SB0563 EngrossedLRB099 03011 JLK 23019 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 Department of Veterans Affairs Act is
5amended by changing Sections 1.2, 2, 2.01, 2.04, and 3 and
6adding Section 2.12 as follows:
 
7    (20 ILCS 2805/1.2)
8    Sec. 1.2. Division of Women Veterans Affairs. Subject to
9appropriations for this purpose, the Division of Women Veterans
10Affairs is created as a Division within the Department. The
11head of the Division shall serve as an Assistant Director of
12Veterans' Affairs. The Division shall serve as an advocate for
13women veterans, in recognition of the unique issues facing
14women veterans. The Division shall assess the needs of women
15veterans with respect to issues including, but not limited to,
16compensation, rehabilitation, outreach, health care, and
17issues facing women veterans in the community. The Division
18shall review the Department's programs, activities, research
19projects, and other initiatives designed to meet the needs of
20women veterans and shall make recommendations to the Director
21of Veterans' Affairs concerning ways to improve, modify, and
22effect change in programs and services for women veterans.
23(Source: P.A. 96-94, eff. 7-27-09; 97-297, eff. 1-1-12.)
 

 

 

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1    (20 ILCS 2805/2)  (from Ch. 126 1/2, par. 67)
2    Sec. 2. Powers and duties. The Department shall have the
3following powers and duties:
4    To perform such acts at the request of any veteran, or his
5or her spouse, surviving spouse or dependents as shall be
6reasonably necessary or reasonably incident to obtaining or
7endeavoring to obtain for the requester any advantage, benefit
8or emolument accruing or due to such person under any law of
9the United States, the State of Illinois or any other state or
10governmental agency by reason of the service of such veteran,
11and in pursuance thereof shall:
12        (1) Contact veterans, their survivors and dependents
13    and advise them of the benefits of state and federal laws
14    and assist them in obtaining such benefits;
15        (2) Establish field offices and direct the activities
16    of the personnel assigned to such offices;
17        (3) Create and maintain a volunteer field force. The
18    volunteer field force may include representatives from the
19    following without limitation: of accredited
20    representatives, representing educational institutions,
21    labor organizations, veterans organizations, employers,
22    churches, and farm organizations;
23        (4) Conduct informational and training services;
24        (5) Conduct educational programs through newspapers,
25    periodicals, social media, television, and radio for the

 

 

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1    specific purpose of disseminating information affecting
2    veterans and their dependents;
3        (6) Coordinate the services and activities of all state
4    departments having services and resources affecting
5    veterans and their dependents;
6        (7) Encourage and assist in the coordination of
7    agencies within counties giving service to veterans and
8    their dependents;
9        (8) Cooperate with veterans organizations and other
10    governmental agencies;
11        (9) Make, alter, amend and promulgate reasonable rules
12    and procedures for the administration of this Act;
13        (10) Make and publish annual reports to the Governor
14    regarding the administration and general operation of the
15    Department;
16        (11) (Blank); and
17        (12) (Blank).
18    The Department may accept and hold on behalf of the State,
19if for the public interest, a grant, gift, devise or bequest of
20money or property to the Department made for the general
21benefit of Illinois veterans, including the conduct of
22informational and training services by the Department and other
23authorized purposes of the Department. The Department shall
24cause each grant, gift, devise or bequest to be kept as a
25distinct fund and shall invest such funds in the manner
26provided by the Public Funds Investment Act, as now or

 

 

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1hereafter amended, and shall make such reports as may be
2required by the Comptroller concerning what funds are so held
3and the manner in which such funds are invested. The Department
4may make grants from these funds for the general benefit of
5Illinois veterans. Grants from these funds, except for the
6funds established under Sections 2.01a and 2.03, shall be
7subject to appropriation.
8    The Department has the power to make grants, from funds
9appropriated from the Korean War Veterans National Museum and
10Library Fund, to private organizations for the benefit of the
11Korean War Veterans National Museum and Library.
12    The Department has the power to make grants, from funds
13appropriated from the Illinois Military Family Relief Fund, for
14benefits authorized under the Survivors Compensation Act.
15(Source: P.A. 97-297, eff. 1-1-12; 97-765, eff. 7-6-12.)
 
