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Public Act 101-0229


 

Public Act 0229 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0229
 
HB0344 EnrolledLRB101 04640 CPF 49649 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Authorized Electronic Monitoring in Community-Integrated
Living Arrangements and Developmental Disability Facilities
Act.
 
    Section 5. Definitions. As used in this Act:
    "Authorized electronic monitoring" means the placement and
use of an electronic monitoring device by a resident in his or
her room in accordance with this Act.
    "Community-integrated living arrangement" has the meaning
given to that term in Section 3 of the Community-Integrated
Living Arrangements Licensure and Certification Act.
    "Department" means the Department of Human Services.
    "Developmental disability facility" means a facility or
section of a facility that is licensed by, operated by, or is
under contract with the State or a political subdivision of the
State and that admits persons with developmental disabilities
for residential services.
    "Electronic monitoring device" means a surveillance
instrument with a fixed position video camera or an audio
recording device, or a combination thereof, that is installed
in a resident's room under the provisions of this Act and
broadcasts or records activity or sounds occurring in the room.
    "Resident" means a person residing in a
community-integrated living arrangement or developmental
disability facility.
    "Staff" includes individuals providing supervisory of
other services at a community-integrated living arrangement or
developmental disability facility.
 
    Section 10. Authorized electronic monitoring.
    (a) A resident shall be permitted to conduct authorized
electronic monitoring of the resident's room through the use of
electronic monitoring devices placed in the room pursuant to
this Act.
    (b) Nothing in this Act shall be construed to allow the use
of an electronic monitoring device to take still photographs or
for the nonconsensual interception of private communications.
 
    Section 15. Consent.
    (a) Except as otherwise provided in this subsection, a
resident, a resident's plenary guardian of the person, or the
parent of a resident under the age of 18 must consent in
writing on a notification and consent form prescribed by the
Department to the authorized electronic monitoring in the
resident's room.
    (b) A resident or roommate may consent to authorized
electronic monitoring with any conditions of the resident's
choosing, including, but not limited to, the list of standard
conditions provided in paragraph (7) of subsection (b) of
Section 20. A resident or roommate may request that the
electronic monitoring device be turned off or the visual
recording component of the electronic monitoring device be
blocked at any time.
    (c) Prior to the authorized electronic monitoring, a
resident must obtain the written consent of any other resident
residing in the room on the notification and consent form
prescribed by the Department. Except as otherwise provided in
this subsection, a roommate, a roommate's plenary guardian of
the person, or the parent of a roommate under the age of 18
must consent in writing to the authorized electronic monitoring
in the resident's room.
    (c-7) Any resident previously conducting authorized
electronic monitoring must obtain consent from any new roommate
before the resident may resume authorized electronic
monitoring. If a new roommate does not consent to authorized
electronic monitoring and the resident conducting the
authorized electronic monitoring does not remove or disable the
electronic monitoring device, the staff shall turn off the
device.
    (d) Consent may be withdrawn by the resident or roommate at
any time, and the withdrawal of consent shall be documented in
the resident's clinical record. If a roommate withdraws consent
and the resident conducting the authorized electronic
monitoring does not remove or disable the electronic monitoring
device, the staff may turn off the electronic monitoring
device.
    (e) If a resident who is residing in a shared room wants to
conduct authorized electronic monitoring and another resident
living in or moving into the same shared room refuses to
consent to the use of an electronic monitoring device, the
staff shall make a reasonable attempt to accommodate the
resident who wants to conduct authorized electronic
monitoring.
 
