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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 

 
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    Section 5. The Nursing Home Care Act is amended  by changing 
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Sections 2-110 and 2-201.5 and  by adding Sections 2-216 and 
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3-202.3 as follows:
 



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    (210 ILCS 45/2-110)  (from Ch. 111 1/2, par. 4152-110)



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    Sec. 2-110. (a) Any employee or agent of a public agency, 
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any
representative of a community legal services program or any 
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other member
of the general public shall be permitted access at 
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reasonable hours to
any individual resident of any facility, 
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but only if there is neither a
commercial purpose nor
effect to 
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such access and if the purpose is to do any of the following:

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    (1) Visit, talk with and make personal, social and legal 
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services
available to all residents;

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    (2) Inform residents of their rights and entitlements and 
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their
corresponding obligations, under federal and State laws, 
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by means of
educational materials and discussions in groups and 
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with individual
residents;

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    (3) Assist residents in asserting their legal rights 
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regarding
claims for public assistance, medical assistance and 
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social security
benefits, as well as in all other matters in 
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which residents are
aggrieved.  Assistance may include 
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counseling and litigation; or

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    (4) Engage in other methods of asserting, advising and 
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representing
residents so as to extend to them full enjoyment 
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of their rights.
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    (a-5) If a resident of a licensed facility is a registered 
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sex offender or is serving a term of probation, parole, 
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mandatory supervised release, or any form of court-ordered 
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supervision, any federal, State, or local law enforcement 
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officer or county probation officer shall be permitted access 
 


 






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to the individual resident to verify compliance with the 
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requirements of the Sex Offender Registration Act or to verify 
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compliance with applicable terms of probation, parole, 
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mandatory supervised release, or court-ordered supervision.


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    (b) All persons entering a facility under this Section 
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shall
promptly notify appropriate facility personnel of their 
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presence.  They
shall, upon request, produce identification to 
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establish their identity.
No such person shall enter the 
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immediate living area of any resident
without first identifying 
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himself and then receiving permission from the
resident to 
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enter.  The rights of other residents present in the room
shall 
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be respected.  A resident may terminate at any time a visit by a

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person having access to the resident's living area under this 
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Section.

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    (c) This Section shall not limit the power of the 
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Department or
other public agency otherwise permitted or 
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required by law to enter and
inspect a facility.

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    (d) Notwithstanding paragraph (a) of this Section, the 
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administrator
of a facility may refuse access to the facility 
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to any person if the
presence of that person in the facility 
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would be injurious to the health
and safety of a resident or 
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would threaten the security of the property
of a resident or 
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the facility, or if the person seeks access to the
facility for 
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commercial purposes. Any person refused access to a
facility 
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may within 10 days request a hearing under Section 3-703. In

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that proceeding, the burden of proof as to the right of the 
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facility to
refuse access under this Section shall be on the 
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facility.

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(Source: P.A. 82-783.)

 



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    (210 ILCS 45/2-201.5)



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    Sec. 2-201.5. Screening prior to admission. 
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    (a) All persons age 18 or older seeking admission to a 
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nursing
facility must be screened to
determine the need for 
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nursing facility services prior to being admitted,
regardless 
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of income, assets, or funding source.  In addition, any person 
 


 






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who
seeks to become eligible for medical assistance from the 
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Medical Assistance
Program under the Illinois Public Aid Code 
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to pay for long term care services
while residing in a facility 
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must be screened prior to receiving those
benefits.  Screening 
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for nursing facility services shall be administered
through 
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procedures established by administrative rule.  Screening may 
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be done
by agencies other than the Department as established by 
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administrative rule.
This Section applies on and after July 1, 
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1996.
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    (b) In addition to the screening required by subsection 
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(a), registered sex offenders, or offenders serving terms of 
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probation, parole, mandatory supervised release, or any form of 
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court-ordered supervision, who seek admission to a licensed 
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facility shall not be admitted unless the licensed facility 
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complies with the requirements of the Department's 
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administrative rules adopted pursuant to Section 3-202.3.