16    (20 ILCS 2805/2.01)  (from Ch. 126 1/2, par. 67.01)
17    Sec. 2.01. Veterans Home admissions.
18    (a) Any honorably discharged veteran is entitled to
19admission to an Illinois Veterans Home if the applicant meets
20the requirements of this Section.
21    (b) The veteran must:
22        (1) have served in the armed forces of the United
23    States at least 1 day in World War II, the Korean Conflict,
24    the Viet Nam Campaign, or the Persian Gulf Conflict between
25    the dates recognized by the U.S. Department of Veterans

 

 

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1    Affairs or between any other present or future dates
2    recognized by the U.S. Department of Veterans Affairs as a
3    war period, or have served in a hostile fire environment
4    and has been awarded a campaign or expeditionary medal
5    signifying his or her service, for purposes of eligibility
6    for domiciliary or nursing home care;
7        (2) have served and been honorably discharged or
8    retired from the armed forces of the United States for a
9    service connected disability or injury, for purposes of
10    eligibility for domiciliary or nursing home care;
11        (3) have served as an enlisted person at least 90 days
12    on active duty in the armed forces of the United States,
13    excluding service on active duty for training purposes
14    only, and entered active duty before September 8, 1980, for
15    purposes of eligibility for domiciliary or nursing home
16    care;
17        (4) have served as an officer at least 90 days on
18    active duty in the armed forces of the United States,
19    excluding service on active duty for training purposes
20    only, and entered active duty before October 17, 1981, for
21    purposes of eligibility for domiciliary or nursing home
22    care;
23        (5) have served on active duty in the armed forces of
24    the United States for 24 months of continuous service or
25    more, excluding active duty for training purposes only, and
26    enlisted after September 7, 1980, for purposes of

 

 

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1    eligibility for domiciliary or nursing home care;
2        (6) have served as a reservist in the armed forces of
3    the United States or the National Guard and the service
4    included being called to federal active duty, excluding
5    service on active duty for training purposes only, and who
6    completed the term, for purposes of eligibility for
7    domiciliary or nursing home care;
8        (7) have been discharged for reasons of hardship or
9    released from active duty due to a reduction in the United
10    States armed forces prior to the completion of the required
11    period of service, regardless of the actual time served,
12    for purposes of eligibility for domiciliary or nursing home
13    care; or
14        (8) have served in the National Guard or Reserve Forces
15    of the United States and completed 20 years of satisfactory
16    service, be otherwise eligible to receive reserve or active
17    duty retirement benefits, and have been an Illinois
18    resident for at least one year before applying for
19    admission for purposes of eligibility for domiciliary care
20    only.
21    (c) The veteran must have service accredited to the State
22of Illinois or have been a resident of this State for one year
23immediately preceding the date of application.
24    (d) For admission to the Illinois Veterans Homes at Anna
25and Quincy, the veteran must be disabled by disease, wounds, or
26otherwise and because of the disability be incapable of earning

 

 

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1a living.
2    (e) For admission to the Illinois Veterans Homes at LaSalle
3and Manteno, the veteran must be disabled by disease, wounds,
4or otherwise and, for purposes of eligibility for nursing home
5care, require nursing care because of the disability.
6    (f) An individual who served during a time of conflict as
7set forth in subsection (a)(1) of this Section has preference
8over all other qualifying candidates, for purposes of
9eligibility for domiciliary or nursing home care at any
10Illinois Veterans Home.
11    (g) A veteran or spouse, once admitted to an Illinois
12Veterans Home facility, is considered a resident for
13interfacility purposes.
14(Source: P.A. 97-297, eff. 1-1-12.)
 
