SB3075 EnrolledLRB100 19643 RLC 34916 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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,
11electronically transmit to the General Assembly, a report that
12shall include the following information reflecting the period
13ending 15 days prior to the submission of the electronic
14report:
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
23Department from the recordkeeping requirements of the

 

 

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1Occupational 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.
 
20    Section 10. The Mental Health and Developmental
21Disabilities Administrative Act is amended by changing Section
224 as follows:
 
23    (20 ILCS 1705/4)  (from Ch. 91 1/2, par. 100-4)
24    Sec. 4. Supervision of facilities and services; quarterly

 

 

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1reports.
2    (a) To exercise executive and administrative supervision
3over all facilities, divisions, programs and services now
4existing or hereafter acquired or created under the
5jurisdiction of the Department, including, but not limited to,
6the following:
7        The Alton Mental Health Center, at Alton
8        The Clyde L. Choate Mental Health and Developmental
9    Center, at Anna
10        The Chester Mental Health Center, at Chester
11        The Chicago-Read Mental Health Center, at Chicago
12        The Elgin Mental Health Center, at Elgin
13        The Metropolitan Children and Adolescents Center, at
14    Chicago
15        The Jacksonville Developmental Center, at Jacksonville
16        The Governor Samuel H. Shapiro Developmental Center,
17    at Kankakee
18        The Tinley Park Mental Health Center, at Tinley Park
19        The Warren G. Murray Developmental Center, at
20    Centralia
21        The Jack Mabley Developmental Center, at Dixon
22        The Lincoln Developmental Center, at Lincoln
23        The H. Douglas Singer Mental Health and Developmental
24    Center, at Rockford
25        The John J. Madden Mental Health Center, at Chicago
26        The George A. Zeller Mental Health Center, at Peoria

 

 

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1        The Andrew McFarland Mental Health Center, at
2    Springfield
3        The Adolf Meyer Mental Health Center, at Decatur
4        The William W. Fox Developmental Center, at Dwight
5        The Elisabeth Ludeman Developmental Center, at Park
6    Forest
7        The William A. Howe Developmental Center, at Tinley
8    Park
9        The Ann M. Kiley Developmental Center, at Waukegan.
10    (b) Beginning not later than July 1, 1977, the Department
11shall cause each of the facilities under its jurisdiction which
12provide in-patient care to comply with standards, rules and
13regulations of the Department of Public Health prescribed under
14Section 6.05 of the Hospital Licensing Act.
15    (b-5) The Department shall cause each of the facilities
16under its jurisdiction that provide in-patient care to comply
17with Section 6.25 of the Hospital Licensing Act.
18    (c) The Department shall issue quarterly electronic
19reports to the General Assembly on admissions, deflections,
20discharges, bed closures, staff-resident ratios, census,
21average length of stay, and any adverse federal certification
22or accreditation findings, if any, for each State-operated
23facility for the mentally ill and for persons with
24developmental disabilities. The quarterly reports shall be
25issued by January 1, April 1, July 1, and October 1 of each
26year. The quarterly reports shall include the following

 

 

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1information for each facility reflecting the period ending 15
2days 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
18Department from the recordkeeping requirements of the
19Occupational 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.
12(Source: P.A. 99-143, eff. 7-27-15.)
 
13    Section 15. The Unified Code of Corrections is amended by
14changing Sections 3-2.5-61 and 3-5-3.1 as follows:
 
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
18the Governor and General Assembly concerning persons committed
19to the Department, its institutions, facilities, and programs,
20of all moneys expended and received, and on what accounts
21expended and received no later than January 1 of each year. The
22report shall include the ethnic and racial background data, not
23identifiable to an individual, of all persons committed to the
24Department, its institutions, facilities, programs, and

 

 

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1outcome measures established with the Juvenile Advisory Board.
2    (b) The Department of Juvenile Justice shall, by January 1,
3April 1, July 1, and October 1 of each year, electronically
4transmit to the Governor and General Assembly, a report which
5shall 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 harassing language such as repeated
24    and unwelcome sexual advances, requests for sexual favors,
25    or verbal comments, gestures, or actions of a derogatory or
26    offensive sexual nature; and