    Section 20. Notice to the staff.
    (a) Authorized electronic monitoring may begin only after a
notification and consent form prescribed by the Department has
been completed and submitted to the staff.
    (b) A resident shall notify the staff in writing of his or
her intent to install an electronic monitoring device by
providing a completed notification and consent form prescribed
by the Department that must include, at minimum, the following
information:
        (1) the resident's signed consent to electronic
    monitoring or the signature of the person consenting on
    behalf of the resident in accordance with Section 15 of
    this Act; if a person other than the resident signs the
    consent form, the form must document the following:
            (A) the date the resident was asked if he or she
        wants authorized electronic monitoring to be conducted
        in accordance with subsection (a-5) of Section 15;
            (B) who was present when the resident was asked;
        and
            (C) an acknowledgment that the resident did not
        affirmatively object; and
        (2) the resident's roommate's signed consent or the
    signature of the person consenting on behalf of the
    resident in accordance with Section 15 of this Act, if
    applicable, and any conditions placed on the roommate's
    consent; if a person other than the roommate signs the
    consent form, the form must document the following:
            (A) the date the roommate was asked if he or she
        wants authorized electronic monitoring to be conducted
        in accordance with subsection (a-5) of Section 15;
            (B) who was present when the roommate was asked;
        and
            (C) an acknowledgment that the roommate did not
        affirmatively object; and
        (3) the type of electronic monitoring device to be
    used;
        (4) any installation needs, such as mounting of a
    device to a wall or ceiling;
        (5) the proposed date of installation for scheduling
    purposes;
        (6) a copy of any contract for maintenance of the
    electronic monitoring device by a commercial entity;
        (7) a list of standard conditions or restrictions that
    the resident or a roommate may elect to place on use of the
    electronic monitoring device, including, but not limited
    to:
            (A) prohibiting audio recording;
            (B) prohibiting broadcasting of audio or video;
            (C) turning off the electronic monitoring device
        or blocking the visual recording component of the
        electronic monitoring device for the duration of an
        exam or procedure by a health care professional;
            (D) turning off the electronic monitoring device
        or blocking the visual recording component of the
        electronic monitoring device while dressing or bathing
        is performed; and
            (E) turning the electronic monitoring device off
        for the duration of a visit with a spiritual advisor,
        ombudsman, attorney, financial planner, intimate
        partner, or other visitor; and
        (8) any other condition or restriction elected by the
    resident or roommate on the use of an electronic monitoring
    device.
    (c) A copy of the completed notification and consent form
shall be placed in the resident's and any roommate's clinical
record and a copy shall be provided to the resident and his or
her roommate, if applicable.
    (d) The Department shall prescribe the notification and
consent form required in this Section no later than 60 days
after the effective date of this Act. If the Department has not
prescribed such a form by that date, the Office of the Attorney
General shall post a notification and consent form on its
website for resident use until the Department has prescribed
the form.
 
    Section 25. Cost and installation.
    (a) A resident choosing to conduct authorized electronic
monitoring must do so at his or her own expense, including
paying purchase, installation, maintenance, and removal costs.
    (b) If a resident chooses to install an electronic
monitoring device that uses Internet technology for visual or
audio monitoring, that resident is responsible for contracting
with an Internet service provider and installing a secure,
password-protected network.
    (c) The staff shall make a reasonable attempt to
accommodate the resident's installation needs, including, but
not limited to, allowing access to a telecommunications or
equipment room. Staff has the burden of proving that a
requested accommodation is not reasonable.
    (d) The electronic monitoring device must be placed in a
conspicuously visible location in the room.
    (e) The resident may not be charged a fee for the cost of
electricity used by an electronic monitoring device.
    (f) All electronic monitoring device installations and
supporting services shall comply with the requirements of the
edition of the National Fire Protection Association (NFPA) 101
Life Safety Code in force at the time of installation and shall
remain in compliance with that or any subsequent edition of
NFPA 101 enforced pursuant to Part 483 of Title 42 of the Code
of Federal Regulations.
 
    Section 27. Assistance program.
    (a) Subject to appropriation, the Department shall
establish a program to assist residents receiving medical
assistance under Article V of the Illinois Public Aid Code in
accessing authorized electronic monitoring.
    (b) The Department shall distribute up to $50,000 in funds
on an annual basis to residents receiving medical assistance
under Article V of the Illinois Public Aid Code for the
purchase and installation of authorized electronic monitoring
devices.
    (c) Applications for funds and disbursement of funds must
be made in a manner prescribed by the Department.
 
    Section 30. Notice to visitors.
    (a) If a resident of a community-integrated living
arrangement or developmental disability facility conducts
authorized electronic monitoring, a sign shall be clearly and
conspicuously posted at all building entrances accessible to
visitors. The notice must be entitled "Electronic Monitoring"
and must state, in large, easy-to-read type, "The rooms of some
residents may be monitored electronically by or on behalf of
the residents.".
    (b) A sign shall be clearly and conspicuously posted at the
entrance to a resident's room where authorized electronic
monitoring is being conducted. The notice must state, in large,
easy-to-read type, "This room is electronically monitored.".
    (c) Staff is responsible for installing and maintaining the
signage required in this Section.
 
    Section 40. Obstruction of electronic monitoring devices.
    (a) A person or entity is prohibited from knowingly
hampering, obstructing, tampering with, or destroying an
electronic monitoring device installed in a resident's room
without the permission of the resident or the individual who
consented on behalf of the resident in accordance with Section
15 of this Act.
    (b) A person or entity is prohibited from knowingly
hampering, obstructing, tampering with, or destroying a video
or audio recording obtained in accordance with this Act without
the permission of the resident or the individual who consented
on behalf of the resident in accordance with Section 15 of this
Act.
    (c) A person or entity that violates this Section is guilty
of a Class B misdemeanor. A person or entity that violates this
Section in the commission of or to conceal a misdemeanor
offense is guilty of a Class A misdemeanor. A person or entity
that violates this Section in the commission of or to conceal a
felony offense is guilty of a Class 4 felony.
    (d) It is not a violation of this Section if a person or
staff turns off the electronic monitoring device or blocks the
visual recording component of the electronic monitoring device
at the direction of the resident or the person who consented on
behalf of the resident in accordance with Section 15 of this
Act.
 
