Full Text of SB1581 102nd General Assembly
SB1581 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB1581 Introduced 2/26/2021, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: |
| 5 ILCS 430/20-10 | | 5 ILCS 430/25-10 | | 5 ILCS 430/30-5 | | 15 ILCS 305/14 | | 20 ILCS 505/35.5 | | 20 ILCS 1305/1-17 | | 305 ILCS 5/12-13.1 | | 605 ILCS 10/8.5 | |
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Amends the State Officials and Employees Ethics Act, the Secretary of State Act, the Children and Family Services Act, the Department of Human Services Act, the Illinois Public Aid Code, and the Toll Highway Act. In provisions concerning investigations conducted by each Executive Inspector General appointed by the Governor, the Attorney General, the Secretary of State, the Comptroller, and
the Treasurer, requires each Executive Inspector General to notify the Department of State Police or other appropriate law enforcement authority within 24 hours after
determining that there is reasonable suspicion to believe that a criminal act may have been committed or that special expertise may be required in an investigation. Provides that the Department of State Police shall investigate any report from an Executive Inspector General that indicates that a possible criminal act relating to bribery, the unlawful use or possession of a weapon, bodily injury or the immediate threat of bodily injury to another, a narcotics-related activity, a criminal sexual assault, or the death of another person has been committed by any officer or employee of,
or vendor or other person doing business with
a State agency within the jurisdiction of the reporting Executive Inspector General. Provides that all investigations conducted by an Executive Inspector General shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution. Imposes similar requirements on the Legislative Inspector General, the Auditor General Inspector General, and the Inspectors General for the Secretary of State, the Department of Children and Family Services, the Department of Human Services, the Department of Healthcare and Family Services, and the Illinois State Toll Highway Authority.
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Officials and Employees Ethics Act is | 5 | | amended by changing Sections 20-10, 25-10, and 30-5 as | 6 | | follows: | 7 | | (5 ILCS 430/20-10)
| 8 | | Sec. 20-10. Offices of Executive Inspectors General.
| 9 | | (a) Five independent Offices of the Executive Inspector | 10 | | General are
created,
one each for the Governor, the Attorney | 11 | | General, the Secretary of State, the
Comptroller, and the | 12 | | Treasurer. Each Office shall be under the direction and
| 13 | | supervision
of an Executive Inspector General and shall be a | 14 | | fully independent office with
separate
appropriations.
| 15 | | (b) The Governor, Attorney General, Secretary of State, | 16 | | Comptroller, and
Treasurer shall each appoint an Executive | 17 | | Inspector General, without regard to
political affiliation and | 18 | | solely on the basis of integrity and
demonstrated ability.
| 19 | | Appointments shall be made by and with the advice and consent | 20 | | of the
Senate by three-fifths of the elected members | 21 | | concurring by record vote.
Any nomination not acted upon by | 22 | | the Senate within 60 session days of the
receipt thereof shall | 23 | | be deemed to have received the advice and consent of
the |
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| 1 | | Senate. If, during a recess of the Senate, there is a vacancy | 2 | | in an office
of Executive Inspector General, the appointing | 3 | | authority shall make a
temporary appointment until the next | 4 | | meeting of the Senate when the
appointing authority shall make | 5 | | a nomination to fill that office. No person
rejected for an | 6 | | office of Executive Inspector General shall, except by the
| 7 | | Senate's request, be nominated again for that office at the | 8 | | same session of
the Senate or be appointed to that office | 9 | | during a recess of that Senate.
| 10 | | Nothing in this Article precludes the appointment by the | 11 | | Governor, Attorney
General,
Secretary of State, Comptroller, | 12 | | or Treasurer of any other inspector general
required or
| 13 | | permitted by law. The Governor, Attorney General, Secretary of | 14 | | State,
Comptroller, and
Treasurer
each may appoint an existing | 15 | | inspector general as the Executive Inspector
General
required | 16 | | by this
Article, provided that such an inspector general is | 17 | | not prohibited by law,
rule,
jurisdiction, qualification, or | 18 | | interest from serving as the Executive
Inspector General
| 19 | | required by
this Article.
An appointing authority may not | 20 | | appoint a relative as an Executive Inspector
General.
| 21 | | Each Executive Inspector General shall have the following | 22 | | qualifications:
| 23 | | (1) has not been convicted of any felony under the | 24 | | laws of this State,
another State, or the United States;
| 25 | | (2) has earned a baccalaureate degree from an | 26 | | institution of higher
education; and
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| 1 | | (3) has 5 or more years of cumulative service (A) with | 2 | | a federal,
State, or
local law enforcement agency, at | 3 | | least 2 years of which have been in a
progressive | 4 | | investigatory capacity; (B)
as a
federal, State, or local | 5 | | prosecutor; (C)
as a
senior manager or executive of a | 6 | | federal, State, or local
agency; (D) as a member, an | 7 | | officer,
or a State
or federal judge; or (E) representing | 8 | | any combination of items (A) through (D).
| 9 | | The term of each initial Executive Inspector General shall
| 10 | | commence upon qualification and shall run through June 30, | 11 | | 2008. The
initial appointments shall be made within 60 days | 12 | | after the effective
date of this Act.
| 13 | | After the initial term, each Executive Inspector General | 14 | | shall serve
for 5-year terms commencing on July 1 of the year | 15 | | of appointment
and running through June 30 of the fifth | 16 | | following year. An
Executive Inspector General may be | 17 | | reappointed to one or more
subsequent terms.
| 18 | | A vacancy occurring other than at the end of a term shall | 19 | | be filled
by the appointing authority only for the balance of | 20 | | the term of the Executive
Inspector General whose office is | 21 | | vacant.
| 22 | | Terms shall run regardless of whether the position is | 23 | | filled.
| 24 | | (c) The Executive Inspector General appointed by the | 25 | | Attorney General shall
have jurisdiction over the Attorney | 26 | | General and all officers and employees of,
and vendors and |
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| 1 | | others doing business with,
State agencies within the | 2 | | jurisdiction of the Attorney General. The Executive
Inspector | 3 | | General appointed by the Secretary of State shall have | 4 | | jurisdiction
over the Secretary of State and all officers and | 5 | | employees of, and vendors and
others doing business with, | 6 | | State agencies within the
jurisdiction of the Secretary of | 7 | | State. The Executive Inspector General
appointed by the | 8 | | Comptroller shall have jurisdiction over the Comptroller and
| 9 | | all officers and employees of, and vendors and others doing | 10 | | business with,
State agencies within the jurisdiction of the | 11 | | Comptroller. The
Executive Inspector General appointed by the | 12 | | Treasurer shall have jurisdiction
over the Treasurer and all | 13 | | officers and employees of, and vendors and others
doing | 14 | | business with, State agencies within the jurisdiction
of the | 15 | | Treasurer. The Executive Inspector General appointed by the | 16 | | Governor
shall have jurisdiction over (i) the Governor, (ii) | 17 | | the Lieutenant Governor, (iii) all
officers and employees of, | 18 | | and vendors and others doing business with,
executive branch | 19 | | State agencies under the jurisdiction of the
Executive Ethics | 20 | | Commission and not within the jurisdiction of the
Attorney
| 21 | | General, the Secretary of State, the Comptroller, or the | 22 | | Treasurer, and (iv) all board members and employees of the | 23 | | Regional Transit Boards and all vendors and others doing | 24 | | business with the Regional Transit Boards.
| 25 | | The jurisdiction of each Executive Inspector General is to | 26 | | investigate
allegations of fraud, waste, abuse, mismanagement, |
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| 1 | | misconduct, nonfeasance,
misfeasance,
malfeasance, or | 2 | | violations of this Act or violations of other related
laws and | 3 | | rules.
| 4 | | Within 24 hours after
determining that there is reasonable | 5 | | suspicion to believe that a criminal act may have been | 6 | | committed or that special expertise may be required in an | 7 | | investigation, each Executive Inspector General shall notify | 8 | | the Department of State Police or other appropriate law | 9 | | enforcement authority, or ensure that such notification is | 10 | | made. The Department of State Police shall investigate any | 11 | | report from an Executive Inspector General that indicates that | 12 | | a possible criminal act relating to bribery, the unlawful use | 13 | | or possession of a weapon, bodily injury or the immediate | 14 | | threat of bodily injury to another, a narcotics-related | 15 | | activity, a criminal sexual assault, or the death of another | 16 | | person has been committed by any officer or employee of,
or | 17 | | vendor or other person doing business with
a State agency | 18 | | within the jurisdiction of the reporting Executive Inspector | 19 | | General. All investigations conducted by an Executive | 20 | | Inspector General shall be conducted in a manner designed to | 21 | | ensure the preservation of evidence for possible use in a | 22 | | criminal prosecution. | 23 | | Each Executive Inspector General shall have jurisdiction | 24 | | over complainants in violation of subsection (e) of Section | 25 | | 20-63 for disclosing a summary report prepared by the | 26 | | respective Executive Inspector General. |
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| 1 | | (d) The compensation for each Executive Inspector General | 2 | | shall be
determined by the Executive Ethics Commission and | 3 | | shall be made from appropriations made to the Comptroller for | 4 | | this purpose. Subject to Section 20-45 of this Act, each
| 5 | | Executive Inspector General has full
authority
to organize his | 6 | | or her Office of the Executive Inspector General, including | 7 | | the
employment and determination of the compensation of staff, | 8 | | such as deputies,
assistants, and other employees, as | 9 | | appropriations permit. A separate
appropriation
shall be made | 10 | | for each Office of Executive Inspector General.
| 11 | | (e) No Executive Inspector General or employee of the | 12 | | Office of
the Executive Inspector General may, during his or | 13 | | her term of appointment or
employment:
| 14 | | (1) become a candidate for any elective office;
| 15 | | (2) hold any other elected or appointed public office
| 16 | | except for appointments on governmental advisory boards
or | 17 | | study commissions or as otherwise expressly authorized by | 18 | | law;
| 19 | | (3) be actively involved in the affairs of any | 20 | | political party or
political organization; or
| 21 | | (4) advocate for the appointment of another person to | 22 | | an appointed or elected office or position or actively | 23 | | participate in any campaign for any
elective office.
| 24 | | In this subsection an appointed public office means a | 25 | | position authorized by
law that is filled by an appointing | 26 | | authority as provided by law and does not
include employment |
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| 1 | | by hiring in the ordinary course of business.
| 2 | | (e-1) No Executive Inspector General or employee of the | 3 | | Office of the
Executive Inspector General may, for one year | 4 | | after the termination of his or
her appointment or employment:
| 5 | | (1) become a candidate for any elective office;
| 6 | | (2) hold any elected public office; or
| 7 | | (3) hold any appointed State, county, or local | 8 | | judicial office.
| 9 | | (e-2) The requirements of item (3) of subsection (e-1) may | 10 | | be waived by the
Executive Ethics Commission.
| 11 | | (f) An Executive Inspector General may be removed only for | 12 | | cause and may
be removed only by the appointing constitutional | 13 | | officer. At the time of the
removal,
the appointing | 14 | | constitutional officer must report to the Executive Ethics
| 15 | | Commission the
justification for the
removal.
| 16 | | (Source: P.A. 101-221, eff. 8-9-19; revised 9-13-19.) | 17 | | (5 ILCS 430/25-10)
| 18 | | Sec. 25-10. Office of Legislative Inspector General.
| 19 | | (a) The independent Office of the Legislative Inspector | 20 | | General is created.
The Office shall be under the direction | 21 | | and supervision of the
Legislative Inspector General and shall | 22 | | be a fully independent office with its
own appropriation.
| 23 | | (b) The Legislative Inspector General shall be appointed | 24 | | without regard to
political
affiliation and solely on the | 25 | | basis of integrity and
demonstrated ability.
The Legislative |
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| 1 | | Ethics
Commission shall diligently search out qualified | 2 | | candidates for Legislative
Inspector General
and shall make | 3 | | recommendations to the General Assembly. The Legislative | 4 | | Inspector General may serve in a full-time, part-time, or | 5 | | contractual capacity.
| 6 | | The Legislative Inspector General shall be appointed by a | 7 | | joint resolution of
the
Senate and the House of | 8 | | Representatives, which may specify the date on
which the | 9 | | appointment takes effect.
A joint resolution, or other | 10 | | document as may be specified by the
Joint Rules of the General | 11 | | Assembly, appointing the Legislative Inspector
General must be | 12 | | certified by
the Speaker
of the House of Representatives and | 13 | | the President of the Senate as having been
adopted by the
| 14 | | affirmative vote of three-fifths of the members elected to | 15 | | each house,
respectively,
and be filed with the Secretary of | 16 | | State.
