Bill Text: IL HB3467 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Creates the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act. Provides that under certain conditions, a resident of a living arrangement certified under the Community-Integrated Living Arrangements Licensure and Certification Act and a resident of a developmental disability facility shall be permitted to use an audio and video surveillance system in his or her room at his or her own expense. Requires the electronic monitoring device to be placed in a conspicuously visible location in the room. Requires the Department of Human Services to establish a program to distribute specified funds each year for the purchase and installation of electronic monitoring devices. Establishes criminal penalties for a person or entity that knowingly hampers, obstructs, tampers with, or destroys an electronic monitoring device. Contains provisions concerning: resident and roommate consent to monitoring; notice of electronic monitoring to the staff and visitors; limitations on the staff's access to recordings; the admissibility of recordings in civil, criminal, and administrative actions; staff reporting; liability; and rulemaking. Makes other changes. Amends the Community-Integrated Living Arrangements Licensure and Certification Act and Mental Health and Developmental Disabilities Code to make conforming changes. Provides that it is a business offense for a person to discriminate or retaliate against a resident for consenting to the electronic monitoring, or to prevent the installation or use of an electronic monitoring device by a resident who has provided specified notice and consent. Makes other changes. Effective January 1, 2018.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB3467 Detail]

Download: Illinois-2017-HB3467-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3467

Introduced , by Rep. Thomas M. Bennett

SYNOPSIS AS INTRODUCED:
See Index

Creates the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act. Provides that under certain conditions, a resident of a living arrangement certified under the Community-Integrated Living Arrangements Licensure and Certification Act and a resident of a developmental disability facility shall be permitted to use an audio and video surveillance system in his or her room at his or her own expense. Requires the electronic monitoring device to be placed in a conspicuously visible location in the room. Requires the Department of Human Services to establish a program to distribute specified funds each year for the purchase and installation of electronic monitoring devices. Establishes criminal penalties for a person or entity that knowingly hampers, obstructs, tampers with, or destroys an electronic monitoring device. Contains provisions concerning: resident and roommate consent to monitoring; notice of electronic monitoring to the staff and visitors; limitations on the staff's access to recordings; the admissibility of recordings in civil, criminal, and administrative actions; staff reporting; liability; and rulemaking. Makes other changes. Amends the Community-Integrated Living Arrangements Licensure and Certification Act and Mental Health and Developmental Disabilities Code to make conforming changes. Provides that it is a business offense for a person to discriminate or retaliate against a resident for consenting to the electronic monitoring, or to prevent the installation or use of an electronic monitoring device by a resident who has provided specified notice and consent. Makes other changes. Effective January 1, 2018.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB3467LRB100 10681 MJP 20905 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Authorized Electronic Monitoring in Community-Integrated
6Living Arrangements and Developmental Disability Facilities
7Act.
8 Section 5. Definitions. As used in this Act:
9 "Authorized electronic monitoring" means the placement and
10use of an electronic monitoring device by a resident in his or
11her room in accordance with this Act.
12 "Community-integrated living arrangement" has the meaning
13given to that term in Section 3 of the Community-Integrated
14Living Arrangements Licensure and Certification Act.
15 "Department" means the Department of Human Services.
16 "Developmental disability facility" has the meaning
17provided in Section 1-107 of the Mental Health and
18Developmental Disabilities Code.
19 "Electronic monitoring device" means a surveillance
20instrument with a fixed position video camera or an audio
21recording device, or a combination thereof, that is installed
22in a resident's room under the provisions of this Act and
23broadcasts or records activity or sounds occurring in the room.

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1 "Resident" means a person residing in a
2community-integrated living arrangement or developmental
3disability facility.
4 "Staff" includes individuals providing supervisory of
5other services at a community-integrated living arrangement or
6developmental disability facility.
7 Section 10. Authorized electronic monitoring.
8 (a) A resident shall be permitted to conduct authorized
9electronic monitoring of the resident's room through the use of
10electronic monitoring devices placed in the room pursuant to
11this Act.
12 (b) Nothing in this Act shall be construed to allow the use
13of an electronic monitoring device to take still photographs or
14for the nonconsensual interception of private communications.
15 Section 15. Consent.
16 (a) Except as otherwise provided in this subsection, a
17resident, a resident's plenary guardian of the person, or the
18parent of a resident under the age of 18 must consent in
19writing on a notification and consent form prescribed by the
20Department to the authorized electronic monitoring in the
21resident's room. If the resident has not affirmatively objected
22to the authorized electronic monitoring and the resident's
23physician determines that the resident lacks the ability to
24understand and appreciate the nature and consequences of

