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91_SB0818
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1 AN ACT concerning disabled adults.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Mental Health and Developmental
5 Disabilities Administrative Act is amended by changing
6 Section 66 as follows:
7 (20 ILCS 1705/66) (from Ch. 91 1/2, par. 100-66)
8 Sec. 66. Domestic abuse of disabled adults. Pursuant to
9 the Domestic Abuse of Disabled Adults with Disabilities
10 Intervention Act, as appropriated funds become available, the
11 Department shall have the authority to provide developmental
12 disability or mental health services in state-operated
13 facilities or through Department supported community agencies
14 to eligible adults in substantiated cases of abuse, neglect
15 or exploitation on a priority basis and to waive current
16 eligibility requirements in an emergency pursuant to the
17 Domestic Abuse of Disabled Adults with Disabilities
18 Intervention Act. This Section shall not be interpreted to
19 be in conflict with standards for admission to residential
20 facilities as provided in the Mental Health and Developmental
21 Disabilities Code.
22 (Source: P.A. 89-507, eff. 7-1-97.)
23 Section 10. The Domestic Abuse of Disabled Adults
24 Intervention Act is amended by changing the Act title and
25 Sections 1, 5, 10, 15, 20, 25, 30, 35, 40, 45, 50, 55, and 60
26 as follows:
27 (20 ILCS 2435/Act title)
28 An Act concerning domestic abuse of adults with
29 disabilities, and amending a named Act.
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1 (Source: P.A. 87-658.)
2 (20 ILCS 2435/1) (from Ch. 23, par. 3395-1)
3 Sec. 1. Short title. This Act may be cited as the
4 Domestic Abuse of Adults with Disabilities Disabled Adults
5 Intervention Act.
6 (Source: P.A. 87-658.)
7 (20 ILCS 2435/5) (from Ch. 23, par. 3395-5)
8 Sec. 5. Legislative declaration and intent. The
9 Illinois General Assembly recognizes that many adult persons
10 with disabilities in this State are in need of protection
11 from domestic abuse, neglect, and exploitation, and that this
12 State has a responsibility to protect those persons while not
13 infringing on the individual's rights. Protection should
14 maintain the individual's rights, and, at the same time,
15 protect the individual from domestic abuse, neglect, and
16 exploitation. The General Assembly recognizes that many
17 services currently exist in the State but that access to
18 services is often involved and complicated. It is the intent
19 of the General Assembly to provide for the reporting and
20 investigation of cases detection and correction of domestic
21 abuse, neglect, and exploitation of adults with disabilities.
22 It is intended that the reporting of cases of domestic abuse,
23 neglect, and exploitation will cause the existing services in
24 order for the resources of the State to be utilized brought
25 to bear in an effort to prevent, reduce, or eliminate such
26 further domestic abuse, neglect, and exploitation.
27 (Source: P.A. 87-658.)
28 (20 ILCS 2435/10) (from Ch. 23, par. 3395-10)
29 Sec. 10. Purposes. This Act shall be liberally
30 construed and applied to promote its underlying purposes,
31 which are to:
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1 (a) prevent, reduce, and eliminate domestic abuse,
2 neglect, and exploitation of adults with disabilities adult
3 disabled persons;
4 (a-5) recognize abuse, neglect, and exploitation of
5 adults with disabilities as a serious problem which takes on
6 many forms, including physical abuse, sexual abuse, neglect,
7 and exploitation, and to facilitate accessibility of services
8 and remedies under the Act in order to provide immediate and
9 effective assistance and protection;
10 (b) provide for the reporting and investigation of
11 permit health care providers, medical professionals, social
12 service workers, and other citizens to voluntarily report
13 alleged or suspected domestic abuse, neglect, and
14 exploitation of adults with disabilities adult disabled
15 persons;
16 (c) refer abused, neglected, and exploited adults with
17 disabilities adult disabled persons to appropriate State and
18 private agencies for emergency services, protective services,
19 and other assistance necessary to prevent further harm; and
20 (c-5) encourage and support the efforts of law
21 enforcement officers to provide immediate, effective
22 assistance and protection for adults with disabilities who
23 are abused, neglected, or exploited;
24 (c-7) support the expansion of civil and criminal
25 remedies for adults with disabilities who are abused,
26 neglected, or exploited; and
27 (d) collect information on the incidence of domestic
28 abuse, neglect, and exploitation of adults with disabilities
29 adult disabled persons and other data to aid in the
30 establishment, and coordination, and provision of adequate
31 services to adults with disabilities in a timely, appropriate
32 manner.
33 (Source: P.A. 87-658.)
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1 (20 ILCS 2435/15) (from Ch. 23, par. 3395-15)
2 Sec. 15. Definitions. As used in this Act:
3 "Abuse" means any physical abuse injury, sexual abuse,
4 harassment, intimidation, interference with personal liberty,
5 or willful deprivation of an adult with disabilities or
6 mental injury to an adult disabled person inflicted by
7 another individual other than by accidental means or entity.
8 Nothing in this Act shall be construed to mean that an adult
9 with disabilities disabled person is a victim of abuse, or
10 neglect, or exploitation for the sole reason that he or she
11 is being furnished with or relies upon treatment by spiritual
12 means through prayer alone, in accordance with the tenets and
13 practices of a recognized church or religious denomination.
14 "Adult with disabilities" means a person aged 18 through
15 59 who resides in a domestic living situation and whose
16 physical or mental disability impairs his or her ability to
17 seek or obtain protection from abuse, neglect, or
18 exploitation.
