94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4785

 

Introduced 1/18/2006, by Rep. James D. Brosnahan

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-3013   from Ch. 34, par. 3-3013
55 ILCS 5/3-3020   from Ch. 34, par. 3-3020
210 ILCS 28/85 rep.
210 ILCS 45/2-110   from Ch. 111 1/2, par. 4152-110
210 ILCS 45/2-201.5
210 ILCS 45/2-201.6 new
210 ILCS 45/2-208   from Ch. 111 1/2, par. 4152-208
210 ILCS 45/2-216
210 ILCS 45/3-202.3 rep.
210 ILCS 45/3-202.4 rep.
730 ILCS 110/12   from Ch. 38, par. 204-4

    Amends the Counties Code, the Abuse Prevention Review Team Act, the Nursing Home Care Act, and the Probation and Probation Officers Act. Provides that all deaths in licensed long-term care facilities and all deaths in hospitals in cases in which the deceased had been transferred to the hospital from a long-term care facility within the preceding 5 days must be reported to the coroner of the county in which the facility is located; requires that the coroner be notified immediately (instead of promptly) in the case of certain deaths. Repeals a provision repealing the Abuse Prevention Review Team Act on July 1, 2006. Requires a nursing home to request a criminal history background check on all residents; requires a nursing home to fax a resident's name and criminal history information to the Department of Public health if the resident is an identified offender. Requires the Department of Public Health to conduct an Identified Offender Risk Analysis with respect to a nursing home resident who is an identified offender. Authorizes the Director of Public Health to waive certain requirements concerning notice to nursing home residents, employees, and visitors that an identified offender is a resident of the nursing home. Makes other changes. Effective immediately.


LRB094 18853 DRJ 54282 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB4785 LRB094 18853 DRJ 54282 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Counties Code is amended by changing
5 Sections 3-3013 and 3-3020 as follows:
 
6     (55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)
7     Sec. 3-3013. Preliminary investigations; blood and urine
8 analysis; summoning jury. Every coroner, whenever, as soon as
9 he knows or is informed that the dead body of any person is
10 found, or lying within his county, whose death is suspected of
11 being:
12         (a) A sudden or violent death, whether apparently
13     suicidal, homicidal or accidental, including but not
14     limited to deaths apparently caused or contributed to by
15     thermal, traumatic, chemical, electrical or radiational
16     injury, or a complication of any of them, or by drowning or
17     suffocation, or as a result of domestic violence as defined
18     in the Illinois Domestic Violence Act of 1986;
19         (b) A maternal or fetal death due to abortion, or any
20     death due to a sex crime or a crime against nature;
21         (c) A death where the circumstances are suspicious,
22     obscure, mysterious or otherwise unexplained or where, in
23     the written opinion of the attending physician, the cause
24     of death is not determined;
25         (d) A death where addiction to alcohol or to any drug
26     may have been a contributory cause; or
27         (e) A death where the decedent was not attended by a
28     licensed physician;
29 shall go to the place where the dead body is, and take charge
30 of the same and shall make a preliminary investigation into the
31 circumstances of the death. In the case of death without
32 attendance by a licensed physician the body may be moved with

 

 

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1 the coroner's consent from the place of death to a mortuary in
2 the same county. Coroners in their discretion shall notify such
3 physician as is designated in accordance with Section 3-3014 to
4 attempt to ascertain the cause of death, either by autopsy or
5 otherwise.
6     In cases of accidental death involving a motor vehicle in
7 which the decedent was (1) the operator or a suspected operator
8 of a motor vehicle, or (2) a pedestrian 16 years of age or
9 older, the coroner shall require that a blood specimen of at
10 least 30 cc., and if medically possible a urine specimen of at
11 least 30 cc. or as much as possible up to 30 cc., be withdrawn
12 from the body of the decedent in a timely fashion after the
13 accident causing his death, by such physician as has been
14 designated in accordance with Section 3-3014, or by the coroner
15 or deputy coroner or a qualified person designated by such
16 physician, coroner, or deputy coroner. If the county does not
17 maintain laboratory facilities for making such analysis, the
18 blood and urine so drawn shall be sent to the Department of
19 State Police or any other accredited or State-certified
20 laboratory for analysis of the alcohol, carbon monoxide, and
21 dangerous or narcotic drug content of such blood and urine
22 specimens. Each specimen submitted shall be accompanied by
23 pertinent information concerning the decedent upon a form
24 prescribed by such laboratory. Any person drawing blood and
25 urine and any person making any examination of the blood and
26 urine under the terms of this Division shall be immune from all
27 liability, civil or criminal, that might otherwise be incurred
28 or imposed.
29     In all other cases coming within the jurisdiction of the
30 coroner and referred to in subparagraphs (a) through (e) above,
31 blood, and whenever possible, urine samples shall be analyzed
32 for the presence of alcohol and other drugs. When the coroner
33 suspects that drugs may have been involved in the death, either
34 directly or indirectly, a toxicological examination shall be
35 performed which may include analyses of blood, urine, bile,
36 gastric contents and other tissues. When the coroner suspects a

