Full Text of HB1321 102nd General Assembly
HB1321ham001 102ND GENERAL ASSEMBLY | Rep. Lindsey LaPointe Filed: 4/4/2022
| | 10200HB1321ham001 | | LRB102 03336 AWJ 38566 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 1321
| 2 | | AMENDMENT NO. ______. Amend House Bill 1321 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the First | 5 | | Responder Mental Health Grant Program Act. | 6 | | Section 5. Legislative intent. | 7 | | (a) The General Assembly recognizes the difficult nature | 8 | | of the job of first responder, including trauma endured by | 9 | | first responders in the performance of their duties. | 10 | | (b) It is the intent of the General Assembly to ensure that | 11 | | first responders, including police, firefighters, emergency | 12 | | medical technicians, and public safety telecommunicators | 13 | | across this State have full access to supportive and | 14 | | responsive behavioral health services and treatment. | 15 | | (c) The General Assembly recognizes that these services | 16 | | should be responsive to the individual's needs and must be |
| | | 10200HB1321ham001 | - 2 - | LRB102 03336 AWJ 38566 a |
|
| 1 | | kept confidential. | 2 | | (d) The General Assembly recognizes that the | 3 | | administration and provision of these services both recognize | 4 | | and reduce the historical barrier of stigma and a lack of | 5 | | confidentiality that first responders face when attempting to | 6 | | access behavioral health services and treatment.
| 7 | | Section 10. Definitions. In this Act: | 8 | | "Behavioral health" means mental health, health relating | 9 | | to substance use, or both. | 10 | | "Behavioral health care" means services, treatment, | 11 | | medication, and other measures to overcome, mitigate, or | 12 | | prevent a behavioral health issue. These services, treatment, | 13 | | medication, and other measures qualify as "behavioral health | 14 | | care" even if there is no formal diagnosis of a specific | 15 | | condition. | 16 | | "Department" means the Department of Human Services. | 17 | | "First responder" means a law enforcement officer, | 18 | | firefighter, emergency medical services personnel as defined | 19 | | in Section 3.5 of the Emergency Medical Services (EMS) Systems | 20 | | Act, or public safety telecommunicator as defined in Section 2 | 21 | | of the Emergency Telephone Systems Act. | 22 | | "Record" means any record kept by a therapist or by an | 23 | | agency in the course of providing behavioral health care to a | 24 | | first responder concerning the first responder and the | 25 | | services provided. "Record" includes the personal notes of the |
| | | 10200HB1321ham001 | - 3 - | LRB102 03336 AWJ 38566 a |
|
| 1 | | therapist or agency. "Record" includes all records maintained | 2 | | by a court that have been created in connection with, in | 3 | | preparation for, or as a result of the filing of any petition | 4 | | or certificate under Chapter II, Chapter III, or Chapter IV of | 5 | | the Mental Health and Developmental Disabilities Code and | 6 | | includes the petitions, certificates, dispositional reports, | 7 | | treatment plans, and reports of diagnostic evaluations and of | 8 | | hearings under Article VIII of Chapter III or under Article V | 9 | | of Chapter IV of that Code. "Record" does not include | 10 | | information that has been de-identified in accordance with | 11 | | HIPAA, as specified in 45 CFR 164.514. "Record" does not | 12 | | include a reference to the receipt of behavioral health care | 13 | | noted during a patient history and physical or other summary | 14 | | of care. | 15 | | Section 15. First Responder Behavioral Health Grant | 16 | | Program. | 17 | | (a) Subject to appropriation, there is created within the | 18 | | Department of Human Services a First Responder Behavioral | 19 | | Health Grant Program to provide grants to the following | 20 | | recipients: | 21 | | (1) units of local government; | 22 | | (2) law enforcement agencies; | 23 | | (3) fire protection districts; | 24 | | (4) school districts; | 25 | | (5) public or private hospitals; or |
| | | 10200HB1321ham001 | - 4 - | LRB102 03336 AWJ 38566 a |
|
| 1 | | (6) ambulance services that employ first responders. | 2 | | (b) There is created a First Responder Behavioral Health | 3 | | Grant Fund in the State treasury that shall be used by the | 4 | | Secretary of Human Services to make grants to the eligible | 5 | | recipients as provided in subsection (a). | 6 | | (c) Recipients eligible for grants under this Section | 7 | | shall use the grants for expenses related to behavioral health | 8 | | care services for first responders, including, but not limited | 9 | | to, telehealth services. An employer may not reduce behavioral | 10 | | health care provided through a first responder's employee | 11 | | benefit package as a result of the receipt of grant funds under | 12 | | this Act. | 13 | | (d) All records, notes, and conclusions by a treatment | 14 | | provider providing behavioral health care to first responders | 15 | | whose employers receive grants under this Act shall not be | 16 | | shared with the employer unless otherwise mandated by law. | 17 | | (e) Applicants seeking grants under this Act shall apply | 18 | | to the Department in a form and manner prescribed by the | 19 | | Department. | 20 | | (f) The Department may adopt any rules necessary to | 21 | | implement this Act.