15    (20 ILCS 2805/2.04)  (from Ch. 126 1/2, par. 67.04)
16    Sec. 2.04. There shall be established in the State Treasury
17special funds known as (i) the LaSalle Veterans Home Fund, (ii)
18the Anna Veterans Home Fund, (iii) the Manteno Veterans Home
19Fund, and (iv) the Quincy Veterans Home Fund. All moneys
20received by an Illinois Veterans Home from Medicare and from
21maintenance charges to veterans, spouses, and surviving
22spouses residing at that Home shall be paid into that Home's
23Fund. All moneys received from the U.S. Department of Veterans
24Affairs for patient care shall be transmitted to the Treasurer
25of the State for deposit in the Veterans Home Fund for the Home

 

 

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1in which the veteran resides. Appropriations shall be made from
2a Fund only for the needs of the Home, including capital
3improvements, building rehabilitation, and repairs.
4    The administrator of each Veterans Home shall establish a
5locally-held member's benefits fund. The Director may
6authorize the Veterans Home to conduct limited fundraising in
7accordance with applicable laws and regulations for which the
8sole purpose is to benefit the Veterans Home's member's
9benefits fund. Revenues accruing to an Illinois Veterans Home,
10including any donations, grants for the operation of the Home,
11profits from commissary stores, and funds received from any
12individual or other source, including limited fundraising,
13shall be deposited into that Home's benefits fund. Expenditures
14from the benefits funds shall be solely for the special
15comfort, pleasure, and amusement of residents. Contributors of
16unsolicited private donations may specify the purpose for which
17the private donations are to be used.
18    Upon request of the Department, the State's Attorney of the
19county in which a resident or living former resident of an
20Illinois Veterans Home who is liable under this Act for payment
21of sums representing maintenance charges resides shall file an
22action in a court of competent jurisdiction against any such
23person who fails or refuses to pay such sums. The court may
24order the payment of sums due to maintenance charges for such
25period or periods of time as the circumstances require.
26    Upon the death of a person who is or has been a resident of

 

 

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1an Illinois Veterans Home who is liable for maintenance charges
2and who is possessed of property, the Department may present a
3claim for such sum or for the balance due in case less than the
4rate prescribed under this Act has been paid. The claim shall
5be allowed and paid as other lawful claims against the estate.
6    The administrator of each Veterans Home shall establish a
7locally-held trust fund to maintain moneys held for residents.
8Whenever the Department finds it necessary to preserve order,
9preserve health, or enforce discipline, the resident shall
10deposit in a trust account at the Home such monies from any
11source of income as may be determined necessary, and
12disbursement of these funds to the resident shall be made only
13by direction of the administrator.
14    If a resident of an Illinois Veterans Home has a dependent
15child, spouse, or parent the administrator may require that all
16monies received be deposited in a trust account with dependency
17contributions being made at the direction of the administrator.
18The balance retained in the trust account shall be disbursed to
19the resident at the time of discharge from the Home or to his
20or her heirs or legal representative at the time of the
21resident's death, subject to Department regulations or order of
22the court.
23    The Director of Central Management Services, with the
24consent of the Director of Veterans' Affairs, is authorized and
25empowered to lease or let any real property held by the
26Department of Veterans' Affairs for an Illinois Veterans Home

 

 

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1to entities or persons upon terms and conditions which are
2considered to be in the best interest of that Home. The real
3property must not be needed for any direct or immediate purpose
4of the Home. In any leasing or letting, primary consideration
5shall be given to the use of real property for agricultural
6purposes, and all moneys received shall be transmitted to the
7Treasurer of the State for deposit in the appropriate Veterans
8Home Fund.
9(Source: P.A. 97-297, eff. 1-1-12.)
 
10    (20 ILCS 2805/2.12 new)
11    Sec. 2.12. Cemeteries. The Department may operate
12cemeteries at the Manteno Veterans Home and the Quincy Veterans
13Home for interment of veterans or their spouses as identified
14by the Department.
 
15    (20 ILCS 2805/3)  (from Ch. 126 1/2, par. 68)
16    Sec. 3. The Department shall:
17    1. establish Establish an administrative office in
18Springfield and a branch thereof in Chicago;
19    2. establish Establish such field offices as it shall find
20necessary to enable it to perform its duties; and
21    3. maintain Cause to be maintained, at its various offices,
22case files containing records of services rendered to each
23applicant, service progress cards, and a follow-up system to
24facilitate the completion of each request.