 

 

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1 death is due to toxic substances, other than drugs, the coroner
2 shall consult with the toxicologist prior to collection of
3 samples. Information submitted to the toxicologist shall
4 include information as to height, weight, age, sex and race of
5 the decedent as well as medical history, medications used by
6 and the manner of death of decedent.
7     Except in counties that have a jury commission, in cases of
8 apparent suicide, homicide, or accidental death or in other
9 cases, within the discretion of the coroner, the coroner shall
10 summon 8 persons of lawful age from those persons drawn for
11 petit jurors in the county. The summons shall command these
12 persons to present themselves personally at such a place and
13 time as the coroner shall determine, and may be in any form
14 which the coroner shall determine and may incorporate any
15 reasonable form of request for acknowledgement which the
16 coroner deems practical and provides a reliable proof of
17 service. The summons may be served by first class mail. From
18 the 8 persons so summoned, the coroner shall select 6 to serve
19 as the jury for the inquest. Inquests may be continued from
20 time to time, as the coroner may deem necessary. The 6 jurors
21 selected in a given case may view the body of the deceased. If
22 at any continuation of an inquest one or more of the original
23 jurors shall be unable to continue to serve, the coroner shall
24 fill the vacancy or vacancies. A juror serving pursuant to this
25 paragraph shall receive compensation from the county at the
26 same rate as the rate of compensation that is paid to petit or
27 grand jurors in the county. The coroner shall furnish to each
28 juror without fee at the time of his discharge a certificate of
29 the number of days in attendance at an inquest, and, upon being
30 presented with such certificate, the county treasurer shall pay
31 to the juror the sum provided for his services.
32     In counties which have a jury commission, in cases of
33 apparent suicide or homicide or of accidental death, the
34 coroner shall, and in other cases in his discretion may,
35 conduct an inquest. The jury commission shall provide at least
36 8 jurors to the coroner, from whom the coroner shall select any

 

 

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1 6 to serve as the jury for the inquest. Inquests may be
2 continued from time to time as the coroner may deem necessary.
3 The 6 jurors originally chosen in a given case may view the
4 body of the deceased. If at any continuation of an inquest one
5 or more of the 6 jurors originally chosen shall be unable to
6 continue to serve, the coroner shall fill the vacancy or
7 vacancies. At the coroner's discretion, additional jurors to
8 fill such vacancies shall be supplied by the jury commission. A
9 juror serving pursuant to this paragraph in such county shall
10 receive compensation from the county at the same rate as the
11 rate of compensation that is paid to petit or grand jurors in
12 the county.
13     In addition, in every case in which domestic violence is
14 determined to be a contributing factor in a death, the coroner
15 shall report the death to the Department of State Police.
16     All deaths in State institutions, all deaths in licensed
17 long-term care facilities, all deaths in hospitals in cases in
18 which the deceased had been transferred to the hospital from a
19 long-term care facility within the preceding 5 days, and all
20 deaths of wards of the State in private care facilities or in
21 programs funded by the Department of Human Services under its
22 powers relating to mental health and developmental
23 disabilities or alcoholism and substance abuse or funded by the
24 Department of Children and Family Services shall be reported to
25 the coroner of the county in which the facility is located. If
26 the coroner has reason to believe that an investigation is
27 needed to determine whether the death was caused by
28 maltreatment or negligent care of the ward of the State, the
29 coroner may conduct a preliminary investigation of the
30 circumstances of such death as in cases of death under
31 circumstances set forth in paragraphs (a) through (e) of this
32 Section.
33 (Source: P.A. 93-1005, eff. 1-1-05.)
 
34     (55 ILCS 5/3-3020)  (from Ch. 34, par. 3-3020)
35     Sec. 3-3020. Coroner to be notified; violation. Every law

 

 

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1 enforcement official, funeral director, ambulance attendant,
2 hospital director or administrator, long-term care facility
3 administrator or employee, or person having custody of the body
4 of a deceased person, where the death is one subject to
5 investigation under Section 3-3013, and any physician in
6 attendance upon such a decedent at the time of his death, shall
7 notify the coroner immediately promptly. Any such person
8 failing to so notify the coroner promptly shall be guilty of a
9 Class A misdemeanor, unless such person has reasonable cause to
10 believe that the coroner had already been so notified.
11 (Source: P.A. 86-962.)
 