The appointment of the Legislative Inspector General | 17 | | takes effect on the day
the
appointment is completed by the | 18 | | General Assembly, unless the appointment
specifies a later | 19 | | date on which it is to become effective.
| 20 | | The Legislative Inspector General shall have the following | 21 | | qualifications:
| 22 | | (1) has not been convicted of any felony under the | 23 | | laws of this State,
another state, or the United States;
| 24 | | (2) has earned a baccalaureate degree from an | 25 | | institution of higher
education; and
| 26 | | (3) has 5 or more years of cumulative service (A) with |
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| 1 | | a federal,
State, or
local law enforcement agency, at | 2 | | least 2 years of which have been in a
progressive | 3 | | investigatory capacity; (B)
as a
federal, State, or local | 4 | | prosecutor; (C)
as a
senior manager or executive of a | 5 | | federal, State, or local
agency; (D) as a member, an | 6 | | officer,
or a State
or federal judge; or (E) representing | 7 | | any combination of items (A) through (D).
| 8 | | The Legislative Inspector General may not be a relative of | 9 | | a commissioner.
| 10 | | The term of the initial Legislative Inspector General | 11 | | shall
commence upon qualification and shall run through June | 12 | | 30, 2008.
| 13 | | After the initial term, the Legislative Inspector General | 14 | | shall serve
for 5-year terms commencing on July 1 of the year | 15 | | of appointment
and running through June 30 of the fifth | 16 | | following year. The
Legislative Inspector General may be | 17 | | reappointed to one or more
subsequent terms. Terms shall run | 18 | | regardless of whether the position is filled.
| 19 | | (b-5) A vacancy occurring other than at the end of a term | 20 | | shall be filled in the
same manner as an appointment only for | 21 | | the balance of the term of the
Legislative
Inspector General | 22 | | whose office is vacant. Within 7 days of the Office becoming | 23 | | vacant or receipt of a Legislative Inspector General's | 24 | | prospective resignation, the vacancy shall be publicly posted | 25 | | on the Commission's website, along with a description of the | 26 | | requirements for the position and where applicants may apply. |
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| 1 | | Within 45 days of the vacancy, the Commission shall | 2 | | designate an Acting Legislative Inspector General who shall | 3 | | serve until the vacancy is filled. The Commission shall file | 4 | | the designation in writing with the Secretary of State. | 5 | | Within 60 days prior to the end of the term of the | 6 | | Legislative Inspector General or within 30 days of the | 7 | | occurrence of a vacancy in the Office of the Legislative | 8 | | Inspector General, the Legislative Ethics Commission shall | 9 | | establish a four-member search committee within the Commission | 10 | | for the purpose of conducting a search for qualified | 11 | | candidates to serve as Legislative Inspector General. The | 12 | | Speaker of the House of Representatives, Minority Leader of | 13 | | the House, Senate President, and Minority Leader of the Senate | 14 | | shall each appoint one member to the search committee. A | 15 | | member of the search committee shall be either a retired judge | 16 | | or former prosecutor and may not be a member or employee of the | 17 | | General Assembly or a registered lobbyist. If the Legislative | 18 | | Ethics Commission wishes to recommend that the Legislative | 19 | | Inspector General be re-appointed, a search committee does not | 20 | | need to be appointed. | 21 | | The search committee shall conduct a search for qualified | 22 | | candidates, accept applications, and conduct interviews. The | 23 | | search committee shall recommend up to 3 candidates for | 24 | | Legislative Inspector General to the Legislative Ethics | 25 | | Commission. The search committee shall be disbanded upon an | 26 | | appointment of the Legislative Inspector General. Members of |
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| 1 | | the search committee are not entitled to compensation but | 2 | | shall be entitled to reimbursement of reasonable expenses | 3 | | incurred in connection with the performance of their duties. | 4 | | Within 30 days after June 8, 2018 ( the effective date of | 5 | | Public Act 100-588) this amendatory Act of the 100th General | 6 | | Assembly , the Legislative Ethics Commission shall create a | 7 | | search committee in the manner provided for in this subsection | 8 | | to recommend up to 3 candidates for Legislative Inspector | 9 | | General to the Legislative Ethics Commission by October 31, | 10 | | 2018. | 11 | | If a vacancy exists and the Commission has not appointed | 12 | | an Acting Legislative Inspector General, either the staff of | 13 | | the Office of the Legislative Inspector General, or if there | 14 | | is no staff, the Executive Director, shall advise the | 15 | | Commission of all open investigations and any new allegations | 16 | | or complaints received in the Office of the Inspector General. | 17 | | These reports shall not include the name of any person | 18 | | identified in the allegation or complaint, including, but not | 19 | | limited to, the subject of and the person filing the | 20 | | allegation or complaint. Notification shall be made to the | 21 | | Commission on a weekly basis unless the Commission approves of | 22 | | a different reporting schedule.
| 23 | | If the Office of the Inspector General is vacant for 6 | 24 | | months or more beginning on or after January 1, 2019, and the | 25 | | Legislative Ethics Commission has not appointed an Acting | 26 | | Legislative Inspector General, all complaints made to the |
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| 1 | | Legislative Inspector General or the Legislative Ethics | 2 | | Commission shall be directed to the Inspector General for the | 3 | | Auditor General, and he or she shall have the authority to act | 4 | | as provided in subsection (c) of this Section and Section | 5 | | 25-20 of this Act, and shall be subject to all laws and rules | 6 | | governing a Legislative Inspector General or Acting | 7 | | Legislative Inspector General. The authority for the Inspector | 8 | | General of the Auditor General under this paragraph shall | 9 | | terminate upon appointment of a Legislative Inspector General | 10 | | or an Acting Legislative Inspector General.
| 11 | | (c) The Legislative Inspector General
shall have | 12 | | jurisdiction over the current and former members of the | 13 | | General Assembly regarding events occurring during a member's | 14 | | term of office and
current and former State employees | 15 | | regarding events occurring during any period of employment | 16 | | where the State employee's ultimate jurisdictional authority | 17 | | is
(i) a legislative leader, (ii) the Senate Operations | 18 | | Commission, or (iii) the
Joint Committee on Legislative | 19 | | Support Services.
| 20 | | The jurisdiction of each Legislative Inspector General is | 21 | | to investigate
allegations of fraud, waste, abuse, | 22 | | mismanagement, misconduct, nonfeasance,
misfeasance,
| 23 | | malfeasance, or violations of this Act or violations of other | 24 | | related
laws and rules.
| 25 | | Within 24 hours after determining that there is reasonable | 26 | | suspicion to believe that a criminal act may have been |
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| 1 | | committed or that special expertise may be required in an | 2 | | investigation, the Legislative Inspector General shall notify | 3 | | the Department of State Police or other appropriate law | 4 | | enforcement authority, or ensure that such notification is | 5 | | made. The Department of State Police shall investigate any | 6 | | report from the Legislative Inspector General that indicates | 7 | | that a possible criminal act relating to bribery, the unlawful | 8 | | use or possession of a weapon, bodily injury or the immediate | 9 | | threat of bodily injury to another, a narcotics-related | 10 | | activity, a criminal sexual assault, or the death of another | 11 | | person has been committed by any member of the General | 12 | | Assembly or State employee under the jurisdiction of the | 13 | | Legislative Inspector General. All investigations conducted by | 14 | | the Legislative Inspector General shall be conducted in a | 15 | | manner designed to ensure the preservation of evidence for | 16 | | possible use in a criminal prosecution. | 17 | | The Legislative Inspector General shall have jurisdiction | 18 | | over complainants in violation of subsection (e) of Section | 19 | | 25-63 of this Act. | 20 | | (d) The compensation of the Legislative Inspector General | 21 | | shall
be the greater of an amount (i) determined (i) by the | 22 | | Commission or (ii) by joint
resolution of the General Assembly | 23 | | passed by a majority of members elected in
each chamber.
| 24 | | Subject to Section 25-45 of this Act, the Legislative | 25 | | Inspector General has
full
authority to organize the Office of | 26 | | the Legislative Inspector General,
including the employment |
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| 1 | | and determination of the compensation of
staff, such as | 2 | | deputies, assistants, and other employees, as
appropriations | 3 | | permit. Employment of staff is subject to the approval of at | 4 | | least 3 of the 4 legislative leaders.
| 5 | | (e) No Legislative Inspector General or employee of the | 6 | | Office of
the Legislative Inspector General may, during his or | 7 | | her term of appointment or
employment:
| 8 | | (1) become a candidate for any elective office;
| 9 | | (2) hold any other elected or appointed public office
| 10 | | except for appointments on governmental advisory boards
or | 11 | | study commissions or as otherwise expressly authorized by | 12 | | law;
| 13 | | (3) be actively involved in the affairs of any | 14 | | political party or
political organization; or
| 15 | | (4) actively participate in any campaign for any
| 16 | | elective office.
| 17 | | A full-time Legislative Inspector General shall not engage | 18 | | in the practice of law or any other business, employment, or | 19 | | vocation. | 20 | | In this subsection an appointed public office means a | 21 | | position authorized by
law that is filled by an appointing | 22 | | authority as provided by law and does not
include employment | 23 | | by hiring in the ordinary course of business.
| 24 | | (e-1) No Legislative Inspector General or employee of the | 25 | | Office of the
Legislative Inspector General may, for one year | 26 | | after the termination of his or
her appointment or employment:
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| 1 | | (1) become a candidate for any elective office;
| 2 | | (2) hold any elected public office; or
| 3 | | (3) hold any appointed State, county, or local | 4 | | judicial office.
| 5 | | (e-2) The requirements of item (3) of subsection (e-1) may | 6 | | be waived by the
Legislative Ethics Commission.
| 7 | | (f) The Commission may remove the Legislative Inspector | 8 | | General only for
cause. At the time of the removal, the | 9 | | Commission must report to the General
Assembly the | 10 | | justification for the removal.
| 11 | | (Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19; | 12 | | revised 9-12-19.) | 13 | | (5 ILCS 430/30-5)
| 14 | | Sec. 30-5. Appointment of Inspector General.
| 15 | | (a) The Auditor General shall
appoint an Inspector General | 16 | | (i) to investigate allegations of violations of
Articles 5 and
| 17 | | 10 by State officers and employees under his or her | 18 | | jurisdiction and
(ii) to perform
other
duties and exercise | 19 | | other powers assigned to the Inspectors General by this or
any | 20 | | other
Act. The Inspector General shall be appointed within 6 | 21 | | months after the
effective date
of this Act.
| 22 | | (b) The Auditor General
shall
provide by rule for the | 23 | | operation of his or her Inspector General.
It is declared to be | 24 | | in the public interest, safety, and welfare that the
Auditor | 25 | | General adopt emergency rules under the Illinois |
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| 1 | | Administrative
Procedure Act to initially perform his or her | 2 | | duties under this subsection.
| 3 | | (c) The Auditor General
may appoint an existing inspector | 4 | | general as the Inspector General
required by this
Article, | 5 | | provided that such an inspector general is not prohibited by | 6 | | law,
rule,
jurisdiction, qualification, or interest from | 7 | | serving as the Inspector General
required by
this Article.
| 8 | | The Auditor General may not appoint a relative as the | 9 | | Inspector General
required by this Article.
| 10 | | (d) Within 24 hours after determining that there is | 11 | | reasonable suspicion to believe that a criminal act may have | 12 | | been committed or that special expertise may be required in an | 13 | | investigation, the Inspector General shall notify the | 14 | | Department of State Police or other appropriate law | 15 | | enforcement authority, or ensure that such notification is | 16 | | made. The Department of State Police shall investigate any | 17 | | report from the Inspector General that indicates that a | 18 | | possible criminal act relating to bribery, the unlawful use or | 19 | | possession of a weapon, bodily injury or the immediate threat | 20 | | of bodily injury to another, a narcotics-related activity, a | 21 | | criminal sexual assault, or the death of another person has | 22 | | been committed by a State officer or employee under the | 23 | | Inspector General's jurisdiction. All investigations conducted | 24 | | by the Inspector General shall be conducted in a manner | 25 | | designed to ensure the preservation of evidence for possible | 26 | | use in a criminal prosecution. |
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| 1 | | (Source: P.A. 93-617, eff. 12-9-03.) | 2 | | Section 10. The Secretary of State Act is amended by | 3 | | changing Section 14 as follows: | 4 | | (15 ILCS 305/14) | 5 | | Sec. 14. Inspector General. | 6 | | (a) The Secretary of State must, with the advice and | 7 | | consent of the Senate,
appoint an Inspector General for the | 8 | | purpose of detection, deterrence, and
prevention of fraud,
| 9 | | corruption, mismanagement, gross or aggravated misconduct, or | 10 | | misconduct
that may be criminal in nature in the Office of the | 11 | | Secretary of State. The
Inspector General shall serve a 5-year | 12 | | term.
If no successor is appointed and qualified upon the
| 13 | | expiration of the Inspector General's term, the Office of | 14 | | Inspector General is
deemed vacant and the powers and duties | 15 | | under this Section may be exercised
only by an appointed and | 16 | | qualified interim Inspector General until a successor
| 17 | | Inspector General is appointed and qualified.
If the General | 18 | | Assembly is not in session when a vacancy in the Office of
| 19 | | Inspector General occurs, the Secretary of State may appoint | 20 | | an interim
Inspector General whose term shall expire 2 weeks | 21 | | after the next
regularly scheduled session day of the Senate. | 22 | | (b) The Inspector General shall have the following | 23 | | qualifications: | 24 | | (1) has not been convicted of any felony under the |
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| 1 | | laws of this State,
another State, or the United States; | 2 | | (2) has earned a baccalaureate degree from an | 3 | | institution of higher
education; and | 4 | | (3) has either (A) 5 or more years of service with a | 5 | | federal, State, or
local law enforcement agency, at least | 6 | | 2 years of which have been in a
progressive investigatory | 7 | | capacity; (B) 5 or more years of service as a
federal, | 8 | | State, or local prosecutor; or (C) 5 or more years of | 9 | | service as a
senior manager or executive of a federal, | 10 | | State, or local
agency. | 11 | | (c) The Inspector General may review, coordinate, and | 12 | | recommend methods and
procedures to increase the integrity of | 13 | | the Office of the Secretary of State.
The duties of the | 14 | | Inspector General shall
supplement and not supplant the duties | 15 | | of the Chief Auditor for the Secretary
of State's Office or any | 16 | | other Inspector General that may be authorized by law.
The | 17 | | Inspector General must report directly to the Secretary
of | 18 | | State. | 19 | | (d) In addition to the authority otherwise provided by | 20 | | this Section, but
only when investigating the Office of the | 21 | | Secretary of State, its employees, or
their actions for
fraud, | 22 | | corruption, mismanagement, gross or aggravated misconduct, or
| 23 | | misconduct that may be criminal in nature, the Inspector | 24 | | General is
authorized: | 25 | | (1) To have access to all records, reports, audits, | 26 | | reviews, documents,
papers, recommendations, or other |
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| 1 | | materials available that relate to programs
and operations | 2 | | with respect to which the Inspector General has | 3 | | responsibilities
under this Section. | 4 | | (2) To make any investigations and reports relating to | 5 | | the administration
of the programs and operations of the | 6 | | Office of the Secretary of State that
are, in the judgment | 7 | | of the Inspector General, necessary or desirable. | 8 | | (3) To request any information or assistance that may | 9 | | be necessary for
carrying out the duties and | 10 | | responsibilities provided by this Section from any
local, | 11 | | State, or federal governmental agency or unit thereof. | 12 | | (4) To require by subpoena the
appearance of witnesses | 13 | | and the production of all information, documents,
reports, | 14 | | answers, records, accounts, papers, and other data and | 15 | | documentary
evidence necessary in the performance of the | 16 | | functions assigned by this
Section, with the exception of | 17 | | subsection (c) and with the exception of records
of a | 18 | | labor
organization authorized and recognized under the | 19 | | Illinois Public Labor
Relations
Act to be the exclusive | 20 | | bargaining representative of employees of the Secretary
of | 21 | | State, including, but not limited to, records of | 22 | | representation of employees
and
the negotiation of | 23 | | collective bargaining agreements. A subpoena may be issued
| 24 | | under
this paragraph (4) only by the
Inspector General and | 25 | | not by members of the Inspector General's staff.
