Illinois General Assembly - Full Text of HB4785
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Full Text of HB4785  94th General Assembly


Aging Committee

Filed: 2/16/2006





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2     AMENDMENT NO. ______. Amend House Bill 4785 by replacing
3 everything after the enacting clause with the following:
4     "(210 ILCS 28/85 rep.)
5     Section 5. The Abuse Prevention Review Team Act is amended
6 by repealing Section 85.
7     Section 10. The Nursing Home Care Act is amended by
8 changing Sections 2-110, 2-201.5, 2-216, and 3-402 and by
9 adding Section 2-201.6 as follows:
10     (210 ILCS 45/2-110)  (from Ch. 111 1/2, par. 4152-110)
11     Sec. 2-110. (a) Any employee or agent of a public agency,
12 any representative of a community legal services program or any
13 other member of the general public shall be permitted access at
14 reasonable hours to any individual resident of any facility,
15 but only if there is neither a commercial purpose nor effect to
16 such access and if the purpose is to do any of the following:
17         (1) Visit, talk with and make personal, social and
18     legal services available to all residents;
19         (2) Inform residents of their rights and entitlements
20     and their corresponding obligations, under federal and
21     State laws, by means of educational materials and
22     discussions in groups and with individual residents;
23         (3) Assist residents in asserting their legal rights



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1     regarding claims for public assistance, medical assistance
2     and social security benefits, as well as in all other
3     matters in which residents are aggrieved. Assistance may
4     include counseling and litigation; or
5         (4) Engage in other methods of asserting, advising and
6     representing residents so as to extend to them full
7     enjoyment of their rights.
8     (a-5) If a resident of a licensed facility is an identified
9 offender, any federal, State, or local law enforcement officer
10 or county probation officer shall be permitted reasonable
11 access to the individual resident to verify compliance with the
12 requirements of the Sex Offender Registration Act, to verify
13 compliance with the requirements of Public Act 94-163 and this
14 amendatory Act of the 94th General Assembly, or to verify
15 compliance with applicable terms of probation, parole, or
16 mandatory supervised release.
17     (b) All persons entering a facility under this Section
18 shall promptly notify appropriate facility personnel of their
19 presence. They shall, upon request, produce identification to
20 establish their identity. No such person shall enter the
21 immediate living area of any resident without first identifying
22 himself and then receiving permission from the resident to
23 enter. The rights of other residents present in the room shall
24 be respected. A resident may terminate at any time a visit by a
25 person having access to the resident's living area under this
26 Section.
27     (c) This Section shall not limit the power of the
28 Department or other public agency otherwise permitted or
29 required by law to enter and inspect a facility.
30     (d) Notwithstanding paragraph (a) of this Section, the
31 administrator of a facility may refuse access to the facility
32 to any person if the presence of that person in the facility
33 would be injurious to the health and safety of a resident or
34 would threaten the security of the property of a resident or



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1 the facility, or if the person seeks access to the facility for
2 commercial purposes. Any person refused access to a facility
3 may within 10 days request a hearing under Section 3-703. In
4 that proceeding, the burden of proof as to the right of the
5 facility to refuse access under this Section shall be on the
6 facility.
7 (Source: P.A. 94-163, eff. 7-11-05.)
8     (210 ILCS 45/2-201.5)
9     Sec. 2-201.5. Screening prior to admission.
10     (a) All persons age 18 or older seeking admission to a
11 nursing facility must be screened to determine the need for
12 nursing facility services prior to being admitted, regardless
13 of income, assets, or funding source. In addition, any person
14 who seeks to become eligible for medical assistance from the
15 Medical Assistance Program under the Illinois Public Aid Code
16 to pay for long term care services while residing in a facility
17 must be screened prior to receiving those benefits. Screening
18 for nursing facility services shall be administered through
19 procedures established by administrative rule. Screening may
20 be done by agencies other than the Department as established by
21 administrative rule. This Section applies on and after July 1,
22 1996.
23     (b) In addition to the screening required by subsection
24 (a), a facility shall, within 24 hours after admission, request
25 a criminal history background check pursuant to the Uniform
26 Conviction Information Act for all persons age 18 or older
27 seeking admission to the facility. Background checks conducted
28 pursuant to this Section shall be based on the resident's name,
29 date of birth, and other identifiers as required by the
30 Department of State Police. If the results of the background
31 check are inconclusive, a fingerprint-based check shall be
32 initiated, unless the fingerprint check is waived by the
33 Director of Public Health based on verification by the facility