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1electronic monitoring, the following individuals may consent
2on behalf of the resident, in order of priority:
3 (1) a health care agent named under the Illinois Power
4 of Attorney Act;
5 (2) the resident's spouse;
6 (3) the resident's parent;
7 (4) the resident's adult child who has the written
8 consent of the other adult children of the resident to act
9 as the sole decision maker regarding authorized electronic
10 monitoring; or
11 (5) the resident's adult brother or sister who has the
12 written consent of the other adult siblings of the resident
13 to act as the sole decision maker regarding authorized
14 electronic monitoring.
15 (a-5) Prior to another person, other than a resident's
16plenary guardian of the person, consenting on behalf of a
17resident 18 years of age or older in accordance with this
18Section, the resident must be asked by that person, in the
19presence of staff, if he or she wants authorized electronic
20monitoring to be conducted. The person must explain to the
21resident:
22 (1) the type of electronic monitoring device to be
23 used;
24 (2) the standard conditions that may be placed on the
25 electronic monitoring device's use, including those listed
26 in paragraph (7) of subsection (b) of Section 20;

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1 (3) with whom the recording may be shared according to
2 Section 45; and
3 (4) the resident's ability to decline all recording.
4 For the purposes of this subsection, a resident
5affirmatively objects when he or she orally, visually, or
6through the use of auxiliary aids or services declines
7authorized electronic monitoring. The resident's response must
8be documented on the notification and consent form.
9 (b) A resident or roommate may consent to authorized
10electronic monitoring with any conditions of the resident's
11choosing, including, but not limited to, the list of standard
12conditions provided in paragraph (7) of subsection (b) of
13Section 20. A resident or roommate may request that the
14electronic monitoring device be turned off or the visual
15recording component of the electronic monitoring device be
16blocked at any time.
17 (c) Prior to the authorized electronic monitoring, a
18resident must obtain the written consent of any other resident
19residing in the room on the notification and consent form
20prescribed by the Department. Except as otherwise provided in
21this subsection, a roommate, a roommate's plenary guardian of
22the person, or the parent of a roommate under the age of 18
23must consent in writing to the authorized electronic monitoring
24in the resident's room. If the roommate has not affirmatively
25objected to the authorized electronic monitoring in accordance
26with subsection (a-5) and the roommate's physician determines

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1that the roommate lacks the ability to understand and
2appreciate the nature and consequences of electronic
3monitoring, the following individuals may consent on behalf of
4the roommate, in order of priority:
5 (1) a health care agent named under the Illinois Power
6 of Attorney Act;
7 (2) the roommate's spouse;
8 (3) the roommate's parent;
9 (4) the roommate's adult child who has the written
10 consent of the other adult children of the resident to act
11 as the sole decision maker regarding authorized electronic
12 monitoring; or
13 (5) the roommate's adult brother or sister who has the
14 written consent of the other adult siblings of the resident
15 to act as the sole decision maker regarding authorized
16 electronic monitoring.
17 (c-5) Consent by a roommate under subsection (c) authorizes
18the resident's use of any recording obtained under this Act, as
19provided in Section 45 of this Act.
20 (c-7) Any resident previously conducting authorized
21electronic monitoring must obtain consent from any new roommate
22before the resident may resume authorized electronic
23monitoring. If a new roommate does not consent to authorized
24electronic monitoring and the resident conducting the
25authorized electronic monitoring does not remove or disable the
26electronic monitoring device, the staff shall turn off the

