Bill Text: IL SB3075 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that beginning July 1, 2018, and quarterly thereafter, the Department of Human Services shall submit to the General Assembly a written report providing, at minimum, for each State-operated mental health center and State-operated developmental center: (1) the number of employees; (2) the number of patient or resident initiated workplace violence incidents which occurred, including the number which were a direct assault on staff and the number which were a violent incident to which staff responded; (3) the number of employees impacted in each incident; and (4) the rate of workplace violence that quarter expressed as total number of employees impacted to total number of employees. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 16-7)
Status: (Passed) 2018-08-24 - Public Act . . . . . . . . . 100-1075 [SB3075 Detail]
Download: Illinois-2017-SB3075-Engrossed.html
Bill Title: Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that beginning July 1, 2018, and quarterly thereafter, the Department of Human Services shall submit to the General Assembly a written report providing, at minimum, for each State-operated mental health center and State-operated developmental center: (1) the number of employees; (2) the number of patient or resident initiated workplace violence incidents which occurred, including the number which were a direct assault on staff and the number which were a violent incident to which staff responded; (3) the number of employees impacted in each incident; and (4) the rate of workplace violence that quarter expressed as total number of employees impacted to total number of employees. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 16-7)
Status: (Passed) 2018-08-24 - Public Act . . . . . . . . . 100-1075 [SB3075 Detail]
Download: Illinois-2017-SB3075-Engrossed.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Children and Family Services Act is amended | ||||||
5 | by adding Section 41 as follows:
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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 | electronically transmit to the General Assembly, a report that | ||||||
12 | shall include the following information reflecting the period | ||||||
13 | ending 15 days prior to the submission of the electronic | ||||||
14 | report: | ||||||
15 | (1) the number of assaults on or threats against | ||||||
16 | employees in the line of duty by service region; | ||||||
17 | (2) the number of employee injuries resulting from | ||||||
18 | assaults in the line of duty; and | ||||||
19 | (3) descriptions of the nature of each injury, the | ||||||
20 | number of injuries requiring medical treatment, and the | ||||||
21 | number of days off work per injury. | ||||||
22 | (b) The requirements in subsection (a) do not relieve the | ||||||
23 | Department from the recordkeeping requirements of the |
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1 | Occupational Safety and Health Act. | ||||||
2 | (c) The Department shall: | ||||||
3 | (1) establish a reasonable procedure for employees to | ||||||
4 | report work-related assaults and injuries. A procedure is | ||||||
5 | not reasonable if it would deter or discourage a reasonable | ||||||
6 | employee from accurately reporting a workplace assault or | ||||||
7 | injury; | ||||||
8 | (2) inform each employee: | ||||||
9 | (A) of the procedure for reporting work-related | ||||||
10 | assaults and injuries; | ||||||
11 | (B) of the right to report work-related assaults | ||||||
12 | and injuries; and | ||||||
13 | (C) that the Department is prohibited from | ||||||
14 | discharging or in any manner discriminating against | ||||||
15 | employees for reporting work-related assaults and | ||||||
16 | injuries; and | ||||||
17 | (3) not discharge, discipline, or in any manner | ||||||
18 | discriminate against any employee for reporting a | ||||||
19 | work-related assault or injury.
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20 | Section 10. The Mental Health and Developmental | ||||||
21 | Disabilities Administrative Act is amended by changing Section | ||||||
22 | 4 as follows:
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23 | (20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
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24 | Sec. 4. Supervision of facilities and services; quarterly |
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1 | reports.