12     (210 ILCS 28/85 rep.)
13     Section 10. The Abuse Prevention Review Team Act is amended
14 by repealing Section 85.
 
15     Section 15. The Nursing Home Care Act is amended by
16 changing Sections 2-110, 2-201.5, 2-208, and 2-216 and by
17 adding Section 2-201.6 as follows:
 
18     (210 ILCS 45/2-110)  (from Ch. 111 1/2, par. 4152-110)
19     Sec. 2-110. (a) Any employee or agent of a public agency,
20 any representative of a community legal services program or any
21 other member of the general public shall be permitted access at
22 reasonable hours to any individual resident of any facility,
23 but only if there is neither a commercial purpose nor effect to
24 such access and if the purpose is to do any of the following:
25         (1) Visit, talk with and make personal, social and
26     legal services available to all residents;
27         (2) Inform residents of their rights and entitlements
28     and their corresponding obligations, under federal and
29     State laws, by means of educational materials and
30     discussions in groups and with individual residents;
31         (3) Assist residents in asserting their legal rights
32     regarding claims for public assistance, medical assistance
33     and social security benefits, as well as in all other

 

 

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1     matters in which residents are aggrieved. Assistance may
2     include counseling and litigation; or
3         (4) Engage in other methods of asserting, advising and
4     representing residents so as to extend to them full
5     enjoyment of their rights.
6     (a-5) If a resident of a licensed facility is an identified
7 offender, any federal, State, or local law enforcement officer
8 or county probation officer shall be permitted reasonable
9 access to the individual resident to verify compliance with the
10 requirements of the Sex Offender Registration Act, to verify
11 compliance with the requirements of Public Act 94-163 and this
12 amendatory Act of the 94th General Assembly, or to verify
13 compliance with applicable terms of probation, parole, or
14 mandatory supervised release.
15     (b) All persons entering a facility under this Section
16 shall promptly notify appropriate facility personnel of their
17 presence. They shall, upon request, produce identification to
18 establish their identity. No such person shall enter the
19 immediate living area of any resident without first identifying
20 himself and then receiving permission from the resident to
21 enter. The rights of other residents present in the room shall
22 be respected. A resident may terminate at any time a visit by a
23 person having access to the resident's living area under this
24 Section.
25     (c) This Section shall not limit the power of the
26 Department or other public agency otherwise permitted or
27 required by law to enter and inspect a facility.
28     (d) Notwithstanding paragraph (a) of this Section, the
29 administrator of a facility may refuse access to the facility
30 to any person if the presence of that person in the facility
31 would be injurious to the health and safety of a resident or
32 would threaten the security of the property of a resident or
33 the facility, or if the person seeks access to the facility for
34 commercial purposes. Any person refused access to a facility
35 may within 10 days request a hearing under Section 3-703. In
36 that proceeding, the burden of proof as to the right of the

 

 

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1 facility to refuse access under this Section shall be on the
2 facility.
3 (Source: P.A. 94-163, eff. 7-11-05.)
 
4     (210 ILCS 45/2-201.5)
5     Sec. 2-201.5. Screening prior to admission.
6     (a) All persons age 18 or older seeking admission to a
7 nursing facility must be screened to determine the need for
8 nursing facility services prior to being admitted, regardless
9 of income, assets, or funding source. In addition, any person
10 who seeks to become eligible for medical assistance from the
11 Medical Assistance Program under the Illinois Public Aid Code
12 to pay for long term care services while residing in a facility
13 must be screened prior to receiving those benefits. Screening
14 for nursing facility services shall be administered through
15 procedures established by administrative rule. Screening may
16 be done by agencies other than the Department as established by
17 administrative rule. This Section applies on and after July 1,
18 1996.
19     (b) In addition to the screening required by subsection
20 (a), a facility shall, within 24 hours after admission, request
21 a criminal history background check pursuant to the Uniform
22 Conviction Information Act for all persons age 18 or older
23 seeking admission to the facility. The facility shall, within
24 60 days after the effective date of this amendatory Act of the
25 94th General Assembly, request a criminal history background
26 check pursuant to the Uniform Conviction Information Act for
27 all persons who are residents of the facility on the effective
28 date of this amendatory Act of the 94th General Assembly. The
29 facility shall review the results of the criminal history
30 background checks immediately upon receipt thereof.
31     (c) If the results of a resident's criminal history
32 background check reveal that the resident is an identified
33 offender as defined in Section 1-114.01, the facility shall
34 immediately fax the resident's name and criminal history
35 information to the Illinois Department of Public Health, which

 

 

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1 shall conduct an Identified Offender Risk Analysis pursuant to
2 Section 2-201.6. identified offenders who seek admission to a
3 licensed facility shall not be admitted unless the licensed
4 facility complies with the requirements of the Department's
5 administrative rules adopted pursuant to Section 3-202.3.
6 (Source: P.A. 94-163, eff. 7-11-05.)
 
