Full Text of SB3075 100th General Assembly
SB3075sam001 100TH GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 3/15/2018
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| 1 | | AMENDMENT TO SENATE BILL 3075
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3075 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Children and Family Services Act is amended | 5 | | by adding Section 41 as follows: | 6 | | (20 ILCS 505/41 new) | 7 | | Sec. 41. Department of Children and Family Services to | 8 | | submit quarterly reports to the General Assembly. | 9 | | (a) The Department of Children and Family Services shall, | 10 | | by January 1, April 1, July 1, and October 1 of each year, | 11 | | transmit to the General Assembly, a report that shall include | 12 | | the following information reflecting the period ending 15 days | 13 | | prior to the submission of the report: | 14 | | (1) the number of assaults on or threats against | 15 | | employees in the line of duty by service region; | 16 | | (2) the number of employee injuries resulting from |
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| 1 | | assaults in the line of duty; and | 2 | | (3) descriptions of the nature of each injury, the | 3 | | number of injuries requiring medical treatment, and the | 4 | | number of days off work per injury. | 5 | | (b) The requirements in subsection (a) do not relieve the | 6 | | Department from the recordkeeping requirements of the | 7 | | Occupational Safety and Health Act. | 8 | | (c) The Department shall: | 9 | | (1) establish a reasonable procedure for employees to | 10 | | report work-related assaults and injuries. A procedure is | 11 | | not reasonable if it would deter or discourage a reasonable | 12 | | employee from accurately reporting a workplace assault or | 13 | | injury; | 14 | | (2) inform each employee: | 15 | | (A) of the procedure for reporting work-related | 16 | | assaults and injuries; | 17 | | (B) of the right to report work-related assaults | 18 | | and injuries; and | 19 | | (C) that the Department is prohibited from | 20 | | discharging or in any manner discriminating against | 21 | | employees for reporting work-related assaults and | 22 | | injuries; and | 23 | | (3) not discharge, discipline, or in any manner | 24 | | discriminate against any employee for reporting a | 25 | | work-related assault or injury. |
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| 1 | | Section 10. The Mental Health and Developmental | 2 | | Disabilities Administrative Act is amended by changing Section | 3 | | 4 as follows: | 4 | | (20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
| 5 | | Sec. 4. Supervision of facilities and services; quarterly | 6 | | reports.
| 7 | | (a) To exercise executive and administrative supervision | 8 | | over
all facilities, divisions, programs and services now | 9 | | existing or
hereafter acquired or created under the | 10 | | jurisdiction of the Department,
including, but not limited to, | 11 | | the following:
| 12 | | The Alton Mental Health Center, at Alton
| 13 | | The Clyde L. Choate Mental Health and Developmental | 14 | | Center, at Anna
| 15 | | The Chester Mental Health Center, at Chester
| 16 | | The Chicago-Read Mental Health Center, at Chicago
| 17 | | The Elgin Mental Health Center, at Elgin
| 18 | | The Metropolitan Children and Adolescents Center, at | 19 | | Chicago
| 20 | | The Jacksonville Developmental Center, at Jacksonville
| 21 | | The Governor Samuel H. Shapiro Developmental Center, | 22 | | at Kankakee
| 23 | | The Tinley Park Mental Health Center, at Tinley Park
| 24 | | The Warren G. Murray Developmental Center, at | 25 | | Centralia
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| 1 | | The Jack Mabley Developmental Center, at Dixon
| 2 | | The Lincoln Developmental Center, at Lincoln
| 3 | | The H. Douglas Singer Mental Health and Developmental | 4 | | Center, at Rockford
| 5 | | The John J. Madden Mental Health Center, at Chicago
| 6 | | The George A. Zeller Mental Health Center, at Peoria
| 7 | | The Andrew McFarland Mental Health Center, at | 8 | | Springfield
| 9 | | The Adolf Meyer Mental Health Center, at Decatur
| 10 | | The William W. Fox Developmental Center, at Dwight
| 11 | | The Elisabeth Ludeman Developmental Center, at Park | 12 | | Forest
| 13 | | The William A. Howe Developmental Center, at Tinley | 14 | | Park
| 15 | | The Ann M. Kiley Developmental Center, at Waukegan.
| 16 | | (b) Beginning not later than July 1, 1977, the Department | 17 | | shall cause
each of the facilities under its jurisdiction which | 18 | | provide in-patient
care to comply with standards, rules and | 19 | | regulations of the Department
of Public Health prescribed under | 20 | | Section 6.05 of the Hospital
Licensing Act.
| 21 | | (b-5) The Department shall cause
each of the facilities | 22 | | under its jurisdiction that provide in-patient
care to comply | 23 | | with Section 6.25 of the Hospital
Licensing Act. | 24 | | (c) The Department shall issue quarterly reports to the | 25 | | General Assembly on admissions,
deflections, discharges, bed | 26 | | closures, staff-resident ratios, census,
average length of |
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| 1 | | stay, and any adverse federal certification or
accreditation | 2 | | findings, if any, for each State-operated facility for the
| 3 | | mentally ill
and for persons with developmental disabilities.