19 "Adult disabled person" means a person aged 18 through 59
20 who is a disabled person.
21 "Comprehensive rehabilitation" means those services
22 necessary and appropriate for increasing the potential for
23 independent living or gainful employment as applicable.
24 "Department" means the Department of Human Services.
25 "Secretary" means the Secretary of Human Services.
26 "Disabled person" means any person who, by reason of a
27 physical or mental impairment, is or may be expected to be
28 totally or partially incapacitated for independent living or
29 gainful employment.
30 "Adults with Disabilities Domestic Abuse Project" or
31 "project" means that program within the Office of Inspector
32 General designated by the Department of Human Services
33 designated by the Secretary to receive and assess reports of
34 alleged or suspected domestic abuse, neglect, or exploitation
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1 of adults with disabilities adult disabled persons.
2 "Domestic living situation" means a residence or
3 temporary setting where the adult with disabilities resides
4 disabled person lives alone or with his or her family members
5 or household members, but is not a licensed facility as
6 defined in Section 1-113 of the Nursing Home Care Act and not
7 a facility operated, licensed, certified, or funded by the
8 Department of Human Services as successor to the Department
9 of Mental Health and Developmental Disabilities.
10 "Emergency" means a situation in which an adult with
11 disabilities is in disabled person's life or safety is in
12 imminent danger of death or great bodily harm.
13 "Exploitation" means the illegal, including tortious, use
14 of an adult disabled person or of the assets or resources of
15 an adult with disabilities disabled person. Exploitation
16 includes, but is not limited to, the misappropriation of
17 assets or resources of an adult with disabilities disabled
18 person by undue influence, by breach of a fiduciary
19 relationship, by fraud, deception, or extortion, or by the
20 use of the assets or resources in a manner contrary to law.
21 "Family or household members": "family members" include
22 includes spouses, former spouses, parents, children,
23 stepchildren and other persons related by blood or marriage,
24 persons who share or formerly shared a common dwelling and
25 persons who have or allegedly have a child in common, or
26 persons who have or have had a dating or engagement
27 relationship. For purposes of this paragraph, neither a
28 casual acquaintanceship nor ordinary fraternization between 2
29 individuals in business or social contexts shall be deemed to
30 constitute a dating relationship. Family or "Household
31 members" include includes any person, related or unrelated,
32 who assumes responsibility for providing assistance to an
33 adult with disabilities. A household member might or might
34 not live with the adult with disabilities while providing the
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1 assistance and may be paid or unpaid. who has the
2 responsibility for an adult disabled person as a result of a
3 family relationship or who has assumed responsibility for all
4 or a portion of the care of an adult disabled person
5 voluntarily, or by express or implied contract, or by court
6 order.
7 "Harassment" means knowing conduct which is not necessary
8 to accomplish a purpose that is reasonable under the
9 circumstances; would cause a reasonable person emotional
10 distress; and does cause emotional distress to the adult with
11 disabilities. Unless the presumption is rebutted by a
12 preponderance of the evidence, the following types of conduct
13 shall be presumed to cause emotional distress:
14 (1) creating a disturbance at the place of
15 employment or school of an adult with disabilities;
16 (2) repeatedly placing unwanted telephone calls to
17 the place of employment, home, or residence of an adult
18 with disabilities;
19 (3) repeatedly following the adult with
20 disabilities about in a public place or places against
21 the wishes of the adult with disabilities;
22 (4) repeatedly keeping the adult with disabilities
23 under surveillance by peering in the windows or
24 remaining present outside his or her home, school, place
25 of employment, vehicle, or other place occupied by the
26 adult with disabilities;
27 (5) threatening physical force, confinement, or
28 restraint on one or more occasions;
29 (6) repeatedly interfering with a service animal
30 or other assistive device of an adult with disabilities.
31 "Interference with personal liberty" means committing or
32 threatening physical abuse, harassment, intimidation, or
33 willful deprivation so as to compel an adult with
34 disabilities to engage in conduct from which she or he has a
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1 right to abstain or to refrain from conduct in which she or
2 he has a right to engage.
3 "Intimidation" means subjecting an adult with
4 disabilities to participate in or to witness physical force
5 against another or physical confinement or restraint of
6 another which constitutes physical abuse as defined in this
7 Act, regardless of whether the abused person is a family
8 member or household member.
9 "Mandated Reporter" means any of the following
10 individuals who have reasonable cause to believe that an
11 adult with disabilities with whom they have direct contact
12 has been subjected to abuse, neglect, or exploitation:
13 (1) A professional or professional's delegate
14 licensed under the Clinical Psychologist Licensing Act,
15 the Clinical Social Work and Social Work Practice Act,
16 the Illinois Dental Practice Act, the Marriage and Family
17 Therapy Licensing Act, the Dietetic and Nutrition
18 Services Practice Act, the Medical Practice Act of 1987,
19 the Naprapathic Practice Act, the Illinois Nursing Act of
20 1987, the Nursing Home Administrators Licensing and
21 Disciplinary Act, the Illinois Occupational Therapy
22 Practice Act, the Illinois Optometric Practice Act of
23 1987, the Pharmacy-Practice Act of 1987, the Illinois
24 Physical Therapy Act, the Physician Assistant Practice
25 Act of 1987, the Podiatric Medical Practice Act of 1987,
26 the Professional Counselor and Clinical Professional
27 Counselor Licensing Act, the Illinois Speech-Language
28 Pathology and Audiology Practice Act, the Veterinary
29 Medicine and Surgery Practice Act of 1994, and the
30 Illinois Public Accounting Act or a Christian Science
31 Practitioner.
32 (2) An employee of the Department of Human
33 Services, the Department of Aging, or its subsidiary
34 Agencies on Aging, the Department of Public Health and
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1 County or Municipal Health Departments, the Department of
2 Public Aid, the Guardianship and Advocacy Commission,
3 State Fire Marshall or local fire departments, the
4 Department of State Police and County or Local Law
5 Enforcement, and a coroner or medical examiner.
6 (3) An employee of an organization licensed,
7 certified, or funded by the Department of Human Services
8 to provide services to adults with disabilities.