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1device.
2 (d) Consent may be withdrawn by the resident or roommate at
3any time, and the withdrawal of consent shall be documented in
4the resident's clinical record. If a roommate withdraws consent
5and the resident conducting the authorized electronic
6monitoring does not remove or disable the electronic monitoring
7device, the staff may turn off the electronic monitoring
8device.
9 (e) If a resident who is residing in a shared room wants to
10conduct authorized electronic monitoring and another resident
11living in or moving into the same shared room refuses to
12consent to the use of an electronic monitoring device, the
13staff shall make a reasonable attempt to accommodate the
14resident who wants to conduct authorized electronic
15monitoring. Staff has met the requirement to make a reasonable
16attempt to accommodate a resident who wants to conduct
17authorized electronic monitoring when upon notification that a
18roommate has not consented to the use of an electronic
19monitoring device in his or her room, the staff offers to move
20either resident to another shared room that is available at the
21time of the request. If a resident chooses to reside in a
22private room in order to accommodate the use of an electronic
23monitoring device, the resident must pay the private room rate.
24If staff is unable to accommodate a resident due to lack of
25space, then staff must reevaluate the request every 2 weeks
26until the request is fulfilled.

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1 Section 20. Notice to the staff.
2 (a) Authorized electronic monitoring may begin only after a
3notification and consent form prescribed by the Department has
4been completed and submitted to the staff.
5 (b) A resident shall notify the staff in writing of his or
6her intent to install an electronic monitoring device by
7providing a completed notification and consent form prescribed
8by the Department that must include, at minimum, the following
9information:
10 (1) the resident's signed consent to electronic
11 monitoring or the signature of the person consenting on
12 behalf of the resident in accordance with Section 15 of
13 this Act; if a person other than the resident signs the
14 consent form, the form must document the following:
15 (A) the date the resident was asked if he or she
16 wants authorized electronic monitoring to be conducted
17 in accordance with subsection (a-5) of Section 15;
18 (B) who was present when the resident was asked;
19 and
20 (C) an acknowledgement that the resident did not
21 affirmatively object; and
22 (2) the resident's roommate's signed consent or the
23 signature of the person consenting on behalf of the
24 resident in accordance with Section 15 of this Act, if
25 applicable, and any conditions placed on the roommate's

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1 consent; if a person other than the roommate signs the
2 consent form, the form must document the following:
3 (A) the date the roommate was asked if he or she
4 wants authorized electronic monitoring to be conducted
5 in accordance with subsection (a-5) of Section 15;
6 (B) who was present when the roommate was asked;
7 and
8 (C) an acknowledgement that the roommate did not
9 affirmatively object; and
10 (3) the type of electronic monitoring device to be
11 used;
12 (4) any installation needs, such as mounting of a
13 device to a wall or ceiling;
14 (5) the proposed date of installation for scheduling
15 purposes;
16 (6) a copy of any contract for maintenance of the
17 electronic monitoring device by a commercial entity;
18 (7) a list of standard conditions or restrictions that
19 the resident or a roommate may elect to place on use of the
20 electronic monitoring device, including, but not limited
21 to:
22 (A) prohibiting audio recording;
23 (B) prohibiting broadcasting of audio or video;
24 (C) turning off the electronic monitoring device
25 or blocking the visual recording component of the
26 electronic monitoring device for the duration of an

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1 exam or procedure by a health care professional;
2 (D) turning off the electronic monitoring device
3 or blocking the visual recording component of the
4 electronic monitoring device while dressing or bathing
5 is performed; and
6 (E) turning the electronic monitoring device off
7 for the duration of a visit with a spiritual advisor,
8 ombudsman, attorney, financial planner, intimate
9 partner, or other visitor; and
10 (8) any other condition or restriction elected by the
11 resident or roommate on the use of an electronic monitoring
12 device.
13 (c) A copy of the completed notification and consent form
14shall be placed in the resident's and any roommate's clinical
15record and a copy shall be provided to the resident and his or
16her roommate, if applicable.
17 (d) The Department shall prescribe the notification and
18consent form required in this Section no later than 60 days
19after the effective date of this Act. If the Department has not
20prescribed such a form by that date, the Office of the Attorney
21General shall post a notification and consent form on its
22website for resident use until the Department has prescribed
23the form.
24 Section 25. Cost and installation.
25 (a) A resident choosing to conduct authorized electronic