 

 

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1(Source: P.A. 79-376.)
 
2    Section 10. The Nursing Home Care Act is amended by
3changing Sections 2-201.5, 3-101.5, and 3-303 and adding
4Section 3-202.6 as follows:
 
5    (210 ILCS 45/2-201.5)
6    Sec. 2-201.5. Screening prior to admission.
7    (a) All persons age 18 or older seeking admission to a
8nursing facility must be screened to determine the need for
9nursing facility services prior to being admitted, regardless
10of income, assets, or funding source. Screening for nursing
11facility services shall be administered through procedures
12established by administrative rule. Screening may be done by
13agencies other than the Department as established by
14administrative rule. This Section applies on and after July 1,
151996. No later than October 1, 2010, the Department of
16Healthcare and Family Services, in collaboration with the
17Department on Aging, the Department of Human Services, and the
18Department of Public Health, shall file administrative rules
19providing for the gathering, during the screening process, of
20information relevant to determining each person's potential
21for placing other residents, employees, and visitors at risk of
22harm.
23    (a-1) Any screening performed pursuant to subsection (a) of
24this Section shall include a determination of whether any

 

 

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1person is being considered for admission to a nursing facility
2due to a need for mental health services. For a person who
3needs mental health services, the screening shall also include
4an evaluation of whether there is permanent supportive housing,
5or an array of community mental health services, including but
6not limited to supported housing, assertive community
7treatment, and peer support services, that would enable the
8person to live in the community. The person shall be told about
9the existence of any such services that would enable the person
10to live safely and humanely and about available appropriate
11nursing home services that would enable the person to live
12safely and humanely, and the person shall be given the
13assistance necessary to avail himself or herself of any
14available services.
15    (a-2) Pre-screening for persons with a serious mental
16illness shall be performed by a psychiatrist, a psychologist, a
17registered nurse certified in psychiatric nursing, a licensed
18clinical professional counselor, or a licensed clinical social
19worker, who is competent to (i) perform a clinical assessment
20of the individual, (ii) certify a diagnosis, (iii) make a
21determination about the individual's current need for
22treatment, including substance abuse treatment, and recommend
23specific treatment, and (iv) determine whether a facility or a
24community-based program is able to meet the needs of the
25individual.
26    For any person entering a nursing facility, the

 

 

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1pre-screening agent shall make specific recommendations about
2what care and services the individual needs to receive,
3beginning at admission, to attain or maintain the individual's
4highest level of independent functioning and to live in the
5most integrated setting appropriate for his or her physical and
6personal care and developmental and mental health needs. These
7recommendations shall be revised as appropriate by the
8pre-screening or re-screening agent based on the results of
9resident review and in response to changes in the resident's
10wishes, needs, and interest in transition.
11    Upon the person entering the nursing facility, the
12Department of Human Services or its designee shall assist the
13person in establishing a relationship with a community mental
14health agency or other appropriate agencies in order to (i)
15promote the person's transition to independent living and (ii)
16support the person's progress in meeting individual goals.
17    (a-3) The Department of Human Services, by rule, shall
18provide for a prohibition on conflicts of interest for
19pre-admission screeners. The rule shall provide for waiver of
20those conflicts by the Department of Human Services if the
21Department of Human Services determines that a scarcity of
22qualified pre-admission screeners exists in a given community
23and that, absent a waiver of conflicts, an insufficient number
24of pre-admission screeners would be available. If a conflict is
25waived, the pre-admission screener shall disclose the conflict
26of interest to the screened individual in the manner provided

 

 

