Public Act 099-0314 Public Act 0314 99TH GENERAL ASSEMBLY |
Public Act 099-0314 | SB0563 Enrolled | LRB099 03011 JLK 23019 b |
|
| AN ACT concerning State government.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| (20 ILCS 415/19a rep.) | Section 3. The Personnel Code is amended by repealing | Section 19a. | Section 5. The Department of Veterans Affairs Act is | amended by changing Sections 1.2, 2, 2.01, 2.04, and 3 and | adding Section 2.12 as follows: | (20 ILCS 2805/1.2) | Sec. 1.2. Division of Women Veterans Affairs. Subject to | appropriations for this purpose, the Division of Women Veterans | Affairs is created as a Division within the Department. The | head of the Division shall serve as an Assistant Director of | Veterans' Affairs. The Division shall serve as an advocate for | women veterans, in recognition of the unique issues facing | women veterans. The Division shall assess the needs of women | veterans with respect to issues including, but not limited to, | compensation, rehabilitation, outreach, health care, and | issues facing women veterans in the community. The Division | shall review the Department's programs, activities, research | projects, and other initiatives designed to meet the needs of |
| women veterans and shall make recommendations to the Director | of Veterans' Affairs concerning ways to improve, modify, and | effect change in programs and services for women veterans.
| (Source: P.A. 96-94, eff. 7-27-09; 97-297, eff. 1-1-12.)
| (20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)
| Sec. 2. Powers and duties. The Department shall have the | following
powers and duties:
| To perform such acts at the request of any veteran, or his | or her spouse,
surviving spouse or dependents as shall be | reasonably necessary
or reasonably incident to obtaining or | endeavoring to obtain for the requester
any advantage, benefit | or emolument accruing or due to such person under
any law of | the United States, the State of Illinois or any other state or
| governmental agency by reason of the service of such veteran, | and in pursuance
thereof shall:
| (1) Contact veterans, their survivors and dependents | and advise them of
the benefits of state and federal laws | and assist them in obtaining such
benefits;
| (2) Establish field offices and direct the activities | of the personnel
assigned to such offices;
| (3) Create and maintain a volunteer field force ; the | volunteer field force may include representatives from the | following without limitation: of accredited | representatives,
representing educational institutions, | labor organizations, veterans
organizations, employers, |
| churches, and farm organizations; the volunteer field | force may not process federal veterans assistance claims;
| (4) Conduct informational and training services;
| (5) Conduct educational programs through newspapers, | periodicals , social media, television, and radio
for the | specific purpose of disseminating information affecting | veterans
and their dependents;
| (6) Coordinate the services and activities of all state | departments having
services and resources affecting | veterans and their dependents;
| (7) Encourage and assist in the coordination of | agencies within counties
giving service to veterans and | their dependents;
| (8) Cooperate with veterans organizations and other | governmental agencies;
| (9) Make, alter, amend and promulgate reasonable rules | and procedures for
the administration of this Act;
| (10) Make and publish annual reports to the Governor | regarding the
administration and general operation of the | Department;
| (11) (Blank); and | (12) (Blank).
| The Department may accept and hold on behalf of the State, | if for the
public interest, a grant, gift, devise or bequest of | money or property to
the Department made for the general | benefit of Illinois veterans,
including the conduct of |
| informational and training services by the Department
and other | authorized purposes of the Department. The Department shall | cause
each grant, gift, devise or bequest to be kept as a | distinct fund and shall
invest such funds in the manner | provided by the Public Funds Investment Act, as
now or | hereafter amended, and shall make such reports as may
be | required by the Comptroller concerning what funds are so held | and
the manner in which such funds are invested.