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1monitoring must do so at his or her own expense, including
2paying purchase, installation, maintenance, and removal costs.
3 (b) If a resident chooses to install an electronic
4monitoring device that uses Internet technology for visual or
5audio monitoring, that resident is responsible for contracting
6with an Internet service provider.
7 (c) The staff shall make a reasonable attempt to
8accommodate the resident's installation needs, including, but
9not limited to, allowing access to a telecommunications or
10equipment room. Staff has the burden of proving that a
11requested accommodation is not reasonable.
12 (d) The electronic monitoring device must be placed in a
13conspicuously visible location in the room.
14 (e) The resident may not be charged a fee for the cost of
15electricity used by an electronic monitoring device.
16 (f) All electronic monitoring device installations and
17supporting services shall comply with the requirements of the
18edition of the National Fire Protection Association (NFPA) 101
19Life Safety Code in force at the time of installation and shall
20remain in compliance with that or any subsequent edition of
21NFPA 101 enforced pursuant to Part 483 of Title 42 of the Code
22of Federal Regulations.
23 Section 27. Assistance program.
24 (a) Subject to appropriation, the Department shall
25establish a program to assist residents receiving medical

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1assistance under Article V of the Illinois Public Aid Code in
2accessing authorized electronic monitoring.
3 (b) The Department shall distribute up to $50,000 in funds
4on an annual basis to residents receiving medical assistance
5under Article V of the Illinois Public Aid Code for the
6purchase and installation of authorized electronic monitoring
7devices.
8 (c) Applications for funds and disbursement of funds must
9be made in a manner prescribed by the Department.
10 Section 30. Notice to visitors.
11 (a) If a resident of a community-integrated living
12arrangement or developmental disability facility conducts
13authorized electronic monitoring, a sign shall be clearly and
14conspicuously posted at all building entrances accessible to
15visitors. The notice must be entitled "Electronic Monitoring"
16and must state, in large, easy-to-read type, "The rooms of some
17residents may be monitored electronically by or on behalf of
18the residents.".
19 (b) A sign shall be clearly and conspicuously posted at the
20entrance to a resident's room where authorized electronic
21monitoring is being conducted. The notice must state, in large,
22easy-to-read type, "This room is electronically monitored.".
23 (c) Staff is responsible for installing and maintaining the
24signage required in this Section.

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1 Section 40. Obstruction of electronic monitoring devices.
2 (a) A person or entity is prohibited from knowingly
3hampering, obstructing, tampering with, or destroying an
4electronic monitoring device installed in a resident's room
5without the permission of the resident or the individual who
6consented on behalf of the resident in accordance with Section
715 of this Act.
8 (b) A person or entity is prohibited from knowingly
9hampering, obstructing, tampering with, or destroying a video
10or audio recording obtained in accordance with this Act without
11the permission of the resident or the individual who consented
12on behalf of the resident in accordance with Section 15 of this
13Act.
14 (c) A person or entity that violates this Section is guilty
15of a Class B misdemeanor. A person or entity that violates this
16Section in the commission of or to conceal a misdemeanor
17offense is guilty of a Class A misdemeanor. A person or entity
18that violates this Section in the commission of or to conceal a
19felony offense is guilty of a Class 4 felony.
20 (d) It is not a violation of this Section if a person or
21staff turns off the electronic monitoring device or blocks the
22visual recording component of the electronic monitoring device
23at the direction of the resident or the person who consented on
24behalf of the resident in accordance with Section 15 of this
25Act.

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1 Section 45. Dissemination of recordings.
2 (a) Staff may not access any video or audio recording
3created through authorized electronic monitoring without the
4written consent of the resident or the person who consented on
5behalf of the resident in accordance with Section 15 of this
6Act.
7 (b) Except as required under the Freedom of Information
8Act, a recording or copy of a recording made pursuant to this
9Act may only be disseminated for the purpose of addressing
10concerns relating to the health, safety, or welfare of a
11resident or residents.
12 (c) The resident or person who consented on behalf of the
13resident in accordance with Section 15 of this Act shall
14provide a copy of any video or audio recording to parties
15involved in a civil, criminal, or administrative proceeding,
16upon a party's request, if the video or audio recording was
17made during the time period that the conduct at issue in the
18proceeding allegedly occurred.
19 Section 50. Admissibility of evidence. Subject to
20applicable rules of evidence and procedure, any video or audio
21recording created through authorized electronic monitoring in
22accordance with this Act may be admitted into evidence in a
23civil, criminal, or administrative proceeding if the contents
24of the recording have not been edited or artificially enhanced
25and the video recording includes the date and time the events

