Rep. Brandon W. Phelps

Filed: 5/21/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 563

2    AMENDMENT NO. ______. Amend Senate Bill 563 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1issues facing women veterans in the community. The Division
2shall review the Department's programs, activities, research
3projects, and other initiatives designed to meet the needs of
4women veterans and shall make recommendations to the Director
5of Veterans' Affairs concerning ways to improve, modify, and
6effect change in programs and services for women veterans.
7(Source: P.A. 96-94, eff. 7-27-09; 97-297, eff. 1-1-12.)
 
8    (20 ILCS 2805/2)  (from Ch. 126 1/2, par. 67)
9    Sec. 2. Powers and duties. The Department shall have the
10following powers and duties:
11    To perform such acts at the request of any veteran, or his
12or her spouse, surviving spouse or dependents as shall be
13reasonably necessary or reasonably incident to obtaining or
14endeavoring to obtain for the requester any advantage, benefit
15or emolument accruing or due to such person under any law of
16the United States, the State of Illinois or any other state or
17governmental agency by reason of the service of such veteran,
18and in pursuance thereof shall:
19        (1) Contact veterans, their survivors and dependents
20    and advise them of the benefits of state and federal laws
21    and assist them in obtaining such benefits;
22        (2) Establish field offices and direct the activities
23    of the personnel assigned to such offices;
24        (3) Create and maintain a volunteer field force; the
25    volunteer field force may include representatives from the

 

 

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1    following without limitation: of accredited
2    representatives, representing educational institutions,
3    labor organizations, veterans organizations, employers,
4    churches, and farm organizations; the volunteer field
5    force may not process federal veterans assistance claims;
6        (4) Conduct informational and training services;
7        (5) Conduct educational programs through newspapers,
8    periodicals, social media, television, and radio for the
9    specific purpose of disseminating information affecting
10    veterans and their dependents;
11        (6) Coordinate the services and activities of all state
12    departments having services and resources affecting
13    veterans and their dependents;
14        (7) Encourage and assist in the coordination of
15    agencies within counties giving service to veterans and
16    their dependents;
17        (8) Cooperate with veterans organizations and other
18    governmental agencies;
19        (9) Make, alter, amend and promulgate reasonable rules
20    and procedures for the administration of this Act;
21        (10) Make and publish annual reports to the Governor
22    regarding the administration and general operation of the
23    Department;
24        (11) (Blank); and
25        (12) (Blank).
26    The Department may accept and hold on behalf of the State,

 

 

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

 

 

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

 

 

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1    excluding service on active duty for training purposes
2    only, and entered active duty before October 17, 1981, for
3    purposes of eligibility for domiciliary or nursing home
4    care;
5        (5) have served on active duty in the armed forces of
6    the United States for 24 months of continuous service or
7    more, excluding active duty for training purposes only, and
8    enlisted after September 7, 1980, for purposes of
9    eligibility for domiciliary or nursing home care;
10        (6) have served as a reservist in the armed forces of
11    the United States or the National Guard and the service
12    included being called to federal active duty, excluding
13    service on active duty for training purposes only, and who
14    completed the term, for purposes of eligibility for
15    domiciliary or nursing home care;
16        (7) have been discharged for reasons of hardship or
17    released from active duty due to a reduction in the United
18    States armed forces prior to the completion of the required
19    period of service, regardless of the actual time served,
20    for purposes of eligibility for domiciliary or nursing home
21    care; or
22        (8) have served in the National Guard or Reserve Forces
23    of the United States and completed 20 years of satisfactory
24    service, be otherwise eligible to receive reserve or active
25    duty retirement benefits, and have been an Illinois
26    resident for at least one year before applying for

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    1. establish Establish an administrative office in
2Springfield and a branch thereof in Chicago;
3    2. establish Establish such field offices as it shall find
4necessary to enable it to perform its duties; and
5    3. maintain Cause to be maintained, at its various offices,
6case files containing records of services rendered to each
7applicant, service progress cards, and a follow-up system to
8facilitate the completion of each request.
9(Source: P.A. 79-376.)
 
