Bill Amendment: IL SB3075 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: MHDDAA-REPORTS-STATE-MENT&DEV
Status: 2018-08-24 - Public Act . . . . . . . . . 100-1075 [SB3075 Detail]
Download: Illinois-2017-SB3075-Senate_Amendment_001.html
Bill Title: MHDDAA-REPORTS-STATE-MENT&DEV
Status: 2018-08-24 - Public Act . . . . . . . . . 100-1075 [SB3075 Detail]
Download: Illinois-2017-SB3075-Senate_Amendment_001.html
| |||||||
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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: |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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) |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.".
|