9 "Neglect" means the another individual's or entity's
10 failure of family members or household members to exercise
11 that degree of care toward an adult with disabilities
12 disabled person that a reasonable person would exercise under
13 the circumstances and includes but is not limited to:
14 (1) the failure to take reasonable steps to protect
15 an adult with disabilities disabled person from acts of
16 abuse or exploitation;
17 (2) the repeated, careless imposition of
18 unreasonable confinement;
19 (3) the failure to provide food, shelter, clothing,
20 or and personal hygiene to an adult with disabilities
21 disabled person who requires that assistance;
22 (4) the failure to seek or provide medical,
23 rehabilitation, and habilitation care for the physical
24 and mental health needs of an adult with disabilities
25 disabled person; or
26 (5) the failure to protect an adult with
27 disabilities disabled person from health and safety
28 hazards.
29 Nothing in the definition of "neglect" shall be construed to
30 impose a requirement that assistance be provided to an adult
31 with disabilities disabled person over his or her objection
32 in the absence of a court order, nor to create any new
33 affirmative duty to provide support to an adult disabled
34 person.
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1 "Physical abuse" includes sexual abuse and means any of
2 the following:
3 (1) knowing or reckless use of physical force,
4 confinement, or restraint;
5 (2) knowing, repeated, and unnecessary sleep
6 deprivation; or
7 (3) knowing or reckless conduct which creates an
8 immediate risk of physical harm.
9 "Secretary" means the Secretary of Human Services.
10 "Sexual Abuse" means touching, fondling, sexual threats,
11 sexually inappropriate remarks, or any other sexual activity
12 with an adult with disabilities when the adult with
13 disabilities is unable to understand, unwilling to consent,
14 threatened, or physically forced to engage in sexual
15 behavior.
16 "Rehabilitation" or "habilitation" means those vocational
17 or other appropriate services that increase the opportunities
18 for independent functioning or gainful employment.
19 "Substantiated case" means a reported case of alleged or
20 suspected domestic abuse, neglect, or exploitation in which
21 the Adults with Disabilities Domestic Abuse Project staff,
22 after assessment, determines that there is reason to believe
23 abuse, neglect, or exploitation has occurred.
24 "Willful deprivation" means willfully denying an adult
25 with disabilities services or assistance for which they are
26 otherwise eligible, such as medication, medical care,
27 accessible shelter or services, food, assistive devices,
28 service animals, effective communication, or other physical
29 assistance, and thereby exposing that person to the risk of
30 physical, mental, or emotional harm, except with regard to
31 medical care or treatment when the adult with disabilities
32 has expressed an intent to forego such medical care or
33 treatment.
34 (Source: P.A. 89-507, eff. 7-1-97.)
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1 (20 ILCS 2435/20) (from Ch. 23, par. 3395-20)
2 Sec. 20. Establishment of project. The Office of
3 Inspector General Department of Human Services shall
4 establish an Adults with Disabilities a Domestic Abuse
5 Project as provided in this Act for adults with disabilities
6 adult disabled persons who have been abused, neglected, or
7 exploited in domestic living situations.
8 (Source: P.A. 89-507, eff. 7-1-97.)
9 (20 ILCS 2435/25) (from Ch. 23, par. 3395-25)
10 Sec. 25. Reports of domestic abuse, neglect, or
11 exploitation of an adult with disabilities.
12 (a) Any person who has reason to suspect abuse, neglect,
13 or exploitation of an adult with disabilities may report this
14 suspicion to the statewide telephone number established under
15 this Act. Any person, institution, or agency may voluntarily
16 report a case of alleged or suspected domestic abuse,
17 neglect, or exploitation of an adult disabled person to the
18 Domestic Abuse Project. Law enforcement officers shall also
19 continue to report incidents of alleged abuse pursuant to the
20 Illinois Domestic Violence Act of 1986.
21 (b) Any person, institution, or agency making a report
22 or assessment under this Section in good faith, or providing
23 information, participating in an assessment, or taking
24 photographs or x-rays, shall be immune from any civil or
25 criminal liability on account of making the report or
26 assessment, providing information, or participating in an
27 assessment, or on account of submitting or otherwise
28 disclosing the photographs or x-rays to the Adults with
29 Disabilities Domestic Abuse Project.
30 (c) The identity of a person making a report of alleged
31 or suspected domestic abuse, neglect, or exploitation under
32 this Section may be disclosed by the Office of Inspector
33 General Department or other agency provided for only with the
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1 person's written consent or by court order.