7     (210 ILCS 45/2-201.6 new)
8     Sec. 2-201.6. Identified Offender Risk Analysis.
9     (a) The Department shall immediately commence an
10 Identified Offender Risk Analysis when it receives
11 information, through the criminal history background check
12 required pursuant to subsection (b) of Section 2-201.5 or
13 through any other means, that a resident of a facility is an
14 identified offender.
15     (b) The Department shall complete the Identified Offender
16 Risk Analysis within 10 days of receiving notice from the
17 facility under subsection (a).
18     (c) The Identified Offender Risk Analysis shall include,
19 but not be limited to, all of the following:
20         (1) Consultation with the identified offender's
21     assigned parole agent or probation officer, if applicable.
22         (2) Consultation with the convicting prosecutor's
23     office.
24         (3) A review of the statement of facts, police reports,
25     and victim impact statements, if available.
26         (4) Consideration of the entire criminal history of the
27     offender, including the date of the identified offender's
28     last conviction relative to the date of admission to a
29     long-term care facility.
30         (5) If the identified offender is a convicted or
31     registered sex offender, a review of any and all sex
32     offender evaluations conducted on that offender. If there
33     is no sex offender evaluation available, the Department
34     shall provide for a sex offender evaluation to be conducted
35     on the identified offender. All evaluations conducted on

 

 

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1     convicted or registered sex offenders under this Act shall
2     be conducted by sex offender evaluators approved by the Sex
3     Offender Management Board.
4     (d) The Department shall prepare an Identified Offender
5 Risk Analysis Report based on the analysis conducted pursuant
6 to subsection (c). The Report shall include a summary of the
7 Risk Analysis and shall detail whether and to what extent the
8 identified offender's criminal history necessitates the
9 implementation of security measures within the long-term care
10 facility. If the identified offender is a convicted or
11 registered sex offender or if the Department's Identified
12 Offender Risk Analysis reveals that the identified offender
13 poses a significant risk of harm to others within the facility,
14 the offender shall be required to have his or her own room
15 within the facility.
16     (e) The Identified Offender Risk Analysis Report shall
17 promptly be provided to the following:
18         (1) The long-term care facility within which the
19     identified offender resides.
20         (2) The Chief of Police of the municipality in which
21     the facility is located.
22         (3) The State of Illinois Long Term Care Ombudsman.
23     (f) The facility shall incorporate the Identified Offender
24 Risk Analysis Report into the identified offender's care plan
25 created pursuant to 42 CFR 483.20.
26     (g) If, based on the Identified Offender Risk Analysis
27 Report, a facility determines that it cannot manage the
28 offender safely within the facility, it shall immediately
29 contact the Illinois Department of Public Health for the
30 purpose of locating an alternative, appropriate facility
31 within Illinois.
 
32     (210 ILCS 45/2-208)  (from Ch. 111 1/2, par. 4152-208)
33     Sec. 2-208. A facility shall immediately notify the
34 resident's next of kin, representative and physician of the
35 resident's death or when the resident's death appears to be

 

 

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1 imminent. A facility shall notify the local coroner or medical
2 examiner immediately upon the death of any resident of the
3 facility prior to transferring the deceased resident to a
4 funeral home.
5 (Source: P.A. 81-223.)
 
6     (210 ILCS 45/2-216)
7     Sec. 2-216. Notification of identified offenders.
8     (a) If identified offenders are residents of the licensed
9 facility, the licensed facility shall notify every resident or
10 resident's guardian in writing that such offenders are
11 residents of the licensed facility. The licensed facility shall
12 also provide notice to its employees and to visitors to the
13 facility that identified offenders are residents.
14     (b) If the Director of Public Health determines, based on a
15 review of the Identified Offender Risk Analysis Report, that
16 the identified offender does not, because of his or her
17 criminal history, pose a risk to other facility residents, the
18 Director may issue a waiver of the notice requirements under
19 subsection (a). The Director may not grant a waiver if the
20 identified offender is a convicted or registered sex offender,
21 was convicted of the offenses set forth in 77 Ill. Adm. Code
22 955.270(e), or was convicted of any of the following offenses
23 under the Criminal Code of 1961: armed violence, ritualized
24 abuse of a child, felony aggravated assault, or felony domestic
25 battery.
26     All waivers granted under this subsection shall be in
27 writing with copies provided to the following:
28         (1) The administrator of the long-term care facility
29     within which the identified offender resides.
30         (2) The Chief of Police of the municipality in which
31     the facility is located.
32         (3) The State of Illinois Long Term Care Ombudsman.
33 (Source: P.A. 94-163, eff. 7-11-05.)
 