The Department | may make grants from these funds for the general benefit of
| Illinois veterans. Grants from these funds, except for the | funds established
under Sections 2.01a and 2.03, shall be | subject to appropriation.
| The Department has the power to make grants, from funds | appropriated from
the
Korean War Veterans National Museum and | Library Fund, to private organizations
for the benefit of the | Korean War Veterans National Museum and Library.
| The Department has the power to make grants, from funds | appropriated from the Illinois Military Family Relief Fund, for | benefits authorized under the Survivors Compensation Act.
| (Source: P.A. 97-297, eff. 1-1-12; 97-765, eff. 7-6-12.)
| (20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01)
| Sec. 2.01. Veterans Home admissions.
| (a) Any honorably discharged veteran
is entitled to | admission to an Illinois
Veterans Home if the applicant meets | the requirements of this Section.
|
| (b)
The veteran must: | (1) have served in the armed forces of the United | States at least
1 day in World War II, the Korean
Conflict, | the Viet Nam Campaign, or the Persian Gulf Conflict
between | the dates recognized by the U.S. Department of Veterans | Affairs or
between any other present or future dates | recognized by the U.S. Department of
Veterans Affairs as a | war period, or have served in a hostile fire
environment | and has been awarded a campaign or expeditionary medal
| signifying his or her service,
for purposes of eligibility | for domiciliary or
nursing home care; | (2) have served and been honorably discharged or | retired from the armed forces of the United States for a | service connected disability or injury, for purposes of | eligibility for domiciliary or
nursing home care; | (3) have served as an enlisted person at least 90 days | on active duty in the armed forces of the United States, | excluding service on active duty for training purposes | only, and entered active duty before September 8, 1980, for | purposes of eligibility for domiciliary or
nursing home | care; | (4) have served as an officer at least 90 days on | active duty in the armed forces of the United States, | excluding service on active duty for training purposes | only, and entered active duty before October 17, 1981, for | purposes of eligibility for domiciliary or
nursing home |
| care; | (5) have served on active duty in the armed forces of | the United States for 24 months of continuous service or | more, excluding active duty for training purposes only, and | enlisted after September 7, 1980, for purposes of | eligibility for domiciliary or
nursing home care; | (6) have served as a reservist in the armed forces of | the United States or the National Guard and the service | included being called to federal active duty, excluding | service on active duty for training purposes only, and who | completed the term,
for purposes of eligibility for | domiciliary or nursing home care;
| (7) have been discharged for reasons of hardship or | released from active duty due to a reduction in the United | States armed forces prior to the completion of the required | period of service, regardless of the actual time served, | for purposes of eligibility for domiciliary or nursing home | care; or
| (8) have served in the National Guard or Reserve Forces | of the
United States and completed 20 years of satisfactory | service, be
otherwise eligible to receive reserve or active | duty retirement
benefits, and have been an Illinois | resident for at least one year
before applying for | admission for purposes of eligibility
for domiciliary care | only.
| (c) The veteran must have service accredited to the State |
| of Illinois or
have been a resident of this State for one year | immediately
preceding the date of application.
| (d) For admission to the Illinois Veterans Homes at Anna | and
Quincy, the veteran must be disabled by disease, wounds, or | otherwise and because
of the disability be incapable of earning | a living.
| (e) For admission to the Illinois Veterans Homes at LaSalle | and Manteno,
the veteran must be disabled by disease, wounds, | or otherwise and, for purposes of eligibility
for nursing home | care, require nursing care because of the disability. | (f) An individual who served during a time of conflict as | set forth in subsection (a)(1) of this Section has preference | over all other qualifying candidates, for purposes of | eligibility for domiciliary or
nursing home care at any | Illinois Veterans Home.
| (g) A veteran or spouse, once admitted to an Illinois | Veterans Home facility, is considered a resident for | interfacility purposes. | (Source: P.A. 97-297, eff. 1-1-12.)
| (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
| Sec. 2.04.
There shall be established in the State Treasury | special funds
known as (i) the LaSalle Veterans Home Fund, (ii) | the Anna Veterans Home Fund,
(iii) the Manteno Veterans Home | Fund, and (iv) the Quincy Veterans Home
Fund.
