Public Act 100-1075
 
SB3075 EnrolledLRB100 19643 RLC 34916 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Children and Family Services Act is amended
by adding Section 41 as follows:
 
    (20 ILCS 505/41 new)
    Sec. 41. Department of Children and Family Services to
submit quarterly reports to the General Assembly.
    (a) The Department of Children and Family Services shall,
by January 1, April 1, July 1, and October 1 of each year,
electronically transmit to the General Assembly, a report that
shall include the following information reflecting the period
ending 15 days prior to the submission of the electronic
report:
        (1) the number of assaults on or threats against
    employees in the line of duty by service region;
        (2) the number of employee injuries resulting from
    assaults in the line of duty; and
        (3) descriptions of the nature of each injury, the
    number of injuries requiring medical treatment, and the
    number of days off work per injury.
    (b) The requirements in subsection (a) do not relieve the
Department from the recordkeeping requirements of the
Occupational Safety and Health Act.
    (c) The Department shall:
        (1) establish a reasonable procedure for employees to
    report work-related assaults and injuries. A procedure is
    not reasonable if it would deter or discourage a reasonable
    employee from accurately reporting a workplace assault or
    injury;
        (2) inform each employee:
            (A) of the procedure for reporting work-related
        assaults and injuries;
            (B) of the right to report work-related assaults
        and injuries; and
            (C) that the Department is prohibited from
        discharging or in any manner discriminating against
        employees for reporting work-related assaults and
        injuries; and
        (3) not discharge, discipline, or in any manner
    discriminate against any employee for reporting a
    work-related assault or injury.
 
    Section 10. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
4 as follows:
 
    (20 ILCS 1705/4)  (from Ch. 91 1/2, par. 100-4)
    Sec. 4. Supervision of facilities and services; quarterly
reports.
    (a) To exercise executive and administrative supervision
over all facilities, divisions, programs and services now
existing or hereafter acquired or created under the
jurisdiction of the Department, including, but not limited to,
the following:
        The Alton Mental Health Center, at Alton
        The Clyde L. Choate Mental Health and Developmental
    Center, at Anna
        The Chester Mental Health Center, at Chester
        The Chicago-Read Mental Health Center, at Chicago
        The Elgin Mental Health Center, at Elgin
        The Metropolitan Children and Adolescents Center, at
    Chicago
        The Jacksonville Developmental Center, at Jacksonville
        The Governor Samuel H. Shapiro Developmental Center,
    at Kankakee
        The Tinley Park Mental Health Center, at Tinley Park
        The Warren G. Murray Developmental Center, at
    Centralia
        The Jack Mabley Developmental Center, at Dixon
        The Lincoln Developmental Center, at Lincoln
        The H. Douglas Singer Mental Health and Developmental
    Center, at Rockford
        The John J. Madden Mental Health Center, at Chicago
        The George A. Zeller Mental Health Center, at Peoria
        The Andrew McFarland Mental Health Center, at
    Springfield
        The Adolf Meyer Mental Health Center, at Decatur
        The William W. Fox Developmental Center, at Dwight
        The Elisabeth Ludeman Developmental Center, at Park
    Forest
        The William A. Howe Developmental Center, at Tinley
    Park
        The Ann M. Kiley Developmental Center, at Waukegan.
    (b) Beginning not later than July 1, 1977, the Department
shall cause each of the facilities under its jurisdiction which
provide in-patient care to comply with standards, rules and
regulations of the Department of Public Health prescribed under
Section 6.05 of the Hospital Licensing Act.
    (b-5) The Department shall cause each of the facilities
under its jurisdiction that provide in-patient care to comply
with Section 6.25 of the Hospital Licensing Act.
    (c) The Department shall issue quarterly electronic
reports to the General Assembly on admissions, deflections,
discharges, bed closures, staff-resident ratios, census,
average length of stay, and any adverse federal certification
or accreditation findings, if any, for each State-operated
facility for the mentally ill and for persons with
developmental disabilities. The quarterly reports shall be
issued by January 1, April 1, July 1, and October 1 of each
year. The quarterly reports shall include the following
information for each facility reflecting the period ending 15
days prior to the submission of the report:
        (1) the number of employees;
        (2) the number of workplace violence incidents that
    occurred, including the number that were a direct assault
    on employees by residents and the number that resulted from
    staff intervention in a resident altercation or other form
    of injurious behavior;
        (3) the number of employees impacted in each incident;
    and
        (4) the number of employee injuries resulting,
    descriptions of the nature of the injuries, the number of
    employee injuries requiring medical treatment at the
    facility, the number of employee injuries requiring
    outside medical treatment, and the number of days off work
    per injury.
    (d) The requirements in subsection (c) do not relieve the
Department from the recordkeeping requirements of the
Occupational Safety and Health Act.
    (e) The Department shall:
        (1) establish a reasonable procedure for employees to
    report work-related assaults and injuries. A procedure is
    not reasonable if it would deter or discourage a reasonable
    employee from accurately reporting a workplace assault or
    injury;
        (2) inform each employee:
            (A) of the procedure for reporting work-related
        assaults and injuries;
            (B) of the right to report work-related assaults
        and injuries; and
            (C) that the Department is prohibited from
        discharging or in any manner discriminating against
        employees for reporting work-related assaults and
        injuries; and
        (3) not discharge, discipline, or in any manner
    discriminate against any employee for reporting a
    work-related assault or injury.
(Source: P.A. 99-143, eff. 7-27-15.)
 