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(Source: P.A. 91-467, eff. 1-1-00.)

 
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    (210 ILCS 45/2-216 new)

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    Sec. 2-216. Offenders as residents; notification of 
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residents and guardians. If registered sex offenders or 
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offenders serving terms of probation, parole, mandatory 
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supervised release, or any form of court-ordered supervision 
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are residents of the licensed facility, the licensed facility 
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shall notify every resident or resident's guardian in writing 
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that such offenders are residents of the licensed facility.
 
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    (210 ILCS 45/3-202.3  new)
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    Sec. 3-202.3. Rules; violent offenders, including but not 
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limited to registered sex offenders, as residents. No later 
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than 30 days after the effective date of this amendatory Act of 
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the 94th General Assembly, the Department shall file with the 
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Joint Committee on Administrative Rules, pursuant to the 
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Illinois Administrative Procedure Act, a proposed rule or a 
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proposed amendment to an existing rule regarding the provision 
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of services to violent offenders, including registered sex 
 


 






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offenders.  The proposed rule or proposed amendment to an 
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existing rule shall provide for, or include, the following:
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        (1) A process for the identification of violent 
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    offenders, including sex offenders.
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        (2) A required risk assessment of identified 
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    offenders.
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        (3) A requirement that a licensed facility be required, 
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    not less than twice per calendar year, to compare a list of 
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    its residents against the Illinois Department of 
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    Corrections and Illinois State Police sex offender 
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    registration databases.
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        (4) The care planning of identified offenders, which 
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    shall include, but not be limited to, a description of the 
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    security measures necessary to protect facility residents 
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    from the identified offender, including whether the 
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    identified offender should be segregated from other 
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    facility residents.
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        (5) The treatment of identified offenders.
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        (6) The discharge planning for identified offenders.
 
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    Section 10. The Unified Code of Corrections is amended  by 
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changing Section 3-14-1 as follows:
 



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    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)



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    Sec. 3-14-1. Release from the Institution. 

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    (a) Upon release of a person on parole, mandatory release, 
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final
discharge or pardon the Department shall return all 
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property held for
him, provide him with suitable clothing and 
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procure necessary
transportation for him to his designated 
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place of residence and
employment. It may provide such person 
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with a grant of money for travel and
expenses which may be paid 
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in installments. The amount of the money grant
shall be 
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determined by the Department.

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    The Department of Corrections may establish and maintain, 
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in any institution
it administers, revolving funds to be known 
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as "Travel and Allowances Revolving
Funds".  These revolving 
 


 






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funds shall be used for advancing travel and expense
allowances 
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to committed, paroled, and discharged prisoners.  The moneys

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paid into such revolving funds shall be from appropriations to 
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the Department
for Committed, Paroled, and Discharged 
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Prisoners.

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    (b) (Blank).

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    (c) Except as otherwise provided in this Code, the 
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Department shall
establish procedures to provide written 
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notification of any release of any
person who has been 
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convicted of a felony to the State's Attorney
and sheriff of 
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the county from which the offender was committed, and the

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State's Attorney and sheriff of the county into which the 
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offender is to be
paroled or released.  Except as otherwise 
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provided in this Code, the
Department shall establish 
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procedures to provide written notification to
the proper law 
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enforcement agency for any municipality of any release of any

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person who has been convicted of a felony if the arrest of the 
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offender or the
commission of the offense took place in the 
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municipality, if the offender is to
be paroled or released into 
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the municipality, or if the offender resided in the

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municipality at the time of the commission of the offense. If a 
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person
convicted of a felony who is in the custody of the 
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Department of Corrections or
on parole or mandatory supervised 
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release informs the Department that he or she
has resided, 
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resides, or will
reside at an address that is a housing 
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facility owned, managed,
operated, or leased by a public 
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housing agency, the Department must send
written notification 
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of that information to the public housing agency that
owns, 
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manages, operates, or leases the housing facility.  The written

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notification shall, when possible, be given at least 14 days 
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before release of
the person from custody, or as soon 
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thereafter as possible.

