final
discharge or pardon the Department shall return all | 23 |
| property held for
him, provide him with suitable clothing and | 24 |
| procure necessary
transportation for him to his designated | 25 |
| place of residence and
employment. It may provide such person | 26 |
| with a grant of money for travel and
expenses which may be paid | 27 |
| in installments. The amount of the money grant
shall be | 28 |
| determined by the Department.
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| The Department of Corrections may establish and maintain, | 30 |
| in any institution
it administers, revolving funds to be known | 31 |
| as "Travel and Allowances Revolving
Funds". These revolving |
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| funds shall be used for advancing travel and expense
allowances | 2 |
| to committed, paroled, and discharged prisoners. The moneys
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| paid into such revolving funds shall be from appropriations to | 4 |
| the Department
for Committed, Paroled, and Discharged | 5 |
| Prisoners.
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| (b) (Blank).
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| (c) Except as otherwise provided in this Code, the | 8 |
| Department shall
establish procedures to provide written | 9 |
| notification of any release of any
person who has been | 10 |
| convicted of a felony to the State's Attorney
and sheriff of | 11 |
| 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 | 13 |
| offender is to be
paroled or released. Except as otherwise | 14 |
| provided in this Code, the
Department shall establish | 15 |
| procedures to provide written notification to
the proper law | 16 |
| 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 | 18 |
| offender or the
commission of the offense took place in the | 19 |
| municipality, if the offender is to
be paroled or released into | 20 |
| 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 | 22 |
| person
convicted of a felony who is in the custody of the | 23 |
| Department of Corrections or
on parole or mandatory supervised | 24 |
| release informs the Department that he or she
has resided, | 25 |
| resides, or will
reside at an address that is a housing | 26 |
| facility owned, managed,
operated, or leased by a public | 27 |
| housing agency, the Department must send
written notification | 28 |
| of that information to the public housing agency that
owns, | 29 |
| manages, operates, or leases the housing facility. The written
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| notification shall, when possible, be given at least 14 days | 31 |
| before release of
the person from custody, or as soon | 32 |
| thereafter as possible.
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| (c-1) (Blank). | 34 |
| (c-5) If a person on parole or mandatory supervised release |
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| becomes a resident of a facility licensed or regulated by the | 2 |
| Department of Public Health, the Illinois Department of Public | 3 |
| Aid, or the Illinois Department of Human Services, the | 4 |
| Department of Corrections shall provide copies of the following | 5 |
| information to the appropriate licensing or regulating | 6 |
| department and the licensed or regulated facility where the | 7 |
| person becomes a resident: | 8 |
| (1) The mittimus and any pre-sentence investigation | 9 |
| reports. | 10 |
| (2) The social evaluation prepared pursuant to Section | 11 |
| 3-8-2. | 12 |
| (3) Any pre-release evaluation conducted pursuant to | 13 |
| subsection (j) of Section 3-6-2. | 14 |
| (4) Reports of disciplinary infractions and | 15 |
| dispositions. | 16 |
| (5) Any parole plan, including orders issued by the | 17 |
| Prisoner Review Board, and any violation reports and | 18 |
| dispositions. | 19 |
| (6) The name and contact information for the assigned | 20 |
| parole agent and parole supervisor.
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| This information shall be provided within 3 days of the | 22 |
| person becoming a resident of the facility.
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| (c-10) If a person on parole or mandatory supervised | 24 |
| release becomes a resident of a facility licensed or regulated | 25 |
| by the Department of Public Health, the Illinois Department of | 26 |
| Public Aid, or the Illinois Department of Human Services, the | 27 |
| Department of Corrections shall provide written notification | 28 |
| of such residence to the following: | 29 |
| (1) The Prisoner Review Board. | 30 |
| (2) The
chief of police and sheriff in the municipality | 31 |
| and county in which the licensed facility is located. | 32 |
| The notification shall be provided within 3 days of the | 33 |
| person becoming a resident of the facility.
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| (d) Upon the release of a committed person on parole, |
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| mandatory
supervised release, final discharge or pardon, the | 2 |
| Department shall provide
such person with information | 3 |
| concerning programs and services of the
Illinois Department of | 4 |
| Public Health to ascertain whether such person has
been exposed | 5 |
| 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, | 8 |
| mandatory supervised
release, final discharge, or pardon, the | 9 |
| Department shall provide the person
who has met the criteria | 10 |
| established by the Department with an identification
card | 11 |
| identifying the
person as being on parole, mandatory supervised | 12 |
| release, final discharge, or
pardon, as the case may be. The | 13 |
| Department, in consultation with the Office of
the Secretary of | 14 |
| State, shall prescribe the form of the identification card,
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| which may be similar to the form of the standard Illinois | 16 |
| Identification Card.
The Department shall inform the committed | 17 |
| person that he or she may present the
identification card to | 18 |
| the Office of the Secretary of State upon application
for a | 19 |
| standard Illinois Identification Card in accordance with the | 20 |
| Illinois
Identification Card Act. The Department shall require | 21 |
| the committed person to
pay a $1 fee for the identification | 22 |
| card.
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| For purposes of a committed person
receiving an | 24 |
| 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 | 27 |
| sole responsibility of the
committed person requesting the | 28 |
| identification card issued by the Department to
meet the | 29 |
| established criteria.