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1occurred.
2 Section 55. Report. Staff of each community-integrated
3living arrangement and developmental disability facility shall
4report to the Department, in a manner prescribed by the
5Department, the number of authorized electronic monitoring
6notification and consent forms received annually. The
7Department shall report the total number of authorized
8electronic monitoring notification and consent forms received
9by staff of community-integrated living arrangements and
10developmental disability facilities to the Office of the
11Attorney General annually.
12 Section 60. Liability.
13 (a) A community-integrated living arrangement or
14developmental disability facility is not civilly or criminally
15liable for the inadvertent or intentional disclosure of a
16recording by a resident or a person who consents on behalf of
17the resident for any purpose not authorized by this Act.
18 (b) A community-integrated living arrangement or
19developmental disability facility is not civilly or criminally
20liable for a violation of a resident's right to privacy arising
21out of any electronic monitoring conducted pursuant to this
22Act.
23 Section 65. Rules. The Department shall adopt rules

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1necessary to administer and enforce any Section of this Act.
2Rulemaking shall not delay the full implementation of this Act.
3 Section 70. The Community-Integrated Living Arrangements
4Licensure and Certification Act is amended by adding Section
514.5 as follows:
6 (210 ILCS 135/14.5 new)
7 Sec. 14.5. Authorized electronic monitoring of a
8resident's room.
9 (a) A resident shall be permitted to conduct authorized
10electronic monitoring of the resident's room through the use of
11electronic monitoring devices placed in the room pursuant to
12the Authorized Electronic Monitoring in Community-Integrated
13Living Arrangements and Developmental Disability Facilities
14Act.
15 (b) No person shall:
16 (1) intentionally retaliate or discriminate against
17 any resident for consenting to authorized electronic
18 monitoring under the Authorized Electronic Monitoring in
19 Community-Integrated Living Arrangements and Developmental
20 Disability Facilities Act; or
21 (2) prevent the installation or use of an electronic
22 monitoring device by a resident who has provided the staff
23 of the community-integrated living arrangement with notice
24 and consent as required in Section 20 of the Authorized

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1 Electronic Monitoring in Community-Integrated Living
2 Arrangements and Developmental Disability Facilities Act.
3 A violation of this subsection is a business offense,
4punishable by a fine not to exceed $10,000. The State's
5Attorney of the county in which the community-integrated living
6arrangement is located, or the Attorney General, shall be
7notified by the Director of any violations of this subsection.
8 Section 75. The Mental Health and Developmental
9Disabilities Code is amended by adding Section 2-116 as
10follows:
11 (405 ILCS 5/2-116 new)
12 Sec. 2-116. Authorized electronic monitoring of a
13recipient's room.
14 (a) A recipient who resides in a developmental disability
15facility shall be permitted to conduct authorized electronic
16monitoring of the recipient's room through the use of
17electronic monitoring devices placed in the room pursuant to
18the Authorized Electronic Monitoring in Community-Integrated
19Living Arrangements and Developmental Disability Facilities
20Act.
21 (b) No person shall:
22 (1) intentionally retaliate or discriminate against
23 any recipient for consenting to authorized electronic
24 monitoring under the Authorized Electronic Monitoring in

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1 Community-Integrated Living Arrangements and Developmental
2 Disability Facilities Act; or
3 (2) prevent the installation or use of an electronic
4 monitoring device by a recipient who resides in a
5 developmental disability facility who has provided the
6 staff of the developmental disability facility with notice
7 and consent as required in Section 20 of the Authorized
8 Electronic Monitoring in Community-Integrated Living
9 Arrangements Act and Developmental Disability Facilities
10 Act.
11 A violation of this subsection is a business offense,
12punishable by a fine not to exceed $10,000. The State's
13Attorney of the county in which the developmental disability
14facility is located, or the Attorney General, shall be notified
15by the Director of any violations of this subsection.
16 Section 99. Effective date. This Act takes effect January
171, 2018.

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1 INDEX
2 Statutes amended in order of appearance