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1 that the resident is completely immobile. The facility shall,
2 within 60 days after the effective date of this amendatory Act
3 of the 94th General Assembly, request a criminal history
4 background check pursuant to the Uniform Conviction
5 Information Act for all persons who are residents of the
6 facility on the effective date of this amendatory Act of the
7 94th General Assembly. The facility shall review the results of
8 the criminal history background checks immediately upon
9 receipt thereof.
10     (c) If the results of a resident's criminal history
11 background check reveal that the resident is an identified
12 offender as defined in Section 1-114.01, the facility shall
13 immediately fax the resident's name and criminal history
14 information to the Illinois Department of Public Health, which
15 shall conduct a Criminal History Analysis pursuant to Section
16 2-201.6. The Criminal History Analysis shall be conducted
17 independently of the Illinois Department of Public Health's
18 Office of Healthcare Regulation. The Office of Healthcare
19 Regulation shall have no involvement with the process of
20 reviewing or analyzing the criminal history of identified
21 offenders.
22     (d) The Illinois Department of Public Health shall keep a
23 continuing record of all residents determined to be identified
24 offenders under Section 1-114.01 and shall report the number of
25 identified offender residents annually to the General
26 Assembly. 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.
30 (Source: P.A. 94-163, eff. 7-11-05.)
31     (210 ILCS 45/2-201.6 new)
32     Sec. 2-201.6. Criminal History Analysis.
33     (a) The Department shall immediately commence a Criminal



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1 History Analysis when it receives information, through the
2 criminal history background check required pursuant to
3 subsection (b) of Section 2-201.5 or through any other means,
4 that a resident of a facility is an identified offender.
5     (b) The Department shall complete the Criminal History
6 Analysis as soon as practicable, but not later than 14 days
7 after receiving notice from the facility under subsection (a).
8     (c) The Criminal History Analysis shall include, but not be
9 limited to, all of the following:
10         (1) Consultation with the identified offender's
11     assigned parole agent or probation officer, if applicable.
12         (2) Consultation with the convicting prosecutor's
13     office.
14         (3) A review of the statement of facts, police reports,
15     and victim impact statements, if available.
16         (4) An interview with the identified offender.
17         (5) Consultation with the facility administrator or
18     facility medical director, or both, regarding the physical
19     condition of the identified offender.
20         (6) Consideration of the entire criminal history of the
21     offender, including the date of the identified offender's
22     last conviction relative to the date of admission to a
23     long-term care facility.
24         (7) If the identified offender is a convicted or
25     registered sex offender, a review of any and all sex
26     offender evaluations conducted on that offender. If there
27     is no sex offender evaluation available, the Department
28     shall provide for a sex offender evaluation to be conducted
29     on the identified offender. If the convicted or registered
30     sex offender is under supervision by the Illinois
31     Department of Corrections or a county probation
32     department, the sex offender evaluation shall be arranged
33     by and at the expense of the supervising agency. All
34     evaluations conducted on convicted or registered sex



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1     offenders under this Act shall be conducted by sex offender
2     evaluators approved by the Sex Offender Management Board.
3     (d) The Department shall prepare a Criminal History
4 Analysis Report based on the analysis conducted pursuant to
5 subsection (c). The Report shall include a summary of the Risk
6 Analysis and shall detail whether and to what extent the
7 identified offender's criminal history necessitates the
8 implementation of security measures within the long-term care
9 facility. If the identified offender is a convicted or
10 registered sex offender or if the Department's Criminal History
11 Analysis reveals that the identified offender poses a
12 significant risk of harm to others within the facility, the
13 offender shall be required to have his or her own room within
14 the facility.
15     (e) The Criminal History Analysis Report shall promptly be
16 provided to the following:
17         (1) The long-term care facility within which the
18     identified offender resides.
19         (2) The Chief of Police of the municipality in which
20     the facility is located.
21         (3) The State of Illinois Long Term Care Ombudsman.
22     (f) The facility shall incorporate the Criminal History
23 Analysis Report into the identified offender's care plan
24 created pursuant to 42 CFR 483.20.
25     (g) If, based on the Criminal History Analysis Report, a
26 facility determines that it cannot manage the identified
27 offender resident safely within the facility, it shall commence
28 involuntary transfer or discharge proceedings pursuant to
29 Section 3-402.
30     (h) Except for willful and wanton misconduct, any person
31 authorized to participate in the development of a Criminal
32 History Analysis or Criminal History Analysis Report is immune
33 from criminal or civil liability for any acts or omissions as
34 the result of his or her good faith effort to comply with this



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1 Section.
2     (210 ILCS 45/2-216)
3     Sec. 2-216. Notification of identified offenders. Every
4 licensed facility shall provide to every prospective and
5 current resident and resident's guardian, and to every facility
6 employee, a written notice, prescribed by the Illinois
7 Department of Public Health, advising the resident, guardian,
8 or employee of his or her right to ask whether any residents of
9 the facility are identified offenders. The notice shall also be
10 prominently posted within every licensed facility. The notice
11 shall include a statement that information regarding
12 registered sex offenders may be obtained from the Department of
13 State Police at and that information
14 regarding persons serving terms of parole or mandatory
15 supervised release may be obtained from the Illinois Department
16 of Corrections at If identified
17 offenders are residents of the licensed facility, the licensed
18 facility shall notify every resident or resident's guardian in
19 writing that such offenders are residents of the licensed
20 facility. The licensed facility shall also provide notice to
21 its employees and to visitors to the facility that identified
22 offenders are residents.
23 (Source: P.A. 94-163, eff. 7-11-05.)
24     (210 ILCS 45/3-402)  (from Ch. 111 1/2, par. 4153-402)
25     Sec. 3-402. Involuntary transfer or discharge of a resident
26 from a facility shall be preceded by the discussion required
27 under Section 3-408 and by a minimum written notice of 21 days,
28 except in one of the following instances:
29     (a) when an emergency transfer or discharge is ordered by
30 the resident's attending physician because of the resident's
31 health care needs; or
32     (b) when the transfer or discharge is mandated by the