2 (d) Any mandated reporter who has reasonable cause to
3 believe that an adult with disabilities, as defined in this
4 Act, has within the last 12 months been subjected to abuse,
5 neglect, or exploitation, shall, within 24 hours of
6 developing such belief, report the suspicion to the statewide
7 telephone number established under this Act. The privileged
8 quality of communication between any professional person
9 required to report and his or her patient or client shall not
10 apply to situations involving abused, neglected, or exploited
11 adults with disabilities and shall not constitute grounds for
12 failure to report as required by this Act. Use of a
13 telecommunication device for the deaf constitutes an oral
14 report. Written reports may be taken, but cannot be
15 required.
16 (1) Any mandated reporter who makes a report or any
17 person conducting an assessment under this Act shall
18 testify fully in any judicial or administrative
19 proceeding resulting from such report as to any evidence
20 of abuse, neglect, or exploitation and the cause thereof.
21 (2) No evidence shall be excluded by reason of any
22 common law or statutory privilege relating to
23 communications between the alleged abuser or the adult
24 with disabilities who is the subject of the report under
25 this Act and the person making the report or conducting
26 the assessment.
27 (e) All reports shall, if possible, include the name and
28 address of the adult with disabilities, the name and address
29 of the alleged abuser, if applicable, the nature and extent
30 of the suspected abuse, neglect, or exploitation, the
31 possible extent of the injury or condition as a result of the
32 abuse, neglect, or exploitation, any evidence of previous
33 abuse, neglect, or exploitation, the time, date and location
34 of the incident, the name, address of the reporter, and any
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1 other information that the reporter believes may be useful in
2 investigating the suspected abuse, neglect, or exploitation.
3 (f) The Officer of Inspector General shall refer
4 evidence of crimes against an adult with disabilities to the
5 appropriate law enforcement agency according to Office of
6 Inspector General policies. A referral to law enforcement
7 may be made at any time. When the Officer of Inspector
8 General has reason to believe that the death of an adult with
9 disabilities may be the result of abuse, neglect, or
10 exploitation, the Office of Inspector General shall
11 immediately report the matter to the coroner or medical
12 examiner and shall cooperate fully with any subsequent
13 investigation.
14 (g) Nothing in this Act shall preclude a person from
15 reporting an alleged act of abuse, neglect, or exploitation
16 of an adult with disabilities to a law enforcement agency.
17 (h) Nothing in this Act shall diminish the duty of law
18 enforcement officers to respond to and investigate incidents
19 of alleged abuse, neglect, and exploitation pursuant to the
20 Illinois Domestic Violence Act of 1986, when applicable.
21 (i) Any person who intentionally or negligently fails to
22 report abuse, neglect, or exploitation is liable for damages
23 caused by this failure. Nothing in this Section imposes
24 vicarious liability for the acts or omissions of others.
25 (j) Any person or agency who intentionally makes a false
26 report under the provisions of this Act shall be liable in a
27 civil suit for any actual damages suffered by the reported
28 person, and for punitive damages up to $10,000 and attorney's
29 fees.
30 (Source: P.A. 87-658.)
31 (20 ILCS 2435/30) (from Ch. 23, par. 3395-30)
32 Sec. 30. Statewide telephone number.
33 (a) There shall be a single, statewide, TTY accessible,
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1 24-hour toll free telephone number established and maintained
2 by the Office of Inspector General Department that all
3 persons may use to report alleged or suspected domestic
4 abuse, neglect, or exploitation of an adult with disabilities
5 disabled person during normal business hours and equipped
6 with an automated telephone recording device to receive
7 reports after the close of normal business hours.
8 (b) The Office of Inspector General Department shall
9 make every effort to publicize the statewide, TTY accessible,
10 24-hour toll free telephone number and to encourage public
11 understanding of and cooperation in reporting and eliminating
12 domestic abuse, neglect, and exploitation of adults with
13 disabilities adult disabled persons.
14 (c) The Office of Inspector General shall conduct
15 training at least annually for persons taking reports on the
16 statewide telephone number and persons conducting
17 investigations and assessments and completing service plans.
18 (d) The Office of Inspector General shall notify
19 mandated reporters of their duty under this Act and make
20 relevant educational materials available to them.
21 (Source: P.A. 87-658.)
22 (20 ILCS 2435/35) (from Ch. 23, par. 3395-35)
23 Sec. 35. Assessment of reports.
24 (a) The Adults with Disabilities Domestic Abuse Project
25 shall, upon receiving a report of alleged or suspected
26 domestic abuse, neglect, or exploitation obtain and upon
27 receiving the consent of the subject of the report to,
28 conduct an assessment with respect to the report. The
29 assessment shall include, but not be limited to, a
30 face-to-face interview with the adult with disabilities
31 disabled person who is the subject of the report and may
32 include a visit to the residence of the adult with
33 disabilities, and interviews or consultations with service
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1 agencies or individuals who may have knowledge of the adult
2 disabled person's circumstances of the adult with
3 disabilities. A determination shall be made whether each
4 report is substantiated. If the Office of Inspector General
5 determines that there is clear and substantial risk of death
6 or great bodily harm, it shall immediately secure or provide
7 emergency protective services for purposes of preventing
8 further abuse, neglect, or exploitation, and for safeguarding
9 the welfare of the person. Such services must be provided in
10 the least restrictive environment commensurate with the adult
11 with disabilities' needs. If, after the assessment, the
12 Domestic Abuse Project determines that a case is
13 substantiated, it shall develop, with the consent of and in
14 consultation with the adult disabled person, a service plan
15 for the adult disabled person. The plan shall include
16 services and other supports which are appropriate to the
17 needs of the adult disabled person and which involve the
18 least restriction of the adult disabled person's activities
19 commensurate with his needs, such as those provided by the
20 Department's Home Services Program and supported community
21 agencies. Every effort shall be made by the Domestic Abuse
22 Project to coordinate and cooperate with public and private
23 agencies to ensure the provision of services necessary to
24 eliminate further domestic abuse, neglect, and exploitation
25 of the adult disabled person who is the subject of the
26 report.