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1for by rule of the Department of Human Services. For the
2purposes of this subsection, a "conflict of interest" includes,
3but is not limited to, the existence of a professional or
4financial relationship between (i) a PAS-MH corporate or a
5PAS-MH agent and (ii) a community provider or long-term care
6facility.
7    (b) In addition to the screening required by subsection
8(a), a facility, except for those licensed as long term care
9for under age 22 facilities, shall, within 24 hours after
10admission, request a criminal history background check
11pursuant to the Uniform Conviction Information Act for all
12persons age 18 or older seeking admission to the facility,
13unless a background check was initiated by a hospital pursuant
14to subsection (d) of Section 6.09 of the Hospital Licensing Act
15or a pre-admission background check was conducted by the
16Department of Veterans' Affairs 30 days prior to admittance
17into an Illinois Veterans Home. Background checks conducted
18pursuant to this Section shall be based on the resident's name,
19date of birth, and other identifiers as required by the
20Department of State Police. If the results of the background
21check are inconclusive, the facility shall initiate a
22fingerprint-based check, unless the fingerprint check is
23waived by the Director of Public Health based on verification
24by the facility that the resident is completely immobile or
25that the resident meets other criteria related to the
26resident's health or lack of potential risk which may be

 

 

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1established by Departmental rule. A waiver issued pursuant to
2this Section shall be valid only while the resident is immobile
3or while the criteria supporting the waiver exist. The facility
4shall provide for or arrange for any required fingerprint-based
5checks to be taken on the premises of the facility. If a
6fingerprint-based check is required, the facility shall
7arrange for it to be conducted in a manner that is respectful
8of the resident's dignity and that minimizes any emotional or
9physical hardship to the resident.
10    (c) If the results of a resident's criminal history
11background check reveal that the resident is an identified
12offender as defined in Section 1-114.01, the facility shall do
13the following:
14        (1) Immediately notify the Department of State Police,
15    in the form and manner required by the Department of State
16    Police, in collaboration with the Department of Public
17    Health, that the resident is an identified offender.
18        (2) Within 72 hours, arrange for a fingerprint-based
19    criminal history record inquiry to be requested on the
20    identified offender resident. The inquiry shall be based on
21    the subject's name, sex, race, date of birth, fingerprint
22    images, and other identifiers required by the Department of
23    State Police. The inquiry shall be processed through the
24    files of the Department of State Police and the Federal
25    Bureau of Investigation to locate any criminal history
26    record information that may exist regarding the subject.

 

 

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1    The Federal Bureau of Investigation shall furnish to the
2    Department of State Police, pursuant to an inquiry under
3    this paragraph (2), any criminal history record
4    information contained in its files.
5    The facility shall comply with all applicable provisions
6contained in the Uniform Conviction Information Act.
7    All name-based and fingerprint-based criminal history
8record inquiries shall be submitted to the Department of State
9Police electronically in the form and manner prescribed by the
10Department of State Police. The Department of State Police may
11charge the facility a fee for processing name-based and
12fingerprint-based criminal history record inquiries. The fee
13shall be deposited into the State Police Services Fund. The fee
14shall not exceed the actual cost of processing the inquiry.
15    (d) (Blank).
16    (e) The Department shall develop and maintain a
17de-identified database of residents who have injured facility
18staff, facility visitors, or other residents, and the attendant
19circumstances, solely for the purposes of evaluating and
20improving resident pre-screening and assessment procedures
21(including the Criminal History Report prepared under Section
222-201.6) and the adequacy of Department requirements
23concerning the provision of care and services to residents. A
24resident shall not be listed in the database until a Department
25survey confirms the accuracy of the listing. The names of
26persons listed in the database and information that would allow

 

 

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1them to be individually identified shall not be made public.
2Neither the Department nor any other agency of State government
3may use information in the database to take any action against
4any individual, licensee, or other entity, unless the
5Department or agency receives the information independent of
6this subsection (e). All information collected, maintained, or
7developed under the authority of this subsection (e) for the
8purposes of the database maintained under this subsection (e)
9shall be treated in the same manner as information that is
10subject to Part 21 of Article VIII of the Code of Civil
11Procedure.
12(Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.)
 