All moneys | received by an Illinois Veterans Home from Medicare and from
|
| maintenance charges to veterans, spouses, and surviving | spouses residing at
that Home shall be paid into that Home's | Fund. All moneys
received from the
U.S. Department of Veterans | Affairs for patient care shall be transmitted to
the Treasurer | of the State for deposit in the Veterans Home Fund for the Home
| in which the veteran resides. Appropriations shall be made from | a Fund only
for the needs of the Home, including capital | improvements, building
rehabilitation, and repairs.
| The administrator of each Veterans Home shall establish a
| locally-held
member's benefits fund. The Director may | authorize the Veterans Home to conduct limited fundraising in | accordance with applicable laws and regulations for which the | sole purpose is to benefit the Veterans Home's member's | benefits fund. Revenues accruing to an Illinois Veterans Home,
| including any donations, grants for the operation of the Home, | profits from
commissary stores, and funds received from any | individual or other source , including limited fundraising ,
| shall be deposited into that Home's benefits fund. Expenditures | from the benefits funds
shall
be solely for the special | comfort, pleasure, and amusement of residents.
Contributors of | unsolicited private donations may specify the purpose for which
| the private donations are to be used.
| Upon request of the Department, the State's Attorney of the | county in which
a resident or living former resident of an | Illinois Veterans Home
who is liable under this Act
for payment | of sums representing maintenance charges resides shall file
an |
| action in a court of competent jurisdiction against any such | person who
fails or refuses to pay such sums. The court may | order the payment of sums
due to maintenance charges for such | period or periods of time as the
circumstances require.
| Upon the death of a person who is or has been a resident of | an
Illinois Veterans Home who is
liable for maintenance charges | and who is possessed of property, the
Department may present a | claim for such sum or for the balance due in
case less than the | rate prescribed under this Act has been paid. The
claim shall | be allowed and paid as other lawful claims against the estate.
| The administrator of each Veterans Home shall establish a
| locally-held
trust fund to maintain moneys held for residents. | Whenever the Department
finds it necessary to preserve order,
| preserve health, or enforce discipline, the resident shall | deposit in a
trust account at the Home such monies from any | source of income as may
be determined necessary, and | disbursement of these funds to the resident
shall be made only | by direction of the administrator.
| If a resident of an Illinois Veterans Home has a
dependent | child, spouse, or parent the administrator may
require that all | monies
received be deposited in a trust account with dependency | contributions
being made at the direction of the administrator. | The balance retained
in the trust account shall be disbursed to | the resident at the time of
discharge from the Home or to his | or her heirs or legal representative
at the time of the | resident's death, subject to Department regulations
or order of |
| the court.
| The Director of Central Management Services, with the
| consent of the Director of Veterans' Affairs, is authorized
and | empowered to lease or let any real property held by the | Department of
Veterans' Affairs for an Illinois Veterans Home | to entities or
persons upon terms and conditions which are | considered to be in the best
interest of that Home. The real | property must not be needed for any direct
or immediate purpose | of the Home. In any leasing or letting, primary
consideration | shall be given to the use of real property for agricultural
| purposes, and all moneys received shall be transmitted to the | Treasurer of
the State for deposit in the appropriate Veterans | Home Fund.
| (Source: P.A. 97-297, eff. 1-1-12.)
| (20 ILCS 2805/2.12 new) | Sec. 2.12. Cemeteries. The Department may operate | cemeteries at the Manteno Veterans Home and the Quincy Veterans | Home for interment of veterans or their spouses as identified | by the Department.
| (20 ILCS 2805/3) (from Ch. 126 1/2, par. 68)
| Sec. 3. The Department shall:
| 1. establish Establish an administrative office in | Springfield and a branch thereof in Chicago;
| 2. establish Establish such field offices as it shall find |
| necessary to enable it
to perform its duties; and
| 3. maintain Cause to be maintained, at its various offices, | case files containing
records of services rendered to each | applicant, service progress cards , and a follow-up
system to | facilitate the completion of each request.