| 22 | | Section 80. The Illinois Police Training Act is amended by | 23 | | changing Section 6 and adding Section 6.8 as follows:
| 24 | | (50 ILCS 705/6) (from Ch. 85, par. 506)
|
| | | 10200HB1321ham001 | - 5 - | LRB102 03336 AWJ 38566 a |
|
| 1 | | Sec. 6. Powers and duties of the Board; selection and | 2 | | certification of schools. The Board shall select
and certify | 3 | | schools within the State of
Illinois for the purpose of | 4 | | providing basic training for probationary law enforcement
| 5 | | officers, probationary county corrections officers, and
court | 6 | | security officers and
of providing advanced or in-service | 7 | | training for permanent law enforcement officers
or permanent
| 8 | | county corrections officers, which schools may be either | 9 | | publicly or
privately owned and operated. In addition, the | 10 | | Board has the following
power and duties:
| 11 | | a. To require law enforcement agencies to furnish such | 12 | | reports and
information as the Board deems necessary to | 13 | | fully implement this Act.
| 14 | | b. To establish appropriate mandatory minimum | 15 | | standards
relating to the training of probationary local | 16 | | law enforcement officers
or probationary county | 17 | | corrections officers, and in-service training of permanent | 18 | | law enforcement officers.
| 19 | | c. To provide appropriate certification to those | 20 | | probationary
officers who successfully complete the | 21 | | prescribed minimum standard basic
training course.
| 22 | | d. To review and approve annual training curriculum | 23 | | for county sheriffs.
| 24 | | e. To review and approve applicants to ensure that no | 25 | | applicant is admitted
to a certified academy unless the | 26 | | applicant is a person of good character
and has not been |
| | | 10200HB1321ham001 | - 6 - | LRB102 03336 AWJ 38566 a |
|
| 1 | | convicted of, found guilty of, entered a plea of guilty | 2 | | to, or entered a plea of nolo contendere to a felony | 3 | | offense, any of the
misdemeanors in Sections 11-1.50, | 4 | | 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, | 5 | | 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1,
17-1, 17-2, | 6 | | 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in | 7 | | violation of any Section of Part E of Title III of the | 8 | | Criminal Code of 1961 or the Criminal Code of 2012, or | 9 | | subsection (a) of Section 17-32 of the Criminal Code of | 10 | | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | 11 | | the Cannabis Control Act, or a crime involving
moral
| 12 | | turpitude under the laws of this State or any other state | 13 | | which if
committed in this State would be punishable as a | 14 | | felony or a crime of
moral turpitude, or any felony or | 15 | | misdemeanor in violation of federal law or the law of any | 16 | | state that is the equivalent of any of the offenses | 17 | | specified therein. The Board may appoint investigators who | 18 | | shall enforce
the duties conferred upon the Board by this | 19 | | Act.
