Bill Amendment: IL HB4895 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: MHDDAA-REPORTS-STATE-MENT&DEV

Status: 2019-01-08 - Session Sine Die [HB4895 Detail]

Download: Illinois-2017-HB4895-House_Amendment_001.html

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Rep. Michael Halpin

Filed: 3/8/2018

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AMENDMENT TO HOUSE BILL 4895
AMENDMENT NO. ______. Amend House Bill 4895 by replacing
everything after the enacting clause with the following:
"Section 5. The Children and Family Services Act is amended
by adding Section 41 as follows:
(20 ILCS 505/41 new)
Sec. 41. Department of Children and Family Services to
submit quarterly reports to the General Assembly.
(a) The Department of Children and Family Services shall,
by January 1, April 1, July 1, and October 1 of each year,
transmit to the General Assembly, a report that shall include
the following information reflecting the period ending 15 days
prior to the submission of the report:
(1) the number of assaults on or threats against
employees in the line of duty by service region;
(2) the number of employee injuries resulting from

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assaults in the line of duty; and
(3) descriptions of the nature of each injury, the
number of injuries requiring medical treatment, and the
number of days off work per injury.
(b) The requirements in subsection (a) do not relieve the
Department from the recordkeeping requirements of the
Occupational Safety and Health Act.
(c) The Department shall:
(1) establish a reasonable procedure for employees to
report work-related assaults and injuries. A procedure is
not reasonable if it would deter or discourage a reasonable
employee from accurately reporting a workplace assault or
injury;
(2) inform each employee:
(A) of the procedure for reporting work-related
assaults and injuries;
(B) of the right to report work-related assaults
and injuries; and
(C) that the Department is prohibited from
discharging or in any manner discriminating against
employees for reporting work-related assaults and
injuries; and
(3) not discharge, discipline, or in any manner
discriminate against any employee for reporting a
work-related assault or injury.

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Section 10. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
4 as follows:
(20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
Sec. 4. Supervision of facilities and services; quarterly
reports.
(a) To exercise executive and administrative supervision
over all facilities, divisions, programs and services now
existing or hereafter acquired or created under the
jurisdiction of the Department, including, but not limited to,
the following:
The Alton Mental Health Center, at Alton
The Clyde L. Choate Mental Health and Developmental
Center, at Anna
The Chester Mental Health Center, at Chester
The Chicago-Read Mental Health Center, at Chicago
The Elgin Mental Health Center, at Elgin
The Metropolitan Children and Adolescents Center, at
Chicago
The Jacksonville Developmental Center, at Jacksonville
The Governor Samuel H. Shapiro Developmental Center,
at Kankakee
The Tinley Park Mental Health Center, at Tinley Park
The Warren G. Murray Developmental Center, at
Centralia

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The Jack Mabley Developmental Center, at Dixon
The Lincoln Developmental Center, at Lincoln
The H. Douglas Singer Mental Health and Developmental
Center, at Rockford
The John J. Madden Mental Health Center, at Chicago
The George A. Zeller Mental Health Center, at Peoria
The Andrew McFarland Mental Health Center, at
Springfield
The Adolf Meyer Mental Health Center, at Decatur
The William W. Fox Developmental Center, at Dwight
The Elisabeth Ludeman Developmental Center, at Park
Forest
The William A. Howe Developmental Center, at Tinley
Park
The Ann M. Kiley Developmental Center, at Waukegan.
(b) Beginning not later than July 1, 1977, the Department
shall cause each of the facilities under its jurisdiction which
provide in-patient care to comply with standards, rules and
regulations of the Department of Public Health prescribed under
Section 6.05 of the Hospital Licensing Act.
(b-5) The Department shall cause each of the facilities
under its jurisdiction that provide in-patient care to comply
with Section 6.25 of the Hospital Licensing Act.
(c) The Department shall issue quarterly reports to the
General Assembly on admissions, deflections, discharges, bed
closures, staff-resident ratios, census, average length of

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stay, and any adverse federal certification or accreditation
findings, if any, for each State-operated facility for the
mentally ill and for persons with developmental disabilities.
The quarterly reports shall be issued by January 1, April 1,
July 1, and October 1 of each year. The quarterly reports shall
include the following information for each facility reflecting
the period ending 15 days prior to the submission of the
report:
(1) the number of employees;
(2) the number of workplace violence incidents that
occurred, including the number that were a direct assault
on employees by residents and the number that resulted from
staff intervention in a resident altercation or other form
of injurious behavior;
(3) the number of employees impacted in each incident;
and
(4) the number of employee injuries resulting,
descriptions of the nature of the injuries, the number of
employee injuries requiring medical treatment at the
facility, the number of employee injuries requiring
outside medical treatment, and the number of days off work
per injury.
(d) The requirements in subsection (c) do not relieve the
Department from the recordkeeping requirements of the
Occupational Safety and Health Act.
(e) The Department shall:

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(1) establish a reasonable procedure for employees to
report work-related assaults and injuries. A procedure is
not reasonable if it would deter or discourage a reasonable
employee from accurately reporting a workplace assault or
injury;
(2) inform each employee:
(A) of the procedure for reporting work-related
assaults and injuries;
(B) of the right to report work-related assaults
and injuries; and
(C) that the Department is prohibited from
discharging or in any manner discriminating against
employees for reporting work-related assaults and
injuries; and
(3) not discharge, discipline, or in any manner
discriminate against any employee for reporting a
work-related assault or injury.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 15. The Unified Code of Corrections is amended by
changing Sections 3-2.5-61 and 3-5-3.1 as follows:
(730 ILCS 5/3-2.5-61)
Sec. 3-2.5-61. Annual and other reports.
(a) The Director shall make an annual report to the
Governor and General Assembly concerning persons committed to