| 4 | | The quarterly reports shall be issued by January 1, April 1, | 5 | | July 1, and October 1 of each year. The quarterly reports shall | 6 | | include the following information for each facility reflecting | 7 | | the period ending 15 days prior to the submission of the | 8 | | report: | 9 | | (1) the number of employees; | 10 | | (2) the number of workplace violence incidents that | 11 | | occurred, including the number that were a direct assault | 12 | | on employees by residents and the number that resulted from | 13 | | staff intervention in a resident altercation or other form | 14 | | of injurious behavior; | 15 | | (3) the number of employees impacted in each incident; | 16 | | and | 17 | | (4) the number of employee injuries resulting, | 18 | | descriptions of the nature of the injuries, the number of | 19 | | employee injuries requiring medical treatment at the | 20 | | facility, the number of employee injuries requiring | 21 | | outside medical treatment, and the number of days off work | 22 | | per injury. | 23 | | (d) The requirements in subsection (c) do not relieve the | 24 | | Department from the recordkeeping requirements of the | 25 | | Occupational Safety and Health Act. | 26 | | (e) The Department shall: |
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| 1 | | (1) establish a reasonable procedure for employees to | 2 | | report work-related assaults and injuries. A procedure is | 3 | | not reasonable if it would deter or discourage a reasonable | 4 | | employee from accurately reporting a workplace assault or | 5 | | injury; | 6 | | (2) inform each employee: | 7 | | (A) of the procedure for reporting work-related | 8 | | assaults and injuries; | 9 | | (B) of the right to report work-related assaults | 10 | | and injuries; and | 11 | | (C) that the Department is prohibited from | 12 | | discharging or in any manner discriminating against | 13 | | employees for reporting work-related assaults and | 14 | | injuries; and | 15 | | (3) not discharge, discipline, or in any manner | 16 | | discriminate against any employee for reporting a | 17 | | work-related assault or injury.
| 18 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 19 | | Section 15. The Unified Code of Corrections is amended by | 20 | | changing Sections 3-2.5-61 and 3-5-3.1 as follows: | 21 | | (730 ILCS 5/3-2.5-61) | 22 | | Sec. 3-2.5-61. Annual and other reports. | 23 | | (a) The Director shall make an annual report to the | 24 | | Governor and General Assembly concerning persons committed to |
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| 1 | | the Department, its institutions, facilities, and programs, of | 2 | | all moneys expended and received, and on what accounts expended | 3 | | and received no later than January 1 of each year. The report | 4 | | shall include the ethnic and racial background data, not | 5 | | identifiable to an individual, of all persons committed to the | 6 | | Department, its institutions, facilities, programs, and | 7 | | outcome measures established with the Juvenile Advisory Board. | 8 | | (b) The Department of Juvenile Justice shall, by January 1, | 9 | | April 1, July 1, and October 1 of each year, transmit to the | 10 | | Governor and General Assembly, a report which shall include the | 11 | | following information: | 12 | | (1) the number of youth in each of the Department's | 13 | | facilities and the number of youth on aftercare; | 14 | | (2) the demographics of sex, age, race and ethnicity, | 15 | | classification of offense, and geographic location where | 16 | | the offense occurred; | 17 | | (3) the educational and vocational programs provided | 18 | | at each facility and the number of residents participating | 19 | | in each program; | 20 | | (4) the present capacity levels in each facility; and | 21 | | (5) the ratio of the security staff to residents in | 22 | | each facility by federal Prison Rape Elimination Act (PREA) | 23 | | definitions ; . | 24 | | (6) the number of reported assaults on staff at each | 25 | | facility; | 26 | | (7) the number of reported incidents of youth sexual |
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| 1 | | aggression towards staff at each facility including sexual | 2 | | assault, residents exposing themselves, sexual touching, | 3 | | and sexually offensive language; and | 4 | | (8) the number of staff injuries resulting from youth | 5 | | violence at each facility including descriptions of the | 6 | | nature and location of the injuries, the number of staff | 7 | | injuries requiring medical treatment at the facility, the | 8 | | number of staff injuries requiring outside medical | 9 | | treatment and the number of days off work per injury. For | 10 | | purposes of this Section, the definition of assault on | 11 | | staff includes, but is not limited to, kicking, punching, | 12 | | knocking down, harming or threatening to harm with | 13 | | improvised weapons, or throwing urine or feces at staff. | 14 | | (c) The requirements in subsection (b) do not relieve the | 15 | | Department from the recordkeeping requirements of the | 16 | | Occupational Safety and Health Act. | 17 | | (d) The Department shall: | 18 | | (1) establish a reasonable procedure for employees to | 19 | | report work-related assaults and injuries. A procedure is | 20 | | not reasonable if it would deter or discourage a reasonable | 21 | | employee from accurately reporting a workplace assault or | 22 | | injury; | 23 | | (2) inform each employee: | 24 | | (A) of the procedure for reporting work-related | 25 | | assaults and injuries; | 26 | | (B) of the right to report work-related assaults |
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| 1 | | and injuries; and | 2 | | (C) that the Department is prohibited from | 3 | | discharging or in any manner discriminating against | 4 | | employees for reporting work-related assaults and | 5 | | injuries; and | 6 | | (3) not discharge, discipline or in any manner | 7 | | discriminate against any employee for reporting a | 8 | | work-related assault or injury.