A person | 26 | | duly
subpoenaed for testimony, documents, or other items |
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| 1 | | who neglects or refuses to
testify or produce documents or | 2 | | other items under the requirements of the
subpoena shall | 3 | | be subject to punishment as
may be determined by a court of | 4 | | competent jurisdiction, unless (i) the
testimony, | 5 | | documents, or other items are covered by the | 6 | | attorney-client
privilege or
any other privilege or right | 7 | | recognized by law or (ii) the testimony,
documents, or | 8 | | other items concern the representation of employees and | 9 | | the
negotiation of collective bargaining agreements by a | 10 | | labor
organization authorized and recognized under the | 11 | | Illinois Public
Labor Relations Act to be the exclusive | 12 | | bargaining representative of
employees of the Secretary of | 13 | | State. Nothing in this Section limits a
person's right to | 14 | | protection against self-incrimination under the Fifth
| 15 | | Amendment of the United States Constitution or Article I, | 16 | | Section 10,
of the Constitution of the State of Illinois. | 17 | | (5) To have direct and prompt access to the Secretary | 18 | | of State for any
purpose pertaining to the performance of | 19 | | functions and responsibilities under
this Section. | 20 | | (d-5) In addition to the authority otherwise provided by | 21 | | this Section, the Secretary of State Inspector General shall | 22 | | have jurisdiction to investigate complaints and allegations of | 23 | | wrongdoing by any person or entity related to the Lobbyist | 24 | | Registration Act. When investigating those complaints and | 25 | | allegations, the Inspector General is authorized: | 26 | | (1) To have access to all records, reports, audits, |
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| 1 | | reviews, documents, papers, recommendations, or other | 2 | | materials available that relate to programs and operations | 3 | | with respect to which the Inspector General has | 4 | | responsibilities under this Section. | 5 | | (2) To request any information or assistance that may | 6 | | be necessary for carrying out the duties and | 7 | | responsibilities provided by this Section from any local, | 8 | | State, or federal governmental agency or unit thereof. | 9 | | (3) To require by subpoena the appearance of witnesses | 10 | | and the production of all information, documents, reports, | 11 | | answers, records, accounts, papers, and other data and | 12 | | documentary evidence necessary in the performance of the | 13 | | functions assigned by this Section. A subpoena may be | 14 | | issued under this paragraph (3) only by the Inspector | 15 | | General and not by members of the Inspector General's | 16 | | staff. A person duly subpoenaed for testimony, documents, | 17 | | or other items who neglects or refuses to testify or | 18 | | produce documents or other items under the requirements of | 19 | | the subpoena shall be subject to punishment as may be | 20 | | determined by a court of competent jurisdiction, unless | 21 | | the testimony, documents, or other items are covered by | 22 | | the attorney-client privilege or any other privilege or | 23 | | right recognized by law. Nothing in this Section limits a | 24 | | person's right to protection against self-incrimination | 25 | | under the Fifth Amendment of the United States | 26 | | Constitution or Section 10 of Article I of the |
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| 1 | | Constitution of the State of Illinois. | 2 | | (4) To have direct and prompt access to the Secretary | 3 | | of State for any purpose pertaining to the performance of | 4 | | functions and responsibilities under this Section.
| 5 | | (5) As provided in subsection (d) of Section 5 of the | 6 | | Lobbyist Registration Act, to review allegations that an | 7 | | individual required to be registered under the Lobbyist | 8 | | Registration Act has engaged in one or more acts of sexual | 9 | | harassment. Upon completion of that review, the Inspector | 10 | | General shall submit a summary of the review to the | 11 | | Executive Ethics Commission. The Inspector General is | 12 | | authorized to file pleadings with the Executive Ethics | 13 | | Commission, through the Attorney General, if the Attorney | 14 | | General finds that reasonable cause exists to believe that | 15 | | a violation regarding acts of sexual harassment has | 16 | | occurred. The Secretary shall adopt rules setting forth | 17 | | the procedures for the review of such allegations. | 18 | | (e) The Inspector General may receive and investigate | 19 | | complaints or
information concerning the possible
existence of | 20 | | an activity constituting a violation of law, rules, or
| 21 | | regulations; mismanagement; abuse of authority; or substantial | 22 | | and specific
danger to the public health and safety. Any | 23 | | person
who knowingly files a
false
complaint or files a | 24 | | complaint with reckless disregard for the truth or the
falsity
| 25 | | of the facts underlying the complaint may be subject to | 26 | | discipline as set forth
in the rules of the Department of |
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| 1 | | Personnel of the Secretary of State or the Inspector General | 2 | | may refer the matter to a State's Attorney or the Attorney | 3 | | General. | 4 | | The Inspector General may not, after receipt of a | 5 | | complaint or information, disclose the
identity of the source
| 6 | | without the consent of the source, unless the
Inspector | 7 | | General determines that
disclosure of the identity is | 8 | | reasonable and necessary for the furtherance of
the
| 9 | | investigation. | 10 | | Any employee who has the authority to recommend or
approve | 11 | | any personnel action or to direct others to recommend or | 12 | | approve any
personnel action may not, with respect to that | 13 | | authority, take or threaten to
take any action against any | 14 | | employee as a reprisal for making a
complaint or disclosing | 15 | | information to the Inspector General, unless the
complaint was | 16 | | made or the information disclosed with the knowledge that it | 17 | | was
false or with willful disregard for its truth or falsity. | 18 | | (e-5) Within 24 hours after determining that there is | 19 | | reasonable suspicion to believe that a criminal act may have | 20 | | been committed or that special expertise may be required in an | 21 | | investigation, the Inspector General shall notify the | 22 | | Department of State Police or other appropriate law | 23 | | enforcement authority, or ensure that such notification is | 24 | | made. The Department of State Police shall investigate any | 25 | | report from the Inspector General that indicates that a | 26 | | possible criminal act relating to bribery, the unlawful use or |
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| 1 | | possession of a weapon, bodily injury or the immediate threat | 2 | | of bodily injury to another, a narcotics-related activity, a | 3 | | criminal sexual assault, or the death of another person has | 4 | | been committed by any person or entity under the Inspector | 5 | | General's jurisdiction. All investigations conducted by the | 6 | | Inspector General shall be conducted in a manner designed to | 7 | | ensure the preservation of evidence for possible use in a | 8 | | criminal prosecution. | 9 | | (f) The Inspector General must adopt rules, in accordance | 10 | | with the
provisions of the Illinois Administrative Procedure | 11 | | Act, establishing minimum
requirements for initiating, | 12 | | conducting, and completing investigations. The
rules must | 13 | | establish criteria for determining, based upon the nature of | 14 | | the
allegation, the appropriate method of investigation, which | 15 | | may include, but is
not limited to, site visits, telephone | 16 | | contacts, personal interviews, or
requests for written | 17 | | responses. The rules must also clarify how the Office of
the | 18 | | Inspector General shall interact with other local, State, and | 19 | | federal law
enforcement investigations. | 20 | | Any employee of the Secretary of State subject to | 21 | | investigation or inquiry
by the Inspector General or any agent | 22 | | or representative of the Inspector
General concerning | 23 | | misconduct that is criminal in nature shall have the right
to | 24 | | be notified of the right to remain silent
during the | 25 | | investigation or inquiry and the right to be represented in | 26 | | the
investigation or inquiry by an attorney or a |
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| 1 | | representative of a labor
organization that is
the exclusive | 2 | | collective bargaining representative of employees of the
| 3 | | Secretary of State.
Any investigation or inquiry by the | 4 | | Inspector General or any agent or
representative of the | 5 | | Inspector General must be conducted with an awareness of
the | 6 | | provisions of a collective bargaining agreement that applies | 7 | | to the
employees
of the Secretary of State and with an | 8 | | awareness of the rights of the employees
as set forth in State | 9 | | and federal law and applicable judicial decisions. Any
| 10 | | recommendations for discipline or any action taken
against any | 11 | | employee by the
Inspector General or any representative or | 12 | | agent of the Inspector General must
comply with the provisions | 13 | | of the collective bargaining agreement that applies
to the | 14 | | employee. | 15 | | (g) On or before January 1 of each year, the Inspector | 16 | | General shall report
to the President of the Senate, the | 17 | | Minority Leader of the Senate, the Speaker
of the House of | 18 | | Representatives, and the Minority Leader of the House of
| 19 | | Representatives on the types of investigations and the | 20 | | activities undertaken by
the Office of the Inspector General | 21 | | during the previous calendar year. | 22 | | (Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.) | 23 | | Section 15. The Children and Family Services Act is | 24 | | amended by changing Section 35.5 as follows:
|
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| 1 | | (20 ILCS 505/35.5)
| 2 | | Sec. 35.5. Inspector General.
| 3 | | (a) The Governor shall appoint, and the Senate shall | 4 | | confirm, an Inspector
General who shall
have the authority to | 5 | | conduct investigations into allegations of or incidents
of | 6 | | possible misconduct, misfeasance, malfeasance, or violations | 7 | | of rules,
procedures, or laws by any employee, foster parent, | 8 | | service provider, or
contractor of the Department of Children | 9 | | and Family Services, except for allegations of violations of | 10 | | the State Officials and Employees Ethics Act which shall be | 11 | | referred to the Office of the Governor's Executive Inspector | 12 | | General for investigation. The Inspector
General shall make | 13 | | recommendations
to the Director of Children and Family | 14 | | Services concerning sanctions or
disciplinary actions against | 15 | | Department
employees or providers of service under contract to | 16 | | the Department. The Director of Children and Family Services | 17 | | shall provide the Inspector General with an implementation | 18 | | report on the status of any corrective actions taken on | 19 | | recommendations under review and shall continue sending | 20 | | updated reports until the corrective action is completed. The | 21 | | Director shall provide a written response to the Inspector | 22 | | General indicating the status of any sanctions or disciplinary | 23 | | actions against employees or providers of service involving | 24 | | any investigation subject to review. In any case, information | 25 | | included in the reports to the Inspector General and | 26 | | Department responses shall be subject to the public disclosure |
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| 1 | | requirements of the Abused and Neglected Child Reporting Act.
| 2 | | Any
investigation
conducted by the Inspector General shall be | 3 | | independent and separate from the
investigation mandated by | 4 | | the Abused and Neglected Child Reporting Act. The
Inspector | 5 | | General shall be appointed for a term of 4 years. The Inspector
| 6 | | General shall function independently within the Department of | 7 | | Children and Family Services with respect to the operations of | 8 | | the Office of Inspector General, including the performance of | 9 | | investigations and issuance of findings and recommendations, | 10 | | and shall
report to the Director of Children and Family | 11 | | Services and the Governor and
perform other
duties the | 12 | | Director may designate. The Inspector General shall adopt | 13 | | rules
as necessary to carry out the
functions, purposes, and | 14 | | duties of the office of Inspector General in the
Department of | 15 | | Children and Family Services, in accordance with the Illinois
| 16 | | Administrative Procedure Act and any other applicable law.
| 17 | | (b) The Inspector
General shall have access to all | 18 | | information and personnel necessary to perform
the duties of | 19 | | the office. To minimize duplication of efforts, and to assure
| 20 | | consistency and conformance with the requirements and | 21 | | procedures established in
the B.H. v. Suter consent decree and | 22 | | to share resources
when appropriate, the Inspector General | 23 | | shall coordinate his or her
activities with the Bureau of | 24 | | Quality Assurance within the Department.
| 25 | | (c) The Inspector General shall be the primary liaison | 26 | | between the
Department and the Department of State Police with |
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| 1 | | regard to investigations
conducted under the Inspector | 2 | | General's auspices.
Within 24 hours after determining that | 3 | | there is reasonable suspicion to believe that a criminal act | 4 | | may have been committed or that special expertise may be | 5 | | required in an investigation, the Inspector General shall | 6 | | notify the Department of State Police or other appropriate law | 7 | | enforcement authority, or ensure that such notification is | 8 | | made. The Department of State Police shall investigate any | 9 | | report from a child care facility or any other facility | 10 | | licensed by the Department of Children and Family Services | 11 | | that indicates that a possible criminal act relating to | 12 | | bribery, the unlawful use or possession of a weapon, bodily | 13 | | injury or the immediate threat of bodily injury to another, a | 14 | | narcotics-related activity, a criminal sexual assault, or the | 15 | | death of another person has been committed by a facility | 16 | | employee. All investigations conducted by the Inspector | 17 | | General shall be conducted in a manner designed to ensure the | 18 | | preservation of evidence for possible use in a criminal | 19 | | prosecution. If the Inspector General determines that a | 20 | | possible criminal act
has been committed,
or that special | 21 | | expertise is required in the investigation, he or she shall
| 22 | | immediately notify the Department of State Police.