27 (a-5) The Adults with Disabilities Abuse Project shall
28 initiate an assessment of all reports of alleged or suspected
29 abuse or neglect within 7 days after receipt of the report,
30 except reports of abuse or neglect that indicate that the
31 life or safety of an adult with disabilities is in imminent
32 danger shall be assessed within 24 hours after receipt of the
33 report. Reports of exploitation shall be assessed within 30
34 days after the receipt of the report.
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1 (b) (Blank). The Domestic Abuse Project shall conduct an
2 assessment of all reports of alleged or suspected domestic
3 abuse or neglect within 7 days after receipt of the report,
4 except reports of abuse or neglect that indicate that an
5 adult disabled person's life or safety is in imminent danger
6 shall be assessed within 24 hours after receipt of the
7 report. Reports of exploitation shall be assessed within 30
8 days after the receipt of the report.
9 (c) The Department shall effect written interagency
10 agreements with other State departments and any other public
11 and private agencies to coordinate and cooperate in the
12 handling of substantiated cases; to accept and manage
13 substantiated cases on a priority basis; and to waive
14 eligibility requirements for the adult with disabilities
15 disabled persons in an emergency.
16 (d) Every effort shall be made by the Adults with
17 Disabilities Abuse Project to coordinate and cooperate with
18 public and private agencies to ensure the provision of
19 services necessary to eliminate further abuse, neglect, and
20 exploitation of the adult with disabilities who is the
21 subject of the report.
22 The Office of Inspector General Department shall
23 promulgate rules and regulations to ensure the effective
24 implementation of the Adults with Disabilities Domestic Abuse
25 Project statewide.
26 (e) When the Adults with Disabilities Abuse Project
27 determines that a case is substantiated, it shall refer the
28 case to the appropriate office within the Department of Human
29 Services to develop, with the consent of and in consultation
30 with the adult with disabilities, a service plan for the
31 adult with disabilities.
32 (f) The Adults with Disabilities Abuse Project shall
33 refer reports of alleged or suspected abuse, neglect, or
34 exploitation to another State agency when that agency has a
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1 statutory obligation to investigate such reports.
2 (g) If the Adults with Disabilities Abuse Project has
3 reason to believe that a crime has been committed, the
4 incident shall be reported to the appropriate law enforcement
5 agency.
6 (Source: P.A. 89-507, eff. 7-1-97.)
7 (20 ILCS 2435/40) (from Ch. 23, par. 3395-40)
8 Sec. 40. Assessment and Service plan periods. The
9 Department shall by rule establish the period of time within
10 which an assessment shall begin and within which a service
11 plan shall be implemented and the duration of the plan. The
12 rules shall provide for an expedited response to emergency
13 situations.
14 (Source: P.A. 87-658.)
15 (20 ILCS 2435/45) (from Ch. 23, par. 3395-45)
16 Sec. 45. Informed consent.
17 (a) If the Adults with Disabilities Domestic Abuse
18 Project has received a report of alleged or suspected abuse,
19 neglect, or exploitation with regard to an adult with
20 disabilities disabled person who lacks the capacity to
21 consent to an assessment or to services, the Adults with
22 Disabilities Domestic Abuse Project may seek, directly or
23 through another agency, the appointment of a temporary or
24 permanent guardian as provided in Article XIa of the Probate
25 Act of 1975 or other relief as provided under the Illinois
26 Domestic Violence Act of 1986.
27 (a-5) If the adult with disabilities consents to the
28 assessment, such assessment shall be conducted. If the adult
29 with disabilities consents to the services included in the
30 service plan, such services shall be provided. If the adult
31 with disabilities refuses or withdraws his or her consent to
32 the completion of the assessment, the assessment shall be
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1 terminated. If the adult with disabilities refuses or
2 withdraws his or her consent to the provision of services,
3 the services shall not be provided.
4 (b) A guardian of the person with authority to make
5 decisions concerning conducting an assessment or providing
6 services of an adult with disabilities disabled person who is
7 abused, neglected, or exploited by another individual in a
8 domestic living situation may consent to an assessment or to
9 services being provided pursuant to the service plan. If the
10 guardian is alleged to be the perpetrator of the abuse,
11 neglect, or exploitation, the Adults with Disabilities
12 Domestic Abuse Project shall seek the appointment of a
13 temporary substitute guardian pursuant to Section 213.3 of
14 the Illinois Domestic Violence Act of 1986 under the
15 provisions of Article XIa of the Probate Act of 1975. If a
16 guardian withdraws his consent or refuses to allow an
17 assessment or services to be provided to the adult with
18 disabilities, the Adults with Disabilities Domestic Abuse
19 Project may request an order of protection under the Illinois
20 Domestic Violence Act of 1986 seeking appropriate remedies,
21 and may in addition request removal of the guardian and
22 appointment of a successor guardian pursuant to Article XIa
23 of the Probate Act of 1975.
24 (c) For the purposes of this Section only, "lacks the
25 capacity to consent" shall mean that the adult with
26 disabilities disabled person reasonably appears to be unable
27 by reason of physical or mental condition to receive and
28 evaluate information related to the assessment or services,
29 or to communicate decisions related to the assessment or
30 services in the manner in which the person communicates.