| 9 | | (Source: P.A. 99-255, eff. 1-1-16 .)
| 10 | | (730 ILCS 5/3-5-3.1) (from Ch. 38, par. 1003-5-3.1)
| 11 | | Sec. 3-5-3.1. As used in this Section, "facility" includes | 12 | | any
facility of the Department of Corrections.
| 13 | | (a) The Department of Corrections shall, by
January 1st, | 14 | | April
1st, July 1st, and October 1st of each year, transmit to | 15 | | the General
Assembly, a report which shall include the | 16 | | following information reflecting the period
ending fifteen | 17 | | days prior to the submission of the report: ( 1) the number
of | 18 | | residents in all Department facilities indicating the number of
| 19 | | residents in each listed facility; ( 2) a classification of each | 20 | | facility's
residents by the nature of the offense for which | 21 | | each resident was
committed to the Department; ( 3) the number | 22 | | of residents in maximum, medium,
and minimum security | 23 | | facilities indicating the classification of each
facility's | 24 | | residents by the nature of the offense for which each resident
| 25 | | was committed to the Department; ( 4) the educational and |
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| 1 | | vocational programs
provided at each facility and the number of | 2 | | residents participating in each
such program; ( 5) the present | 3 | | design and rated capacity levels in each facility; ( 6) the
| 4 | | projected design and rated capacity of each facility six months | 5 | | and one year following each
reporting date; ( 7) the ratio of | 6 | | the security staff guards to residents in each
facility; ( 8) | 7 | | the ratio of total employees to residents in each facility; ( 9)
| 8 | | the number of residents in each facility that are single-celled | 9 | | and the
number in each facility that are double-celled; ( 10) | 10 | | information indicating
the distribution of residents in each | 11 | | facility by the allocated floor space
per resident; ( 11) a | 12 | | status of all capital projects currently funded by the
| 13 | | Department, location of each capital project, the projected | 14 | | on-line dates
for each capital project, including phase-in | 15 | | dates and full occupancy
dates; ( 12) the projected adult prison | 16 | | facility
populations of the Department for each of the | 17 | | succeeding
twelve months following each reporting date, | 18 | | indicating all assumptions
built into such population | 19 | | estimates; ( 13) the projected exits and projected
admissions in | 20 | | each facility for each of the succeeding twelve months
| 21 | | following each reporting date, indicating all assumptions | 22 | | built into such
population estimate; and ( 14) the locations of | 23 | | all Department-operated or
contractually operated community | 24 | | correctional centers, including the
present design and rated | 25 | | capacity and population levels at each facility ; (15) the | 26 | | number of reported assaults on employees at each facility; (16) |
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| 1 | | the number of reported incidents of resident sexual aggression | 2 | | towards employees at each facility including sexual assault, | 3 | | residents exposing themselves, sexual touching, and sexually | 4 | | offensive language; and (17) the number of employee injuries | 5 | | resulting from resident violence at each facility including | 6 | | descriptions of the nature of the injuries, the number of | 7 | | injuries requiring medical treatment at the facility, the | 8 | | number of injuries requiring outside medical treatment and the | 9 | | number of days off work per injury. For purposes of this | 10 | | Section, the definition of assault on staff includes, but is | 11 | | not limited to, kicking, punching, knocking down, harming or | 12 | | threatening to harm with improvised weapons, or throwing urine | 13 | | or feces at staff . | 14 | | (b) The requirements in subsection (a) do not relieve the | 15 | | Department from the recordkeeping requirements of the | 16 | | Occupational Safety and Health Act. | 17 | | (c) The Department shall: | 18 | | (1) establish a reasonable procedure for employees to | 19 | | report work-related assaults and injuries. A procedure is | 20 | | not reasonable if it would deter or discourage a reasonable | 21 | | employee from accurately reporting a workplace assault or | 22 | | injury; | 23 | | (2) inform each employee: | 24 | | (A) of the procedure for reporting work-related | 25 | | assaults and injuries; | 26 | | (B) of the right to report work-related assaults |
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| 1 | | and injuries; and | 2 | | (C) that the Department is prohibited from | 3 | | discharging or in any manner discriminating against | 4 | | employees for reporting work-related assaults and | 5 | | injuries; and | 6 | | (3) not discharge, discipline, or in any manner | 7 | | discriminate against any employee for reporting a | 8 | | work-related assault or injury.
| 9 | | (Source: P.A. 99-255, eff. 1-1-16 .)
| 10 | | Section 99. Effective date. This Act takes effect January | 11 | | 1, 2019.".
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