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    (c-1) (Blank).
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    (c-5) If a person who is in the custody of the Department 
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of Corrections or on parole or mandatory supervised release 
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informs the Department, or if the Department becomes aware 
 


 






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during the person's term of parole, mandatory supervised 
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release, or court-ordered supervision, that he or she intends 
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to reside in or has become a resident at a facility licensed by 
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the Illinois Department of Public Health, the Illinois 
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Department on Aging, or the Illinois Department of Human 
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Services, the Department of Corrections shall provide copies of 
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the following information to the licensing Department within 3 
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days after the person's release, placement, or notification of 
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residence:
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        (1) All information from the committing court.
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        (2) The social evaluation prepared pursuant to Section 
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    3-8-2.
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        (3) Any pre-release evaluation conducted pursuant to 
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    subsection (j) of Section 3-6-2.
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        (4) Reports of disciplinary infractions and 
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    dispositions.
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        (5) Any parole plan, including orders issued by the 
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    Prisoner Review Board, and any violation reports and 
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    dispositions.
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    (c-10) If a person who is in the custody of the Department 
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of Corrections or on parole or mandatory supervised release 
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informs the Department, or if the Department becomes aware 
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during the person's term of parole, mandatory supervised 
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release, or court-ordered supervision, that he or she intends 
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to reside in or has become a resident at a facility licensed by 
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the Illinois Department of Public Health, the Illinois 
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Department on Aging, or the Illinois Department of Human 
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Services, the Department of Corrections shall provide written 
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notification, within 3 days after the person's release, 
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placement, or notification, to the following:
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        (1) The Prisoner Review Board.
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        (2) The
chief of police and sheriff in the municipality 
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    and county in which the licensed facility is located.


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    (d) Upon the release of a committed person on parole, 
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mandatory
supervised release, final discharge or pardon, the 
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Department shall provide
such person with information 
 


 






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concerning programs and services of the
Illinois Department of 
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Public Health to ascertain whether such person has
been exposed 
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to the human immunodeficiency virus (HIV) or any identified

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causative agent of Acquired Immunodeficiency Syndrome (AIDS).

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    (e) Upon the release of a committed person on parole, 
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mandatory supervised
release, final discharge, or pardon, the 
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Department shall provide the person
who has met the criteria 
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established by the Department with an identification
card 
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identifying the
person as being on parole, mandatory supervised 
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release, final discharge, or
pardon, as the case may be.  The 
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Department, in consultation with the Office of
the Secretary of 
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State, shall prescribe the form of the identification card,

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which may be similar to the form of the standard Illinois 
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Identification Card.
The Department shall inform the committed 
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person that he or she may present the
identification card to 
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the Office of the Secretary of State upon application
for a 
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standard Illinois Identification Card in accordance with the 
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Illinois
Identification Card Act.  The Department shall require 
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the committed person to
pay a $1 fee for the identification 
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card.

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    For purposes of a committed person
receiving an 
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identification card issued by the Department under this

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subsection, the Department shall establish criteria that the

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committed person must meet before the card is issued.
It is the 
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sole responsibility of the
committed person requesting the 
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identification card issued by the Department to
meet the 
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established criteria.
The person's failure to
meet the criteria 
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is sufficient reason to deny the committed person the

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identification card.  An identification card issued by the 
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Department under
this subsection shall be valid for a period of 
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time not to exceed 30 calendar
days from the date the card is 
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issued.
The Department shall not be held civilly or
criminally 
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liable to anyone because of any act of any person utilizing a 
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card
issued by the Department under this subsection.

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    The Department shall adopt
rules governing the issuance of 
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identification cards to committed persons being
released on 
 


 






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parole, mandatory supervised release, final
discharge, or 
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pardon.

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(Source: P.A. 91-506, eff. 8-13-99; 91-695, eff. 4-13-00; 
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92-240, eff. 1-1-02.)


 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.