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2 | (a) To exercise executive and administrative supervision | ||||||
3 | over
all facilities, divisions, programs and services now | ||||||
4 | existing or
hereafter acquired or created under the | ||||||
5 | jurisdiction of the Department,
including, but not limited to, | ||||||
6 | the following:
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7 | The Alton Mental Health Center, at Alton
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8 | The Clyde L. Choate Mental Health and Developmental | ||||||
9 | Center, at Anna
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10 | The Chester Mental Health Center, at Chester
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11 | The Chicago-Read Mental Health Center, at Chicago
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12 | The Elgin Mental Health Center, at Elgin
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13 | The Metropolitan Children and Adolescents Center, at | ||||||
14 | Chicago
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15 | The Jacksonville Developmental Center, at Jacksonville
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16 | The Governor Samuel H. Shapiro Developmental Center, | ||||||
17 | at Kankakee
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18 | The Tinley Park Mental Health Center, at Tinley Park
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19 | The Warren G. Murray Developmental Center, at | ||||||
20 | Centralia
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21 | The Jack Mabley Developmental Center, at Dixon
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22 | The Lincoln Developmental Center, at Lincoln
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23 | The H. Douglas Singer Mental Health and Developmental | ||||||
24 | Center, at Rockford
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25 | The John J. Madden Mental Health Center, at Chicago
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26 | The George A. Zeller Mental Health Center, at Peoria
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1 | The Andrew McFarland Mental Health Center, at | ||||||
2 | Springfield
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3 | The Adolf Meyer Mental Health Center, at Decatur
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4 | The William W. Fox Developmental Center, at Dwight
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5 | The Elisabeth Ludeman Developmental Center, at Park | ||||||
6 | Forest
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7 | The William A. Howe Developmental Center, at Tinley | ||||||
8 | Park
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9 | The Ann M. Kiley Developmental Center, at Waukegan.
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10 | (b) Beginning not later than July 1, 1977, the Department | ||||||
11 | shall cause
each of the facilities under its jurisdiction which | ||||||
12 | provide in-patient
care to comply with standards, rules and | ||||||
13 | regulations of the Department
of Public Health prescribed under | ||||||
14 | Section 6.05 of the Hospital
Licensing Act.
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15 | (b-5) The Department shall cause
each of the facilities | ||||||
16 | under its jurisdiction that provide in-patient
care to comply | ||||||
17 | with Section 6.25 of the Hospital
Licensing Act. | ||||||
18 | (c) The Department shall issue quarterly electronic | ||||||
19 | reports to the General Assembly on admissions,
deflections, | ||||||
20 | discharges, bed closures, staff-resident ratios, census,
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21 | average length of stay, and any adverse federal certification | ||||||
22 | or
accreditation findings, if any, for each State-operated | ||||||
23 | facility for the
mentally ill
and for persons with | ||||||
24 | developmental disabilities.
The quarterly reports shall be | ||||||
25 | issued by January 1, April 1, July 1, and October 1 of each | ||||||
26 | year. The quarterly reports shall include the following |
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1 | information for each facility reflecting the period ending 15 | ||||||
2 | days prior to the submission of the report: | ||||||
3 | (1) the number of employees; | ||||||
4 | (2) the number of workplace violence incidents that | ||||||
5 | occurred, including the number that were a direct assault | ||||||
6 | on employees by residents and the number that resulted from | ||||||
7 | staff intervention in a resident altercation or other form | ||||||
8 | of injurious behavior; | ||||||
9 | (3) the number of employees impacted in each incident; | ||||||
10 | and | ||||||
11 | (4) the number of employee injuries resulting, | ||||||
12 | descriptions of the nature of the injuries, the number of | ||||||
13 | employee injuries requiring medical treatment at the | ||||||
14 | facility, the number of employee injuries requiring | ||||||
15 | outside medical treatment, and the number of days off work | ||||||
16 | per injury. | ||||||
17 | (d) The requirements in subsection (c) do not relieve the | ||||||
18 | Department from the recordkeeping requirements of the | ||||||
19 | Occupational Safety and Health Act. | ||||||
20 | (e) The Department shall: | ||||||
21 | (1) establish a reasonable procedure for employees to | ||||||
22 | report work-related assaults and injuries. A procedure is | ||||||
23 | not reasonable if it would deter or discourage a reasonable | ||||||
24 | employee from accurately reporting a workplace assault or | ||||||
25 | injury; | ||||||
26 | (2) inform each employee: |
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1 | (A) of the procedure for reporting work-related | ||||||
2 | assaults and injuries; | ||||||
3 | (B) of the right to report work-related assaults | ||||||
4 | and injuries; and | ||||||
5 | (C) that the Department is prohibited from | ||||||
6 | discharging or in any manner discriminating against | ||||||
7 | employees for reporting work-related assaults and | ||||||
8 | injuries; and | ||||||
9 | (3) not discharge, discipline, or in any manner | ||||||
10 | discriminate against any employee for reporting a | ||||||
11 | work-related assault or injury.
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12 | (Source: P.A. 99-143, eff. 7-27-15.)