All | 23 | | investigations conducted by the Inspector General shall be
| 24 | | conducted in a manner designed to ensure the preservation of | 25 | | evidence for
possible use in a criminal prosecution.
| 26 | | (d) The Inspector General may recommend to the Department |
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| 1 | | of Children and
Family Services, the Department of Public | 2 | | Health, or any other appropriate
agency, sanctions to be | 3 | | imposed against service providers under the
jurisdiction of or | 4 | | under contract with the Department for the protection of
| 5 | | children in the custody or under the guardianship of the | 6 | | Department who
received services from those providers. The | 7 | | Inspector General may seek the
assistance of the Attorney | 8 | | General or any of the several State's Attorneys in
imposing | 9 | | sanctions.
| 10 | | (e) The Inspector General shall at all times be granted | 11 | | access to any foster
home, facility, or program operated for | 12 | | or licensed or funded by the
Department.
| 13 | | (f) Nothing in this Section shall limit investigations by | 14 | | the Department of
Children and Family Services that may | 15 | | otherwise be required by law or that may
be necessary in that | 16 | | Department's capacity as the central administrative
authority | 17 | | for child welfare.
| 18 | | (g) The Inspector General shall have the power to subpoena | 19 | | witnesses and
compel the production of books and papers | 20 | | pertinent to an investigation
authorized by this Act. The | 21 | | power to subpoena or to compel the
production of books and | 22 | | papers, however, shall not extend to the person or
documents | 23 | | of a
labor organization or its representatives insofar as the | 24 | | person or documents of
a labor organization relate to the | 25 | | function of representing an employee subject
to investigation | 26 | | under this Act. Any person who fails to appear in response to
a |
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| 1 | | subpoena or to answer any question or produce any books or | 2 | | papers pertinent
to an investigation under this Act, except as | 3 | | otherwise provided in this
Section, or who knowingly gives | 4 | | false testimony in relation to an investigation
under this Act | 5 | | is guilty of a Class A misdemeanor.
| 6 | | (h) The Inspector General shall provide to the General | 7 | | Assembly and the
Governor, no later than January 1 of each | 8 | | year, a summary of reports and
investigations made under this | 9 | | Section for the prior fiscal year. The
summaries shall detail | 10 | | the imposition of sanctions and the final disposition
of those | 11 | | recommendations. The summaries shall not contain any | 12 | | confidential or
identifying information concerning the | 13 | | subjects of the reports and
investigations. The summaries also | 14 | | shall include detailed recommended
administrative actions and | 15 | | matters for consideration by the General Assembly.
| 16 | | (Source: P.A. 95-527, eff. 6-1-08; 96-555, eff. 8-18-09.)
| 17 | | Section 20. The Department of Human Services Act is | 18 | | amended by changing Section 1-17 as follows:
| 19 | | (20 ILCS 1305/1-17)
| 20 | | Sec. 1-17. Inspector General. | 21 | | (a) Nature and purpose. It is the express intent of the | 22 | | General Assembly to ensure the health, safety, and financial | 23 | | condition of individuals receiving services in this State due | 24 | | to mental illness, developmental disability, or both by |
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| 1 | | protecting those persons from acts of abuse, neglect, or both | 2 | | by service providers. To that end, the Office of the Inspector | 3 | | General for the Department of Human Services is created to | 4 | | investigate and report upon allegations of the abuse, neglect, | 5 | | or financial exploitation of individuals receiving services | 6 | | within mental health facilities, developmental disabilities | 7 | | facilities, and community agencies operated, licensed, funded, | 8 | | or certified by the Department of Human Services, but not | 9 | | licensed or certified by any other State agency. | 10 | | (b) Definitions. The following definitions apply to this | 11 | | Section: | 12 | | "Adult student with a disability" means an adult student, | 13 | | age 18 through 21, inclusive, with an Individual Education | 14 | | Program, other than a resident of a facility licensed by the | 15 | | Department of Children and Family Services in accordance with | 16 | | the Child Care Act of 1969. For purposes of this definition, | 17 | | "through age 21, inclusive", means through the day before the | 18 | | student's 22nd birthday. | 19 | | "Agency" or "community agency" means (i) a community | 20 | | agency licensed, funded, or certified by the Department, but | 21 | | not licensed or certified by any other human services agency | 22 | | of the State, to provide mental health service or | 23 | | developmental disabilities service, or (ii) a program | 24 | | licensed, funded, or certified by the Department, but not | 25 | | licensed or certified by any other human services agency of | 26 | | the State, to provide mental health service or developmental |
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| 1 | | disabilities service. | 2 | | "Aggravating circumstance" means a factor that is | 3 | | attendant to a finding and that tends to compound or increase | 4 | | the culpability of the accused. | 5 | | "Allegation" means an assertion, complaint, suspicion, or | 6 | | incident involving any of the following conduct by an | 7 | | employee, facility, or agency against an individual or | 8 | | individuals: mental abuse, physical abuse, sexual abuse, | 9 | | neglect, or financial exploitation. | 10 | | "Day" means working day, unless otherwise specified. | 11 | | "Deflection" means a situation in which an individual is | 12 | | presented for admission to a facility or agency, and the | 13 | | facility staff or agency staff do not admit the individual. | 14 | | "Deflection" includes triage, redirection, and denial of | 15 | | admission. | 16 | | "Department" means the Department of Human Services. | 17 | | "Developmental disability" means "developmental | 18 | | disability" as defined in the Mental Health and Developmental | 19 | | Disabilities Code. | 20 | | "Egregious neglect" means a finding of neglect as | 21 | | determined by the Inspector General that (i) represents a | 22 | | gross failure to adequately provide for, or a callused | 23 | | indifference to, the health, safety, or medical needs of an | 24 | | individual and (ii) results in an individual's death or other | 25 | | serious deterioration of an individual's physical condition or | 26 | | mental condition. |
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| 1 | | "Employee" means any person who provides services at the | 2 | | facility or agency on-site or off-site. The service | 3 | | relationship can be with the individual or with the facility | 4 | | or agency. Also, "employee" includes any employee or | 5 | | contractual agent of the Department of Human Services or the | 6 | | community agency involved in providing or monitoring or | 7 | | administering mental health or developmental disability | 8 | | services. This includes but is not limited to: owners, | 9 | | operators, payroll personnel, contractors, subcontractors, and | 10 | | volunteers. | 11 | | "Facility" or "State-operated facility" means a mental | 12 | | health facility or developmental disabilities facility | 13 | | operated by the Department. | 14 | | "Financial exploitation" means taking unjust advantage of | 15 | | an individual's assets, property, or financial resources | 16 | | through deception, intimidation, or conversion for the | 17 | | employee's, facility's, or agency's own advantage or benefit. | 18 | | "Finding" means the Office of Inspector General's | 19 | | determination regarding whether an allegation is | 20 | | substantiated, unsubstantiated, or unfounded. | 21 | | "Health Care Worker Registry" or "Registry" means the | 22 | | Health Care Worker Registry under the Health Care Worker | 23 | | Background Check Act. | 24 | | "Individual" means any person receiving mental health | 25 | | service, developmental disabilities service, or both from a | 26 | | facility or agency, while either on-site or off-site. |
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| 1 | | "Mental abuse" means the use of demeaning, intimidating, | 2 | | or threatening words, signs, gestures, or other actions by an | 3 | | employee about an individual and in the presence of an | 4 | | individual or individuals that results in emotional distress | 5 | | or maladaptive behavior, or could have resulted in emotional | 6 | | distress or maladaptive behavior, for any individual present. | 7 | | "Mental illness" means "mental illness" as defined in the | 8 | | Mental Health and Developmental Disabilities Code. | 9 | | "Mentally ill" means having a mental illness. | 10 | | "Mitigating circumstance" means a condition that (i) is | 11 | | attendant to a finding, (ii) does not excuse or justify the | 12 | | conduct in question, but (iii) may be considered in evaluating | 13 | | the severity of the conduct, the culpability of the accused, | 14 | | or both the severity of the conduct and the culpability of the | 15 | | accused. | 16 | | "Neglect" means an employee's, agency's, or facility's | 17 | | failure to provide adequate medical care, personal care, or | 18 | | maintenance and that, as a consequence, (i) causes an | 19 | | individual pain, injury, or emotional distress, (ii) results | 20 | | in either an individual's maladaptive behavior or the | 21 | | deterioration of an individual's physical condition or mental | 22 | | condition, or (iii) places the individual's health or safety | 23 | | at substantial risk. | 24 | | "Person with a developmental disability" means a person | 25 | | having a developmental disability. | 26 | | "Physical abuse" means an employee's non-accidental and |
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| 1 | | inappropriate contact with an individual that causes bodily | 2 | | harm. "Physical abuse" includes actions that cause bodily harm | 3 | | as a result of an employee directing an individual or person to | 4 | | physically abuse another individual. | 5 | | "Recommendation" means an admonition, separate from a | 6 | | finding, that requires action by the facility, agency, or | 7 | | Department to correct a systemic issue, problem, or deficiency | 8 | | identified during an investigation. | 9 | | "Required reporter" means any employee who suspects, | 10 | | witnesses, or is informed of an allegation of any one or more | 11 | | of the following: mental abuse, physical abuse, sexual abuse, | 12 | | neglect, or financial exploitation. | 13 | | "Secretary" means the Chief Administrative Officer of the | 14 | | Department. | 15 | | "Sexual abuse" means any sexual contact or intimate | 16 | | physical contact between an employee and an individual, | 17 | | including an employee's coercion or encouragement of an | 18 | | individual to engage in sexual behavior that results in sexual | 19 | | contact, intimate physical contact, sexual behavior, or | 20 | | intimate physical behavior. Sexual abuse also includes (i) an | 21 | | employee's actions that result in the sending or showing of | 22 | | sexually explicit images to an individual via computer, | 23 | | cellular phone, electronic mail, portable electronic device, | 24 | | or other media with or without contact with the individual or | 25 | | (ii) an employee's posting of sexually explicit images of an | 26 | | individual online or elsewhere whether or not there is contact |
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| 1 | | with the individual. | 2 | | "Sexually explicit images" includes, but is not limited | 3 | | to, any material which depicts nudity, sexual conduct, or | 4 | | sado-masochistic abuse, or which contains explicit and | 5 | | detailed verbal descriptions or narrative accounts of sexual | 6 | | excitement, sexual conduct, or sado-masochistic abuse. | 7 | | "Substantiated" means there is a preponderance of the | 8 | | evidence to support the allegation. | 9 | | "Unfounded" means there is no credible evidence to support | 10 | | the allegation. | 11 | | "Unsubstantiated" means there is credible evidence, but | 12 | | less than a preponderance of evidence to support the | 13 | | allegation. | 14 | | (c) Appointment. The Governor shall appoint, and the | 15 | | Senate shall confirm, an Inspector General. The Inspector | 16 | | General shall be appointed for a term of 4 years and shall | 17 | | function within the Department of Human Services and report to | 18 | | the Secretary and the Governor. | 19 | | (d) Operation and appropriation. The Inspector General | 20 | | shall function independently within the Department with | 21 | | respect to the operations of the Office, including the | 22 | | performance of investigations and issuance of findings and | 23 | | recommendations. The appropriation for the Office of Inspector | 24 | | General shall be separate from the overall appropriation for | 25 | | the Department. | 26 | | (e) Powers and duties. The Inspector General shall |
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| 1 | | investigate reports of suspected mental abuse, physical abuse, | 2 | | sexual abuse, neglect, or financial exploitation of | 3 | | individuals in any mental health or developmental disabilities | 4 | | facility or agency and shall have authority to take immediate | 5 | | action to prevent any one or more of the following from | 6 | | happening to individuals under its jurisdiction: mental abuse, | 7 | | physical abuse, sexual abuse, neglect, or financial | 8 | | exploitation. Upon written request of an agency of this State, | 9 | | the Inspector General may assist another agency of the State | 10 | | in investigating reports of the abuse, neglect, or abuse and | 11 | | neglect of persons with mental illness, persons with | 12 | | developmental disabilities, or persons with both. To comply | 13 | | with the requirements of subsection (k) of this Section, the | 14 | | Inspector General shall also review all reportable deaths for | 15 | | which there is no allegation of abuse or neglect. Nothing in | 16 | | this Section shall preempt any duties of the Medical Review | 17 | | Board set forth in the Mental Health and Developmental | 18 | | Disabilities Code. The Inspector General shall have no | 19 | | authority to investigate alleged violations of the State | 20 | | Officials and Employees Ethics Act. Allegations of misconduct | 21 | | under the State Officials and Employees Ethics Act shall be | 22 | | referred to the Office of the Governor's Executive Inspector | 23 | | General for investigation. | 24 | | (f) Limitations. The Inspector General shall not conduct | 25 | | an investigation within an agency or facility if that | 26 | | investigation would be redundant to or interfere with an |
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| 1 | | investigation conducted by another State agency. The Inspector | 2 | | General shall have no supervision over, or involvement in, the | 3 | | routine programmatic, licensing, funding, or certification | 4 | | operations of the Department. Nothing in this subsection | 5 | | limits investigations by the Department that may otherwise be | 6 | | required by law or that may be necessary in the Department's | 7 | | capacity as central administrative authority responsible for | 8 | | the operation of the State's mental health and developmental | 9 | | disabilities facilities. | 10 | | (g) Rulemaking authority. The Inspector General shall | 11 | | promulgate rules establishing minimum requirements for | 12 | | reporting allegations as well as for initiating, conducting, | 13 | | and completing investigations based upon the nature of the | 14 | | allegation or allegations. The rules shall clearly establish | 15 | | that if 2 or more State agencies could investigate an | 16 | | allegation, the Inspector General shall not conduct an | 17 | | investigation that would be redundant to, or interfere with, | 18 | | an investigation conducted by another State agency. The rules | 19 | | shall further clarify the method and circumstances under which | 20 | | the Office of Inspector General may interact with the | 21 | | licensing, funding, or certification units of the Department | 22 | | in preventing further occurrences of mental abuse, physical | 23 | | abuse, sexual abuse, neglect, egregious neglect, and financial | 24 | | exploitation. | 25 | | (h) Training programs. The Inspector General shall (i) | 26 | | establish a comprehensive program to ensure that every person |
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| 1 | | authorized to conduct investigations receives ongoing training | 2 | | relative to investigation techniques, communication skills, | 3 | | and the appropriate means of interacting with persons | 4 | | receiving treatment for mental illness, developmental | 5 | | disability, or both mental illness and developmental | 6 | | disability, and (ii) establish and conduct periodic training | 7 | | programs for facility and agency employees concerning the | 8 | | prevention and reporting of any one or more of the following: | 9 | | mental abuse, physical abuse, sexual abuse, neglect, egregious | 10 | | neglect, or financial exploitation. The Inspector General | 11 | | shall further ensure (i) every person authorized to conduct | 12 | | investigations at community agencies receives ongoing training | 13 | | in Title 59, Parts 115, 116, and 119 of the Illinois | 14 | | Administrative Code, and (ii) every person authorized to | 15 | | conduct investigations shall receive ongoing training in Title | 16 | | 59, Part 50 of the Illinois Administrative Code. Nothing in | 17 | | this Section shall be deemed to prevent the Office of | 18 | | Inspector General from conducting any other training as | 19 | | determined by the Inspector General to be necessary or | 20 | | helpful. | 21 | | (i) Duty to cooperate. | 22 | | (1) The Inspector General shall at all times be | 23 | | granted access to any facility or agency for the purpose | 24 | | of investigating any allegation, conducting unannounced | 25 | | site visits, monitoring compliance with a written | 26 | | response, or completing any other statutorily assigned |
