SB0563 EnrolledLRB099 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    (20 ILCS 415/19a rep.)
5    Section 3. The Personnel Code is amended by repealing
6Section 19a.
 
7    Section 5. The Department of Veterans Affairs Act is
8amended by changing Sections 1.2, 2, 2.01, 2.04, and 3 and
9adding Section 2.12 as follows:
 
10    (20 ILCS 2805/1.2)
11    Sec. 1.2. Division of Women Veterans Affairs. Subject to
12appropriations for this purpose, the Division of Women Veterans
13Affairs is created as a Division within the Department. The
14head of the Division shall serve as an Assistant Director of
15Veterans' Affairs. The Division shall serve as an advocate for
16women veterans, in recognition of the unique issues facing
17women veterans. The Division shall assess the needs of women
18veterans with respect to issues including, but not limited to,
19compensation, rehabilitation, outreach, health care, and
20issues facing women veterans in the community. The Division
21shall review the Department's programs, activities, research
22projects, and other initiatives designed to meet the needs of

 

 

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1women veterans and shall make recommendations to the Director
2of Veterans' Affairs concerning ways to improve, modify, and
3effect change in programs and services for women veterans.
4(Source: P.A. 96-94, eff. 7-27-09; 97-297, eff. 1-1-12.)
 
5    (20 ILCS 2805/2)  (from Ch. 126 1/2, par. 67)
6    Sec. 2. Powers and duties. The Department shall have the
7following powers and duties:
8    To perform such acts at the request of any veteran, or his
9or her spouse, surviving spouse or dependents as shall be
10reasonably necessary or reasonably incident to obtaining or
11endeavoring to obtain for the requester any advantage, benefit
12or emolument accruing or due to such person under any law of
13the United States, the State of Illinois or any other state or
14governmental agency by reason of the service of such veteran,
15and in pursuance thereof shall:
16        (1) Contact veterans, their survivors and dependents
17    and advise them of the benefits of state and federal laws
18    and assist them in obtaining such benefits;
19        (2) Establish field offices and direct the activities
20    of the personnel assigned to such offices;
21        (3) Create and maintain a volunteer field force; the
22    volunteer field force may include representatives from the
23    following without limitation: of accredited
24    representatives, representing educational institutions,
25    labor organizations, veterans organizations, employers,

 

 

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1    churches, and farm organizations; the volunteer field
2    force may not process federal veterans assistance claims;
3        (4) Conduct informational and training services;
4        (5) Conduct educational programs through newspapers,
5    periodicals, social media, television, and radio for the
6    specific purpose of disseminating information affecting
7    veterans and their dependents;
8        (6) Coordinate the services and activities of all state
9    departments having services and resources affecting
10    veterans and their dependents;
11        (7) Encourage and assist in the coordination of
12    agencies within counties giving service to veterans and
13    their dependents;
14        (8) Cooperate with veterans organizations and other
15    governmental agencies;
16        (9) Make, alter, amend and promulgate reasonable rules
17    and procedures for the administration of this Act;
18        (10) Make and publish annual reports to the Governor
19    regarding the administration and general operation of the
20    Department;
21        (11) (Blank); and
22        (12) (Blank).
23    The Department may accept and hold on behalf of the State,
24if for the public interest, a grant, gift, devise or bequest of
25money or property to the Department made for the general
26benefit of Illinois veterans, including the conduct of

 

 

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1informational and training services by the Department and other
2authorized purposes of the Department. The Department shall
3cause each grant, gift, devise or bequest to be kept as a
4distinct fund and shall invest such funds in the manner
5provided by the Public Funds Investment Act, as now or
6hereafter amended, and shall make such reports as may be
7required by the Comptroller concerning what funds are so held
8and the manner in which such funds are invested. The Department
9may make grants from these funds for the general benefit of
10Illinois veterans. Grants from these funds, except for the
11funds established under Sections 2.01a and 2.03, shall be
12subject to appropriation.
13    The Department has the power to make grants, from funds
14appropriated from the Korean War Veterans National Museum and
15Library Fund, to private organizations for the benefit of the
16Korean War Veterans National Museum and Library.
17    The Department has the power to make grants, from funds
18appropriated from the Illinois Military Family Relief Fund, for
19benefits authorized under the Survivors Compensation Act.
20(Source: P.A. 97-297, eff. 1-1-12; 97-765, eff. 7-6-12.)
 