| (Source: P.A. 79-376.)
| Section 10. The Nursing Home Care Act is amended by | changing Sections 2-201.5 and 3-101.5 and by adding Section | 3-202.6 as follows: | (210 ILCS 45/2-201.5) | Sec. 2-201.5. Screening prior to admission. | (a) All persons age 18 or older seeking admission to a | nursing
facility must be screened to
determine the need for | nursing facility services prior to being admitted,
regardless | of income, assets, or funding source. Screening for nursing | facility services shall be administered
through procedures | established by administrative rule. Screening may be done
by | agencies other than the Department as established by | administrative rule.
This Section applies on and after July 1, | 1996. No later than October 1, 2010, the Department of | Healthcare and Family Services, in collaboration with the | Department on Aging, the Department of Human Services, and the | Department of Public Health, shall file administrative rules | providing for the gathering, during the screening process, of |
| information relevant to determining each person's potential | for placing other residents, employees, and visitors at risk of | harm. | (a-1) Any screening performed pursuant to subsection (a) of
| this Section shall include a determination of whether any
| person is being considered for admission to a nursing facility | due to a
need for mental health services. For a person who | needs
mental health services, the screening shall
also include | an evaluation of whether there is permanent supportive housing, | or an array of
community mental health services, including but | not limited to
supported housing, assertive community | treatment, and peer support services, that would enable the | person to live in the community. The person shall be told about | the existence of any such services that would enable the person | to live safely and humanely and about available appropriate | nursing home services that would enable the person to live | safely and humanely, and the person shall be given the | assistance necessary to avail himself or herself of any | available services. | (a-2) Pre-screening for persons with a serious mental | illness shall be performed by a psychiatrist, a psychologist, a | registered nurse certified in psychiatric nursing, a licensed | clinical professional counselor, or a licensed clinical social | worker,
who is competent to (i) perform a clinical assessment | of the individual, (ii) certify a diagnosis, (iii) make a
| determination about the individual's current need for |
| treatment, including substance abuse treatment, and recommend | specific treatment, and (iv) determine whether a facility or a | community-based program
is able to meet the needs of the | individual. | For any person entering a nursing facility, the | pre-screening agent shall make specific recommendations about | what care and services the individual needs to receive, | beginning at admission, to attain or maintain the individual's | highest level of independent functioning and to live in the | most integrated setting appropriate for his or her physical and | personal care and developmental and mental health needs. These | recommendations shall be revised as appropriate by the | pre-screening or re-screening agent based on the results of | resident review and in response to changes in the resident's | wishes, needs, and interest in transition. | Upon the person entering the nursing facility, the | Department of Human Services or its designee shall assist the | person in establishing a relationship with a community mental | health agency or other appropriate agencies in order to (i) | promote the person's transition to independent living and (ii) | support the person's progress in meeting individual goals. | (a-3) The Department of Human Services, by rule, shall | provide for a prohibition on conflicts of interest for | pre-admission screeners. The rule shall provide for waiver of | those conflicts by the Department of Human Services if the | Department of Human Services determines that a scarcity of |
| qualified pre-admission screeners exists in a given community | and that, absent a waiver of conflicts, an insufficient number | of pre-admission screeners would be available. If a conflict is | waived, the pre-admission screener shall disclose the conflict | of interest to the screened individual in the manner provided | for by rule of the Department of Human Services. For the | purposes of this subsection, a "conflict of interest" includes, | but is not limited to, the existence of a professional or | financial relationship between (i) a PAS-MH corporate or a | PAS-MH agent and (ii) a community provider or long-term care | facility. | (b) In addition to the screening required by subsection | (a), a facility, except for those licensed as long term care | for under age 22 facilities, shall, within 24 hours after | admission, request a criminal history background check | pursuant to the Uniform Conviction Information Act for all | persons age 18 or older seeking admission to the facility, | unless a background check was initiated by a hospital pursuant | to subsection (d) of Section 6.09 of the Hospital Licensing Act | or a pre-admission background check was conducted by the | Department of Veterans' Affairs 30 days prior to admittance | into an Illinois Veterans Home . Background checks conducted | pursuant to this Section shall be based on the resident's name, | date of birth, and other identifiers as required by the | Department of State Police. If the results of the background | check are inconclusive, the facility shall initiate a |