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| 1 | | duty. The Inspector General shall conduct unannounced site | 2 | | visits to each facility at least annually for the purpose | 3 | | of reviewing and making recommendations on systemic issues | 4 | | relative to preventing, reporting, investigating, and | 5 | | responding to all of the following: mental abuse, physical | 6 | | abuse, sexual abuse, neglect, egregious neglect, or | 7 | | financial exploitation. | 8 | | (2) Any employee who fails to cooperate with an Office | 9 | | of the Inspector General investigation is in violation of | 10 | | this Act. Failure to cooperate with an investigation | 11 | | includes, but is not limited to, any one or more of the | 12 | | following: (i) creating and transmitting a false report to | 13 | | the Office of the Inspector General hotline, (ii) | 14 | | providing false information to an Office of the Inspector | 15 | | General Investigator during an investigation, (iii) | 16 | | colluding with other employees to cover up evidence, (iv) | 17 | | colluding with other employees to provide false | 18 | | information to an Office of the Inspector General | 19 | | investigator, (v) destroying evidence, (vi) withholding | 20 | | evidence, or (vii) otherwise obstructing an Office of the | 21 | | Inspector General investigation. Additionally, any | 22 | | employee who, during an unannounced site visit or written | 23 | | response compliance check, fails to cooperate with | 24 | | requests from the Office of the Inspector General is in | 25 | | violation of this Act. | 26 | | (j) Subpoena powers. The Inspector General shall have the |
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| 1 | | power to subpoena witnesses and compel the production of all | 2 | | documents and physical evidence relating to his or her | 3 | | investigations and any hearings authorized by this Act. This | 4 | | subpoena power shall not extend to persons or documents of a | 5 | | labor organization or its representatives insofar as the | 6 | | persons are acting in a representative capacity to an employee | 7 | | whose conduct is the subject of an investigation or the | 8 | | documents relate to that representation. Any person who | 9 | | otherwise fails to respond to a subpoena or who knowingly | 10 | | provides false information to the Office of the Inspector | 11 | | General by subpoena during an investigation is guilty of a | 12 | | Class A misdemeanor. | 13 | | (k) Reporting allegations and deaths. | 14 | | (1) Allegations. If an employee witnesses, is told of, | 15 | | or has reason to believe an incident of mental abuse, | 16 | | physical abuse, sexual abuse, neglect, or financial | 17 | | exploitation has occurred, the employee, agency, or | 18 | | facility shall report the allegation by phone to the | 19 | | Office of the Inspector General hotline according to the | 20 | | agency's or facility's procedures, but in no event later | 21 | | than 4 hours after the initial discovery of the incident, | 22 | | allegation, or suspicion of any one or more of the | 23 | | following: mental abuse, physical abuse, sexual abuse, | 24 | | neglect, or financial exploitation. A required reporter as | 25 | | defined in subsection (b) of this Section who knowingly or | 26 | | intentionally fails to comply with these reporting |
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| 1 | | requirements is guilty of a Class A misdemeanor. | 2 | | (2) Deaths. Absent an allegation, a required reporter | 3 | | shall, within 24 hours after initial discovery, report by | 4 | | phone to the Office of the Inspector General hotline each | 5 | | of the following: | 6 | | (i) Any death of an individual occurring within 14 | 7 | | calendar days after discharge or transfer of the | 8 | | individual from a residential program or facility. | 9 | | (ii) Any death of an individual occurring within | 10 | | 24 hours after deflection from a residential program | 11 | | or facility. | 12 | | (iii) Any other death of an individual occurring | 13 | | at an agency or facility or at any Department-funded | 14 | | site. | 15 | | (3) Retaliation. It is a violation of this Act for any | 16 | | employee or administrator of an agency or facility to take | 17 | | retaliatory action against an employee who acts in good | 18 | | faith in conformance with his or her duties as a required | 19 | | reporter. | 20 | | (l) Reporting to law enforcement. | 21 | | (1) Reporting criminal acts. Within 24 hours after | 22 | | determining that there is reasonable suspicion to believe | 23 | | credible evidence indicating that a criminal act may have | 24 | | been committed or that special expertise may be required | 25 | | in an investigation, the Inspector General shall notify | 26 | | the Department of State Police or other appropriate law |
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| 1 | | enforcement authority, or ensure that such notification is | 2 | | made. The Department of State Police shall investigate any | 3 | | report from a State-operated facility that indicates that | 4 | | a possible criminal act relating to bribery, the unlawful | 5 | | use or possession of a weapon, bodily injury or the | 6 | | immediate threat of bodily injury to another, a | 7 | | narcotics-related activity, a criminal sexual assault, or | 8 | | the death of another person has been committed indicating | 9 | | a possible murder, sexual assault, or other felony by an | 10 | | employee. All investigations conducted by the Inspector | 11 | | General shall be conducted in a manner designed to ensure | 12 | | the preservation of evidence for possible use in a | 13 | | criminal prosecution. | 14 | | (2) Reporting allegations of adult students with | 15 | | disabilities. Upon receipt of a reportable allegation | 16 | | regarding an adult student with a disability, the | 17 | | Department's Office of the Inspector General shall | 18 | | determine whether the allegation meets the criteria for | 19 | | the Domestic Abuse Program under the Abuse of Adults with | 20 | | Disabilities Intervention Act. If the allegation is | 21 | | reportable to that program, the Office of the Inspector | 22 | | General shall initiate an investigation. If the allegation | 23 | | is not reportable to the Domestic Abuse Program, the | 24 | | Office of the Inspector General shall make an expeditious | 25 | | referral to the respective law enforcement entity. If the | 26 | | alleged victim is already receiving services from the |
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| 1 | | Department, the Office of the Inspector General shall also | 2 | | make a referral to the respective Department of Human | 3 | | Services' Division or Bureau. | 4 | | (m) Investigative reports. Upon completion of an | 5 | | investigation, the Office of Inspector General shall issue an | 6 | | investigative report identifying whether the allegations are | 7 | | substantiated, unsubstantiated, or unfounded. Within 10 | 8 | | business days after the transmittal of a completed | 9 | | investigative report substantiating an allegation, finding an | 10 | | allegation is unsubstantiated, or if a recommendation is made, | 11 | | the Inspector General shall provide the investigative report | 12 | | on the case to the Secretary and to the director of the | 13 | | facility or agency where any one or more of the following | 14 | | occurred: mental abuse, physical abuse, sexual abuse, neglect, | 15 | | egregious neglect, or financial exploitation. The director of | 16 | | the facility or agency shall be responsible for maintaining | 17 | | the confidentiality of the investigative report consistent | 18 | | with State and federal law. In a substantiated case, the | 19 | | investigative report shall include any mitigating or | 20 | | aggravating circumstances that were identified during the | 21 | | investigation. If the case involves substantiated neglect, the | 22 | | investigative report shall also state whether egregious | 23 | | neglect was found. An investigative report may also set forth | 24 | | recommendations. All investigative reports prepared by the | 25 | | Office of the Inspector General shall be considered | 26 | | confidential and shall not be released except as provided by |
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| 1 | | the law of this State or as required under applicable federal | 2 | | law. Unsubstantiated and unfounded reports shall not be | 3 | | disclosed except as allowed under Section 6 of the Abused and | 4 | | Neglected Long Term Care Facility Residents Reporting Act. Raw | 5 | | data used to compile the investigative report shall not be | 6 | | subject to release unless required by law or a court order. | 7 | | "Raw data used to compile the investigative report" includes, | 8 | | but is not limited to, any one or more of the following: the | 9 | | initial complaint, witness statements, photographs, | 10 | | investigator's notes, police reports, or incident reports. If | 11 | | the allegations are substantiated, the victim, the victim's | 12 | | guardian, and the accused shall be provided with a redacted | 13 | | copy of the investigative report. Death reports where there | 14 | | was no allegation of abuse or neglect shall only be released | 15 | | pursuant to applicable State or federal law or a valid court | 16 | | order. Unredacted investigative reports, as well as raw data, | 17 | | may be shared with a local law enforcement entity, a State's | 18 | | Attorney's office, or a county coroner's office upon written | 19 | | request. | 20 | | (n) Written responses, clarification requests, and | 21 | | reconsideration requests. | 22 | | (1) Written responses. Within 30 calendar days from | 23 | | receipt of a substantiated investigative report or an | 24 | | investigative report which contains recommendations, | 25 | | absent a reconsideration request, the facility or agency | 26 | | shall file a written response that addresses, in a concise |
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| 1 | | and reasoned manner, the actions taken to: (i) protect the | 2 | | individual; (ii) prevent recurrences; and (iii) eliminate | 3 | | the problems identified. The response shall include the | 4 | | implementation and completion dates of such actions. If | 5 | | the written response is not filed within the allotted 30 | 6 | | calendar day period, the Secretary shall determine the | 7 | | appropriate corrective action to be taken. | 8 | | (2) Requests for clarification. The facility, agency, | 9 | | victim or guardian, or the subject employee may request | 10 | | that the Office of Inspector General clarify the finding | 11 | | or findings for which clarification is sought. | 12 | | (3) Requests for reconsideration. The facility, | 13 | | agency, victim or guardian, or the subject employee may | 14 | | request that the Office of the Inspector General | 15 | | reconsider the finding or findings or the recommendations. | 16 | | A request for reconsideration shall be subject to a | 17 | | multi-layer review and shall include at least one reviewer | 18 | | who did not participate in the investigation or approval | 19 | | of the original investigative report. After the | 20 | | multi-layer review process has been completed, the | 21 | | Inspector General shall make the final determination on | 22 | | the reconsideration request. The investigation shall be | 23 | | reopened if the reconsideration determination finds that | 24 | | additional information is needed to complete the | 25 | | investigative record. | 26 | | (o) Disclosure of the finding by the Inspector General. |
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| 1 | | The Inspector General shall disclose the finding of an | 2 | | investigation to the following persons: (i) the Governor, (ii) | 3 | | the Secretary, (iii) the director of the facility or agency, | 4 | | (iv) the alleged victims and their guardians, (v) the | 5 | | complainant, and (vi) the accused. This information shall | 6 | | include whether the allegations were deemed substantiated, | 7 | | unsubstantiated, or unfounded. | 8 | | (p) Secretary review. Upon review of the Inspector | 9 | | General's investigative report and any agency's or facility's | 10 | | written response, the Secretary shall accept or reject the | 11 | | written response and notify the Inspector General of that | 12 | | determination. The Secretary may further direct that other | 13 | | administrative action be taken, including, but not limited to, | 14 | | any one or more of the following: (i) additional site visits, | 15 | | (ii) training, (iii) provision of technical assistance | 16 | | relative to administrative needs, licensure, or certification, | 17 | | or (iv) the imposition of appropriate sanctions. | 18 | | (q) Action by facility or agency. Within 30 days of the | 19 | | date the Secretary approves the written response or directs | 20 | | that further administrative action be taken, the facility or | 21 | | agency shall provide an implementation report to the Inspector | 22 | | General that provides the status of the action taken. The | 23 | | facility or agency shall be allowed an additional 30 days to | 24 | | send notice of completion of the action or to send an updated | 25 | | implementation report. If the action has not been completed | 26 | | within the additional 30-day period, the facility or agency |
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| 1 | | shall send updated implementation reports every 60 days until | 2 | | completion. The Inspector General shall conduct a review of | 3 | | any implementation plan that takes more than 120 days after | 4 | | approval to complete, and shall monitor compliance through a | 5 | | random review of approved written responses, which may | 6 | | include, but are not limited to: (i) site visits, (ii) | 7 | | telephone contact, and (iii) requests for additional | 8 | | documentation evidencing compliance. | 9 | | (r) Sanctions. Sanctions, if imposed by the Secretary | 10 | | under Subdivision (p)(iv) of this Section, shall be designed | 11 | | to prevent further acts of mental abuse, physical abuse, | 12 | | sexual abuse, neglect, egregious neglect, or financial | 13 | | exploitation or some combination of one or more of those acts | 14 | | at a facility or agency, and may include any one or more of the | 15 | | following: | 16 | | (1) Appointment of on-site monitors. | 17 | | (2) Transfer or relocation of an individual or | 18 | | individuals. | 19 | | (3) Closure of units. | 20 | | (4) Termination of any one or more of the following: | 21 | | (i) Department licensing, (ii) funding, or (iii) | 22 | | certification. | 23 | | The Inspector General may seek the assistance of the | 24 | | Illinois Attorney General or the office of any State's | 25 | | Attorney in implementing sanctions. | 26 | | (s) Health Care Worker Registry. |
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| 1 | | (1) Reporting to the Registry. The Inspector General | 2 | | shall report to the Department of Public Health's Health | 3 | | Care Worker Registry, a public registry, the identity and | 4 | | finding of each employee of a facility or agency against | 5 | | whom there is a final investigative report containing a | 6 | | substantiated allegation of physical or sexual abuse, | 7 | | financial exploitation, or egregious neglect of an | 8 | | individual. | 9 | | (2) Notice to employee. Prior to reporting the name of | 10 | | an employee, the employee shall be notified of the | 11 | | Department's obligation to report and shall be granted an | 12 | | opportunity to request an administrative hearing, the sole | 13 | | purpose of which is to determine if the substantiated | 14 | | finding warrants reporting to the Registry. Notice to the | 15 | | employee shall contain a clear and concise statement of | 16 | | the grounds on which the report to the Registry is based, | 17 | | offer the employee an opportunity for a hearing, and | 18 | | identify the process for requesting such a hearing. Notice | 19 | | is sufficient if provided by certified mail to the | 20 | | employee's last known address. If the employee fails to | 21 | | request a hearing within 30 days from the date of the | 22 | | notice, the Inspector General shall report the name of the | 23 | | employee to the Registry. Nothing in this subdivision | 24 | | (s)(2) shall diminish or impair the rights of a person who | 25 | | is a member of a collective bargaining unit under the | 26 | | Illinois Public Labor Relations Act or under any other |
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| 1 | | federal labor statute. | 2 | | (3) Registry hearings. If the employee requests an | 3 | | administrative hearing, the employee shall be granted an | 4 | | opportunity to appear before an administrative law judge | 5 | | to present reasons why the employee's name should not be | 6 | | reported to the Registry. The Department shall bear the | 7 | | burden of presenting evidence that establishes, by a | 8 | | preponderance of the evidence, that the substantiated | 9 | | finding warrants reporting to the Registry. After | 10 | | considering all the evidence presented, the administrative | 11 | | law judge shall make a recommendation to the Secretary as | 12 | | to whether the substantiated finding warrants reporting | 13 | | the name of the employee to the Registry. The Secretary | 14 | | shall render the final decision. The Department and the | 15 | | employee shall have the right to request that the | 16 | | administrative law judge consider a stipulated disposition | 17 | | of these proceedings. | 18 | | (4) Testimony at Registry hearings. A person who makes | 19 | | a report or who investigates a report under this Act shall | 20 | | testify fully in any judicial proceeding resulting from | 21 | | such a report, as to any evidence of abuse or neglect, or | 22 | | the cause thereof. No evidence shall be excluded by reason | 23 | | of any common law or statutory privilege relating to | 24 | | communications between the alleged perpetrator of abuse or | 25 | | neglect, or the individual alleged as the victim in the | 26 | | report, and the person making or investigating the report. |