| 20 | | For purposes of this paragraph e, a person is | 21 | | considered to have been convicted of, found guilty of, or | 22 | | entered a plea of guilty to, plea of nolo contendere to | 23 | | regardless of whether the adjudication of guilt or | 24 | | sentence is withheld or not entered thereon. This includes | 25 | | sentences of supervision, conditional discharge, or first | 26 | | offender probation, or any similar disposition provided |
| | | 10200HB1321ham001 | - 7 - | LRB102 03336 AWJ 38566 a |
|
| 1 | | for by law. | 2 | | f. To establish statewide minimum standards regarding: | 3 | | (1) psychological screenings of recruit officers hired | 4 | | after the standards go into effect and annual | 5 | | psychological screenings of probationary and permanent | 6 | | officers; and (2) regular, confidential mental health | 7 | | counseling for probationary and permanent police officers | 8 | | in addition to the mental health counseling related to an | 9 | | officer's fitness for duty examinations To establish | 10 | | statewide standards for minimum standards regarding | 11 | | regular mental health screenings for probationary and | 12 | | permanent police officers, ensuring that counseling | 13 | | sessions and screenings remain confidential . | 14 | | g. To review and ensure all law enforcement officers | 15 | | remain in compliance with this Act, and any administrative | 16 | | rules adopted under this Act. | 17 | | h. To suspend any certificate for a definite period, | 18 | | limit or restrict any certificate, or revoke any | 19 | | certificate. | 20 | | i. The Board and the Panel shall have power to secure | 21 | | by its subpoena and bring before it any person or entity in | 22 | | this State and to take testimony either orally or by | 23 | | deposition or both with the same fees and mileage and in | 24 | | the same manner as prescribed by law in judicial | 25 | | proceedings in civil cases in circuit courts of this | 26 | | State. The Board and the Panel shall also have the power to |
| | | 10200HB1321ham001 | - 8 - | LRB102 03336 AWJ 38566 a |
|
| 1 | | subpoena the production of documents, papers, files, | 2 | | books, documents, and records, whether in physical or | 3 | | electronic form, in support of the charges and for | 4 | | defense, and in connection with a hearing or | 5 | | investigation. | 6 | | j. The Executive Director, the administrative law | 7 | | judge designated by the Executive Director, and each | 8 | | member of the Board and the Panel shall have the power to | 9 | | administer oaths to witnesses at any hearing that the | 10 | | Board is authorized to conduct under this Act and any | 11 | | other oaths required or authorized to be administered by | 12 | | the Board under this Act. | 13 | | k. In case of the neglect or refusal of any person to | 14 | | obey a subpoena issued by the Board and the Panel, any | 15 | | circuit court, upon application of the Board and the | 16 | | Panel, through the Illinois Attorney General, may order | 17 | | such person to appear before the Board and the Panel give | 18 | | testimony or produce evidence, and any failure to obey | 19 | | such order is punishable by the court as a contempt | 20 | | thereof. This order may be served by personal delivery, by | 21 | | email, or by mail to the address of record or email address | 22 | | of record. | 23 | | l. The Board shall have the power to administer state | 24 | | certification examinations. Any and all records related to | 25 | | these examinations, including, but not limited to, test | 26 | | questions, test formats, digital files, answer responses, |
| | | 10200HB1321ham001 | - 9 - | LRB102 03336 AWJ 38566 a |
|
| 1 | | answer keys, and scoring information shall be exempt from | 2 | | disclosure. | 3 | | (Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, | 4 | | Section 10-143, eff. 7-1-21; 101-652, Article 25, Section | 5 | | 25-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff. | 6 | | 1-7-22.) | 7 | | (50 ILCS 705/6.8 new) | 8 | | Sec. 6.8. Statewide minimum standards; psychological | 9 | | screenings; mental health counseling. | 10 | | (a) The statewide minimum standards established by the | 11 | | Board under paragraph f of Section 6 relating to psychological | 12 | | screenings and mental health counseling shall require, at a | 13 | | minimum, all of the following: | 14 | | (1) The standards