21    (20 ILCS 2805/2.01)  (from Ch. 126 1/2, par. 67.01)
22    Sec. 2.01. Veterans Home admissions.
23    (a) Any honorably discharged veteran is entitled to
24admission to an Illinois Veterans Home if the applicant meets
25the requirements of this Section.

 

 

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

 

 

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1    care;
2        (5) have served on active duty in the armed forces of
3    the United States for 24 months of continuous service or
4    more, excluding active duty for training purposes only, and
5    enlisted after September 7, 1980, for purposes of
6    eligibility for domiciliary or nursing home care;
7        (6) have served as a reservist in the armed forces of
8    the United States or the National Guard and the service
9    included being called to federal active duty, excluding
10    service on active duty for training purposes only, and who
11    completed the term, for purposes of eligibility for
12    domiciliary or nursing home care;
13        (7) have been discharged for reasons of hardship or
14    released from active duty due to a reduction in the United
15    States armed forces prior to the completion of the required
16    period of service, regardless of the actual time served,
17    for purposes of eligibility for domiciliary or nursing home
18    care; or
19        (8) have served in the National Guard or Reserve Forces
20    of the United States and completed 20 years of satisfactory
21    service, be otherwise eligible to receive reserve or active
22    duty retirement benefits, and have been an Illinois
23    resident for at least one year before applying for
24    admission for purposes of eligibility for domiciliary care
25    only.
26    (c) The veteran must have service accredited to the State

 

 

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

 

 

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1maintenance charges to veterans, spouses, and surviving
2spouses residing at that Home shall be paid into that Home's
3Fund. All moneys received from the U.S. Department of Veterans
4Affairs for patient care shall be transmitted to the Treasurer
5of the State for deposit in the Veterans Home Fund for the Home
6in which the veteran resides. Appropriations shall be made from
7a Fund only for the needs of the Home, including capital
8improvements, building rehabilitation, and repairs.
9    The administrator of each Veterans Home shall establish a
10locally-held member's benefits fund. The Director may
11authorize the Veterans Home to conduct limited fundraising in
12accordance with applicable laws and regulations for which the
13sole purpose is to benefit the Veterans Home's member's
14benefits fund. Revenues accruing to an Illinois Veterans Home,
15including any donations, grants for the operation of the Home,
16profits from commissary stores, and funds received from any
17individual or other source, including limited fundraising,
18shall be deposited into that Home's benefits fund. Expenditures
19from the benefits funds shall be solely for the special
20comfort, pleasure, and amusement of residents. Contributors of
21unsolicited private donations may specify the purpose for which
22the private donations are to be used.
23    Upon request of the Department, the State's Attorney of the
24county in which a resident or living former resident of an
25Illinois Veterans Home who is liable under this Act for payment
26of sums representing maintenance charges resides shall file an

 

 

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

 

 

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1the court.
2    The Director of Central Management Services, with the
3consent of the Director of Veterans' Affairs, is authorized and
4empowered to lease or let any real property held by the
5Department of Veterans' Affairs for an Illinois Veterans Home
6to entities or persons upon terms and conditions which are
7considered to be in the best interest of that Home. The real
8property must not be needed for any direct or immediate purpose
9of the Home. In any leasing or letting, primary consideration
10shall be given to the use of real property for agricultural
11purposes, and all moneys received shall be transmitted to the
12Treasurer of the State for deposit in the appropriate Veterans
13Home Fund.
14(Source: P.A. 97-297, eff. 1-1-12.)
 
15    (20 ILCS 2805/2.12 new)
16    Sec. 2.12. Cemeteries. The Department may operate
17cemeteries at the Manteno Veterans Home and the Quincy Veterans
18Home for interment of veterans or their spouses as identified
19by the Department.
 