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| 1 | | Testimony at hearings is exempt from the confidentiality | 2 | | requirements of subsection (f) of Section 10 of the Mental | 3 | | Health and Developmental Disabilities Confidentiality Act. | 4 | | (5) Employee's rights to collateral action. No | 5 | | reporting to the Registry shall occur and no hearing shall | 6 | | be set or proceed if an employee notifies the Inspector | 7 | | General in writing, including any supporting | 8 | | documentation, that he or she is formally contesting an | 9 | | adverse employment action resulting from a substantiated | 10 | | finding by complaint filed with the Illinois Civil Service | 11 | | Commission, or which otherwise seeks to enforce the | 12 | | employee's rights pursuant to any applicable collective | 13 | | bargaining agreement. If an action taken by an employer | 14 | | against an employee as a result of a finding of physical | 15 | | abuse, sexual abuse, or egregious neglect is overturned | 16 | | through an action filed with the Illinois Civil Service | 17 | | Commission or under any applicable collective bargaining | 18 | | agreement and if that employee's name has already been | 19 | | sent to the Registry, the employee's name shall be removed | 20 | | from the Registry. | 21 | | (6) Removal from Registry. At any time after the | 22 | | report to the Registry, but no more than once in any | 23 | | 12-month period, an employee may petition the Department | 24 | | in writing to remove his or her name from the Registry. | 25 | | Upon receiving notice of such request, the Inspector | 26 | | General shall conduct an investigation into the petition. |
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| 1 | | Upon receipt of such request, an administrative hearing | 2 | | will be set by the Department. At the hearing, the | 3 | | employee shall bear the burden of presenting evidence that | 4 | | establishes, by a preponderance of the evidence, that | 5 | | removal of the name from the Registry is in the public | 6 | | interest. The parties may jointly request that the | 7 | | administrative law judge consider a stipulated disposition | 8 | | of these proceedings. | 9 | | (t) Review of Administrative Decisions. The Department | 10 | | shall preserve a record of all proceedings at any formal | 11 | | hearing conducted by the Department involving Health Care | 12 | | Worker Registry hearings. Final administrative decisions of | 13 | | the Department are subject to judicial review pursuant to | 14 | | provisions of the Administrative Review Law. | 15 | | (u) Quality Care Board. There is created, within the | 16 | | Office of the Inspector General, a Quality Care Board to be | 17 | | composed of 7 members appointed by the Governor with the | 18 | | advice and consent of the Senate. One of the members shall be | 19 | | designated as chairman by the Governor. Of the initial | 20 | | appointments made by the Governor, 4 Board members shall each | 21 | | be appointed for a term of 4 years and 3 members shall each be | 22 | | appointed for a term of 2 years. Upon the expiration of each | 23 | | member's term, a successor shall be appointed for a term of 4 | 24 | | years. In the case of a vacancy in the office of any member, | 25 | | the Governor shall appoint a successor for the remainder of | 26 | | the unexpired term. |
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| 1 | | Members appointed by the Governor shall be qualified by | 2 | | professional knowledge or experience in the area of law, | 3 | | investigatory techniques, or in the area of care of the | 4 | | mentally ill or care of persons with developmental | 5 | | disabilities. Two members appointed by the Governor shall be | 6 | | persons with a disability or parents of persons with a | 7 | | disability. Members shall serve without compensation, but | 8 | | shall be reimbursed for expenses incurred in connection with | 9 | | the performance of their duties as members. | 10 | | The Board shall meet quarterly, and may hold other | 11 | | meetings on the call of the chairman. Four members shall | 12 | | constitute a quorum allowing the Board to conduct its | 13 | | business. The Board may adopt rules and regulations it deems | 14 | | necessary to govern its own procedures. | 15 | | The Board shall monitor and oversee the operations, | 16 | | policies, and procedures of the Inspector General to ensure | 17 | | the prompt and thorough investigation of allegations of | 18 | | neglect and abuse. In fulfilling these responsibilities, the | 19 | | Board may do the following: | 20 | | (1) Provide independent, expert consultation to the | 21 | | Inspector General on policies and protocols for | 22 | | investigations of alleged abuse, neglect, or both abuse | 23 | | and neglect. | 24 | | (2) Review existing regulations relating to the | 25 | | operation of facilities. | 26 | | (3) Advise the Inspector General as to the content of |
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| 1 | | training activities authorized under this Section. | 2 | | (4) Recommend policies concerning methods for | 3 | | improving the intergovernmental relationships between the | 4 | | Office of the Inspector General and other State or federal | 5 | | offices. | 6 | | (v) Annual report. The Inspector General shall provide to | 7 | | the General Assembly and the Governor, no later than January 1 | 8 | | of each year, a summary of reports and investigations made | 9 | | under this Act for the prior fiscal year with respect to | 10 | | individuals receiving mental health or developmental | 11 | | disabilities services. The report shall detail the imposition | 12 | | of sanctions, if any, and the final disposition of any | 13 | | corrective or administrative action directed by the Secretary. | 14 | | The summaries shall not contain any confidential or | 15 | | identifying information of any individual, but shall include | 16 | | objective data identifying any trends in the number of | 17 | | reported allegations, the timeliness of the Office of the | 18 | | Inspector General's investigations, and their disposition, for | 19 | | each facility and Department-wide, for the most recent 3-year | 20 | | time period. The report shall also identify, by facility, the | 21 | | staff-to-patient ratios taking account of direct care staff | 22 | | only. The report shall also include detailed recommended | 23 | | administrative actions and matters for consideration by the | 24 | | General Assembly. | 25 | | (w) Program audit. The Auditor General shall conduct a | 26 | | program audit of the Office of the Inspector General on an |
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| 1 | | as-needed basis, as determined by the Auditor General. The | 2 | | audit shall specifically include the Inspector General's | 3 | | compliance with the Act and effectiveness in investigating | 4 | | reports of allegations occurring in any facility or agency. | 5 | | The Auditor General shall conduct the program audit according | 6 | | to the provisions of the Illinois State Auditing Act and shall | 7 | | report its findings to the General Assembly no later than | 8 | | January 1 following the audit period.
| 9 | | (x) Nothing in this Section shall be construed to mean | 10 | | that an individual is a victim of abuse or neglect because of | 11 | | health care services appropriately provided or not provided by | 12 | | health care professionals. | 13 | | (y) Nothing in this Section shall require a facility, | 14 | | including its employees, agents, medical staff members, and | 15 | | health care professionals, to provide a service to an | 16 | | individual in contravention of that individual's stated or | 17 | | implied objection to the provision of that service on the | 18 | | ground that that service conflicts with the individual's | 19 | | religious beliefs or practices, nor shall the failure to | 20 | | provide a service to an individual be considered abuse under | 21 | | this Section if the individual has objected to the provision | 22 | | of that service based on his or her religious beliefs or | 23 | | practices.
| 24 | | (Source: P.A. 100-313, eff. 8-24-17; 100-432, eff. 8-25-17; | 25 | | 100-863, eff. 8-14-18; 100-943, eff. 1-1-19; 100-991, eff. | 26 | | 8-20-18; 100-1098, eff. 8-26-18; 101-81, eff. 7-12-19.)
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| 1 | | Section 25. The Illinois Public Aid Code is amended by | 2 | | changing Section 12-13.1 as follows:
| 3 | | (305 ILCS 5/12-13.1)
| 4 | | Sec. 12-13.1. Inspector General.
| 5 | | (a) The Governor shall appoint, and the Senate shall | 6 | | confirm, an Inspector
General who shall function within the | 7 | | Illinois Department of Public Aid (now Healthcare and Family | 8 | | Services) and
report to the Governor. The term of the | 9 | | Inspector General shall expire on the
third Monday of January, | 10 | | 1997 and every 4 years thereafter.
| 11 | | (b) In order to prevent, detect, and eliminate fraud, | 12 | | waste, abuse,
mismanagement, and misconduct, the Inspector | 13 | | General shall oversee the
Department of Healthcare and Family | 14 | | Services' and the Department on Aging's integrity
functions, | 15 | | which include, but are not limited to, the following:
| 16 | | (1) Investigation of misconduct by employees, vendors, | 17 | | contractors and
medical providers, except for allegations | 18 | | of violations of the State Officials and Employees Ethics | 19 | | Act which shall be referred to the Office of the | 20 | | Governor's Executive Inspector General for investigation.
| 21 | | (2) Prepayment and post-payment audits of medical | 22 | | providers related to ensuring that appropriate
payments | 23 | | are made for services rendered and to the prevention and | 24 | | recovery of overpayments.
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| 1 | | (3) Monitoring of quality assurance programs | 2 | | administered by the Department of Healthcare and Family
| 3 | | Services and the Community Care Program administered by | 4 | | the Department on Aging.
| 5 | | (4) Quality control measurements of the programs | 6 | | administered by the
Department of Healthcare and Family | 7 | | Services and the Community Care Program administered by | 8 | | the Department on Aging.
| 9 | | (5) Investigations of fraud or intentional program | 10 | | violations committed by
clients of the Department of | 11 | | Healthcare and Family Services and the Community Care | 12 | | Program administered by the Department on Aging.
| 13 | | (6) Actions initiated against contractors, vendors, or | 14 | | medical providers for any of
the following reasons:
| 15 | | (A) Violations of the medical assistance program | 16 | | and the Community Care Program administered by the | 17 | | Department on Aging.
| 18 | | (B) Sanctions against providers brought in | 19 | | conjunction with the
Department of Public Health or | 20 | | the Department of Human Services (as successor
to the | 21 | | Department of Mental Health and Developmental | 22 | | Disabilities).
| 23 | | (C) Recoveries of assessments against hospitals | 24 | | and long-term care
facilities.
| 25 | | (D) Sanctions mandated by the United States | 26 | | Department of Health and
Human Services against |
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| 1 | | medical providers.
| 2 | | (E) Violations of contracts related to any | 3 | | programs administered by the Department of Healthcare
| 4 | | and Family Services and the Community Care Program | 5 | | administered by the Department on Aging.
| 6 | | (7) Representation of the Department of Healthcare and | 7 | | Family Services at
hearings with the Illinois Department | 8 | | of Financial and Professional Regulation in actions
taken | 9 | | against professional licenses held by persons who are in | 10 | | violation of
orders for child support payments.
| 11 | | (b-5) At the request of the Secretary of Human Services, | 12 | | the Inspector
General shall, in relation to any function | 13 | | performed by the Department of Human
Services as successor to | 14 | | the Department of Public Aid, exercise one or more
of the | 15 | | powers provided under this Section as if those powers related | 16 | | to the
Department of Human Services; in such matters, the | 17 | | Inspector General shall
report his or her findings to the | 18 | | Secretary of Human Services.
| 19 | | (c) Notwithstanding, and in addition to, any other
| 20 | | provision of law, the Inspector General shall have access to | 21 | | all information, personnel
and facilities of the
Department of | 22 | | Healthcare and Family Services and the Department of
Human | 23 | | Services (as successor to the Department of Public Aid), their | 24 | | employees, vendors, contractors and medical providers and any | 25 | | federal,
State or local governmental agency that are necessary | 26 | | to perform the duties of
the Office as directly related to |
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| 1 | | public assistance programs administered by
those departments. | 2 | | No medical provider shall
be compelled, however, to provide | 3 | | individual medical records of patients who
are not clients of | 4 | | the programs administered by the Department of Healthcare and
| 5 | | Family Services. State and local
governmental agencies are | 6 | | authorized and directed to provide the requested
information, | 7 | | assistance or cooperation.
| 8 | | For purposes of enhanced program integrity functions and
| 9 | | oversight, and to the extent consistent with applicable
| 10 | | information and privacy, security, and disclosure laws, State
| 11 | | agencies and departments shall provide the Office of Inspector | 12 | | General access to confidential and other information and data, | 13 | | and the Inspector General is authorized to enter into | 14 | | agreements with appropriate federal agencies and departments | 15 | | to secure similar data. This includes, but is not limited to, | 16 | | information pertaining to: licensure; certification; earnings; | 17 | | immigration status; citizenship; wage reporting; unearned and | 18 | | earned income; pension income;
employment; supplemental | 19 | | security income; social security
numbers; National Provider | 20 | | Identifier (NPI) numbers; the
National Practitioner Data Bank | 21 | | (NPDB); program and agency
exclusions; taxpayer identification | 22 | | numbers; tax delinquency;
corporate information; and death | 23 | | records. | 24 | | The Inspector General shall enter into agreements with | 25 | | State agencies and departments, and is authorized to enter | 26 | | into agreements with federal agencies and departments, under |
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| 1 | | which such agencies and departments shall share data necessary | 2 | | for medical assistance program integrity functions and | 3 | | oversight. The Inspector General shall enter into agreements | 4 | | with State agencies and departments, and is authorized to | 5 | | enter into agreements with federal agencies and departments, | 6 | | under which such agencies shall share data necessary for | 7 | | recipient and vendor screening, review, and investigation, | 8 | | including but not limited to vendor payment and recipient | 9 | | eligibility verification. The Inspector General shall develop, | 10 | | in cooperation with other State and federal agencies and | 11 | | departments, and in compliance with applicable federal laws | 12 | | and regulations, appropriate and effective
methods to share | 13 | | such data. The Inspector General shall enter into agreements | 14 | | with State agencies and departments, and is authorized to | 15 | | enter into agreements with federal agencies and departments, | 16 | | including, but not limited to: the Secretary of State; the
| 17 | | Department of Revenue; the Department of Public Health; the
| 18 | | Department of Human Services; and the Department of Financial | 19 | | and Professional Regulation. | 20 | | The Inspector General shall have the authority to deny | 21 | | payment, prevent overpayments, and recover overpayments. | 22 | | The Inspector General shall have the authority to deny or
| 23 | | suspend payment to, and deny, terminate, or suspend the
| 24 | | eligibility of, any vendor who fails to grant the Inspector
| 25 | | General timely access to full and complete records, including | 26 | | records of recipients under the medical assistance program for |
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| 1 | | the most recent 6 years, in accordance with Section 140.28 of | 2 | | Title 89 of the Illinois Administrative Code, and other | 3 | | information for the purpose of audits, investigations, or | 4 | | other program integrity functions, after reasonable written | 5 | | request by the Inspector General. | 6 | | (d) The Inspector General shall serve as the
Department of | 7 | | Healthcare and Family Services'
primary liaison with law | 8 | | enforcement,
investigatory and prosecutorial agencies, | 9 | | including but not limited to the
following:
| 10 | | (1) The Department of State Police.