10    Section 10. The Nursing Home Care Act is amended by
11changing Sections 2-201.5 and 3-101.5 and by adding Section
123-202.6 as follows:
 
13    (210 ILCS 45/2-201.5)
14    Sec. 2-201.5. Screening prior to admission.
15    (a) All persons age 18 or older seeking admission to a
16nursing facility must be screened to determine the need for
17nursing facility services prior to being admitted, regardless
18of income, assets, or funding source. Screening for nursing
19facility services shall be administered through procedures
20established by administrative rule. Screening may be done by
21agencies other than the Department as established by
22administrative rule. This Section applies on and after July 1,
231996. No later than October 1, 2010, the Department of
24Healthcare and Family Services, in collaboration with the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1circumstances, solely for the purposes of evaluating and
2improving resident pre-screening and assessment procedures
3(including the Criminal History Report prepared under Section
42-201.6) and the adequacy of Department requirements
5concerning the provision of care and services to residents. A
6resident shall not be listed in the database until a Department
7survey confirms the accuracy of the listing. The names of
8persons listed in the database and information that would allow
9them to be individually identified shall not be made public.
10Neither the Department nor any other agency of State government
11may use information in the database to take any action against
12any individual, licensee, or other entity, unless the
13Department or agency receives the information independent of
14this subsection (e). All information collected, maintained, or
15developed under the authority of this subsection (e) for the
16purposes of the database maintained under this subsection (e)
17shall be treated in the same manner as information that is
18subject to Part 21 of Article VIII of the Code of Civil
19Procedure.
20(Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.)
 
21    (210 ILCS 45/3-101.5)
22    Sec. 3-101.5. Illinois Veterans Homes. An Illinois
23Veterans Home licensed under this Act and operated by the
24Illinois Department of Veterans' Affairs is exempt from the
25license fee provisions of Section 3-103 of this Act and the

 

 

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1provisions of Sections 3-104 through 3-106, 3-202.5, 3-208,
23-302, 3-303, and 3-401 through 3-423, 3-503 through 3-517, and
33-603 through 3-607 of this Act. A monitor or receiver shall be
4placed in an Illinois Veterans Home only by court order or by
5agreement between the Director of Public Health, the Director
6of Veterans' Affairs, and the Secretary of the United States
7Department of Veterans Affairs.
8(Source: P.A. 96-703, eff. 8-25-09.)
 
9    (210 ILCS 45/3-202.6 new)
10    Sec. 3-202.6. Department of Veterans' Affairs facility
11plan review.
12    (a) Before commencing construction of a new facility or
13specified types of alteration or additions to an existing
14long-term care facility involving major construction, as
15defined by rule by the Department, with an estimated cost
16greater than $100,000, architectural drawings and
17specifications for the facility shall be submitted to the
18Department for review. A facility may submit architectural
19drawings and specifications for other construction projects
20for Department review according to subsection (b) of this
21Section. Review of drawings and specifications shall be
22conducted by an employee of the Department meeting the
23qualifications established by the Department of Central
24Management Services class specifications for such an
25individual's position or by a person contracting with the

 

 

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1Department who meets those class specifications.
2    (b) The Department shall inform an applicant in writing
3within 15 working days after receiving drawings and
4specifications from the applicant whether the applicant's
5submission is complete or incomplete. Failure to provide the
6applicant with this notice within 15 working days after
7receiving drawings and specifications from the applicant shall
8result in the submission being deemed complete for purposes of
9initiating the 60-working-day review period under this
10Section. If the submission is incomplete, the Department shall
11inform the applicant of the deficiencies with the submission in
12writing.
13    If the submission is complete, the Department shall approve
14or disapprove drawings and specifications submitted to the
15Department no later than 60 working days following receipt by
16the Department. The drawings and specifications shall be of
17sufficient detail, as provided by Department rule, to enable
18the Department to render a determination of compliance with
19design and construction standards under this Act. If the
20Department finds that the drawings are not of sufficient detail
21for it to render a determination of compliance, the plans shall
22be determined to be incomplete and shall not be considered for
23purposes of initiating the 60-working-day review period. If a
24submission of drawings and specifications is incomplete, the
25applicant may submit additional information. The
2660-working-day review period shall not commence until the

