Illinois General Assembly - Full Text of Public Act 094-0752
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Public Act 094-0752


 

Public Act 0752 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0752
 
HB4785 Enrolled LRB094 18853 DRJ 54282 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    (210 ILCS 28/85 rep.)
    Section 5. The Abuse Prevention Review Team Act is amended
by repealing Section 85.
 
    Section 10. The Nursing Home Care Act is amended by
changing Sections 2-110, 2-201.5, and 2-216 and by adding
Section 2-201.6 as follows:
 
    (210 ILCS 45/2-110)  (from Ch. 111 1/2, par. 4152-110)
    Sec. 2-110. (a) Any employee or agent of a public agency,
any representative of a community legal services program or any
other member of the general public shall be permitted access at
reasonable hours to any individual resident of any facility,
but only if there is neither a commercial purpose nor effect to
such access and if the purpose is to do any of the following:
        (1) Visit, talk with and make personal, social and
    legal services available to all residents;
        (2) Inform residents of their rights and entitlements
    and their corresponding obligations, under federal and
    State laws, by means of educational materials and
    discussions in groups and with individual residents;
        (3) Assist residents in asserting their legal rights
    regarding claims for public assistance, medical assistance
    and social security benefits, as well as in all other
    matters in which residents are aggrieved. Assistance may
    include counseling and litigation; or
        (4) Engage in other methods of asserting, advising and
    representing residents so as to extend to them full
    enjoyment of their rights.
    (a-5) If a resident of a licensed facility is an identified
offender, any federal, State, or local law enforcement officer
or county probation officer shall be permitted reasonable
access to the individual resident to verify compliance with the
requirements of the Sex Offender Registration Act, to verify
compliance with the requirements of Public Act 94-163 and this
amendatory Act of the 94th General Assembly, or to verify
compliance with applicable terms of probation, parole, or
mandatory supervised release.
    (b) All persons entering a facility under this Section
shall promptly notify appropriate facility personnel of their
presence. They shall, upon request, produce identification to
establish their identity. No such person shall enter the
immediate living area of any resident without first identifying
himself and then receiving permission from the resident to
enter. The rights of other residents present in the room shall
be respected. A resident may terminate at any time a visit by a
person having access to the resident's living area under this
Section.
    (c) This Section shall not limit the power of the
Department or other public agency otherwise permitted or
required by law to enter and inspect a facility.
    (d) Notwithstanding paragraph (a) of this Section, the
administrator of a facility may refuse access to the facility
to any person if the presence of that person in the facility
would be injurious to the health and safety of a resident or
would threaten the security of the property of a resident or
the facility, or if the person seeks access to the facility for
commercial purposes. Any person refused access to a facility
may within 10 days request a hearing under Section 3-703. In
that proceeding, the burden of proof as to the right of the
facility to refuse access under this Section shall be on the
facility.
(Source: P.A. 94-163, eff. 7-11-05.)
 
    (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. In addition, any person
who seeks to become eligible for medical assistance from the
Medical Assistance Program under the Illinois Public Aid Code
to pay for long term care services while residing in a facility
must be screened prior to receiving those benefits. 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.
    (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.
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.
    A facility, except for those licensed as long term care for
under age 22 facilities, shall, within 60 days after the
effective date of this amendatory Act of the 94th General
Assembly, request a criminal history background check pursuant
to the Uniform Conviction Information Act for all persons who
are residents of the facility on the effective date of this
amendatory Act of the 94th General Assembly. The facility shall
review the results of the criminal history background checks
immediately upon receipt thereof. If the results of the
background check are inconclusive, the facility shall initiate
a fingerprint-based check unless the fingerprint-based 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
immediately fax the resident's name and criminal history
information to the Illinois Department of Public Health, which
shall conduct a Criminal History Analysis pursuant to Section
2-201.6. The Criminal History Analysis shall be conducted
independently of the Illinois Department of Public Health's
Office of Healthcare Regulation. The Office of Healthcare
Regulation shall have no involvement with the process of
reviewing or analyzing the criminal history of identified
offenders.
    (d) The Illinois Department of Public Health shall keep a
continuing record of all residents determined to be identified
offenders under Section 1-114.01 and shall report the number of
identified offender residents annually to the General
Assembly. identified offenders who seek admission to a licensed
facility shall not be admitted unless the licensed facility
complies with the requirements of the Department's
administrative rules adopted pursuant to Section 3-202.3.
(Source: P.A. 94-163, eff. 7-11-05.)
 