34     (210 ILCS 45/3-202.3 rep.)

 

 

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1     (210 ILCS 45/3-202.4 rep.)
2     Section 16. The Nursing Home Care Act is amended by
3 repealing Sections 3-202.3 and 3-202.4.
 
4     Section 20. The Probation and Probation Officers Act is
5 amended by changing Section 12 as follows:
 
6     (730 ILCS 110/12)  (from Ch. 38, par. 204-4)
7     Sec. 12. The duties of probation officers shall be:
8     (1) To investigate as required by Section 5-3-1 of the
9 "Unified Code of Corrections", approved July 26, 1972, as
10 amended, the case of any person to be placed on probation. Full
11 opportunity shall be afforded a probation officer to confer
12 with the person under investigation when such person is in
13 custody.
14     (2) To notify the court of any previous conviction for
15 crime or previous probation of any defendant invoking the
16 provisions of this Act.
17     (3) All reports and notifications required in this Act to
18 be made by probation officers shall be in writing and shall be
19 filed by the clerk in the respective cases.
20     (4) To preserve complete and accurate records of cases
21 investigated, including a description of the person
22 investigated, the action of the court with respect to his case
23 and his probation, the subsequent history of such person, if he
24 becomes a probationer, during the continuance of his probation,
25 which records shall be open to inspection by any judge or by
26 any probation officer pursuant to order of court, but shall not
27 be a public record, and its contents shall not be divulged
28 otherwise than as above provided, except upon order of court.
29     (5) To take charge of and watch over all persons placed on
30 probation under such regulations and for such terms as may be
31 prescribed by the court, and giving to each probationer full
32 instructions as to the terms of his release upon probation and
33 requiring from him such periodical reports as shall keep the
34 officer informed as to his conduct.

 

 

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1     (6) To develop and operate programs of reasonable public or
2 community service for any persons ordered by the court to
3 perform public or community service, providing, however, that
4 no probation officer or any employee of a probation office
5 acting in the course of his official duties shall be liable for
6 any tortious acts of any person performing public or community
7 service except for wilful misconduct or gross negligence on the
8 part of the probation officer or employee.
9     (7) When any person on probation removes from the county
10 where his offense was committed, it shall be the duty of the
11 officer under whose care he was placed to report the facts to
12 the probation officer in the county to which the probationer
13 has removed; and it shall thereupon become the duty of such
14 probation officer to take charge of and watch over said
15 probationer the same as if the case originated in that county;
16 and for that purpose he shall have the same power and authority
17 over said probationer as if he had been originally placed in
18 said officer's charge; and such officer shall be required to
19 report in writing every 6 months, or more frequently upon
20 request the results of his supervision to the probation officer
21 in whose charge the said probationer was originally placed by
22 the court.
23     (8) To authorize travel permits to individuals under their
24 supervision unless otherwise ordered by the court.
25     (9) To perform such other duties as are provided for in
26 this act or by rules of court and such incidental duties as may
27 be implied from those expressly required.
28     (10) To send written notification to a public housing
29 agency if a person on probation for a felony who is under the
30 supervision of the probation officer informs the probation
31 officer that he or she has resided, resides, or will reside at
32 an address that is a housing facility owned, managed, operated,
33 or leased by that public housing agency.
34     (11) If a person on probation for a felony offense who is
35 under the supervision of the probation officer becomes a
36 resident of a facility licensed or regulated by the Department

 

 

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1 of Public Health, the Illinois Department of Public Aid, or
2 Illinois Department of Human Services, the probation officer
3 shall within 3 days of the person becoming a resident, notify
4 the licensing or regulating Department and licensed or
5 regulated facility and shall provide the licensed or regulated
6 facility and licensing or regulating Department with copies of
7 the following:
8         (a) (blank) pre-sentence investigation reports or
9     social investigation reports;
10         (b) any applicable probation orders and corresponding
11     compliance plans;
12         (c) the name and contact information for the assigned
13     probation officer.
14 (Source: P.A. 94-163, eff. 7-11-05.)
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.