 

 

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

 

 

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1    original approval; and
2        (4) the conditions at the facility indicate that there
3    is a reasonable degree of safety provided for the
4    residents.
5    (d) The Department shall not charge a fee in connection
6with its reviews to the Department of Veterans' Affairs.
7    (e) The Department shall conduct an on-site inspection of
8the completed project no later than 45 working days after
9notification from the applicant that the project has been
10completed and all certifications required by the Department
11have been received and accepted by the Department. The
12Department may extend this deadline if a federally mandated
13survey time frame takes precedence. The Department shall
14provide written approval for occupancy to the applicant within
157 working days after the Department's final inspection,
16provided the applicant has demonstrated substantial compliance
17as defined by Department rule. Occupancy of new major
18construction is prohibited until Department approval is
19received, unless the Department has not acted within the time
20frames provided in this subsection (e), in which case the
21construction shall be deemed approved. Occupancy shall be
22authorized after any required health inspection by the
23Department has been conducted.
24    (f) The Department shall establish, by rule, an expedited
25process for emergency repairs or replacement of like equipment.
26    (g) Nothing in this Section shall be construed to apply to

 

 

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1maintenance, upkeep, or renovation that does not affect the
2structural integrity or fire or life safety of the building,
3does not add beds or services over the number for which the
4long-term care facility is licensed, and provides a reasonable
5degree of safety for the residents.
6    (h) If the number of licensed facilities increases or the
7number of beds for the currently licensed facilities increases,
8the Department has the right to reassess the mandated time
9frames listed in this Section.
 
10    Section 15. The Veterans and Servicemembers Court
11Treatment Act is amended by changing Sections 10 and 25 as
12follows:
 
13    (730 ILCS 167/10)
14    Sec. 10. Definitions. In this Act:
15    "Combination Veterans and Servicemembers Court program"
16means a court program that includes a pre-adjudicatory and a
17post-adjudicatory Veterans and Servicemembers court program.
18    "Court" means Veterans and Servicemembers Court.
19    "IDVA" means the Illinois Department of Veterans' Affairs.
20    "Peer recovery coach" means a volunteer veteran mentor
21assigned to a veteran or servicemember during participation in
22a veteran treatment court program who has been trained and
23certified by the court to guide and mentor the participant to
24successfully complete the assigned requirements.

 

 

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

 

 

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1intervention process for substance abuse treatment, mental
2health, or other assessed treatment needs of eligible veteran
3and servicemember defendants that brings together substance
4abuse professionals, mental health professionals, VA
5professionals, local social programs and intensive judicial
6monitoring in accordance with the nationally recommended 10 key
7components of drug courts.
8(Source: P.A. 96-924, eff. 6-14-10; 97-946, eff. 8-13-12.)
 
9    (730 ILCS 167/25)
10    Sec. 25. Procedure.
11    (a) The Court shall order the defendant to submit to an
12eligibility screening and an assessment through the VA and/or
13the IDVA to provide information on the defendant's veteran or
14servicemember status.
15    (b) The Court shall order the defendant to submit to an
16eligibility screening and mental health and drug/alcohol
17screening and assessment of the defendant by the VA or by the
18IDVA to provide assessment services for Illinois Courts. The
19assessment shall include a risks assessment and be based, in
20part, upon the known availability of treatment resources
21available to the Veterans and Servicemembers Court. The
22assessment shall also include recommendations for treatment of
23the conditions which are indicating a need for treatment under
24the monitoring of the Court and be reflective of a level of
25risk assessed for the individual seeking admission. An

 

 

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

 

 

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1depression.
2    (f) The Court may establish a mentorship program that
3provides access and support to program participants by peer
4recovery coaches. Courts shall be responsible to administer the
5mentorship program with the support of volunteer veterans and
6local veteran service organizations. Peer recovery coaches
7shall be trained and certified by the Court prior to being
8assigned to participants in the program.
9(Source: P.A. 96-924, eff. 6-14-10.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".