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1 physical safety of other residents, the facility staff, or
2 facility visitors, as documented in the clinical record, or
3 when the resident to be transferred or discharged has been
4 found to be an identified offender as defined in Section
5 1-114.01 of this Act and the facility has determined, pursuant
6 to the Criminal History Analysis Report, that it cannot safely
7 manage the resident within the facility. The Department shall
8 be notified prior to any such involuntary transfer or
9 discharge. The Department shall immediately offer transfer, or
10 discharge and relocation assistance to residents transferred
11 or discharged under this subparagraph (b), and the Department
12 may place relocation teams as provided in Section 3-419 of this
13 Act.
14 (Source: P.A. 84-1322.)
15     (210 ILCS 45/3-202.3 rep.)
16     (210 ILCS 45/3-202.4 rep.)
17     Section 11. The Nursing Home Care Act is amended by
18 repealing Sections 3-202.3 and 3-202.4.
19     Section 15. The Probation and Probation Officers Act is
20 amended by changing Section 12 as follows:
21     (730 ILCS 110/12)  (from Ch. 38, par. 204-4)
22     Sec. 12. The duties of probation officers shall be:
23     (1) To investigate as required by Section 5-3-1 of the
24 "Unified Code of Corrections", approved July 26, 1972, as
25 amended, the case of any person to be placed on probation. Full
26 opportunity shall be afforded a probation officer to confer
27 with the person under investigation when such person is in
28 custody.
29     (2) To notify the court of any previous conviction for
30 crime or previous probation of any defendant invoking the
31 provisions of this Act.



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1     (3) All reports and notifications required in this Act to
2 be made by probation officers shall be in writing and shall be
3 filed by the clerk in the respective cases.
4     (4) To preserve complete and accurate records of cases
5 investigated, including a description of the person
6 investigated, the action of the court with respect to his case
7 and his probation, the subsequent history of such person, if he
8 becomes a probationer, during the continuance of his probation,
9 which records shall be open to inspection by any judge or by
10 any probation officer pursuant to order of court, but shall not
11 be a public record, and its contents shall not be divulged
12 otherwise than as above provided, except upon order of court.
13     (5) To take charge of and watch over all persons placed on
14 probation under such regulations and for such terms as may be
15 prescribed by the court, and giving to each probationer full
16 instructions as to the terms of his release upon probation and
17 requiring from him such periodical reports as shall keep the
18 officer informed as to his conduct.
19     (6) To develop and operate programs of reasonable public or
20 community service for any persons ordered by the court to
21 perform public or community service, providing, however, that
22 no probation officer or any employee of a probation office
23 acting in the course of his official duties shall be liable for
24 any tortious acts of any person performing public or community
25 service except for wilful misconduct or gross negligence on the
26 part of the probation officer or employee.
27     (7) When any person on probation removes from the county
28 where his offense was committed, it shall be the duty of the
29 officer under whose care he was placed to report the facts to
30 the probation officer in the county to which the probationer
31 has removed; and it shall thereupon become the duty of such
32 probation officer to take charge of and watch over said
33 probationer the same as if the case originated in that county;
34 and for that purpose he shall have the same power and authority



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1 over said probationer as if he had been originally placed in
2 said officer's charge; and such officer shall be required to
3 report in writing every 6 months, or more frequently upon
4 request the results of his supervision to the probation officer
5 in whose charge the said probationer was originally placed by
6 the court.
7     (8) To authorize travel permits to individuals under their
8 supervision unless otherwise ordered by the court.
9     (9) To perform such other duties as are provided for in
10 this act or by rules of court and such incidental duties as may
11 be implied from those expressly required.
12     (10) To send written notification to a public housing
13 agency if a person on probation for a felony who is under the
14 supervision of the probation officer informs the probation
15 officer that he or she has resided, resides, or will reside at
16 an address that is a housing facility owned, managed, operated,
17 or leased by that public housing agency.
18     (11) If a person on probation for a felony offense who is
19 under the supervision of the probation officer becomes a
20 resident of a facility licensed or regulated by the Department
21 of Public Health, the Illinois Department of Public Aid, or
22 Illinois Department of Human Services, the probation officer
23 shall within 3 days of the person becoming a resident, notify
24 the licensing or regulating Department and licensed or
25 regulated facility and shall provide the licensed or regulated
26 facility and licensing or regulating Department with copies of
27 the following:
28         (a) (blank) pre-sentence investigation reports or
29     social investigation reports;
30         (b) any applicable probation orders and corresponding
31     compliance plans;
32         (c) the name and contact information for the assigned
33     probation officer.
34 (Source: P.A. 94-163, eff. 7-11-05.)



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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.".