| 11 | | (2) The Federal Bureau of Investigation and other | 12 | | federal law enforcement
agencies.
| 13 | | (3) The various Inspectors General of federal agencies | 14 | | overseeing the
programs administered by the
Department of | 15 | | Healthcare and Family Services.
| 16 | | (4) The various Inspectors General of any other State | 17 | | agencies with
responsibilities for portions of programs | 18 | | primarily administered by the
Department of Healthcare and | 19 | | Family Services.
| 20 | | (5) The Offices of the several United States Attorneys | 21 | | in Illinois.
| 22 | | (6) The several State's Attorneys.
| 23 | | (7) The offices of the Centers for Medicare and | 24 | | Medicaid Services that administer the Medicare and | 25 | | Medicaid integrity programs. | 26 | | The Inspector General shall meet on a regular basis with |
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| 1 | | these entities to
share information regarding possible | 2 | | misconduct by any persons or entities
involved with the public | 3 | | aid programs administered by the Department
of Healthcare and | 4 | | Family Services.
| 5 | | Within 24 hours after determining that there is reasonable | 6 | | suspicion to believe that a criminal act may have been | 7 | | committed or that special expertise may be required in an | 8 | | investigation, the Inspector General shall notify the | 9 | | Department of State Police or other appropriate law | 10 | | enforcement authority, or ensure that such notification is | 11 | | made. The Department of State Police shall investigate any | 12 | | report from a facility licensed, certified, or operated by the | 13 | | Department of Healthcare and Family Services that indicates | 14 | | that a possible criminal act relating to bribery, the unlawful | 15 | | use or possession of a weapon, the bodily injury or immediate | 16 | | threat of bodily injury to another, a narcotics-related | 17 | | activity, a criminal sexual assault, or the death of another | 18 | | person has been committed by a facility employee. All | 19 | | investigations conducted by the Inspector General shall be | 20 | | conducted in a manner designed to ensure the preservation of | 21 | | evidence for possible use in a criminal prosecution. | 22 | | (e) All investigations conducted by the Inspector General | 23 | | shall be conducted
in a manner that ensures the preservation | 24 | | of evidence for use in criminal
prosecutions. If the Inspector | 25 | | General determines that a possible criminal act
relating to | 26 | | fraud in the provision or administration of the medical |
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| 1 | | assistance
program has been committed, the Inspector General | 2 | | shall immediately notify the
Medicaid Fraud Control Unit. If | 3 | | the Inspector General determines that a
possible criminal act | 4 | | has been committed within the jurisdiction of the Office,
the | 5 | | Inspector General may request the special expertise of the | 6 | | Department of
State Police. The Inspector General may present | 7 | | for prosecution the findings
of any criminal investigation to | 8 | | the Office of the Attorney General, the
Offices of the several | 9 | | United States Attorneys in Illinois or the several
State's | 10 | | Attorneys.
| 11 | | (f) To carry out his or her duties as described in this | 12 | | Section, the
Inspector General and his or her designees shall | 13 | | have the power to compel
by subpoena the attendance and | 14 | | testimony of witnesses and the production
of books, electronic | 15 | | records and papers as directly related to public
assistance | 16 | | programs administered by the Department of Healthcare and | 17 | | Family Services or
the Department of Human Services (as | 18 | | successor to the Department of Public
Aid). No medical | 19 | | provider shall be compelled, however, to provide individual
| 20 | | medical records of patients who are not clients of the Medical | 21 | | Assistance
Program.
| 22 | | (g) The Inspector General shall report all convictions, | 23 | | terminations, and
suspensions taken against vendors, | 24 | | contractors and medical providers to the
Department of | 25 | | Healthcare and Family Services and to any agency responsible | 26 | | for
licensing or regulating those persons or entities.
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| 1 | | (h) The Inspector General shall make annual
reports, | 2 | | findings, and recommendations regarding the Office's | 3 | | investigations
into reports of fraud, waste, abuse, | 4 | | mismanagement, or misconduct relating to
any programs | 5 | | administered by the Department
of Healthcare and Family | 6 | | Services or the Department of Human Services (as successor to | 7 | | the
Department of Public Aid) to the General Assembly and the | 8 | | Governor. These
reports shall include, but not be limited to, | 9 | | the following information:
| 10 | | (1) Aggregate provider billing and payment | 11 | | information, including the
number of providers at various | 12 | | Medicaid earning levels.
| 13 | | (2) The number of audits of the medical assistance
| 14 | | program and the dollar savings resulting from those | 15 | | audits.
| 16 | | (3) The number of prescriptions rejected annually | 17 | | under the
Department of Healthcare and Family Services' | 18 | | Refill Too Soon program and the
dollar savings resulting | 19 | | from that program.
| 20 | | (4) Provider sanctions, in the aggregate, including | 21 | | terminations and
suspensions.
| 22 | | (5) A detailed summary of the investigations | 23 | | undertaken in the previous
fiscal year. These summaries | 24 | | shall comply with all laws and rules regarding
maintaining | 25 | | confidentiality in the public aid programs.
| 26 | | (i) Nothing in this Section shall limit investigations by |
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| 1 | | the
Department of Healthcare and Family Services or the | 2 | | Department of Human Services that may
otherwise be required by | 3 | | law or that may be necessary in their capacity as the
central | 4 | | administrative authorities responsible for administration of | 5 | | their agency's
programs in this
State.
| 6 | | (j) The Inspector General may issue shields or other | 7 | | distinctive identification to his or her employees not | 8 | | exercising the powers of a peace officer if the Inspector | 9 | | General determines that a shield or distinctive identification | 10 | | is needed by an employee to carry out his or her | 11 | | responsibilities. | 12 | | (Source: P.A. 97-689, eff. 6-14-12; 98-8, eff. 5-3-13.)
| 13 | | Section 30. The Toll Highway Act is amended by changing | 14 | | Section 8.5 as follows: | 15 | | (605 ILCS 10/8.5) | 16 | | Sec. 8.5. Toll Highway Inspector General. | 17 | | (a) The Governor shall, with the advice and consent of the | 18 | | Senate by three-fifths of the elected members concurring by | 19 | | record vote, appoint a Toll Highway Inspector General for the | 20 | | purpose of detection, deterrence, and prevention of fraud, | 21 | | corruption, and mismanagement in the Authority. The Toll | 22 | | Highway Inspector General shall serve a 5-year term. If, | 23 | | during a recess of the Senate, there is a vacancy in the office | 24 | | of the Toll Highway Inspector General, the Governor shall make |
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| 1 | | a temporary appointment until the next meeting of the Senate | 2 | | when the Governor shall make a nomination to fill that office. | 3 | | No person rejected for the office of the Toll Highway | 4 | | Inspector General shall, except by the Senate's request, be | 5 | | nominated again for that office at the same session of the | 6 | | Senate or be appointed to that office during a recess of that | 7 | | Senate. The Governor may not appoint a relative, as defined by | 8 | | item (6) of Section 10-15 of the State Officials and Employees | 9 | | Ethics Act, as the Toll Highway Inspector General. The Toll | 10 | | Highway Inspector General may be removed only for cause and | 11 | | may be removed only by the Governor. | 12 | | (b) The Toll Highway Inspector General shall have the | 13 | | following qualifications: | 14 | | (1) has not been convicted of any felony under the | 15 | | laws of this State, another state, or the United States; | 16 | | (2) has earned a baccalaureate degree from an | 17 | | institution of higher education; and | 18 | | (3) has 5 or more years of cumulative service (i) with | 19 | | a federal, state, or local law enforcement agency, at | 20 | | least 2 years of which have been in a progressive | 21 | | investigatory capacity; (ii) as a federal, state, or local | 22 | | prosecutor; (iii) as a federal or state judge with a | 23 | | criminal docket; (iv) as a senior manager or executive of | 24 | | a federal, state, or local agency; or (v) representing any | 25 | | combination of (i) through (iv). | 26 | | (c) The term of the initial Toll Highway Inspector General |
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| 1 | | shall commence upon qualification and shall run through June | 2 | | 30, 2015. The initial appointments shall be made within 60 | 3 | | days after the effective date of this amendatory Act of the | 4 | | 96th General Assembly. After the initial term, each Toll | 5 | | Highway Inspector General shall serve for 5-year terms | 6 | | commencing on July 1 of the year of appointment and running | 7 | | through June 30 of the fifth following year. A Toll Highway | 8 | | Inspector General may be reappointed to one or more subsequent | 9 | | terms. A vacancy occurring other than at the end of a term | 10 | | shall be filled by the Governor only for the balance of the | 11 | | term of the Toll Highway Inspector General whose office is | 12 | | vacant. Terms shall run regardless of whether the position is | 13 | | filled. | 14 | | (d) The Toll Highway Inspector General shall have | 15 | | jurisdiction over the Authority and all board members, | 16 | | officers, and employees of, and vendors, subcontractors, and | 17 | | others doing business with the Authority. The jurisdiction of | 18 | | the Toll Highway Inspector General is to investigate | 19 | | allegations of fraud, waste, abuse, mismanagement, misconduct, | 20 | | nonfeasance, misfeasance, or malfeasance. Investigations may | 21 | | be based on complaints from any source, including anonymous | 22 | | sources, and may be self-initiated, without a complaint. An | 23 | | investigation may not be initiated more than five years after | 24 | | the most recent act of the alleged violation or of a series of | 25 | | alleged violations except where there is reasonable cause to | 26 | | believe that fraudulent concealment has occurred. To |
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| 1 | | constitute fraudulent concealment sufficient to toll this | 2 | | limitations period, there must be an affirmative act or | 3 | | representation calculated to prevent discovery of the fact | 4 | | that a violation has occurred. The authority to investigate | 5 | | alleged violations of the State Officials and Employees Ethics | 6 | | Act by officers, employees, vendors, subcontractors, and | 7 | | others doing business with the Authority shall remain with the | 8 | | Office of the Governor's Executive Inspector General. The Toll | 9 | | Highway Inspector General shall refer allegations of | 10 | | misconduct under the State Officials and Employees Ethics Act | 11 | | to the Office of the Governor's Executive Inspector General | 12 | | for investigation. Upon completion of its investigation into | 13 | | such allegations, the Office of the Governor's Executive | 14 | | Inspector General shall report the results to the Toll Highway | 15 | | Inspector General, and the results of the investigation shall | 16 | | remain subject to any applicable confidentiality provisions in | 17 | | the State Officials and Employees Ethics Act. Where an | 18 | | investigation into a target or targets is split between | 19 | | allegations of misconduct under the State Officials and | 20 | | Employees Ethics Act, investigated by the Office of the | 21 | | Governor's Executive Inspector General, and allegations that | 22 | | are not of misconduct under the State Officials and Employees | 23 | | Ethics Act, investigated by the Toll Highway Inspector | 24 | | General, the Toll Highway Inspector General shall take | 25 | | reasonable steps, including continued consultation with the | 26 | | Office of the Governor's Executive Inspector General, to |
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| 1 | | ensure that its investigation will not interfere with or | 2 | | disrupt any investigation by the Office of the Governor's | 3 | | Executive Inspector General or law enforcement authorities. In | 4 | | instances in which the Toll Highway Inspector General | 5 | | continues to investigate other allegations associated with | 6 | | allegations that have been referred to the Office of the | 7 | | Governor's Executive Inspector General pursuant to this | 8 | | subsection, the Toll Highway Inspector General shall report | 9 | | the results of its investigation to the Office of the | 10 | | Governor's Executive Inspector General. | 11 | | (e)(1) If the Toll Highway Inspector General, upon the | 12 | | conclusion of an investigation, determines that reasonable | 13 | | cause exists to believe that fraud, waste, abuse, | 14 | | mismanagement, misconduct, nonfeasance, misfeasance, or | 15 | | malfeasance has occurred, then the Toll Highway Inspector | 16 | | General shall issue a summary report of the investigation. The | 17 | | report shall be delivered to the appropriate authority | 18 | | pursuant to paragraph (3) of subsection (f) of this Section, | 19 | | which shall have 20 days to respond to the report. | 20 | | (2) The summary report of the investigation shall | 21 | | include the following: | 22 | | (A) a description of any allegations or other | 23 | | information received by the Toll Highway Inspector | 24 | | General pertinent to the investigation. | 25 | | (B) a description of any alleged misconduct | 26 | | discovered in the course of the investigation. |
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| 1 | | (C) recommendations for any corrective or | 2 | | disciplinary action to be taken in response to any | 3 | | alleged misconduct described in the report, including | 4 | | but not limited to discharge. | 5 | | (D) other information the Toll Highway Inspector | 6 | | General deems relevant to the investigation or | 7 | | resulting recommendations. | 8 | | (3) Within 60 days after issuance of a final summary | 9 | | report that resulted in a suspension of at least 3 days or | 10 | | termination of employment, the Toll Highway Inspector | 11 | | General shall make the report available to the public by | 12 | | presenting the report to the Board of the Authority and by | 13 | | posting to the Authority's public website. The Toll | 14 | | Highway Inspector General shall redact information in the | 15 | | summary report that may reveal the identity of witnesses, | 16 | | complainants, or informants or if the Toll Highway | 17 | | Inspector General determines it is appropriate to protect | 18 | | the identity of a person before the report is made public. | 19 | | The Toll Highway Inspector General may also redact any | 20 | | information that he or she believes should not be made | 21 | | public, taking into consideration the factors set forth in | 22 | | this subsection and paragraph (1) of subsection (k) of | 23 | | this Section and other factors deemed relevant by the Toll | 24 | | Highway Inspector General to protect the Authority and any | 25 | | investigations by the Toll Highway Inspector General, | 26 | | other inspector general offices or law enforcement |