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13 | Section 15. The Unified Code of Corrections is amended by | ||||||
14 | changing Sections 3-2.5-61 and 3-5-3.1 as follows:
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15 | (730 ILCS 5/3-2.5-61) | ||||||
16 | Sec. 3-2.5-61. Annual and other reports. | ||||||
17 | (a) The Director shall make an annual electronic report to | ||||||
18 | the Governor and General Assembly concerning persons committed | ||||||
19 | to the Department, its institutions, facilities, and programs, | ||||||
20 | of all moneys expended and received, and on what accounts | ||||||
21 | expended and received no later than January 1 of each year. The | ||||||
22 | report shall include the ethnic and racial background data, not | ||||||
23 | identifiable to an individual, of all persons committed to the | ||||||
24 | Department, its institutions, facilities, programs, and |
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1 | outcome measures established with the Juvenile Advisory Board. | ||||||
2 | (b) The Department of Juvenile Justice shall, by January 1, | ||||||
3 | April 1, July 1, and October 1 of each year, electronically | ||||||
4 | transmit to the Governor and General Assembly, a report which | ||||||
5 | shall include the following information: | ||||||
6 | (1) the number of youth in each of the Department's | ||||||
7 | facilities and the number of youth on aftercare; | ||||||
8 | (2) the demographics of sex, age, race and ethnicity, | ||||||
9 | classification of offense, and geographic location where | ||||||
10 | the offense occurred; | ||||||
11 | (3) the educational and vocational programs provided | ||||||
12 | at each facility and the number of residents participating | ||||||
13 | in each program; | ||||||
14 | (4) the present capacity levels in each facility; and | ||||||
15 | (5) the ratio of the security staff to residents in | ||||||
16 | each facility by federal Prison Rape Elimination Act (PREA) | ||||||
17 | definitions ; . | ||||||
18 | (6) the number of reported assaults on staff at each | ||||||
19 | facility; | ||||||
20 | (7) the number of reported incidents of youth sexual | ||||||
21 | aggression towards staff at each facility including sexual | ||||||
22 | assault, residents exposing themselves, sexual touching, | ||||||
23 | and sexually offensive language; and | ||||||
24 | (8) the number of staff injuries resulting from youth | ||||||
25 | violence at each facility including descriptions of the | ||||||
26 | nature and location of the injuries, the number of staff |
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1 | injuries requiring medical treatment at the facility, the | ||||||
2 | number of staff injuries requiring outside medical | ||||||
3 | treatment and the number of days off work per injury. For | ||||||
4 | purposes of this Section, the definition of assault on | ||||||
5 | staff includes, but is not limited to, kicking, punching, | ||||||
6 | knocking down, harming or threatening to harm with | ||||||
7 | improvised weapons, or throwing urine or feces at staff. | ||||||
8 | (c) The requirements in subsection (b) do not relieve the | ||||||
9 | Department from the recordkeeping requirements of the | ||||||
10 | Occupational Safety and Health Act. | ||||||
11 | (d) The Department shall: | ||||||
12 | (1) establish a reasonable procedure for employees to | ||||||
13 | report work-related assaults and injuries. A procedure is | ||||||
14 | not reasonable if it would deter or discourage a reasonable | ||||||
15 | employee from accurately reporting a workplace assault or | ||||||
16 | injury; | ||||||
17 | (2) inform each employee: | ||||||
18 | (A) of the procedure for reporting work-related | ||||||
19 | assaults and injuries; | ||||||
20 | (B) of the right to report work-related assaults | ||||||
21 | and injuries; and | ||||||
22 | (C) that the Department is prohibited from | ||||||
23 | discharging or in any manner discriminating against | ||||||
24 | employees for reporting work-related assaults and | ||||||
25 | injuries; and | ||||||
26 | (3) not discharge, discipline or in any manner |
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1 | discriminate against any employee for reporting a | ||||||
2 | work-related assault or injury.
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3 | (Source: P.A. 99-255, eff. 1-1-16 .)
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4 | (730 ILCS 5/3-5-3.1) (from Ch. 38, par. 1003-5-3.1)
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5 | Sec. 3-5-3.1. As used in this Section, "facility" includes | ||||||
6 | any
facility of the Department of Corrections.