13    (210 ILCS 45/3-101.5)
14    Sec. 3-101.5. Illinois Veterans Homes. An Illinois
15Veterans Home licensed under this Act and operated by the
16Illinois Department of Veterans' Affairs is exempt from the
17license fee provisions of Section 3-103 of this Act and the
18provisions of Sections 3-104 through 3-106, 3-202.5, 3-208,
193-302, and 3-303, 3-401 through 3-423, 3-503 through 3-517, and
203-603 through 3-607 of this Act. A monitor or receiver shall be
21placed in an Illinois Veterans Home only by court order or by
22agreement between the Director of Public Health, the Director
23of Veterans' Affairs, and the Secretary of the United States
24Department of Veterans Affairs.
25(Source: P.A. 96-703, eff. 8-25-09.)
 

 

 

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1    (210 ILCS 45/3-202.6 new)
2    Sec. 3-202.6. Department of Veterans' Affairs facility
3plan review.
4    (a) Before commencing construction of a new facility or
5specified types of alteration or additions to an existing
6long-term care facility involving major construction, as
7defined by rule by the Department, with an estimated cost
8greater than $100,000, architectural drawings and
9specifications for the facility shall be submitted to the
10Department for review. A facility may submit architectural
11drawings and specifications for other construction projects
12for Department review according to subsection (b) of this
13Section that shall not be subject to fees under subsection (d)
14of this Section. Review of drawings and specifications shall be
15conducted by an employee of the Department meeting the
16qualifications established by the Department of Central
17Management Services class specifications for such an
18individual's position or by a person contracting with the
19Department who meets those class specifications.
20    (b) The Department shall inform an applicant in writing
21within 10 working days after receiving drawings and
22specifications from the applicant whether the applicant's
23submission is complete or incomplete. Failure to provide the
24applicant with this notice within 10 working days after
25receiving drawings and specifications from the applicant shall

 

 

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1result in the submission being deemed complete for purposes of
2initiating the 60-day review period under this Section. If the
3submission is incomplete, the Department shall inform the
4applicant of the deficiencies with the submission in writing.
5If the submission is complete, the Department shall approve or
6disapprove drawings and specifications submitted to the
7Department no later than 60 days following receipt by the
8Department. The drawings and specifications shall be of
9sufficient detail, as provided by Department rule, to enable
10the Department to render a determination of compliance with
11design and construction standards under this Act. If the
12Department finds that the drawings are not of sufficient detail
13for it to render a determination of compliance, the plans shall
14be determined to be incomplete and shall not be considered for
15purposes of initiating the 60-day review period. If a
16submission of drawings and specifications is incomplete, the
17applicant may submit additional information. The 60-day review
18period shall not commence until the Department determines that
19a submission of drawings and specifications is complete or the
20submission is deemed complete. If the Department has not
21approved or disapproved the drawings and specifications within
2260 days after receipt by the Department, the construction,
23major alteration, or addition shall be deemed approved. If the
24drawings and specifications are disapproved, the Department
25shall state in writing, with specificity, the reasons for the
26disapproval. The entity submitting the drawings and

 

 

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1specifications may submit additional information in response
2to the written comments from the Department or request a
3reconsideration of the disapproval. A final decision of
4approval or disapproval shall be made within 45 days after the
5receipt of the additional information or reconsideration
6request. If denied, the Department shall state the specific
7reasons for the denial.
8    (c) The Department shall provide written approval for
9occupancy pursuant to subsection (e) of this Section and shall
10not issue a violation to a facility as a result of a licensure
11or complaint survey based upon the facility's physical
12structure if:
13        (1) the Department reviewed and approved or is deemed
14    to have approved the drawings and specifications for
15    compliance with design and construction standards;
16        (2) the construction, major alteration, or addition
17    was built as submitted;
18        (3) the law or rules have not been amended since the
19    original approval; and
20        (4) the conditions at the facility indicate that there
21    is a reasonable degree of safety provided for the
22    residents.
23    (d) The Department shall not charge a fee in connection
24with its reviews to the Department of Veterans' Affairs.
25    (e) The Department shall conduct an on-site inspection of
26the completed project no later than 30 days after notification

 

 