| fingerprint-based check, unless the fingerprint check is | waived by the Director of Public Health based on verification | by the facility that the resident is completely immobile or | that the resident meets other criteria related to the | resident's health or lack of potential risk which may be | established by Departmental rule. A waiver issued pursuant to | this Section shall be valid only while the resident is immobile | or while the criteria supporting the waiver exist. The facility | shall provide for or arrange for any required fingerprint-based | checks to be taken on the premises of the facility. If a | fingerprint-based check is required, the facility shall | arrange for it to be conducted in a manner that is respectful | of the resident's dignity and that minimizes any emotional or | physical hardship to the resident. | (c) If the results of a resident's criminal history | background check reveal that the resident is an identified | offender as defined in Section 1-114.01, the facility shall do | the following: | (1) Immediately notify the Department of State Police, | in the form and manner required by the Department of State | Police, in collaboration with the Department of Public | Health, that the resident is an identified offender. | (2) Within 72 hours, arrange for a fingerprint-based | criminal history record inquiry to be requested on the | identified offender resident. The inquiry shall be based on | the subject's name, sex, race, date of birth, fingerprint |
| images, and other identifiers required by the Department of | State Police. The inquiry shall be processed through the | files of the Department of State Police and the Federal | Bureau of Investigation to locate any criminal history | record information that may exist regarding the subject. | The Federal Bureau of Investigation shall furnish to the | Department of State Police,
pursuant to an inquiry under | this paragraph (2),
any criminal history record | information contained in its
files. | The facility shall comply with all applicable provisions | contained in the Uniform Conviction Information Act. | All name-based and fingerprint-based criminal history | record inquiries shall be submitted to the Department of State | Police electronically in the form and manner prescribed by the | Department of State Police. The Department of State Police may | charge the facility a fee for processing name-based and | fingerprint-based criminal history record inquiries. The fee | shall be deposited into the State Police Services Fund. The fee | shall not exceed the actual cost of processing the inquiry. | (d) (Blank).
| (e) The Department shall develop and maintain a | de-identified database of residents who have injured facility | staff, facility visitors, or other residents, and the attendant | circumstances, solely for the purposes of evaluating and | improving resident pre-screening and assessment procedures | (including the Criminal History Report prepared under Section |
| 2-201.6) and the adequacy of Department requirements | concerning the provision of care and services to residents. A | resident shall not be listed in the database until a Department | survey confirms the accuracy of the listing. The names of | persons listed in the database and information that would allow | them to be individually identified shall not be made public. | Neither the Department nor any other agency of State government | may use information in the database to take any action against | any individual, licensee, or other entity, unless the | Department or agency receives the information independent of | this subsection (e). All information
collected, maintained, or | developed under the authority of this subsection (e) for the | purposes of the database maintained under this subsection (e) | shall be treated in the same manner as information that is | subject to Part 21 of Article VIII of the Code of Civil | Procedure. | (Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.) | (210 ILCS 45/3-101.5) | Sec. 3-101.5. Illinois Veterans Homes. An Illinois | Veterans Home licensed under this Act and operated by the | Illinois Department of Veterans' Affairs is exempt from the | license fee provisions of Section 3-103 of this Act and the | provisions of Sections 3-104 through 3-106, 3-202.5, 3-208, | 3-302, 3-303, and 3-401 through 3-423, 3-503 through 3-517 , and | 3-603 through 3-607 of this Act. A monitor or receiver shall be |
| placed in an Illinois Veterans Home only by court order or by | agreement between the Director of Public Health, the Director | of Veterans' Affairs, and the Secretary of the United States | Department of Veterans Affairs.