    Section 15. The Unified Code of Corrections is amended by
changing Sections 3-2.5-61 and 3-5-3.1 as follows:
 
    (730 ILCS 5/3-2.5-61)
    Sec. 3-2.5-61. Annual and other reports.
    (a) The Director shall make an annual electronic report to
the Governor and General Assembly concerning persons committed
to the Department, its institutions, facilities, and programs,
of all moneys expended and received, and on what accounts
expended and received no later than January 1 of each year. The
report shall include the ethnic and racial background data, not
identifiable to an individual, of all persons committed to the
Department, its institutions, facilities, programs, and
outcome measures established with the Juvenile Advisory Board.
    (b) The Department of Juvenile Justice shall, by January 1,
April 1, July 1, and October 1 of each year, electronically
transmit to the Governor and General Assembly, a report which
shall include the following information:
        (1) the number of youth in each of the Department's
    facilities and the number of youth on aftercare;
        (2) the demographics of sex, age, race and ethnicity,
    classification of offense, and geographic location where
    the offense occurred;
        (3) the educational and vocational programs provided
    at each facility and the number of residents participating
    in each program;
        (4) the present capacity levels in each facility; and
        (5) the ratio of the security staff to residents in
    each facility by federal Prison Rape Elimination Act (PREA)
    definitions; .
        (6) the number of reported assaults on staff at each
    facility;
        (7) the number of reported incidents of youth sexual
    aggression towards staff at each facility including sexual
    assault, residents exposing themselves, sexual touching,
    and sexually offensive harassing language such as repeated
    and unwelcome sexual advances, requests for sexual favors,
    or verbal comments, gestures, or actions of a derogatory or
    offensive sexual nature; and
        (8) the number of staff injuries resulting from youth
    violence at each facility including descriptions of the
    nature and location of the injuries, the number of staff
    injuries requiring medical treatment at the facility, the
    number of staff injuries requiring outside medical
    treatment and the number of days off work per injury. For
    purposes of this Section, the definition of assault on
    staff includes, but is not limited to, kicking, punching,
    knocking down, harming or threatening to harm with
    improvised weapons, or throwing urine or feces at staff.
    (c) The requirements in subsection (b) do not relieve the
Department from the recordkeeping requirements of the
Occupational Safety and Health Act.
    (d) The Department shall:
        (1) establish a reasonable procedure for employees to
    report work-related assaults and injuries. A procedure is
    not reasonable if it would deter or discourage a reasonable
    employee from accurately reporting a workplace assault or
    injury;
        (2) inform each employee:
            (A) of the procedure for reporting work-related
        assaults and injuries;
            (B) of the right to report work-related assaults
        and injuries; and
            (C) that the Department is prohibited from
        discharging or in any manner discriminating against
        employees for reporting work-related assaults and
        injuries; and
        (3) not discharge, discipline or in any manner
    discriminate against any employee for reporting a
    work-related assault or injury.
    (e) For the purposes of paragraphs (7) and (8) of
subsection (b) only, reports shall be filed beginning July 1,
2019 or the implementation of the Department's Offender 360
Program, whichever occurs first.
(Source: P.A. 99-255, eff. 1-1-16.)
 