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1from the applicant that the project has been completed and all
2certifications required by the Department have been received
3and accepted by the Department. The Department shall provide
4written approval for occupancy to the applicant within 5
5working days after the Department's final inspection, provided
6the applicant has demonstrated substantial compliance as
7defined by Department rule. Occupancy of new major construction
8is prohibited until Department approval is received, unless the
9Department has not acted within the time frames provided in
10this subsection (e), in which case the construction shall be
11deemed approved. Occupancy shall be authorized after any
12required health inspection by the Department has been
13conducted.
14    (f) The Department shall establish, by rule, a procedure to
15conduct interim on-site review of large or complex construction
16projects.
17    (g) The Department shall establish, by rule, an expedited
18process for emergency repairs or replacement of like equipment.
19    (h) Nothing in this Section shall be construed to apply to
20maintenance, upkeep, or renovation that does not affect the
21structural integrity of the building, does not add beds or
22services over the number for which the long-term care facility
23is licensed, and provides a reasonable degree of safety for the
24residents.
 
25    (210 ILCS 45/3-303)  (from Ch. 111 1/2, par. 4153-303)

 

 

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1    Sec. 3-303. (a) The situation, condition or practice
2constituting a Type "AA" violation or a Type "A" violation
3shall be abated or eliminated immediately unless a fixed period
4of time, not exceeding 15 days, as determined by the Department
5and specified in the notice of violation, is required for
6correction.
7    (b) At the time of issuance of a notice of a Type "B"
8violation, the Department shall request a plan of correction
9which is subject to the Department's approval. The facility
10shall have 10 days after receipt of notice of violation in
11which to prepare and submit a plan of correction. The
12Department may extend this period up to 30 days where
13correction involves substantial capital improvement. The plan
14shall include a fixed time period not in excess of 90 days
15within which violations are to be corrected. If the Department
16rejects a plan of correction, it shall send notice of the
17rejection and the reason for the rejection to the facility. The
18facility shall have 10 days after receipt of the notice of
19rejection in which to submit a modified plan. If the modified
20plan is not timely submitted, or if the modified plan is
21rejected, the facility shall follow an approved plan of
22correction imposed by the Department.
23    (c) If the violation has been corrected prior to submission
24and approval of a plan of correction, the facility may submit a
25report of correction in place of a plan of correction. Such
26report shall be signed by the administrator under oath.

 

 

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1    (d) Upon a licensee's petition, the Department shall
2determine whether to grant a licensee's request for an extended
3correction time. Such petition shall be served on the
4Department prior to expiration of the correction time
5originally approved. The burden of proof is on the petitioning
6facility to show good cause for not being able to comply with
7the original correction time approved.
8    (e) If a facility desires to contest any Department action
9under this Section it shall send a written request for a
10hearing under Section 3-703 to the Department within 10 days of
11receipt of notice of the contested action. The Department shall
12commence the hearing as provided under Section 3-703. Whenever
13possible, all action of the Department under this Section
14arising out of a violation shall be contested and determined at
15a single hearing. Issues decided after a hearing may not be
16reheard at subsequent hearings under this Section.
17    (f) For facilities operated by the Department of Veterans'
18Affairs, all deadlines contained in this Section for correction
19of violations are subject to adherence to applicable provisions
20of State procurement law and the availability of appropriations
21for the specific purpose.
22(Source: P.A. 96-1372, eff. 7-29-10.)
 
23    Section 15. The Veterans and Servicemembers Court
24Treatment Act is amended by changing Sections 10 and 25 as
25follows:
 

 

 

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1    (730 ILCS 167/10)
2    Sec. 10. Definitions. In this Act:
3    "Combination Veterans and Servicemembers Court program"
4means a court program that includes a pre-adjudicatory and a
5post-adjudicatory Veterans and Servicemembers court program.
6    "Court" means Veterans and Servicemembers Court.
7    "IDVA" means the Illinois Department of Veterans' Affairs.
8    "Peer recovery coach" means a volunteer veteran mentor
9assigned to a veteran or servicemember during participation in
10a veteran treatment court program who has been trained and
11certified by the court to guide and mentor the participant to
12successfully complete the assigned requirements.
13    "Post-adjudicatory Veterans and Servicemembers Court
14Program" means a program in which the defendant has admitted
15guilt or has been found guilty and agrees, along with the
16prosecution, to enter a Veterans and Servicemembers Court
17program as part of the defendant's sentence.
18    "Pre-adjudicatory Veterans and Servicemembers Court
19Program" means a program that allows the defendant with the
20consent of the prosecution, to expedite the defendant's
21criminal case before conviction or before filing of a criminal
22case and requires successful completion of the Veterans and
23Servicemembers Court programs as part of the agreement.
24    "Servicemember" means a person who is currently serving in
25the Army, Air Force, Marines, Navy, or Coast Guard on active