| (Source: P.A. 96-703, eff. 8-25-09.) | (210 ILCS 45/3-202.6 new) | Sec. 3-202.6. Department of Veterans' Affairs facility
| plan review. | (a) Before commencing construction of a new facility or | specified types of alteration or additions to an existing | long-term care facility involving major construction, as | defined by rule by the Department, with an estimated cost | greater than $100,000, architectural drawings and | specifications for the facility shall be submitted to the | Department for review. A facility may submit architectural | drawings and specifications for other construction projects | for Department review according to subsection (b) of this | Section. Review of drawings and specifications shall be | conducted by an employee of the Department meeting the | qualifications established by the Department of Central | Management Services class specifications for such an | individual's position or by a person contracting with the | Department who meets those class specifications. | (b) The Department shall inform an applicant in writing
| within 15 working days after receiving drawings and |
| specifications from the applicant whether the applicant's | submission is complete or incomplete. Failure to provide the | applicant with this notice within 15 working days after | receiving drawings and specifications from the applicant shall | result in the submission being deemed complete for purposes of | initiating the 60-working-day review period under this | Section. If the submission is incomplete, the Department shall | inform the applicant of the deficiencies with the submission in | writing. | If the submission is complete, the Department shall approve | or disapprove drawings and specifications submitted to the
| Department no later than 60 working days following receipt by | the Department. The drawings and specifications shall be of | sufficient detail, as provided by Department rule, to enable | the Department to render a determination of compliance with | design and construction standards under this Act. If the | Department finds that the drawings are not of sufficient detail | for it to render a determination of compliance, the plans shall | be determined to be incomplete and shall not be considered for | purposes of initiating the 60-working-day review period. If a | submission of drawings and specifications is incomplete, the | applicant may submit additional information. The | 60-working-day review period shall not commence until the | Department determines that a submission of drawings and | specifications is complete or the submission is deemed | complete. If the Department has not approved or disapproved the |
| drawings and specifications within 60 working days after | receipt by the Department, the construction, major alteration, | or addition shall be deemed approved. If the
drawings and | specifications are disapproved, the Department
shall state in | writing, with specificity, the reasons for the disapproval. The | entity submitting the drawings and specifications may submit | additional information in response to the written comments from | the Department or request a reconsideration of the disapproval. | A final decision of approval or disapproval shall be made | within 45 working days after the receipt of the additional | information or reconsideration request. If denied, the | Department shall state the specific reasons for the denial. | (c) The Department shall provide written approval for | occupancy pursuant to subsection (e) of this Section and shall | not issue a violation to a facility as a result of a licensure | or complaint survey based upon the facility's physical | structure if: | (1) the Department reviewed and approved or is deemed | to have approved the drawings and specifications for | compliance with design and construction standards; | (2) the construction, major alteration, or addition | was built as submitted; | (3) the law or rules have not been amended since the | original approval; and | (4) the conditions at the facility indicate that there | is a reasonable degree of safety provided for the |
| residents. | (d) The Department shall not charge a fee in connection | with its reviews to the Department of Veterans' Affairs. | (e) The Department shall conduct an on-site inspection of
| the completed project no later than 45 working days after | notification from the applicant that the project has been | completed and all certifications required by the Department | have been received and accepted by the Department. The | Department may extend this deadline if a federally mandated | survey time frame takes precedence. The Department shall | provide written approval for occupancy to the applicant within | 7 working days after the Department's final inspection, | provided the applicant has demonstrated substantial compliance | as defined by Department rule. Occupancy of new major | construction is prohibited until Department approval is | received, unless the Department has not acted within the time | frames provided in this subsection (e), in which case the | construction shall be deemed approved. Occupancy shall be | authorized after any required health inspection by the | Department has been conducted. | (f) The Department shall establish, by rule, an expedited
| process for emergency repairs or replacement of like equipment. | (g) Nothing in this Section shall be construed to apply to
| maintenance, upkeep, or renovation that does not affect the | structural integrity or fire or life safety of the building, | does not add beds or services over the number for which the |
| long-term care facility is licensed, and provides a reasonable | degree of safety for the residents. | (h) If the number of licensed facilities increases or the | number of beds for the currently licensed facilities increases, | the Department has the right to reassess the mandated time | frames listed in this Section. | Section 15. The Veterans and Servicemembers Court
| Treatment Act is amended by changing Sections 10 and 25 as | follows: | (730 ILCS 167/10)
| Sec. 10. Definitions. In this Act: | "Combination Veterans and Servicemembers Court program" | means a court program that
includes a pre-adjudicatory and a | post-adjudicatory Veterans and Servicemembers court
program.