31 (Source: P.A. 90-655, eff. 7-30-98.)
32 (20 ILCS 2435/50) (from Ch. 23, par. 3395-50)
33 Sec. 50. Access of an adult with disabilities disabled
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1 persons.
2 (a) No person shall obstruct or impede the access of an
3 adult with disabilities disabled person to the Adults with
4 Disabilities Domestic Abuse Project nor obstruct or impede
5 the assessment of domestic abuse, neglect, or exploitation of
6 an adult with disabilities disabled person if the adult
7 consents to the assessment. If a person does so obstruct or
8 impede the access of an adult with disabilities disabled
9 person or assessment of domestic abuse, neglect, or
10 exploitation of the adult, local law enforcement agencies
11 shall take all appropriate action to assist the party seeking
12 access in petitioning for a warrant or an ex parte injunctive
13 order. The warrant or order may issue upon a showing of
14 probable cause to believe that the adult with disabilities
15 disabled person is the subject of domestic abuse, neglect, or
16 exploitation that constitutes a criminal offense or that any
17 other criminal offense is occurring that affects the
18 interests or welfare of the adult disabled person. When,
19 from the personal observations of a law enforcement officer,
20 it appears probable that delay of entry in order to obtain a
21 warrant or order would cause the adult with disabilities
22 disabled person to be in imminent danger of death or great
23 bodily harm, entry may be made by the law enforcement officer
24 after an announcement of the officer's authority and purpose.
25 (b) Pursuant to applicable State and federal law and
26 regulation, the reporting, assessment, and provision of
27 services shall be fully accessible to adults with
28 disabilities.
29 (Source: P.A. 87-658.)
30 (20 ILCS 2435/55) (from Ch. 23, par. 3395-55)
31 Sec. 55. Access to records. All records concerning
32 reports of domestic abuse, neglect, or exploitation of an
33 adult with disabilities disabled persons and all records
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1 generated as a result of the reports shall be confidential
2 and shall not be disclosed except as specifically authorized
3 by this Act or other applicable law. Access to the records,
4 but not access to the identity of the person or persons
5 making a report of alleged domestic abuse, neglect, or
6 exploitation as contained in the records, shall be allowed to
7 the following persons and for the following purposes:
8 (a) Adults with Disabilities Domestic Abuse Project
9 staff in the furtherance of their responsibilities under this
10 Act;
11 (b) A law enforcement agency investigating alleged or
12 suspected domestic abuse, neglect, or exploitation of an
13 adult with disabilities disabled persons;
14 (c) An adult with disabilities disabled person reported
15 to be abused, neglected, or exploited, or the adult disabled
16 person's guardian of an adult with disabilities unless the
17 guardian is the alleged perpetrator of the abuse, neglect, or
18 exploitation;
19 (d) A court, upon its finding that access to the records
20 may be necessary for the determination of an issue before the
21 court. However, the access shall be limited to an in camera
22 inspection of the records, unless the court determines that
23 disclosure of the information contained therein is necessary
24 for the resolution of an issue then pending before it;
25 (e) A grand jury, upon its determination that access to
26 the records is necessary to the conduct of its official
27 business;
28 (f) Any person authorized by the Secretary, in writing,
29 for audit or bona fide research purposes;
30 (g) A coroner or medical examiner who has reason to
31 believe that abuse or neglect contributed to or resulted in
32 the death of an adult with disabilities an adult disabled
33 person has died as the result of domestic abuse or neglect;
34 (h) The agency designated pursuant to the Protection and
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1 Advocacy for Developmentally Disabled Persons Act and the
2 Protection and Advocacy for Mentally Ill Persons Act.
3 (Source: P.A. 89-507, eff. 7-1-97.)
4 (20 ILCS 2435/60) (from Ch. 23, par. 3395-60)
5 Sec. 60. Annual reports. The Office of Inspector
6 General Department shall file with the Governor and the
7 General Assembly, within 90 days after the end of each fiscal
8 year, a report concerning its implementation of the Domestic
9 Abuse Project during each fiscal year, together with any
10 recommendations for future implementation. The annual report
11 shall include data on numbers of reports received, numbers of
12 reports substantiated, and unsubstantiated, number of
13 referrals to law enforcement and other referral resources,
14 numbers of assessments and service plans completed, and
15 protective services provided. The report shall also include
16 information on public education efforts engaged in, and
17 training provided to persons or agencies who are responsible
18 for the Act's implementation and education information
19 provided to mandated reporters.
20 (Source: P.A. 87-658.)
21 (20 ILCS 2435/65 rep.)