    (730 ILCS 5/3-5-3.1)  (from Ch. 38, par. 1003-5-3.1)
    Sec. 3-5-3.1. As used in this Section, "facility" includes
any facility of the Department of Corrections.
    (a) The Department of Corrections shall, by January 1st,
April 1st, July 1st, and October 1st of each year,
electronically transmit to the General Assembly, a report which
shall include the following information reflecting the period
ending fifteen days prior to the submission of the report: (1)
the number of residents in all Department facilities indicating
the number of residents in each listed facility; (2) a
classification of each facility's residents by the nature of
the offense for which each resident was committed to the
Department; (3) the number of residents in maximum, medium, and
minimum security facilities indicating the classification of
each facility's residents by the nature of the offense for
which each resident was committed to the Department; (4) the
educational and vocational programs provided at each facility
and the number of residents participating in each such program;
(5) the present design and rated capacity levels in each
facility; (6) the projected design and rated capacity of each
facility six months and one year following each reporting date;
(7) the ratio of the security staff guards to residents in each
facility; (8) the ratio of total employees to residents in each
facility; (9) the number of residents in each facility that are
single-celled and the number in each facility that are
double-celled; (10) information indicating the distribution of
residents in each facility by the allocated floor space per
resident; (11) a status of all capital projects currently
funded by the Department, location of each capital project, the
projected on-line dates for each capital project, including
phase-in dates and full occupancy dates; (12) the projected
adult prison facility populations of the Department for each of
the succeeding twelve months following each reporting date,
indicating all assumptions built into such population
estimates; (13) the projected exits and projected admissions in
each facility for each of the succeeding twelve months
following each reporting date, indicating all assumptions
built into such population estimate; and (14) the locations of
all Department-operated or contractually operated community
correctional centers, including the present design and rated
capacity and population levels at each facility; (15) the
number of reported assaults on employees at each facility; (16)
the number of reported incidents of resident sexual aggression
towards employees at each facility including sexual assault,
residents exposing themselves, sexual touching, and sexually
offensive language; and (17) the number of employee injuries
resulting from resident violence at each facility including
descriptions of the nature of the injuries, the number of
injuries requiring medical treatment at the facility, the
number of injuries requiring outside medical treatment and the
number of days off work per injury. For purposes of this
Section, the definition of assault on staff includes, but is
not limited to, kicking, punching, knocking down, harming or
threatening to harm with improvised weapons, or throwing urine
or feces at staff.
    (b) The requirements in subsection (a) do not relieve the
Department from the recordkeeping requirements of the
Occupational Safety and Health Act.
    (c) The Department shall:
        (1) establish a reasonable procedure for employees to
    report work-related assaults and injuries. A procedure is
    not reasonable if it would deter or discourage a reasonable
    employee from accurately reporting a workplace assault or
    injury;
        (2) inform each employee:
            (A) of the procedure for reporting work-related
        assaults and injuries;
            (B) of the right to report work-related assaults
        and injuries; and
            (C) that the Department is prohibited from
        discharging or in any manner discriminating against
        employees for reporting work-related assaults and
        injuries; and
        (3) not discharge, discipline, or in any manner
    discriminate against any employee for reporting a
    work-related assault or injury.
(Source: P.A. 99-255, eff. 1-1-16.)
 
    Section 99. Effective date. This Act takes effect January
1, 2019.