| "Court" means Veterans and Servicemembers Court. | "IDVA" means the Illinois Department of Veterans' Affairs. | "Peer recovery coach" means a volunteer veteran mentor | assigned to a veteran or servicemember during participation in | a veteran treatment court program who has been trained and | certified by the court to guide and mentor the participant to | successfully complete the assigned requirements. | "Post-adjudicatory Veterans and Servicemembers Court | Program" means a program in
which the defendant has admitted | guilt or has been found guilty and agrees, along with the
|
| prosecution, to enter a Veterans and Servicemembers Court | program as part of the defendant's
sentence.
| "Pre-adjudicatory Veterans and Servicemembers Court | Program" means a program that
allows the defendant with the | consent of the prosecution, to expedite the defendant's | criminal
case before conviction or before filing of a criminal | case and requires successful completion of
the Veterans and | Servicemembers Court programs as part of the agreement.
| "Servicemember" means a person who is currently serving in | the Army, Air Force,
Marines, Navy, or Coast Guard on active | duty, reserve status or in the National Guard.
| "VA" means the United States Department of Veterans' | Affairs. | "Veteran" means a person who served in the active military, | naval, or air service and who
was discharged or released | therefrom under conditions other than dishonorable.
| "Veterans and Servicemembers Court professional" means a | member of the Veterans and
Servicemembers Court team, including | but not limited to a judge, prosecutor, defense
attorney, | probation officer, coordinator, treatment provider, or peer | recovery coach.
| "Veterans and Servicemembers Court" means a court or | program with an immediate and
highly structured judicial | intervention process for substance abuse treatment, mental | health, or
other assessed treatment needs of eligible veteran | and servicemember defendants that brings
together substance |
| abuse professionals, mental health professionals, VA | professionals, local
social programs and intensive judicial | monitoring in accordance with the nationally
recommended 10 key | components of drug courts.
| (Source: P.A. 96-924, eff. 6-14-10; 97-946, eff. 8-13-12.) | (730 ILCS 167/25)
| Sec. 25. Procedure. | (a) The Court shall order the defendant to submit to an | eligibility screening and an
assessment through the VA and/or | the IDVA to provide information on the defendant's veteran
or | servicemember status.
| (b) The Court shall order the defendant to submit to an | eligibility screening and mental
health and drug/alcohol | screening and assessment of the defendant by the VA or by the | IDVA to
provide assessment services for Illinois Courts. The | assessment shall include a risks
assessment and be based, in | part, upon the known availability of treatment resources | available to
the Veterans and Servicemembers Court. The | assessment shall also include recommendations
for treatment of | the conditions which are indicating a need for treatment under | the monitoring
of the Court and be reflective of a level of | risk assessed for the individual seeking admission. An
| assessment need not be ordered if the Court finds a valid | screening and/or assessment related to
the present charge | pending against the defendant has been completed within the |
| previous 60
days.
| (c) The judge shall inform the defendant that if the | defendant fails to meet the conditions
of the Veterans and | Servicemembers Court program, eligibility to participate in | the program may
be revoked and the defendant may be sentenced | or the prosecution continued as provided in the
Unified Code of | Corrections for the crime charged.