    (210 ILCS 45/2-201.6 new)
    Sec. 2-201.6. Criminal History Analysis.
    (a) The Department shall immediately commence a Criminal
History Analysis when it receives information, through the
criminal history background check required pursuant to
subsection (b) of Section 2-201.5 or through any other means,
that a resident of a facility is an identified offender.
    (b) The Department shall complete the Criminal History
Analysis as soon as practicable, but not later than 14 days
after receiving notice from the facility under subsection (a).
    (c) The Criminal History Analysis shall include, but not be
limited to, all of the following:
        (1) Consultation with the identified offender's
    assigned parole agent or probation officer, if applicable.
        (2) Consultation with the convicting prosecutor's
    office.
        (3) A review of the statement of facts, police reports,
    and victim impact statements, if available.
        (4) An interview with the identified offender.
        (5) Consultation with the facility administrator or
    facility medical director, or both, regarding the physical
    condition of the identified offender.
        (6) Consideration of the entire criminal history of the
    offender, including the date of the identified offender's
    last conviction relative to the date of admission to a
    long-term care facility.
        (7) If the identified offender is a convicted or
    registered sex offender, a review of any and all sex
    offender evaluations conducted on that offender. If there
    is no sex offender evaluation available, the Department
    shall provide for a sex offender evaluation to be conducted
    on the identified offender. If the convicted or registered
    sex offender is under supervision by the Illinois
    Department of Corrections or a county probation
    department, the sex offender evaluation shall be arranged
    by and at the expense of the supervising agency. All
    evaluations conducted on convicted or registered sex
    offenders under this Act shall be conducted by sex offender
    evaluators approved by the Sex Offender Management Board.
    (d) The Department shall prepare a Criminal History
Analysis Report based on the analysis conducted pursuant to
subsection (c). The Report shall include a summary of the Risk
Analysis and shall detail whether and to what extent the
identified offender's criminal history necessitates the
implementation of security measures within the long-term care
facility. If the identified offender is a convicted or
registered sex offender or if the Department's Criminal History
Analysis reveals that the identified offender poses a
significant risk of harm to others within the facility, the
offender shall be required to have his or her own room within
the facility.
    (e) The Criminal History Analysis Report shall promptly be
provided to the following:
        (1) The long-term care facility within which the
    identified offender resides.
        (2) The Chief of Police of the municipality in which
    the facility is located.
        (3) The State of Illinois Long Term Care Ombudsman.
    (f) The facility shall incorporate the Criminal History
Analysis Report into the identified offender's care plan
created pursuant to 42 CFR 483.20.
    (g) If, based on the Criminal History Analysis Report, a
facility determines that it cannot manage the identified
offender resident safely within the facility, it shall commence
involuntary transfer or discharge proceedings pursuant to
Section 3-402.
    (h) Except for willful and wanton misconduct, any person
authorized to participate in the development of a Criminal
History Analysis or Criminal History Analysis Report is immune
from criminal or civil liability for any acts or omissions as
the result of his or her good faith effort to comply with this
Section.
 
    (210 ILCS 45/2-216)
    Sec. 2-216. Notification of identified offenders. Every
licensed facility shall provide to every prospective and
current resident and resident's guardian, and to every facility
employee, a written notice, prescribed by the Illinois
Department of Public Health, advising the resident, guardian,
or employee of his or her right to ask whether any residents of
the facility are identified offenders. The notice shall also be
prominently posted within every licensed facility. The notice
shall include a statement that information regarding
registered sex offenders may be obtained from the Illinois
State Police website and that information regarding persons
serving terms of parole or mandatory supervised release may be
obtained from the Illinois Department of Corrections website.
If identified offenders are residents of the licensed facility,
the licensed facility shall notify every resident or resident's
guardian in writing that such offenders are residents of the
licensed facility. The licensed facility shall also provide
notice to its employees and to visitors to the facility that
identified offenders are residents.
(Source: P.A. 94-163, eff. 7-11-05.)
 
