97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0086

 

Introduced 1/27/2011, by Sen. Jacqueline Y. Collins

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2435/15  from Ch. 23, par. 3395-15
20 ILCS 2435/60  from Ch. 23, par. 3395-60

    Amends the Abuse of Adults with Disabilities Intervention Act. Provides that the Office of Inspector General shall file with the Governor and the General Assembly, no later than January 1 following the end of each fiscal year (rather than within 90 days after the end of each fiscal year), a report concerning its implementation of the Domestic Abuse Project. Defines the terms "mental abuse" and "financial exploitation". Removes the definition of the term "exploitation". Redefines "abuse" to mean the causing of any physical, sexual, or mental abuse (rather than mental injury) to an adult with disabilities. Expands the definition of "physical abuse" to include directing another person to physically abuse a person with disabilities. Expands the definition of "sexual abuse" to include acts of sexual exploitation including, but not limited to, facilitating or compelling an adult with disabilities to become a prostitute, or receiving anything of value from an adult with disabilities knowing it was obtained in whole or in part from the practice of prostitution. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Abuse of Adults with Disabilities
5Intervention Act is amended by changing Sections 15 and 60 as
6follows:
 
7    (20 ILCS 2435/15)  (from Ch. 23, par. 3395-15)
8    Sec. 15. Definitions. As used in this Act:
9    "Abuse" means causing any physical, sexual, or mental abuse
10injury to an adult with disabilities, including exploitation of
11the adult's financial resources. Nothing in this Act shall be
12construed to mean that an adult with disabilities is a victim
13of abuse or neglect for the sole reason that he or she is being
14furnished with or relies upon treatment by spiritual means
15through prayer alone, in accordance with the tenets and
16practices of a recognized church or religious denomination.
17Nothing in this Act shall be construed to mean that an adult
18with disabilities is a victim of abuse because of health care
19services provided or not provided by licensed health care
20professionals.
21    "Adult with disabilities" means a person aged 18 through 59
22who resides in a domestic living situation and whose physical
23or mental disability impairs his or her ability to seek or

 

 

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1obtain protection from abuse, neglect, or exploitation.
2    "Department" means the Department of Human Services.
3    "Adults with Disabilities Abuse Project" or "project"
4means that program within the Office of Inspector General
5designated by the Department of Human Services to receive and
6assess reports of alleged or suspected abuse, neglect, or
7exploitation of adults with disabilities.
8    "Domestic living situation" means a residence where the
9adult with disabilities lives alone or with his or her family
10or household members, a care giver, or others or at a board and
11care home or other community-based unlicensed facility, but is
12not:
13        (1) A licensed facility as defined in Section 1-113 of
14    the Nursing Home Care Act or Section 1-113 of the MR/DD
15    Community Care Act.
16        (2) A life care facility as defined in the Life Care
17    Facilities Act.
18        (3) A home, institution, or other place operated by the
19    federal government, a federal agency, or the State.
20        (4) A hospital, sanitarium, or other institution, the
21    principal activity or business of which is the diagnosis,
22    care, and treatment of human illness through the
23    maintenance and operation of organized facilities and that
24    is required to be licensed under the Hospital Licensing
25    Act.
26        (5) A community living facility as defined in the

 

 

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1    Community Living Facilities Licensing Act.
2        (6) A community-integrated living arrangement as
3    defined in the Community-Integrated Living Arrangements
4    Licensure and Certification Act or community residential
5    alternative as licensed under that Act.
6    "Emergency" means a situation in which an adult with
7disabilities is in danger of death or great bodily harm.
8    "Exploitation" means the illegal, including tortious, use
9of the assets or resources of an adult with disabilities.
10Exploitation includes, but is not limited to, the
11misappropriation of assets or resources of an adult with
12disabilities by undue influence, by breach of a fiduciary
13relationship, by fraud, deception, or extortion, or by the use
14of the assets or resources in a manner contrary to law.
15    "Family or household members" means a person who as a
16family member, volunteer, or paid care provider has assumed
17responsibility for all or a portion of the care of an adult
18with disabilities who needs assistance with activities of daily
19living.
20    "Financial exploitation" means the illegal, including
21tortious, use of the assets or resources of an adult with
22disabilities. Exploitation includes, but is not limited to, the
23misappropriation of assets or resources of an adult with
24disabilities by undue influence, by breach of a fiduciary
25relationship, by fraud, deception, or extortion, or by the use
26of the assets or resources in a manner contrary to law.

 

 

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1    "Mental abuse" means the infliction of emotional or mental
2distress by a caregiver, a family member, or any person with
3ongoing access to a person with disabilities by threat of harm,
4humiliation, or other verbal or nonverbal conduct.
5    "Neglect" means the failure of another individual to
6provide an adult with disabilities with or the willful
7withholding from an adult with disabilities the necessities of
8life, including, but not limited to, food, clothing, shelter,
9or medical care.
10Nothing in the definition of "neglect" shall be construed to
11impose a requirement that assistance be provided to an adult
12with disabilities over his or her objection in the absence of a
13court order, nor to create any new affirmative duty to provide
14support, assistance, or intervention to an adult with
15disabilities. Nothing in this Act shall be construed to mean
16that an adult with disabilities is a victim of neglect because
17of health care services provided or not provided by licensed
18health care professionals.
19    "Physical abuse" includes sexual abuse and means any of the
20following acts:
21        (1) knowing or reckless use of physical force,
22    confinement, or restraint;
23        (2) knowing, repeated, and unnecessary sleep
24    deprivation; or
25        (3) knowing or reckless conduct which creates an
26    immediate risk of physical harm; or .

 

 

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1        (4) when committed by a caregiver, a family member, or
2    any person with ongoing access to a person with
3    disabilities, directing another person to physically abuse
4    a person with disabilities.
5    "Secretary" means the Secretary of Human Services.
6    "Sexual abuse" means touching, fondling, sexual threats,
7sexually inappropriate remarks, or any other sexual activity
8with an adult with disabilities when the adult with
9disabilities is unable to understand, unwilling to consent,
10threatened, or physically forced to engage in sexual behavior.
11Sexual abuse includes acts of sexual exploitation including,
12but not limited to, facilitating or compelling an adult with
13disabilities to become a prostitute, or receiving anything of
14value from an adult with disabilities knowing it was obtained
15in whole or in part from the practice of prostitution.
16    "Substantiated case" means a reported case of alleged or
17suspected abuse, neglect, or exploitation in which the Adults
18with Disabilities Abuse Project staff, after assessment,
19determines that there is reason to believe abuse, neglect, or
20exploitation has occurred.
21(Source: P.A. 96-339, eff. 7-1-10.)
 
22    (20 ILCS 2435/60)  (from Ch. 23, par. 3395-60)
23    Sec. 60. Annual reports. The Office of Inspector General
24shall file with the Governor and the General Assembly, no later
25than January 1 following the end of each fiscal year, within 90

 

 

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1days after the end of each fiscal year, a report concerning its
2implementation of the Domestic Abuse Project during each fiscal
3year, together with any recommendations for future
4implementation. The annual report shall include data on numbers
5of reports received, numbers of reports substantiated, and
6unsubstantiated, number of referrals to law enforcement and
7other referral resources, numbers of assessments and service
8plans completed, and protective services provided. The report
9shall also include information on public education efforts
10engaged in, and training provided to persons or agencies who
11are responsible for the Act's implementation.
12(Source: P.A. 91-671, eff. 7-1-00.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.