 

 

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1duty, reserve status or in the National Guard.
2    "VA" means the United States Department of Veterans'
3Affairs.
4    "Veteran" means a person who served in the active military,
5naval, or air service and who was discharged or released
6therefrom under conditions other than dishonorable.
7    "Veterans and Servicemembers Court professional" means a
8member of the Veterans and Servicemembers Court team, including
9but not limited to a judge, prosecutor, defense attorney,
10probation officer, coordinator, treatment provider, or peer
11recovery coach.
12    "Veterans and Servicemembers Court" means a court or
13program with an immediate and highly structured judicial
14intervention process for substance abuse treatment, mental
15health, or other assessed treatment needs of eligible veteran
16and servicemember defendants that brings together substance
17abuse professionals, mental health professionals, VA
18professionals, local social programs and intensive judicial
19monitoring in accordance with the nationally recommended 10 key
20components of drug courts.
21(Source: P.A. 96-924, eff. 6-14-10; 97-946, eff. 8-13-12.)
 
22    (730 ILCS 167/25)
23    Sec. 25. Procedure.
24    (a) The Court shall order the defendant to submit to an
25eligibility screening and an assessment through the VA and/or

 

 

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1the IDVA to provide information on the defendant's veteran or
2servicemember status.
3    (b) The Court shall order the defendant to submit to an
4eligibility screening and mental health and drug/alcohol
5screening and assessment of the defendant by the VA or by the
6IDVA to provide assessment services for Illinois Courts. The
7assessment shall include a risks assessment and be based, in
8part, upon the known availability of treatment resources
9available to the Veterans and Servicemembers Court. The
10assessment shall also include recommendations for treatment of
11the conditions which are indicating a need for treatment under
12the monitoring of the Court and be reflective of a level of
13risk assessed for the individual seeking admission. An
14assessment need not be ordered if the Court finds a valid
15screening and/or assessment related to the present charge
16pending against the defendant has been completed within the
17previous 60 days.
18    (c) The judge shall inform the defendant that if the
19defendant fails to meet the conditions of the Veterans and
20Servicemembers Court program, eligibility to participate in
21the program may be revoked and the defendant may be sentenced
22or the prosecution continued as provided in the Unified Code of
23Corrections for the crime charged.
24    (d) The defendant shall execute a written agreement with
25the Court as to his or her participation in the program and
26shall agree to all of the terms and conditions of the program,

 

 

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1including but not limited to the possibility of sanctions or
2incarceration for failing to abide or comply with the terms of
3the program.
4    (e) In addition to any conditions authorized under the
5Pretrial Services Act and Section 5-6-3 of the Unified Code of
6Corrections, the Court may order the defendant to complete
7substance abuse treatment in an outpatient, inpatient,
8residential, or jail-based custodial treatment program, order
9the defendant to complete mental health counseling in an
10inpatient or outpatient basis, comply with physicians'
11recommendation regarding medications and all follow up
12treatment. This treatment may include but is not limited to
13post-traumatic stress disorder, traumatic brain injury and
14depression.
15    (f) The Court may establish a mentorship program that
16provides access and support to program participants by peer
17recovery coaches. Courts shall be responsible to administer the
18mentorship program with the support of volunteer veterans and
19local veteran service organizations. Peer recovery coaches
20shall be trained and certified by the Court prior to being
21assigned to participants in the program.
22(Source: P.A. 96-924, eff. 6-14-10.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.