    (210 ILCS 45/3-202.3 rep.)
    (210 ILCS 45/3-202.4 rep.)
    Section 11. The Nursing Home Care Act is amended by
repealing Sections 3-202.3 and 3-202.4.
 
    Section 15. The Probation and Probation Officers Act is
amended by changing Section 12 as follows:
 
    (730 ILCS 110/12)  (from Ch. 38, par. 204-4)
    Sec. 12. The duties of probation officers shall be:
    (1) To investigate as required by Section 5-3-1 of the
"Unified Code of Corrections", approved July 26, 1972, as
amended, the case of any person to be placed on probation. Full
opportunity shall be afforded a probation officer to confer
with the person under investigation when such person is in
custody.
    (2) To notify the court of any previous conviction for
crime or previous probation of any defendant invoking the
provisions of this Act.
    (3) All reports and notifications required in this Act to
be made by probation officers shall be in writing and shall be
filed by the clerk in the respective cases.
    (4) To preserve complete and accurate records of cases
investigated, including a description of the person
investigated, the action of the court with respect to his case
and his probation, the subsequent history of such person, if he
becomes a probationer, during the continuance of his probation,
which records shall be open to inspection by any judge or by
any probation officer pursuant to order of court, but shall not
be a public record, and its contents shall not be divulged
otherwise than as above provided, except upon order of court.
    (5) To take charge of and watch over all persons placed on
probation under such regulations and for such terms as may be
prescribed by the court, and giving to each probationer full
instructions as to the terms of his release upon probation and
requiring from him such periodical reports as shall keep the
officer informed as to his conduct.
    (6) To develop and operate programs of reasonable public or
community service for any persons ordered by the court to
perform public or community service, providing, however, that
no probation officer or any employee of a probation office
acting in the course of his official duties shall be liable for
any tortious acts of any person performing public or community
service except for wilful misconduct or gross negligence on the
part of the probation officer or employee.
    (7) When any person on probation removes from the county
where his offense was committed, it shall be the duty of the
officer under whose care he was placed to report the facts to
the probation officer in the county to which the probationer
has removed; and it shall thereupon become the duty of such
probation officer to take charge of and watch over said
probationer the same as if the case originated in that county;
and for that purpose he shall have the same power and authority
over said probationer as if he had been originally placed in
said officer's charge; and such officer shall be required to
report in writing every 6 months, or more frequently upon
request the results of his supervision to the probation officer
in whose charge the said probationer was originally placed by
the court.
    (8) To authorize travel permits to individuals under their
supervision unless otherwise ordered by the court.
    (9) To perform such other duties as are provided for in
this act or by rules of court and such incidental duties as may
be implied from those expressly required.
    (10) To send written notification to a public housing
agency if a person on probation for a felony who is under the
supervision of the probation officer informs the probation
officer that he or she has resided, resides, or will reside at
an address that is a housing facility owned, managed, operated,
or leased by that public housing agency.
    (11) If a person on probation for a felony offense who is
under the supervision of the probation officer becomes a
resident of a facility licensed or regulated by the Department
of Public Health, the Illinois Department of Public Aid, or
Illinois Department of Human Services, the probation officer
shall within 3 days of the person becoming a resident, notify
the licensing or regulating Department and licensed or
regulated facility and shall provide the licensed or regulated
facility and licensing or regulating Department with copies of
the following:
        (a) (blank) pre-sentence investigation reports or
    social investigation reports;
        (b) any applicable probation orders and corresponding
    compliance plans;
        (c) the name and contact information for the assigned
    probation officer.
(Source: P.A. 94-163, eff. 7-11-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/10/2006