shall require a law enforcement | 15 | | agency to perform a psychological screening on each | 16 | | recruit officer hired after the standards are in effect. | 17 | | The screening shall include an examination of personality | 18 | | traits that support resilience to the adverse environment | 19 | | in which law enforcement officers respond. The screening | 20 | | protocols shall focus on assessment tools to assess the | 21 | | overall resiliency of officers so as to take a proactive | 22 | | response to the psychological health of the law | 23 | | enforcement community. | 24 | | (2) The standards shall require a law enforcement | 25 | | agency to conduct a psychological screening of each new |
| | | 10200HB1321ham001 | - 10 - | LRB102 03336 AWJ 38566 a |
|
| 1 | | recruit officer immediately before and after returning | 2 | | from basic training school. These screenings shall | 3 | | identify the general growth and development of the | 4 | | recruit. If concerns are raised as to the health of the | 5 | | recruit, more specific testing and education on officer | 6 | | resilience shall be recommended. | 7 | | (3) The standards shall require a law enforcement | 8 | | agency to conduct a psychological screening of each | 9 | | probationary and permanent officer at least once annually, | 10 | | and those screenings shall also be used to evaluate the | 11 | | overall mental health of personnel and employees of the | 12 | | agency. These annual screenings shall be general and brief | 13 | | but allow for more detailed questions to be asked if | 14 | | certain metrics specified by the Board are displayed, such | 15 | | as a majority or substantial number of responses | 16 | | indicating the negative impact of lateral trauma, signs of | 17 | | depression or Post-Traumatic Stress Disorder, or other | 18 | | negative outcomes related to the officer's career. | 19 | | (4) The standards shall require a law enforcement | 20 | | agency to keep all psychological screenings confidential. | 21 | | Responses to all screening questions shall remain either | 22 | | anonymous or confidential when conducted internally by the | 23 | | employing law enforcement agency. These screenings shall | 24 | | not be used for any fitness or promotional matters. If an | 25 | | anonymous screening of an officer reveals items of serious | 26 | | concern, the law enforcement agency may not attempt to |
| | | 10200HB1321ham001 | - 11 - | LRB102 03336 AWJ 38566 a |
|
| 1 | | ascertain the identity of the responding officer. | 2 | | (5) The standards shall require a law enforcement | 3 | | agency to consider partnering with one or more third-party | 4 | | vendors to conduct and follow up on these screenings. | 5 | | Agencies shall also consider partnering with a third-party | 6 | | vendor to provide overall follow up of trends that may be | 7 | | identified by the screening outcomes to improve officer | 8 | | wellness and wellness of the law enforcement agency. | 9 | | (6) The standards shall require a law enforcement | 10 | | agency to make available critical incident stress | 11 | | management counselors or counseling options to | 12 | | probationary and permanent officers and shall require the | 13 | | law enforcement agency to encourage officers to attend | 14 | | sessions with a critical incident stress management | 15 | | counselor and the law enforcement agency shall ensure that | 16 | | there is not any stigma, negative consequences, or added | 17 | | financial burden for an officer attending critical | 18 | | incident stress counseling sessions, either socially or | 19 | | professionally, to the best of the law enforcement | 20 | | agency's ability. | 21 | | (b) Records of psychological screenings and mental health | 22 | | counseling sessions, as well as any portions of documents | 23 | | referencing the psychological screenings or mental health | 24 | | counseling sessions that contain a personally identifiable | 25 | | information of an officer who underwent the screening or | 26 | | counseling session, are exempt from disclosure under the |
| | | 10200HB1321ham001 | - 12 - | LRB102 03336 AWJ 38566 a |
|
| 1 | | Freedom of Information Act. | 2 | | Section 90. The State Finance Act is amended by adding | 3 | | Section 5.970 as follows: | 4 | | (30 ILCS 105/5.970 new) | 5 | | Sec. 5.970. The First Responder Behavioral Health Grant | 6 | | Fund. ".
|
|