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7 | (a) The Department of Corrections shall, by
January 1st, | ||||||
8 | April
1st, July 1st, and October 1st of each year, | ||||||
9 | electronically transmit to the General
Assembly, a report which | ||||||
10 | shall include the following information reflecting the period
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11 | ending fifteen days prior to the submission of the report: ( 1) | ||||||
12 | the number
of residents in all Department facilities indicating | ||||||
13 | the number of
residents in each listed facility; ( 2) a | ||||||
14 | classification of each facility's
residents by the nature of | ||||||
15 | the offense for which each resident was
committed to the | ||||||
16 | Department; ( 3) the number of residents in maximum, medium,
and | ||||||
17 | minimum security facilities indicating the classification of | ||||||
18 | each
facility's residents by the nature of the offense for | ||||||
19 | which each resident
was committed to the Department; ( 4) the | ||||||
20 | educational and vocational programs
provided at each facility | ||||||
21 | and the number of residents participating in each
such program; | ||||||
22 | ( 5) the present design and rated capacity levels in each | ||||||
23 | facility; ( 6) the
projected design and rated capacity of each | ||||||
24 | facility six months and one year following each
reporting date; | ||||||
25 | ( 7) the ratio of the security staff guards to residents in each
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1 | facility; ( 8) the ratio of total employees to residents in each | ||||||
2 | facility; ( 9)
the number of residents in each facility that are | ||||||
3 | single-celled and the
number in each facility that are | ||||||
4 | double-celled; ( 10) information indicating
the distribution of | ||||||
5 | residents in each facility by the allocated floor space
per | ||||||
6 | resident; ( 11) a status of all capital projects currently | ||||||
7 | funded by the
Department, location of each capital project, the | ||||||
8 | projected on-line dates
for each capital project, including | ||||||
9 | phase-in dates and full occupancy
dates; ( 12) the projected | ||||||
10 | adult prison facility
populations of the Department for each of | ||||||
11 | the succeeding
twelve months following each reporting date, | ||||||
12 | indicating all assumptions
built into such population | ||||||
13 | estimates; ( 13) the projected exits and projected
admissions in | ||||||
14 | each facility for each of the succeeding twelve months
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15 | following each reporting date, indicating all assumptions | ||||||
16 | built into such
population estimate; and ( 14) the locations of | ||||||
17 | all Department-operated or
contractually operated community | ||||||
18 | correctional centers, including the
present design and rated | ||||||
19 | capacity and population levels at each facility ; (15) the | ||||||
20 | number of reported assaults on employees at each facility; (16) | ||||||
21 | the number of reported incidents of resident sexual aggression | ||||||
22 | towards employees at each facility including sexual assault, | ||||||
23 | residents exposing themselves, sexual touching, and sexually | ||||||
24 | offensive language; and (17) the number of employee injuries | ||||||
25 | resulting from resident violence at each facility including | ||||||
26 | descriptions of the nature of the injuries, the number of |
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1 | injuries requiring medical treatment at the facility, the | ||||||
2 | number of injuries requiring outside medical treatment and the | ||||||
3 | number of days off work per injury. For purposes of this | ||||||
4 | Section, the definition of assault on staff includes, but is | ||||||
5 | not limited to, kicking, punching, knocking down, harming or | ||||||
6 | threatening to harm with improvised weapons, or throwing urine | ||||||
7 | or feces at staff . | ||||||
8 | (b) The requirements in subsection (a) do not relieve the | ||||||
9 | Department from the recordkeeping requirements of the | ||||||
10 | Occupational Safety and Health Act. | ||||||
11 | (c) The Department shall: | ||||||
12 | (1) establish a reasonable procedure for employees to | ||||||
13 | report work-related assaults and injuries. A procedure is | ||||||
14 | not reasonable if it would deter or discourage a reasonable | ||||||
15 | employee from accurately reporting a workplace assault or | ||||||
16 | injury; | ||||||
17 | (2) inform each employee: | ||||||
18 | (A) of the procedure for reporting work-related | ||||||
19 | assaults and injuries; | ||||||
20 | (B) of the right to report work-related assaults | ||||||
21 | and injuries; and | ||||||
22 | (C) that the Department is prohibited from | ||||||
23 | discharging or in any manner discriminating against | ||||||
24 | employees for reporting work-related assaults and | ||||||
25 | injuries; and | ||||||
26 | (3) not discharge, discipline, or in any manner |
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1 | discriminate against any employee for reporting a | ||||||
2 | work-related assault or injury.
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3 | (Source: P.A. 99-255, eff. 1-1-16 .)
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4 | Section 99. Effective date. This Act takes effect January | ||||||
5 | 1, 2019.
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