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| 1 | | agencies. Prior to publication, the Toll Highway Inspector | 2 | | General shall permit the respondents and the appropriate | 3 | | authority pursuant to paragraph (3) of subsection (f) of | 4 | | this Section to review the report and the documents to be | 5 | | made public and offer suggestions for redaction or provide | 6 | | a response that shall be made public with the summary | 7 | | report, provided, however, that the Toll Highway Inspector | 8 | | General shall have the sole and final authority to decide | 9 | | what redactions should be made. The Toll Highway Inspector | 10 | | General may make available to the public any other summary | 11 | | report and any such responses or a redacted version of the | 12 | | report and responses. | 13 | | (4) When the Toll Highway Inspector General concludes | 14 | | that there is insufficient evidence that a violation has | 15 | | occurred, the Toll Highway Inspector General shall close | 16 | | the investigation. The Toll Highway Inspector General | 17 | | shall provide the appropriate authority pursuant to | 18 | | paragraph (3) of subsection (f) of this Section with a | 19 | | written statement of the Toll Highway Inspector General's | 20 | | decision to close the investigation. At the request of the | 21 | | subject of the investigation, the Toll Highway Inspector | 22 | | General shall provide a written statement to the subject | 23 | | of the investigation of the Toll Highway Inspector | 24 | | General's decision to close the investigation. Closure by | 25 | | the Toll Highway Inspector General does not bar the Toll | 26 | | Highway Inspector General from resuming the investigation |
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| 1 | | if circumstances warrant. | 2 | | (f) The Toll Highway Inspector General shall: | 3 | | (1) have access to all information and personnel | 4 | | necessary to perform the duties of the office. | 5 | | (2) have the power to subpoena witnesses and compel | 6 | | the production of books and papers pertinent to an | 7 | | investigation authorized by this Section. A subpoena may | 8 | | be issued under this subparagraph (2) only by the Toll | 9 | | Highway Inspector General and not by members of the Toll | 10 | | Highway Inspector General's staff. Any person subpoenaed | 11 | | by the Toll Highway Inspector General has the same rights, | 12 | | under Illinois law, as a person subpoenaed by a grand | 13 | | jury. The power to subpoena or to compel the production of | 14 | | books and papers, however, shall not extend to the person | 15 | | or documents of a labor organization or its | 16 | | representatives insofar as the person or documents of a | 17 | | labor organization relate to the function of representing | 18 | | an employee subject to investigation under this Section. | 19 | | Subject to a person's privilege against | 20 | | self-incrimination, any person who fails to appear in | 21 | | response to a subpoena, answer any question, or produce | 22 | | any books or papers pertinent to an investigation under | 23 | | this Section, except as otherwise provided in this | 24 | | Section, or who knowingly gives false testimony in | 25 | | relation to an investigation under this Section is guilty | 26 | | of a Class A misdemeanor. |
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| 1 | | (3) submit reports as required by this Section and | 2 | | applicable administrative rules. Final reports and | 3 | | recommendations shall be submitted to the Authority's | 4 | | Executive Director and the Board of Directors for | 5 | | investigations not involving the Board. Final reports and | 6 | | recommendations shall be submitted to the Chair of the | 7 | | Board and to the Governor for investigations of any Board | 8 | | member other than the Chair of the Board. Final reports | 9 | | and recommendations for investigations of the Chair of the | 10 | | Board shall be submitted to the Governor. | 11 | | (4) assist and coordinate with the ethics officer for | 12 | | the Authority. | 13 | | (5) participate in or conduct, when appropriate, | 14 | | multi-jurisdictional investigations provided the | 15 | | investigation involves the Authority in some way, | 16 | | including, but not limited to, joint investigations with | 17 | | the Office of the Governor's Executive Inspector General, | 18 | | or with State, local, or federal law enforcement | 19 | | authorities. | 20 | | (6) serve as the Authority's primary liaison with law | 21 | | enforcement, investigatory, and prosecutorial agencies | 22 | | and, in that capacity, the Toll Highway Inspector General | 23 | | may request any information or assistance that may be | 24 | | necessary for carrying out the duties and responsibilities | 25 | | provided by this Section from any local, state, or federal | 26 | | governmental agency or unit thereof. |
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| 1 | | (7) review hiring and employment files of the | 2 | | Authority to ensure compliance with Rutan v. Republican | 3 | | Party of Illinois, 497 U.S. 62 (1990), and with all | 4 | | applicable employment laws. | 5 | | (8) establish a policy that ensures the appropriate | 6 | | handling and correct recording of all investigations | 7 | | conducted by the Office, and ensures that the policy is | 8 | | accessible via the Internet in order that those seeking to | 9 | | report suspected wrongdoing are familiar with the process | 10 | | and that the subjects of those allegations are treated | 11 | | fairly. | 12 | | (9) receive and investigate complaints or information | 13 | | from an employee of the Authority concerning the possible | 14 | | existence of an activity constituting a violation of law, | 15 | | rules or regulations, mismanagement, abuse of authority, | 16 | | or substantial and specific danger to the public health | 17 | | and safety. Any employee of the Authority who knowingly | 18 | | files a false complaint or files a complaint with reckless | 19 | | disregard for the truth or falsity of the facts underlying | 20 | | the complaint may be subject to discipline. | 21 | | (10) review, coordinate, and recommend methods and | 22 | | procedures to increase the integrity of the Authority. | 23 | | (g) Within six months of appointment, the initial Toll | 24 | | Highway Inspector General shall propose rules, in accordance | 25 | | with the provisions of the Illinois Administrative Procedure | 26 | | Act, establishing minimum requirements for initiating, |
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| 1 | | conducting, and completing investigations. The rules must | 2 | | establish criteria for determining, based upon the nature of | 3 | | the allegation, the appropriate method of investigation, which | 4 | | may include, but is not limited to, site visits, telephone | 5 | | contacts, personal interviews, or requests for written | 6 | | responses. The rules must establish the process, contents, and | 7 | | timing for final reports and recommendations by the Toll | 8 | | Highway Inspector General and for a response and any remedial, | 9 | | disciplinary, or both action by an individual or individuals | 10 | | receiving the final reports and recommendations. The rules | 11 | | must also clarify how the Office of the Toll Highway Inspector | 12 | | General shall interact with other local, state, and federal | 13 | | law enforcement authorities and investigations. Such rules | 14 | | shall provide that investigations and inquiries by the Office | 15 | | of the Toll Highway Inspector General must be conducted in | 16 | | compliance with the provisions of any collective bargaining | 17 | | agreement that applies to the affected employees of the | 18 | | Authority and that any recommendation for discipline or other | 19 | | action against any employee by the Office of the Toll Highway | 20 | | Inspector General must comply with the provisions of any | 21 | | applicable collective bargaining agreement. | 22 | | (h) The Office of the Toll Highway Inspector General shall | 23 | | be an independent office of the Authority. Within its annual | 24 | | budget, the Authority shall provide a clearly delineated | 25 | | budget for the Office of the Toll Highway Inspector General. | 26 | | The budget of the Office of the Toll Highway Inspector General |
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| 1 | | shall be adequate to support an independent and effective | 2 | | office. Except with the consent of the Toll Highway Inspector | 3 | | General, the Authority shall not reduce the budget of the | 4 | | Office of the Toll Highway Inspector General by more than 10 | 5 | | percent (i) within any fiscal year or (ii) over the five-year | 6 | | term of each Toll Highway Inspector General. To the extent | 7 | | allowed by law and the Authority's policies, the Toll Highway | 8 | | Inspector General shall have sole responsibility for | 9 | | organizing the Office of the Toll Highway Inspector General | 10 | | within the budget established by the Toll Highway Board, | 11 | | including the recruitment, supervision, and discipline of the | 12 | | employees of that office. The Toll Highway Inspector General | 13 | | shall report directly to the Board of Directors of the | 14 | | Authority with respect to the prompt and efficient operation | 15 | | of the Office of the Tollway Highway Inspector General. | 16 | | (i)(1) No Toll Highway Inspector General or employee of | 17 | | the Office of the Toll Highway Inspector General may, during | 18 | | his or her term of appointment or employment: | 19 | | (A) become a candidate for any elective office; | 20 | | (B) hold any other elected or appointed public office | 21 | | except for appointments on governmental advisory boards or | 22 | | study commissions or as otherwise expressly authorized by | 23 | | law; | 24 | | (C) be actively involved in the affairs of any | 25 | | political party or political organization; or | 26 | | (D) advocate for the appointment of another person to |
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| 1 | | an appointed public office or elected office or position | 2 | | or actively participate in any campaign for any elective | 3 | | office. As used in this paragraph (1), "appointed public | 4 | | office" means a position authorized by law that is filled | 5 | | by an appointing authority as provided by law and does not | 6 | | include employment by hiring in the ordinary course of | 7 | | business. | 8 | | (2) No Toll Inspector General or employee of the Office of | 9 | | the Toll Highway Inspector General may, for one year after the | 10 | | termination of his or her appointment or employment: | 11 | | (A) become a candidate for any elective office; | 12 | | (B) hold any elected public office; or | 13 | | (C) hold any appointed State, county, or local | 14 | | judicial office. | 15 | | (3) The requirements of subparagraph (C) of paragraph (2) | 16 | | of this subsection may be waived by the Executive Ethics | 17 | | Commission. | 18 | | (j) All Board members, officers and employees of the | 19 | | Authority have a duty to cooperate with the Toll Highway | 20 | | Inspector General and employees of the Office of the Toll | 21 | | Highway Inspector General in any investigation undertaken | 22 | | pursuant to this Section. Failure to cooperate includes, but | 23 | | is not limited to, intentional omissions and knowing false | 24 | | statements. Failure to cooperate with an investigation | 25 | | pursuant to this Section is grounds for disciplinary action, | 26 | | including termination of employment. Nothing in this Section |
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| 1 | | limits or alters a person's existing rights or protections | 2 | | under State or federal law. | 3 | | (k)(1) The identity of any individual providing | 4 | | information or reporting any possible or alleged misconduct to | 5 | | the Toll Highway Inspector General shall be kept confidential | 6 | | and may not be disclosed without the consent of that | 7 | | individual, unless the individual consents to disclosure of | 8 | | his or her name or disclosure of the individual's identity is | 9 | | otherwise required by law. The confidentiality granted by this | 10 | | subsection does not preclude the disclosure of the identity of | 11 | | a person in any capacity other than as the source of an | 12 | | allegation. | 13 | | (2) Subject to the provisions of subsection (e) of this | 14 | | Section, the Toll Highway Inspector General, and employees and | 15 | | agents of the Office of the Toll Highway Inspector General, | 16 | | shall keep confidential and shall not disclose information | 17 | | exempted from disclosure under the Freedom of Information Act | 18 | | or by this Act. | 19 | | (l) If the Toll Highway Inspector General determines that | 20 | | any alleged misconduct involves any person not subject to the | 21 | | jurisdiction of the Toll Highway Inspector General, the Toll | 22 | | Highway Inspector General shall refer the reported allegations | 23 | | to the appropriate Inspector General, appropriate ethics | 24 | | commission or other appropriate body. If the Toll Highway | 25 | | Inspector General determines that any alleged misconduct may | 26 | | give rise to criminal penalties, the Toll Highway Inspector |
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| 1 | | General may refer the allegations regarding that misconduct to | 2 | | the appropriate law enforcement authority. If a Toll Highway | 3 | | Inspector General determines that any alleged misconduct | 4 | | resulted in the loss of public funds in an amount of $5,000 or | 5 | | greater, the Toll Highway Inspector General shall refer the | 6 | | allegations regarding that misconduct to the Attorney General | 7 | | and any other appropriate law enforcement authority. | 8 | | (l-5) Within 24 hours after
determining that there is | 9 | | reasonable suspicion to believe that a criminal act may have | 10 | | been committed or that special expertise may be required in an | 11 | | investigation, the Inspector General shall notify the | 12 | | Department of State Police or other appropriate law | 13 | | enforcement authority, or ensure that such notification is | 14 | | made. The Department of State Police shall investigate any | 15 | | report from the Toll Highway Inspector General that indicates | 16 | | that a possible criminal act relating to bribery, the unlawful | 17 | | use or possession of a weapon, the bodily injury or immediate | 18 | | threat of bodily injury to another, a narcotics-related | 19 | | activity, a criminal sexual assault, or the death of another | 20 | | person has been committed by any board member, officer, or | 21 | | employee of, or any vendor, subcontractor, or person doing | 22 | | business with the Authority. All investigations conducted by | 23 | | the Inspector General shall be conducted in a manner designed | 24 | | to ensure the preservation of evidence for possible use in a | 25 | | criminal prosecution. | 26 | | (m) The Toll Highway Inspector General shall provide to |
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| 1 | | the Governor, the Board of the Authority, and the General | 2 | | Assembly a summary of reports and investigations made under | 3 | | this Section no later than March 31 and September 30 of each | 4 | | year. The summaries shall detail the final disposition of the | 5 | | Inspector General's recommendations. The summaries shall not | 6 | | contain any confidential or identifying information concerning | 7 | | the subjects of the reports and investigations. The summaries | 8 | | shall also include detailed, recommended administrative | 9 | | actions and matters for consideration by the Governor, the | 10 | | Board of the Authority, and the General Assembly. | 11 | | (n) Any employee of the Authority subject to investigation | 12 | | or inquiry by the Toll Highway Inspector General or any agent | 13 | | or representative of the Toll Highway Inspector General | 14 | | concerning misconduct that is criminal in nature shall have | 15 | | the right to be notified of the right to remain silent during | 16 | | the investigation or inquiry and the right to be represented | 17 | | in the investigation or inquiry by an attorney or a | 18 | | representative of a labor organization that is the exclusive | 19 | | collective bargaining representative of employees of the | 20 | | Authority. Any investigation or inquiry by the Toll Highway | 21 | | Inspector General or any agent or representative of the Toll | 22 | | Highway Inspector General must be conducted in accordance with | 23 | | the rights of the employees as set forth in State and federal | 24 | | law and applicable judicial decisions. Any recommendations for | 25 | | discipline or any action taken against any employee by the | 26 | | Toll Highway Inspector General or any representative or agent |
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| 1 | | of the Toll Highway Inspector General must comply with the | 2 | | provisions of the collective bargaining agreement that applies | 3 | | to the employee. | 4 | | (o) Nothing in this Section shall diminish the rights, | 5 | | privileges, or remedies of a State employee under any other | 6 | | federal or State law, rule, or regulation or under any | 7 | | collective bargaining agreement.
| 8 | | (Source: P.A. 96-1347, eff. 1-1-11.)
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