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the Department, its institutions, facilities, and programs, of
all moneys expended and received, and on what accounts expended
and received no later than January 1 of each year. The report
shall include the ethnic and racial background data, not
identifiable to an individual, of all persons committed to the
Department, its institutions, facilities, programs, and
outcome measures established with the Juvenile Advisory Board.
(b) The Department of Juvenile Justice shall, by January 1,
April 1, July 1, and October 1 of each year, transmit to the
Governor and General Assembly, a report which shall include the
following information:
(1) the number of youth in each of the Department's
facilities and the number of youth on aftercare;
(2) the demographics of sex, age, race and ethnicity,
classification of offense, and geographic location where
the offense occurred;
(3) the educational and vocational programs provided
at each facility and the number of residents participating
in each program;
(4) the present capacity levels in each facility; and
(5) the ratio of the security staff to residents in
each facility by federal Prison Rape Elimination Act (PREA)
definitions; .
(6) the number of reported assaults on staff at each
facility;
(7) the number of reported incidents of youth sexual

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aggression towards staff at each facility including sexual
assault, residents exposing themselves, sexual touching,
and sexually offensive language; and
(8) the number of staff injuries resulting from youth
violence at each facility including descriptions of the
nature and location of the injuries, the number of staff
injuries requiring medical treatment at the facility, the
number of staff injuries requiring outside medical
treatment and the number of days off work per injury. For
purposes of this Section, the definition of assault on
staff includes, but is not limited to, kicking, punching,
knocking down, harming or threatening to harm with
improvised weapons, or throwing urine or feces at staff.
(c) The requirements in subsection (b) do not relieve the
Department from the recordkeeping requirements of the
Occupational Safety and Health Act.
(d) The Department shall:
(1) establish a reasonable procedure for employees to
report work-related assaults and injuries. A procedure is
not reasonable if it would deter or discourage a reasonable
employee from accurately reporting a workplace assault or
injury;
(2) inform each employee:
(A) of the procedure for reporting work-related
assaults and injuries;
(B) of the right to report work-related assaults

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and injuries; and
(C) that the Department is prohibited from
discharging or in any manner discriminating against
employees for reporting work-related assaults and
injuries; and
(3) not discharge, discipline or in any manner
discriminate against any employee for reporting a
work-related assault or injury.
(Source: P.A. 99-255, eff. 1-1-16.)
(730 ILCS 5/3-5-3.1) (from Ch. 38, par. 1003-5-3.1)
Sec. 3-5-3.1. As used in this Section, "facility" includes
any facility of the Department of Corrections.
(a) The Department of Corrections shall, by January 1st,
April 1st, July 1st, and October 1st of each year, transmit to
the General Assembly, a report which shall include the
following information reflecting the period ending fifteen
days prior to the submission of the report: (1) the number of
residents in all Department facilities indicating the number of
residents in each listed facility; (2) a classification of each
facility's residents by the nature of the offense for which
each resident was committed to the Department; (3) the number
of residents in maximum, medium, and minimum security
facilities indicating the classification of each facility's
residents by the nature of the offense for which each resident
was committed to the Department; (4) the educational and

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vocational programs provided at each facility and the number of
residents participating in each such program; (5) the present
design and rated capacity levels in each facility; (6) the
projected design and rated capacity of each facility six months
and one year following each reporting date; (7) the ratio of
the security staff guards to residents in each facility; (8)
the ratio of total employees to residents in each facility; (9)
the number of residents in each facility that are single-celled
and the number in each facility that are double-celled; (10)
information indicating the distribution of residents in each
facility by the allocated floor space per resident; (11) a
status of all capital projects currently funded by the
Department, location of each capital project, the projected
on-line dates for each capital project, including phase-in
dates and full occupancy dates; (12) the projected adult prison
facility populations of the Department for each of the
succeeding twelve months following each reporting date,
indicating all assumptions built into such population
estimates; (13) the projected exits and projected admissions in
each facility for each of the succeeding twelve months
following each reporting date, indicating all assumptions
built into such population estimate; and (14) the locations of
all Department-operated or contractually operated community
correctional centers, including the present design and rated
capacity and population levels at each facility; (15) the
number of reported assaults on employees at each facility; (16)

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the number of reported incidents of resident sexual aggression
towards employees at each facility including sexual assault,
residents exposing themselves, sexual touching, and sexually
offensive language; and (17) the number of employee injuries
resulting from resident violence at each facility including
descriptions of the nature of the injuries, the number of
injuries requiring medical treatment at the facility, the
number of injuries requiring outside medical treatment and the
number of days off work per injury. For purposes of this
Section, the definition of assault on staff includes, but is
not limited to, kicking, punching, knocking down, harming or
threatening to harm with improvised weapons, or throwing urine
or feces at staff.
(b) The requirements in subsection (a) do not relieve the
Department from the recordkeeping requirements of the
Occupational Safety and Health Act.
(c) The Department shall:
(1) establish a reasonable procedure for employees to
report work-related assaults and injuries. A procedure is
not reasonable if it would deter or discourage a reasonable
employee from accurately reporting a workplace assault or
injury;
(2) inform each employee:
(A) of the procedure for reporting work-related
assaults and injuries;
(B) of the right to report work-related assaults

10000HB4895ham001 - 12 - LRB100 19642 RLC 36853 a
and injuries; and
(C) that the Department is prohibited from
discharging or in any manner discriminating against
employees for reporting work-related assaults and
injuries; and
(3) not discharge, discipline, or in any manner
discriminate against any employee for reporting a
work-related assault or injury.
(Source: P.A. 99-255, eff. 1-1-16.)
Section 99. Effective date. This Act takes effect January
1, 2019.".