Rep. Michael Halpin

Filed: 3/8/2018

 

 


 

 


 
10000HB4895ham001LRB100 19642 RLC 36853 a

1
AMENDMENT TO HOUSE BILL 4895

2    AMENDMENT NO. ______. Amend House Bill 4895 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Children and Family Services Act is amended
5by adding Section 41 as follows:
 
6    (20 ILCS 505/41 new)
7    Sec. 41. Department of Children and Family Services to
8submit quarterly reports to the General Assembly.
9    (a) The Department of Children and Family Services shall,
10by January 1, April 1, July 1, and October 1 of each year,
11transmit to the General Assembly, a report that shall include
12the following information reflecting the period ending 15 days
13prior 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

 

 

10000HB4895ham001- 2 -LRB100 19642 RLC 36853 a

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
6Department from the recordkeeping requirements of the
7Occupational 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.
 

 

 

10000HB4895ham001- 3 -LRB100 19642 RLC 36853 a

1    Section 10. The Mental Health and Developmental
2Disabilities Administrative Act is amended by changing Section
34 as follows:
 
4    (20 ILCS 1705/4)  (from Ch. 91 1/2, par. 100-4)
5    Sec. 4. Supervision of facilities and services; quarterly
6reports.
7    (a) To exercise executive and administrative supervision
8over all facilities, divisions, programs and services now
9existing or hereafter acquired or created under the
10jurisdiction of the Department, including, but not limited to,
11the 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

 

 

10000HB4895ham001- 4 -LRB100 19642 RLC 36853 a

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
17shall cause each of the facilities under its jurisdiction which
18provide in-patient care to comply with standards, rules and
19regulations of the Department of Public Health prescribed under
20Section 6.05 of the Hospital Licensing Act.
21    (b-5) The Department shall cause each of the facilities
22under its jurisdiction that provide in-patient care to comply
23with Section 6.25 of the Hospital Licensing Act.
24    (c) The Department shall issue quarterly reports to the
25General Assembly on admissions, deflections, discharges, bed
26closures, staff-resident ratios, census, average length of

 

 

10000HB4895ham001- 5 -LRB100 19642 RLC 36853 a

1stay, and any adverse federal certification or accreditation
2findings, if any, for each State-operated facility for the
3mentally ill and for persons with developmental disabilities.
4The quarterly reports shall be issued by January 1, April 1,
5July 1, and October 1 of each year. The quarterly reports shall
6include the following information for each facility reflecting
7the period ending 15 days prior to the submission of the
8report:
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
24Department from the recordkeeping requirements of the
25Occupational Safety and Health Act.
26    (e) The Department shall:

 

 

10000HB4895ham001- 6 -LRB100 19642 RLC 36853 a

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
20changing 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
24Governor and General Assembly concerning persons committed to

 

 

10000HB4895ham001- 7 -LRB100 19642 RLC 36853 a

1the Department, its institutions, facilities, and programs, of
2all moneys expended and received, and on what accounts expended
3and received no later than January 1 of each year. The report
4shall include the ethnic and racial background data, not
5identifiable to an individual, of all persons committed to the
6Department, its institutions, facilities, programs, and
7outcome measures established with the Juvenile Advisory Board.
8    (b) The Department of Juvenile Justice shall, by January 1,
9April 1, July 1, and October 1 of each year, transmit to the
10Governor and General Assembly, a report which shall include the
11following 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

 

 

10000HB4895ham001- 8 -LRB100 19642 RLC 36853 a

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
15Department from the recordkeeping requirements of the
16Occupational 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

 

 

10000HB4895ham001- 9 -LRB100 19642 RLC 36853 a

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
12any facility of the Department of Corrections.
13    (a) The Department of Corrections shall, by January 1st,
14April 1st, July 1st, and October 1st of each year, transmit to
15the General Assembly, a report which shall include the
16following information reflecting the period ending fifteen
17days prior to the submission of the report: (1) the number of
18residents in all Department facilities indicating the number of
19residents in each listed facility; (2) a classification of each
20facility's residents by the nature of the offense for which
21each resident was committed to the Department; (3) the number
22of residents in maximum, medium, and minimum security
23facilities indicating the classification of each facility's
24residents by the nature of the offense for which each resident
25was committed to the Department; (4) the educational and

 

 

10000HB4895ham001- 10 -LRB100 19642 RLC 36853 a

1vocational programs provided at each facility and the number of
2residents participating in each such program; (5) the present
3design and rated capacity levels in each facility; (6) the
4projected design and rated capacity of each facility six months
5and one year following each reporting date; (7) the ratio of
6the security staff guards to residents in each facility; (8)
7the ratio of total employees to residents in each facility; (9)
8the number of residents in each facility that are single-celled
9and the number in each facility that are double-celled; (10)
10information indicating the distribution of residents in each
11facility by the allocated floor space per resident; (11) a
12status of all capital projects currently funded by the
13Department, location of each capital project, the projected
14on-line dates for each capital project, including phase-in
15dates and full occupancy dates; (12) the projected adult prison
16facility populations of the Department for each of the
17succeeding twelve months following each reporting date,
18indicating all assumptions built into such population
19estimates; (13) the projected exits and projected admissions in
20each facility for each of the succeeding twelve months
21following each reporting date, indicating all assumptions
22built into such population estimate; and (14) the locations of
23all Department-operated or contractually operated community
24correctional centers, including the present design and rated
25capacity and population levels at each facility; (15) the
26number of reported assaults on employees at each facility; (16)

 

 

10000HB4895ham001- 11 -LRB100 19642 RLC 36853 a

1the number of reported incidents of resident sexual aggression
2towards employees at each facility including sexual assault,
3residents exposing themselves, sexual touching, and sexually
4offensive language; and (17) the number of employee injuries
5resulting from resident violence at each facility including
6descriptions of the nature of the injuries, the number of
7injuries requiring medical treatment at the facility, the
8number of injuries requiring outside medical treatment and the
9number of days off work per injury. For purposes of this
10Section, the definition of assault on staff includes, but is
11not limited to, kicking, punching, knocking down, harming or
12threatening to harm with improvised weapons, or throwing urine
13or feces at staff.
14    (b) The requirements in subsection (a) do not relieve the
15Department from the recordkeeping requirements of the
16Occupational 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

 

 

10000HB4895ham001- 12 -LRB100 19642 RLC 36853 a

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
111, 2019.".