 

 

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1        (8) the number of staff injuries resulting from youth
2    violence at each facility including descriptions of the
3    nature and location of the injuries, the number of staff
4    injuries requiring medical treatment at the facility, the
5    number of staff injuries requiring outside medical
6    treatment and the number of days off work per injury. For
7    purposes of this Section, the definition of assault on
8    staff includes, but is not limited to, kicking, punching,
9    knocking down, harming or threatening to harm with
10    improvised weapons, or throwing urine or feces at staff.
11    (c) The requirements in subsection (b) do not relieve the
12Department from the recordkeeping requirements of the
13Occupational Safety and Health Act.
14    (d) The Department shall:
15        (1) establish a reasonable procedure for employees to
16    report work-related assaults and injuries. A procedure is
17    not reasonable if it would deter or discourage a reasonable
18    employee from accurately reporting a workplace assault or
19    injury;
20        (2) inform each employee:
21            (A) of the procedure for reporting work-related
22        assaults and injuries;
23            (B) of the right to report work-related assaults
24        and injuries; and
25            (C) that the Department is prohibited from
26        discharging or in any manner discriminating against

 

 

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1        employees for reporting work-related assaults and
2        injuries; and
3        (3) not discharge, discipline or in any manner
4    discriminate against any employee for reporting a
5    work-related assault or injury.
6    (e) For the purposes of paragraphs (7) and (8) of
7subsection (b) only, reports shall be filed beginning July 1,
82019 or the implementation of the Department's Offender 360
9Program, whichever occurs first.
10(Source: P.A. 99-255, eff. 1-1-16.)
 
11    (730 ILCS 5/3-5-3.1)  (from Ch. 38, par. 1003-5-3.1)
12    Sec. 3-5-3.1. As used in this Section, "facility" includes
13any facility of the Department of Corrections.
14    (a) The Department of Corrections shall, by January 1st,
15April 1st, July 1st, and October 1st of each year,
16electronically transmit to the General Assembly, a report which
17shall include the following information reflecting the period
18ending fifteen days prior to the submission of the report: (1)
19the number of residents in all Department facilities indicating
20the number of residents in each listed facility; (2) a
21classification of each facility's residents by the nature of
22the offense for which each resident was committed to the
23Department; (3) the number of residents in maximum, medium, and
24minimum security facilities indicating the classification of
25each facility's residents by the nature of the offense for

 

 

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

 

 

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1number of reported assaults on employees at each facility; (16)
2the number of reported incidents of resident sexual aggression
3towards employees at each facility including sexual assault,
4residents exposing themselves, sexual touching, and sexually
5offensive language; and (17) the number of employee injuries
6resulting from resident violence at each facility including
7descriptions of the nature of the injuries, the number of
8injuries requiring medical treatment at the facility, the
9number of injuries requiring outside medical treatment and the
10number of days off work per injury. For purposes of this
11Section, the definition of assault on staff includes, but is
12not limited to, kicking, punching, knocking down, harming or
13threatening to harm with improvised weapons, or throwing urine
14or feces at staff.
15    (b) The requirements in subsection (a) do not relieve the
16Department from the recordkeeping requirements of the
17Occupational Safety and Health Act.
18    (c) The Department shall:
19        (1) establish a reasonable procedure for employees to
20    report work-related assaults and injuries. A procedure is
21    not reasonable if it would deter or discourage a reasonable
22    employee from accurately reporting a workplace assault or
23    injury;
24        (2) inform each employee:
25            (A) of the procedure for reporting work-related
26        assaults and injuries;

 

 

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1            (B) of the right to report work-related assaults
2        and injuries; and
3            (C) that the Department is prohibited from
4        discharging or in any manner discriminating against
5        employees for reporting work-related assaults and
6        injuries; and
7        (3) not discharge, discipline, or in any manner
8    discriminate against any employee for reporting a
9    work-related assault or injury.
10(Source: P.A. 99-255, eff. 1-1-16.)
 
11    Section 99. Effective date. This Act takes effect January
121, 2019.