| (d) The defendant shall execute a written agreement with | the Court as to his or her
participation in the program and | shall agree to all of the terms and conditions of the program,
| including but not limited to the possibility of sanctions or | incarceration for failing to abide or
comply with the terms of | the program.
| (e) In addition to any conditions authorized under the | Pretrial Services Act and Section 5-6-3 of the Unified Code of | Corrections, the Court may order the defendant to complete | substance
abuse treatment in an outpatient, inpatient, | residential, or jail-based custodial treatment program,
order | the defendant to complete mental health counseling in an | inpatient or outpatient basis,
comply with physicians' | recommendation regarding medications and all follow up | treatment.
This treatment may include but is not limited to | post-traumatic stress disorder, traumatic brain
injury and | depression.
| (f) The Court may establish a mentorship program that | provides access and support to program participants by peer |
| recovery coaches. Courts shall be responsible to administer the | mentorship program with the support of volunteer veterans and | local veteran service organizations. Peer recovery coaches | shall be trained and certified by the Court prior to being | assigned to participants in the program. | (Source: P.A. 96-924, eff. 6-14-10.) | Section 20. The Illinois Human Rights Act is amended by | adding Section 2-106 as follows: | (775 ILCS 5/2-106 new) | Sec. 2-106. Interagency Committee on Employees with
| Disabilities. | (A) As used in this Section: | "State agency" means all officers, boards, commissions, | and agencies created by the Constitution in the executive | branch; all officers, departments, boards, commissions, | agencies, institutions, authorities, universities, bodies | politic and corporate of the State; and administrative units or | corporate outgrowths of the State government which are created | by or pursuant to statute, other than units of local government | and their officers, school districts, and boards of election | commissioners; all administrative units and corporate | outgrowths of the above and as may be created by executive | order of the Governor. | "State employee" means an employee of a State agency. |
| (B) The Interagency Committee on Employees with
| Disabilities, created under repealed Section 19a of the | Personnel Code, is continued as set forth in this Section. The | Committee is composed of 18 members as follows: the Chairperson | of the Civil
Service Commission or his or her designee, the | Director of Veterans' Affairs or his or her designee, the
| Director of Central Management Services or his or her designee, | the Secretary of Human Services or his or her designee, the
| Director of Human Rights or his or her designee, the Director | of the Illinois Council on Developmental Disabilities or his or | her designee, the Lieutenant Governor or his or her designee, | the Attorney General or his or her designee, the Secretary of | State or his or her designee, the State Comptroller or his or | her designee, the State Treasurer or his or her designee, and 7 | State employees with disabilities appointed by and
serving at | the pleasure of the Governor. | (C) The Director of Human Rights and the Secretary of Human
| Services shall serve as
co-chairpersons of the Committee. The | Committee shall meet as often as it
deems necessary, but in no | case less than 6 times annually at the call of the
| co-chairpersons. Notice shall be given to the members in | writing in advance of
a scheduled meeting. | (D) The Department of Human Rights shall provide | administrative support to the Committee. | (E) The purposes and functions of the Committee are: (1) to | provide a
forum where problems of general concern to State |
| employees with
disabilities can be raised and methods of their | resolution can be suggested
to the appropriate State agencies; | (2) to provide a
clearinghouse of information for State | employees with disabilities by
working with those agencies to | develop and retain such information; (3) to
promote affirmative | action efforts pertaining to the employment of
persons with | disabilities by State agencies; and (4) to recommend, where
| appropriate, means of strengthening the affirmative action | programs for
employees with disabilities in State agencies. | (F) The Committee
shall annually make
a complete report to | the General Assembly on the Committee's achievements
and | accomplishments. Such report may also include an evaluation by | the
Committee of the effectiveness of the hiring and | advancement practices in
State government. | (G) This amendatory Act of the 99th General Assembly is not | intended to
disqualify any current member of the Committee from | continued membership
on the Committee in accordance with the | terms of this Section or the member's
appointment.
| Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 08/07/2015
|