22 Section 15. The Domestic Abuse of Disabled Adults
23 Intervention Act is amended by repealing Section 65.
24 Section 20. The Abused and Neglected Long Term Care
25 Facility Residents Reporting Act is amended by changing
26 Section 6.2 as follows:
27 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
28 (Section scheduled to be repealed on January 1, 2000)
29 Sec. 6.2. Inspector General.
30 (a) The Governor shall appoint, and the Senate shall
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1 confirm, an Inspector General who shall function within the
2 Department of Human Services and report to the Secretary of
3 Human Services and the Governor. The Inspector General shall
4 investigate reports of suspected abuse or neglect (as those
5 terms are defined in Section 3 of this Act) of patients or
6 residents in any mental health or developmental disabilities
7 facility operated by the Department of Human Services and
8 shall have authority to investigate and take immediate action
9 on reports of abuse or neglect of recipients, whether
10 patients or residents, in any mental health or developmental
11 disabilities facility or program that is licensed or
12 certified by the Department of Human Services (as successor
13 to the Department of Mental Health and Developmental
14 Disabilities) or that is funded by the Department of Human
15 Services (as successor to the Department of Mental Health and
16 Developmental Disabilities) and is not licensed or certified
17 by any agency of the State. At the specific, written request
18 of an agency of the State other than the Department of Human
19 Services (as successor to the Department of Mental Health and
20 Developmental Disabilities), the Inspector General may
21 cooperate in investigating reports of abuse and neglect of
22 persons with mental illness or persons with developmental
23 disabilities. The Inspector General shall have no
24 supervision over or involvement in routine, programmatic,
25 licensure, or certification operations of the Department of
26 Human Services or any of its funded agencies.
27 The Inspector General shall promulgate rules establishing
28 minimum requirements for reporting allegations of abuse and
29 neglect and initiating, conducting, and completing
30 investigations. The promulgated rules shall clearly set
31 forth that in instances where 2 or more State agencies could
32 investigate an allegation of abuse or neglect, the Inspector
33 General shall not conduct an investigation that is redundant
34 to an investigation conducted by another State agency. The
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1 rules shall establish criteria for determining, based upon
2 the nature of the allegation, the appropriate method of
3 investigation, which may include, but need not be limited to,
4 site visits, telephone contacts, or requests for written
5 responses from agencies. The rules shall also clarify how
6 the Office of the Inspector General shall interact with the
7 licensing unit of the Department of Human Services in
8 investigations of allegations of abuse or neglect. Any
9 allegations or investigations of reports made pursuant to
10 this Act shall remain confidential until a final report is
11 completed. The resident or patient who allegedly was abused
12 or neglected and his or her legal guardian shall be informed
13 by the facility or agency of the report of alleged abuse or
14 neglect. Final reports regarding unsubstantiated or unfounded
15 allegations shall remain confidential, except that final
16 reports may be disclosed pursuant to Section 6 of this Act.
17 The Inspector General shall be appointed for a term of 4
18 years.
19 (b) The Inspector General shall within 24 hours after
20 receiving a report of suspected abuse or neglect determine
21 whether the evidence indicates that any possible criminal act
22 has been committed. If he determines that a possible criminal
23 act has been committed, or that special expertise is required
24 in the investigation, he shall immediately notify the
25 Department of State Police. The Department of State Police
26 shall investigate any report indicating a possible murder,
27 rape, or other felony. All investigations conducted by the
28 Inspector General shall be conducted in a manner designed to
29 ensure the preservation of evidence for possible use in a
30 criminal prosecution.
31 (b-5) The Inspector General shall make a determination
32 to accept or reject a preliminary report of the investigation
33 of alleged abuse or neglect based on established
34 investigative procedures. The facility or agency may request
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1 clarification or reconsideration based on additional
2 information. For cases where the allegation of abuse or
3 neglect is substantiated, the Inspector General shall require
4 the facility or agency to submit a written response. The
5 written response from a facility or agency shall address in a
6 concise and reasoned manner the actions that the agency or
7 facility will take or has taken to protect the resident or
8 patient from abuse or neglect, prevent reoccurrences, and
9 eliminate problems identified and shall include
10 implementation and completion dates for all such action.
11 (c) The Inspector General shall, within 10 calendar days
12 after the transmittal date of a completed investigation where
13 abuse or neglect is substantiated or administrative action is
14 recommended, provide a complete report on the case to the
15 Secretary of Human Services and to the agency in which the
16 abuse or neglect is alleged to have happened. The complete
17 report shall include a written response from the agency or
18 facility operated by the State to the Inspector General that
19 addresses in a concise and reasoned manner the actions that
20 the agency or facility will take or has taken to protect the
21 resident or patient from abuse or neglect, prevent
22 reoccurrences, and eliminate problems identified and shall
23 include implementation and completion dates for all such
24 action. The Secretary of Human Services shall accept or
25 reject the response and establish how the Department will
26 determine whether the facility or program followed the
27 approved response. The Secretary may require Department
28 personnel to visit the facility or agency for training,
29 technical assistance, programmatic, licensure, or
30 certification purposes. Administrative action, including
31 sanctions, may be applied should the Secretary reject the
32 response or should the facility or agency fail to follow the
33 approved response. The facility or agency shall inform the
34 resident or patient and the legal guardian whether the
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1 reported allegation was substantiated, unsubstantiated, or
2 unfounded. There shall be an appeals process for any person
3 or agency that is subject to any action based on a
4 recommendation or recommendations.
5 (d) The Inspector General may recommend to the
6 Departments of Public Health and Human Services sanctions to
7 be imposed against mental health and developmental
8 disabilities facilities under the jurisdiction of the
9 Department of Human Services for the protection of residents,
10 including appointment of on-site monitors or receivers,
11 transfer or relocation of residents, and closure of units.
12 The Inspector General may seek the assistance of the Attorney
13 General or any of the several State's attorneys in imposing
14 such sanctions.
15 (e) The Inspector General shall establish and conduct
16 periodic training programs for Department employees
17 concerning the prevention and reporting of neglect and abuse.