    Section 45. Dissemination of recordings.
    (a) Staff may not access any video or audio recording
created through authorized electronic monitoring without the
written consent of the resident or the person who consented on
behalf of the resident in accordance with Section 15 of this
Act.
    (b) Except as required under the Freedom of Information
Act, a recording or copy of a recording made pursuant to this
Act may only be disseminated for the purpose of addressing
concerns relating to the health, safety, or welfare of a
resident or residents.
    (c) The resident or person who consented on behalf of the
resident in accordance with Section 15 of this Act shall
provide a copy of any video or audio recording to parties
involved in a civil, criminal, or administrative proceeding,
upon a party's request, if the video or audio recording was
made during the time period that the conduct at issue in the
proceeding allegedly occurred.
 
    Section 50. Admissibility of evidence. Subject to
applicable rules of evidence and procedure, any video or audio
recording created through authorized electronic monitoring in
accordance with this Act may be admitted into evidence in a
civil, criminal, or administrative proceeding if the contents
of the recording have not been edited or artificially enhanced
and the video recording includes the date and time the events
occurred.
 
    Section 55. Report. Staff of each community-integrated
living arrangement and developmental disability facility shall
report to the Department, in a manner prescribed by the
Department, the number of authorized electronic monitoring
notification and consent forms received annually. The
Department shall report the total number of authorized
electronic monitoring notification and consent forms received
by staff of community-integrated living arrangements and
developmental disability facilities to the Office of the
Attorney General annually.
 
    Section 60. Liability.
    (a) A community-integrated living arrangement or
developmental disability facility is not civilly or criminally
liable for the inadvertent or intentional disclosure of a
recording by a resident or a person who consents on behalf of
the resident for any purpose not authorized by this Act.
    (b) A community-integrated living arrangement or
developmental disability facility is not civilly or criminally
liable for a violation of a resident's right to privacy arising
out of any electronic monitoring conducted pursuant to this
Act.
 
    Section 65. Rules. The Department shall adopt rules
necessary to administer and enforce any Section of this Act.
Rulemaking shall not delay the full implementation of this Act.
 
    Section 900. The Community-Integrated Living Arrangements
Licensure and Certification Act is amended by adding Section
14.5 as follows:
 
    (210 ILCS 135/14.5 new)
    Sec. 14.5. Authorized electronic monitoring of a
resident's room.
    (a) A resident shall be permitted to conduct authorized
electronic monitoring of the resident's room through the use of
electronic monitoring devices placed in the room pursuant to
the Authorized Electronic Monitoring in Community-Integrated
Living Arrangements and Developmental Disability Facilities
Act.
    (b) No person shall:
        (1) intentionally retaliate or discriminate against
    any resident for consenting to authorized electronic
    monitoring under the Authorized Electronic Monitoring in
    Community-Integrated Living Arrangements and Developmental
    Disability Facilities Act; or
        (2) prevent the installation or use of an electronic
    monitoring device by a resident who has provided the staff
    of the community-integrated living arrangement with notice
    and consent as required in Section 20 of the Authorized
    Electronic Monitoring in Community-Integrated Living
    Arrangements and Developmental Disability Facilities Act.
    A violation of this subsection is a business offense,
punishable by a fine not to exceed $1,000. The State's Attorney
of the county in which the community-integrated living
arrangement is located, or the Attorney General, shall be
notified by the Director of any violations of this subsection.
 
    Section 905. The Mental Health and Developmental
Disabilities Code is amended by adding Section 2-116 as
follows:
 
    (405 ILCS 5/2-116 new)
    Sec. 2-116. Authorized electronic monitoring of a
recipient's room.
    (a) A recipient who resides in a developmental disability
facility shall be permitted to conduct authorized electronic
monitoring of the recipient's room through the use of
electronic monitoring devices placed in the room pursuant to
the Authorized Electronic Monitoring in Community-Integrated
Living Arrangements and Developmental Disability Facilities
Act.
    (b) No person shall:
        (1) intentionally retaliate or discriminate against
    any recipient for consenting to authorized electronic
    monitoring under the Authorized Electronic Monitoring in
    Community-Integrated Living Arrangements and Developmental
    Disability Facilities Act; or
        (2) prevent the installation or use of an electronic
    monitoring device by a recipient who resides in a
    developmental disability facility who has provided the
    staff of the developmental disability facility with notice
    and consent as required in Section 20 of the Authorized
    Electronic Monitoring in Community-Integrated Living
    Arrangements Act and Developmental Disability Facilities
    Act.
    A violation of this subsection is a business offense,
punishable by a fine not to exceed $1,000. The State's Attorney
of the county in which the developmental disability facility is
located, or the Attorney General, shall be notified by the
Director of any violations of this subsection.
 
    Section 999. Effective date. This Act takes effect January
1, 2020.

Effective Date: 1/1/2020