20    (20 ILCS 2805/3)  (from Ch. 126 1/2, par. 68)
21    Sec. 3. The Department shall:
22    1. establish Establish an administrative office in
23Springfield and a branch thereof in Chicago;
24    2. establish Establish such field offices as it shall find

 

 

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1necessary to enable it to perform its duties; and
2    3. maintain Cause to be maintained, at its various offices,
3case files containing records of services rendered to each
4applicant, service progress cards, and a follow-up system to
5facilitate the completion of each request.
6(Source: P.A. 79-376.)
 
7    Section 10. The Nursing Home Care Act is amended by
8changing Sections 2-201.5 and 3-101.5 and by adding Section
93-202.6 as follows:
 
10    (210 ILCS 45/2-201.5)
11    Sec. 2-201.5. Screening prior to admission.
12    (a) All persons age 18 or older seeking admission to a
13nursing facility must be screened to determine the need for
14nursing facility services prior to being admitted, regardless
15of income, assets, or funding source. Screening for nursing
16facility services shall be administered through procedures
17established by administrative rule. Screening may be done by
18agencies other than the Department as established by
19administrative rule. This Section applies on and after July 1,
201996. No later than October 1, 2010, the Department of
21Healthcare and Family Services, in collaboration with the
22Department on Aging, the Department of Human Services, and the
23Department of Public Health, shall file administrative rules
24providing for the gathering, during the screening process, of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    images, and other identifiers required by the Department of
2    State Police. The inquiry shall be processed through the
3    files of the Department of State Police and the Federal
4    Bureau of Investigation to locate any criminal history
5    record information that may exist regarding the subject.
6    The Federal Bureau of Investigation shall furnish to the
7    Department of State Police, pursuant to an inquiry under
8    this paragraph (2), any criminal history record
9    information contained in its files.
10    The facility shall comply with all applicable provisions
11contained in the Uniform Conviction Information Act.
12    All name-based and fingerprint-based criminal history
13record inquiries shall be submitted to the Department of State
14Police electronically in the form and manner prescribed by the
15Department of State Police. The Department of State Police may
16charge the facility a fee for processing name-based and
17fingerprint-based criminal history record inquiries. The fee
18shall be deposited into the State Police Services Fund. The fee
19shall not exceed the actual cost of processing the inquiry.
20    (d) (Blank).
21    (e) The Department shall develop and maintain a
22de-identified database of residents who have injured facility
23staff, facility visitors, or other residents, and the attendant
24circumstances, solely for the purposes of evaluating and
25improving resident pre-screening and assessment procedures
26(including the Criminal History Report prepared under Section

 

 

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12-201.6) and the adequacy of Department requirements
2concerning the provision of care and services to residents. A
3resident shall not be listed in the database until a Department
4survey confirms the accuracy of the listing. The names of
5persons listed in the database and information that would allow
6them to be individually identified shall not be made public.
7Neither the Department nor any other agency of State government
8may use information in the database to take any action against
9any individual, licensee, or other entity, unless the
10Department or agency receives the information independent of
11this subsection (e). All information collected, maintained, or
12developed under the authority of this subsection (e) for the
13purposes of the database maintained under this subsection (e)
14shall be treated in the same manner as information that is
15subject to Part 21 of Article VIII of the Code of Civil
16Procedure.
17(Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.)
 
18    (210 ILCS 45/3-101.5)
19    Sec. 3-101.5. Illinois Veterans Homes. An Illinois
20Veterans Home licensed under this Act and operated by the
21Illinois Department of Veterans' Affairs is exempt from the
22license fee provisions of Section 3-103 of this Act and the
23provisions of Sections 3-104 through 3-106, 3-202.5, 3-208,
243-302, 3-303, and 3-401 through 3-423, 3-503 through 3-517, and
253-603 through 3-607 of this Act. A monitor or receiver shall be

 

 

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1placed in an Illinois Veterans Home only by court order or by
2agreement between the Director of Public Health, the Director
3of Veterans' Affairs, and the Secretary of the United States
4Department of Veterans Affairs.
5(Source: P.A. 96-703, eff. 8-25-09.)
 
