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| Public Act 100-1075
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| SB3075 Enrolled | LRB100 19643 RLC 34916 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Children and Family Services Act is amended |
by adding Section 41 as follows:
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(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, |
electronically 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 electronic |
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 |
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 |
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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:
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(20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
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Sec. 4. Supervision of facilities and services; quarterly |
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reports.
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(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:
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The Alton Mental Health Center, at Alton
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The Clyde L. Choate Mental Health and Developmental |
Center, at Anna
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The Chester Mental Health Center, at Chester
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The Chicago-Read Mental Health Center, at Chicago
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The Elgin Mental Health Center, at Elgin
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The Metropolitan Children and Adolescents Center, at |
Chicago
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The Jacksonville Developmental Center, at Jacksonville
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The Governor Samuel H. Shapiro Developmental Center, |
at Kankakee
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The Tinley Park Mental Health Center, at Tinley Park
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The Warren G. Murray Developmental Center, at |
Centralia
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The Jack Mabley Developmental Center, at Dixon
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The Lincoln Developmental Center, at Lincoln
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The H. Douglas Singer Mental Health and Developmental |
Center, at Rockford
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The John J. Madden Mental Health Center, at Chicago
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The George A. Zeller Mental Health Center, at Peoria
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The Andrew McFarland Mental Health Center, at |
Springfield
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The Adolf Meyer Mental Health Center, at Decatur
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The William W. Fox Developmental Center, at Dwight
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The Elisabeth Ludeman Developmental Center, at Park |
Forest
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The William A. Howe Developmental Center, at Tinley |
Park
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The Ann M. Kiley Developmental Center, at Waukegan.
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(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.
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(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 electronic |
reports to the General Assembly on admissions,
deflections, |
discharges, bed closures, staff-resident ratios, census,
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average length of 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 |
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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: |
(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: |
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(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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(Source: P.A. 99-143, eff. 7-27-15.)
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Section 15. The Unified Code of Corrections is amended by |
changing Sections 3-2.5-61 and 3-5-3.1 as follows:
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(730 ILCS 5/3-2.5-61) |
Sec. 3-2.5-61. Annual and other reports. |
(a) The Director shall make an annual electronic report to |
the Governor and General Assembly concerning persons committed |
to 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 |
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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, electronically |
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 |
aggression towards staff at each facility including sexual |
assault, residents exposing themselves, sexual touching, |
and sexually offensive harassing language such as repeated |
and unwelcome sexual advances, requests for sexual favors, |
or verbal comments, gestures, or actions of a derogatory or |
offensive sexual nature; and |
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(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 |
and injuries; and |
(C) that the Department is prohibited from |
discharging or in any manner discriminating against |
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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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(e) For the purposes of paragraphs (7) and (8) of |
subsection (b) only, reports shall be filed beginning July 1, |
2019 or the implementation of the Department's Offender 360 |
Program, whichever occurs first. |
(Source: P.A. 99-255, eff. 1-1-16.)
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(730 ILCS 5/3-5-3.1) (from Ch. 38, par. 1003-5-3.1)
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Sec. 3-5-3.1. As used in this Section, "facility" includes |
any
facility of the Department of Corrections.
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(a) The Department of Corrections shall, by
January 1st, |
April
1st, July 1st, and October 1st of each year, |
electronically transmit to the General
Assembly, a report which |
shall include the following information reflecting the period
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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 |
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which each resident
was committed to the Department; (4) the |
educational and 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
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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
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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 |
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number of reported assaults on employees at each facility; (16) |
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; |
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(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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(Source: P.A. 99-255, eff. 1-1-16.)
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Section 99. Effective date. This Act takes effect January |
1, 2019.
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