The person's failure to
meet the criteria | 30 |
| is sufficient reason to deny the committed person the
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| identification card. An identification card issued by the | 32 |
| Department under
this subsection shall be valid for a period of | 33 |
| time not to exceed 30 calendar
days from the date the card is | 34 |
| issued.
The Department shall not be held civilly or
criminally |
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| liable to anyone because of any act of any person utilizing a | 2 |
| card
issued by the Department under this subsection.
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| The Department shall adopt
rules governing the issuance of | 4 |
| identification cards to committed persons being
released on | 5 |
| parole, mandatory supervised release, final
discharge, or | 6 |
| pardon.
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| (Source: P.A. 91-506, eff. 8-13-99; 91-695, eff. 4-13-00; | 8 |
| 92-240, eff. 1-1-02.)
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| Section 15. The Probation and Probation Officers Act is | 10 |
| amended by changing Section 12 as follows:
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| (730 ILCS 110/12) (from Ch. 38, par. 204-4)
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| Sec. 12. The duties of probation officers shall be:
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| (1) To investigate as required by Section 5-3-1 of the | 14 |
| "Unified Code
of Corrections", approved July 26, 1972, as | 15 |
| amended, the case of
any person to be placed on probation. Full | 16 |
| opportunity shall be afforded
a probation officer to confer | 17 |
| with the person under investigation when
such person is in | 18 |
| custody.
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| (2) To notify the court of any previous conviction for | 20 |
| crime or
previous probation of any defendant invoking the | 21 |
| provisions of this Act.
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| (3) All reports and notifications required in this Act to | 23 |
| be made by
probation officers shall be in writing and shall be | 24 |
| filed by the clerk
in the respective cases.
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| (4) To preserve complete and accurate records of cases | 26 |
| investigated,
including a description of the person | 27 |
| investigated, the action of the
court with respect to his case | 28 |
| and his probation, the subsequent history
of such person, if he | 29 |
| becomes a probationer, during the continuance of
his probation, | 30 |
| which records shall be open to inspection by any judge or
by | 31 |
| any probation officer pursuant to order of court, but shall not | 32 |
| be a
public record, and its contents shall not be divulged |
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| otherwise than as
above provided, except upon order of court.
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| (5) To take charge of and watch over all persons placed on | 3 |
| probation
under such regulations and for such terms as may be | 4 |
| prescribed by the
court, and giving to each probationer full | 5 |
| instructions as to the terms
of his release upon probation and | 6 |
| requiring from him such periodical
reports as shall keep the | 7 |
| officer informed as to his conduct.
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| (6) To develop and operate programs of reasonable public or | 9 |
| community
service
for any persons ordered by the court to | 10 |
| perform public or community
service, providing, however,
that | 11 |
| no probation officer or any employee of a probation office | 12 |
| acting in
the course of his official duties shall be liable for | 13 |
| any tortious acts
of any person performing public or community | 14 |
| service except for wilful
misconduct or gross negligence on the
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| part of the probation officer or employee.
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| (7) When any person on probation removes from the county | 17 |
| where his
offense was committed, it shall be the duty of the | 18 |
| officer under whose
care he was placed to report the facts to | 19 |
| the probation officer in the
county to which the probationer | 20 |
| has removed; and it shall thereupon
become the duty of such | 21 |
| probation officer to take charge of and watch
over said | 22 |
| probationer the same as if the case originated in that county;
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| and for that purpose he shall have the same power and authority | 24 |
| over
said probationer as if he had been originally placed in | 25 |
| said officer's
charge; and such officer shall be required to | 26 |
| report in writing every 6
months, or more frequently upon | 27 |
| request the results of his supervision
to the probation officer | 28 |
| in whose
charge the said probationer was originally placed by | 29 |
| the court.
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| (8) To authorize travel permits to individuals under their | 31 |
| supervision
unless otherwise ordered by the court.
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| (9) To perform such other duties as are provided for in | 33 |
| this act or
by rules of court and such incidental duties as may | 34 |
| be implied from
those expressly required.
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| (10) To send written notification to a public housing | 2 |
| agency if a person
on probation for a felony who is under the | 3 |
| supervision of the probation officer
informs the probation | 4 |
| officer that he or she has resided, resides, or will
reside at | 5 |
| an address that is a housing facility owned, managed, operated, | 6 |
| or
leased by that public housing agency.
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| (11) If a person on probation for a felony offense who is | 8 |
| under the supervision of the probation officer becomes a | 9 |
| resident of a facility licensed or regulated by the Department | 10 |
| of Public Health, the Illinois Department of Public Aid, or | 11 |
| Illinois Department of Human Services, the probation officer | 12 |
| shall within 3 days of the person becoming a resident, notify | 13 |
| the licensing or regulating Department and licensed or | 14 |
| regulated facility and shall provide the licensed or regulated | 15 |
| facility and licensing or regulating Department with copies of | 16 |
| the following: | 17 |
| (a) pre-sentence investigation reports or social | 18 |
| investigation reports; | 19 |
| (b) any applicable probation orders and corresponding | 20 |
| compliance plans; | 21 |
| (c) the name and contact information for the assigned | 22 |
| probation officer.
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| (Source: P.A. 91-506, eff. 8-13-99.)
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.".
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