6    (210 ILCS 45/3-202.6 new)
7    Sec. 3-202.6. Department of Veterans' Affairs facility
8plan review.
9    (a) Before commencing construction of a new facility or
10specified types of alteration or additions to an existing
11long-term care facility involving major construction, as
12defined by rule by the Department, with an estimated cost
13greater than $100,000, architectural drawings and
14specifications for the facility shall be submitted to the
15Department for review. A facility may submit architectural
16drawings and specifications for other construction projects
17for Department review according to subsection (b) of this
18Section. Review of drawings and specifications shall be
19conducted by an employee of the Department meeting the
20qualifications established by the Department of Central
21Management Services class specifications for such an
22individual's position or by a person contracting with the
23Department who meets those class specifications.
24    (b) The Department shall inform an applicant in writing
25within 15 working days after receiving drawings and

 

 

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1specifications from the applicant whether the applicant's
2submission is complete or incomplete. Failure to provide the
3applicant with this notice within 15 working days after
4receiving drawings and specifications from the applicant shall
5result in the submission being deemed complete for purposes of
6initiating the 60-working-day review period under this
7Section. If the submission is incomplete, the Department shall
8inform the applicant of the deficiencies with the submission in
9writing.
10    If the submission is complete, the Department shall approve
11or disapprove drawings and specifications submitted to the
12Department no later than 60 working days following receipt by
13the Department. The drawings and specifications shall be of
14sufficient detail, as provided by Department rule, to enable
15the Department to render a determination of compliance with
16design and construction standards under this Act. If the
17Department finds that the drawings are not of sufficient detail
18for it to render a determination of compliance, the plans shall
19be determined to be incomplete and shall not be considered for
20purposes of initiating the 60-working-day review period. If a
21submission of drawings and specifications is incomplete, the
22applicant may submit additional information. The
2360-working-day review period shall not commence until the
24Department determines that a submission of drawings and
25specifications is complete or the submission is deemed
26complete. If the Department has not approved or disapproved the

 

 

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1drawings and specifications within 60 working days after
2receipt by the Department, the construction, major alteration,
3or addition shall be deemed approved. If the drawings and
4specifications are disapproved, the Department shall state in
5writing, with specificity, the reasons for the disapproval. The
6entity submitting the drawings and specifications may submit
7additional information in response to the written comments from
8the Department or request a reconsideration of the disapproval.
9A final decision of approval or disapproval shall be made
10within 45 working days after the receipt of the additional
11information or reconsideration request. If denied, the
12Department shall state the specific reasons for the denial.
13    (c) The Department shall provide written approval for
14occupancy pursuant to subsection (e) of this Section and shall
15not issue a violation to a facility as a result of a licensure
16or complaint survey based upon the facility's physical
17structure if:
18        (1) the Department reviewed and approved or is deemed
19    to have approved the drawings and specifications for
20    compliance with design and construction standards;
21        (2) the construction, major alteration, or addition
22    was built as submitted;
23        (3) the law or rules have not been amended since the
24    original approval; and
25        (4) the conditions at the facility indicate that there
26    is a reasonable degree of safety provided for the

 

 

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1    residents.
2    (d) The Department shall not charge a fee in connection
3with its reviews to the Department of Veterans' Affairs.
4    (e) The Department shall conduct an on-site inspection of
5the completed project no later than 45 working days after
6notification from the applicant that the project has been
7completed and all certifications required by the Department
8have been received and accepted by the Department. The
9Department may extend this deadline if a federally mandated
10survey time frame takes precedence. The Department shall
11provide written approval for occupancy to the applicant within
127 working days after the Department's final inspection,
13provided the applicant has demonstrated substantial compliance
14as defined by Department rule. Occupancy of new major
15construction is prohibited until Department approval is
16received, unless the Department has not acted within the time
17frames provided in this subsection (e), in which case the
18construction shall be deemed approved. Occupancy shall be
19authorized after any required health inspection by the
20Department has been conducted.
21    (f) The Department shall establish, by rule, an expedited
22process for emergency repairs or replacement of like equipment.
23    (g) Nothing in this Section shall be construed to apply to
24maintenance, upkeep, or renovation that does not affect the
25structural integrity or fire or life safety of the building,
26does not add beds or services over the number for which the

 

 

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1long-term care facility is licensed, and provides a reasonable
2degree of safety for the residents.
3    (h) If the number of licensed facilities increases or the
4number of beds for the currently licensed facilities increases,
5the Department has the right to reassess the mandated time
6frames listed in this Section.
 
