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

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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: (Failed) 2019-01-08 - Session Sine Die [HB3467 Detail]

Download: Illinois-2017-HB3467-Introduced.html

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

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

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

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

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

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device.
(d) Consent may be withdrawn by the resident or roommate at
any time, and the withdrawal of consent shall be documented in
the resident's clinical record. If a roommate withdraws consent
and the resident conducting the authorized electronic
monitoring does not remove or disable the electronic monitoring
device, the staff may turn off the electronic monitoring
device.
(e) If a resident who is residing in a shared room wants to
conduct authorized electronic monitoring and another resident
living in or moving into the same shared room refuses to
consent to the use of an electronic monitoring device, the
staff shall make a reasonable attempt to accommodate the
resident who wants to conduct authorized electronic
monitoring. Staff has met the requirement to make a reasonable
attempt to accommodate a resident who wants to conduct
authorized electronic monitoring when upon notification that a
roommate has not consented to the use of an electronic
monitoring device in his or her room, the staff offers to move
either resident to another shared room that is available at the
time of the request. If a resident chooses to reside in a
private room in order to accommodate the use of an electronic
monitoring device, the resident must pay the private room rate.
If staff is unable to accommodate a resident due to lack of
space, then staff must reevaluate the request every 2 weeks
until the request is fulfilled.

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

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

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

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

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

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Section 40. Obstruction of electronic monitoring devices.
(a) A person or entity is prohibited from knowingly
hampering, obstructing, tampering with, or destroying an
electronic monitoring device installed in a resident's room
without the permission of the resident or the individual who
consented on behalf of the resident in accordance with Section
15 of this Act.
(b) A person or entity is prohibited from knowingly
hampering, obstructing, tampering with, or destroying a video
or audio recording obtained in accordance with this Act without
the permission of the resident or the individual who consented
on behalf of the resident in accordance with Section 15 of this
Act.
(c) A person or entity that violates this Section is guilty
of a Class B misdemeanor. A person or entity that violates this
Section in the commission of or to conceal a misdemeanor
offense is guilty of a Class A misdemeanor. A person or entity
that violates this Section in the commission of or to conceal a
felony offense is guilty of a Class 4 felony.
(d) It is not a violation of this Section if a person or
staff turns off the electronic monitoring device or blocks the
visual recording component of the electronic monitoring device
at the direction of the resident or the person who consented on
behalf of the resident in accordance with Section 15 of this
Act.

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

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occurred.
Section 55. Report. Staff of each community-integrated
living arrangement and developmental disability facility shall
report to the Department, in a manner prescribed by the
Department, the number of authorized electronic monitoring
notification and consent forms received annually. The
Department shall report the total number of authorized
electronic monitoring notification and consent forms received
by staff of community-integrated living arrangements and
developmental disability facilities to the Office of the
Attorney General annually.
Section 60. Liability.
(a) A community-integrated living arrangement or
developmental disability facility is not civilly or criminally
liable for the inadvertent or intentional disclosure of a
recording by a resident or a person who consents on behalf of
the resident for any purpose not authorized by this Act.
(b) A community-integrated living arrangement or
developmental disability facility is not civilly or criminally
liable for a violation of a resident's right to privacy arising
out of any electronic monitoring conducted pursuant to this
Act.
Section 65. Rules. The Department shall adopt rules

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

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

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