18 (f) The Inspector General shall at all times be granted
19 access to any mental health or developmental disabilities
20 facility operated by the Department, shall establish and
21 conduct unannounced site visits to those facilities at least
22 once annually, and shall be granted access, for the purpose
23 of investigating a report of abuse or neglect, to any
24 facility or program funded by the Department that is subject
25 under the provisions of this Section to investigation by the
26 Inspector General for a report of abuse or neglect.
27 (g) Nothing in this Section shall limit investigations
28 by the Department of Human Services that may otherwise be
29 required by law or that may be necessary in that Department's
30 capacity as the central administrative authority responsible
31 for the operation of State mental health and developmental
32 disability facilities.
33 (g-5) The Inspector General shall establish and keep a
34 public registry of employees implicated in findings for abuse
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1 and neglect of patients or residents in any mental health or
2 developmental disabilities facility operated by the
3 Department of Human Services, any mental health or
4 developmental disabilities facility or program that is
5 licensed or certified by the Department of Human Services, or
6 any mental health or developmental disabilities facility or
7 program that is funded by the Department of Human Services
8 and is not licensed or certified by any agency of the State.
9 (h) This Section is repealed on January 1, 2000.
10 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97;
11 90-252, eff. 7-29-97; 90-512, eff. 8-22-97; 90-655, eff.
12 7-30-98.)
13 Section 25. The Unified Code of Corrections is amended
14 by changing Section 5-5-3.2 as follows:
15 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
16 Sec. 5-5-3.2. Factors in Aggravation.
17 (a) The following factors shall be accorded weight in
18 favor of imposing a term of imprisonment or may be considered
19 by the court as reasons to impose a more severe sentence
20 under Section 5-8-1:
21 (1) the defendant's conduct caused or threatened
22 serious harm;
23 (2) the defendant received compensation for
24 committing the offense;
25 (3) the defendant has a history of prior
26 delinquency or criminal activity;
27 (4) the defendant, by the duties of his office or
28 by his position, was obliged to prevent the particular
29 offense committed or to bring the offenders committing it
30 to justice;
31 (5) the defendant held public office at the time of
32 the offense, and the offense related to the conduct of
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1 that office;
2 (6) the defendant utilized his professional
3 reputation or position in the community to commit the
4 offense, or to afford him an easier means of committing
5 it;
6 (7) the sentence is necessary to deter others from
7 committing the same crime;
8 (8) the defendant committed the offense against a
9 person 60 years of age or older or such person's
10 property;
11 (9) the defendant committed the offense against a
12 person who is physically or mentally disabled handicapped
13 handicapped at the time of the offense or such
9 person's property; or
10 (5) In the case of a defendant convicted of
11 aggravated criminal sexual assault or criminal sexual
12 assault, when the court finds that aggravated criminal
13 sexual assault or criminal sexual assault was also
14 committed on the same victim by one or more other
15 individuals, and the defendant voluntarily participated
16 in the crime with the knowledge of the participation of
17 the others in the crime, and the commission of the crime
18 was part of a single course of conduct during which there
19 was no substantial change in the nature of the criminal
20 objective; or
21 (6) When a defendant is convicted of any felony and
22 the offense involved any of the following types of
23 specific misconduct committed as part of a ceremony,
24 rite, initiation, observance, performance, practice or
25 activity of any actual or ostensible religious,
26 fraternal, or social group:
27 (i) the brutalizing or torturing of humans or
28 animals;
29 (ii) the theft of human corpses;
30 (iii) the kidnapping of humans;
31 (iv) the desecration of any cemetery,
32 religious, fraternal, business, governmental,
33 educational, or other building or property; or
34 (v) ritualized abuse of a child; or
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1 (7) When a defendant is convicted of first degree
2 murder, after having been previously convicted in
3 Illinois of any offense listed under paragraph (c)(2) of
4 Section 5-5-3, when such conviction has occurred within
5 10 years after the previous conviction, excluding time
6 spent in custody, and such charges are separately brought
7 and tried and arise out of different series of acts; or
8 (8) When a defendant is convicted of a felony other
9 than conspiracy and the court finds that the felony was
10 committed under an agreement with 2 or more other persons
11 to commit that offense and the defendant, with respect to
12 the other individuals, occupied a position of organizer,
13 supervisor, financier, or any other position of
14 management or leadership, and the court further finds
15 that the felony committed was related to or in
16 furtherance of the criminal activities of an organized
17 gang or was motivated by the defendant's leadership in an
18 organized gang; or
19 (9) When a defendant is convicted of a felony
20 violation of Section 24-1 of the Criminal Code of 1961
21 and the court finds that the defendant is a member of an
22 organized gang.
23 (b-1) For the purposes of this Section, "organized gang"
24 has the meaning ascribed to it in Section 10 of the Illinois
25 Streetgang Terrorism Omnibus Prevention Act.
26 (c) The court may impose an extended term sentence under
27 Section 5-8-2 upon any offender who was convicted of
28 aggravated criminal sexual assault where the victim was under
29 18 years of age at the time of the commission of the offense.
30 (d) The court may impose an extended term sentence under
31 Section 5-8-2 upon any offender who was convicted of unlawful
32 use of weapons under Section 24-1 of the Criminal Code of
33 1961 for possessing a weapon that is not readily
34 distinguishable as one of the weapons enumerated in Section
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1 24-1 of the Criminal Code of 1961.
2 (Source: P.A. 89-235, eff. 8-4-95; 89-377, eff. 8-18-95;
3 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
4 65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97; 90-651, eff.
5 1-1-99; 90-686, eff. 1-1-99; revised 9-16-98.)