7    Section 15. The Veterans and Servicemembers Court
8Treatment Act is amended by changing Sections 10 and 25 as
9follows:
 
10    (730 ILCS 167/10)
11    Sec. 10. Definitions. In this Act:
12    "Combination Veterans and Servicemembers Court program"
13means a court program that includes a pre-adjudicatory and a
14post-adjudicatory Veterans and Servicemembers court program.
15    "Court" means Veterans and Servicemembers Court.
16    "IDVA" means the Illinois Department of Veterans' Affairs.
17    "Peer recovery coach" means a volunteer veteran mentor
18assigned to a veteran or servicemember during participation in
19a veteran treatment court program who has been trained and
20certified by the court to guide and mentor the participant to
21successfully complete the assigned requirements.
22    "Post-adjudicatory Veterans and Servicemembers Court
23Program" means a program in which the defendant has admitted
24guilt or has been found guilty and agrees, along with the

 

 

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1prosecution, to enter a Veterans and Servicemembers Court
2program as part of the defendant's sentence.
3    "Pre-adjudicatory Veterans and Servicemembers Court
4Program" means a program that allows the defendant with the
5consent of the prosecution, to expedite the defendant's
6criminal case before conviction or before filing of a criminal
7case and requires successful completion of the Veterans and
8Servicemembers Court programs as part of the agreement.
9    "Servicemember" means a person who is currently serving in
10the Army, Air Force, Marines, Navy, or Coast Guard on active
11duty, reserve status or in the National Guard.
12    "VA" means the United States Department of Veterans'
13Affairs.
14    "Veteran" means a person who served in the active military,
15naval, or air service and who was discharged or released
16therefrom under conditions other than dishonorable.
17    "Veterans and Servicemembers Court professional" means a
18member of the Veterans and Servicemembers Court team, including
19but not limited to a judge, prosecutor, defense attorney,
20probation officer, coordinator, treatment provider, or peer
21recovery coach.
22    "Veterans and Servicemembers Court" means a court or
23program with an immediate and highly structured judicial
24intervention process for substance abuse treatment, mental
25health, or other assessed treatment needs of eligible veteran
26and servicemember defendants that brings together substance

 

 

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1abuse professionals, mental health professionals, VA
2professionals, local social programs and intensive judicial
3monitoring in accordance with the nationally recommended 10 key
4components of drug courts.
5(Source: P.A. 96-924, eff. 6-14-10; 97-946, eff. 8-13-12.)
 
6    (730 ILCS 167/25)
7    Sec. 25. Procedure.
8    (a) The Court shall order the defendant to submit to an
9eligibility screening and an assessment through the VA and/or
10the IDVA to provide information on the defendant's veteran or
11servicemember status.
12    (b) The Court shall order the defendant to submit to an
13eligibility screening and mental health and drug/alcohol
14screening and assessment of the defendant by the VA or by the
15IDVA to provide assessment services for Illinois Courts. The
16assessment shall include a risks assessment and be based, in
17part, upon the known availability of treatment resources
18available to the Veterans and Servicemembers Court. The
19assessment shall also include recommendations for treatment of
20the conditions which are indicating a need for treatment under
21the monitoring of the Court and be reflective of a level of
22risk assessed for the individual seeking admission. An
23assessment need not be ordered if the Court finds a valid
24screening and/or assessment related to the present charge
25pending against the defendant has been completed within the

 

 

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1previous 60 days.
2    (c) The judge shall inform the defendant that if the
3defendant fails to meet the conditions of the Veterans and
4Servicemembers Court program, eligibility to participate in
5the program may be revoked and the defendant may be sentenced
6or the prosecution continued as provided in the Unified Code of
7Corrections for the crime charged.
8    (d) The defendant shall execute a written agreement with
9the Court as to his or her participation in the program and
10shall agree to all of the terms and conditions of the program,
11including but not limited to the possibility of sanctions or
12incarceration for failing to abide or comply with the terms of
13the program.
14    (e) In addition to any conditions authorized under the
15Pretrial Services Act and Section 5-6-3 of the Unified Code of
16Corrections, the Court may order the defendant to complete
17substance abuse treatment in an outpatient, inpatient,
18residential, or jail-based custodial treatment program, order
19the defendant to complete mental health counseling in an
20inpatient or outpatient basis, comply with physicians'
21recommendation regarding medications and all follow up
22treatment. This treatment may include but is not limited to
23post-traumatic stress disorder, traumatic brain injury and
24depression.
25    (f) The Court may establish a mentorship program that
26provides access and support to program participants by peer

 

 

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1recovery coaches. Courts shall be responsible to administer the
2mentorship program with the support of volunteer veterans and
3local veteran service organizations. Peer recovery coaches
4shall be trained and certified by the Court prior to being
5assigned to participants in the program.
6(Source: P.A. 96-924, eff. 6-14-10.)
 
7    Section 20. The Illinois Human Rights Act is amended by
8adding Section 2-106 as follows:
 
9    (775 ILCS 5/2-106 new)
10    Sec. 2-106. Interagency Committee on Employees with
11Disabilities.
12    (A) As used in this Section:
13    "State agency" means all officers, boards, commissions,
14and agencies created by the Constitution in the executive
15branch; all officers, departments, boards, commissions,
16agencies, institutions, authorities, universities, bodies
17politic and corporate of the State; and administrative units or
18corporate outgrowths of the State government which are created
19by or pursuant to statute, other than units of local government
20and their officers, school districts, and boards of election
21commissioners; all administrative units and corporate
22outgrowths of the above and as may be created by executive
23order of the Governor.
24    "State employee" means an employee of a State agency.

 

 

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1    (B) The Interagency Committee on Employees with
2Disabilities, created under repealed Section 19a of the
3Personnel Code, is continued as set forth in this Section. The
4Committee is composed of 18 members as follows: the Chairperson
5of the Civil Service Commission or his or her designee, the
6Director of Veterans' Affairs or his or her designee, the
7Director of Central Management Services or his or her designee,
8the Secretary of Human Services or his or her designee, the
9Director of Human Rights or his or her designee, the Director
10of the Illinois Council on Developmental Disabilities or his or
11her designee, the Lieutenant Governor or his or her designee,
12the Attorney General or his or her designee, the Secretary of
13State or his or her designee, the State Comptroller or his or
14her designee, the State Treasurer or his or her designee, and 7
15State employees with disabilities appointed by and serving at
16the pleasure of the Governor.
17    (C) The Director of Human Rights and the Secretary of Human
18Services shall serve as co-chairpersons of the Committee. The
19Committee shall meet as often as it deems necessary, but in no
20case less than 6 times annually at the call of the
21co-chairpersons. Notice shall be given to the members in
22writing in advance of a scheduled meeting.
23    (D) The Department of Human Rights shall provide
24administrative support to the Committee.
25    (E) The purposes and functions of the Committee are: (1) to
26provide a forum where problems of general concern to State

 

 

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1employees with disabilities can be raised and methods of their
2resolution can be suggested to the appropriate State agencies;
3(2) to provide a clearinghouse of information for State
4employees with disabilities by working with those agencies to
5develop and retain such information; (3) to promote affirmative
6action efforts pertaining to the employment of persons with
7disabilities by State agencies; and (4) to recommend, where
8appropriate, means of strengthening the affirmative action
9programs for employees with disabilities in State agencies.
10    (F) The Committee shall annually make a complete report to
11the General Assembly on the Committee's achievements and
12accomplishments. Such report may also include an evaluation by
13the Committee of the effectiveness of the hiring and
14advancement practices in State government.
15    (G) This amendatory Act of the 99th General Assembly is not
16intended to disqualify any current member of the Committee from
17continued membership on the Committee in accordance with the
18terms of this Section or the member's appointment.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.