Illinois General Assembly - Full Text of HB2062
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Full Text of HB2062  94th General Assembly



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1     AN ACT concerning criminal law.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Nursing Home Care Act is amended by changing
5 Sections 2-110 and 2-201.5 and by adding Sections 1-114.01,
6 2-216, 3-202.3, and 3-202.4 as follows:
7     (210 ILCS 45/1-114.01 new)
8     Sec. 1-114.01. Identified offender. "Identified offender"
9 means a person who has been convicted of any felony offense
10 listed in Section 25 of the Health Care Worker Background Check
11 Act, is a registered sex offender, or is serving a term of
12 parole, mandatory supervised release, or probation for a felony
13 offense.
14     (210 ILCS 45/2-110)  (from Ch. 111 1/2, par. 4152-110)
15     Sec. 2-110. (a) Any employee or agent of a public agency,
16 any representative of a community legal services program or any
17 other member of the general public shall be permitted access at
18 reasonable hours to any individual resident of any facility,
19 but only if there is neither a commercial purpose nor effect to
20 such access and if the purpose is to do any of the following:
21     (1) Visit, talk with and make personal, social and legal
22 services available to all residents;
23     (2) Inform residents of their rights and entitlements and
24 their corresponding obligations, under federal and State laws,
25 by means of educational materials and discussions in groups and
26 with individual residents;
27     (3) Assist residents in asserting their legal rights
28 regarding claims for public assistance, medical assistance and
29 social security benefits, as well as in all other matters in
30 which residents are aggrieved. Assistance may include
31 counseling and litigation; or



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1     (4) Engage in other methods of asserting, advising and
2 representing residents so as to extend to them full enjoyment
3 of their rights.
4     (a-5) If a resident of a licensed facility is an identified
5 offender, any federal, State, or local law enforcement officer
6 or county probation officer shall be permitted reasonable
7 access to the individual resident to verify compliance with the
8 requirements of the Sex Offender Registration Act or to verify
9 compliance with applicable terms of probation, parole, or
10 mandatory supervised release.
11     (b) All persons entering a facility under this Section
12 shall promptly notify appropriate facility personnel of their
13 presence. They shall, upon request, produce identification to
14 establish their identity. No such person shall enter the
15 immediate living area of any resident without first identifying
16 himself and then receiving permission from the resident to
17 enter. The rights of other residents present in the room shall
18 be respected. A resident may terminate at any time a visit by a
19 person having access to the resident's living area under this
20 Section.
21     (c) This Section shall not limit the power of the
22 Department or other public agency otherwise permitted or
23 required by law to enter and inspect a facility.
24     (d) Notwithstanding paragraph (a) of this Section, the
25 administrator of a facility may refuse access to the facility
26 to any person if the presence of that person in the facility
27 would be injurious to the health and safety of a resident or
28 would threaten the security of the property of a resident or
29 the facility, or if the person seeks access to the facility for
30 commercial purposes. Any person refused access to a facility
31 may within 10 days request a hearing under Section 3-703. In
32 that proceeding, the burden of proof as to the right of the
33 facility to refuse access under this Section shall be on the
34 facility.
35 (Source: P.A. 82-783.)



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1     (210 ILCS 45/2-201.5)
2     Sec. 2-201.5. Screening prior to admission.
3     (a) All persons age 18 or older seeking admission to a
4 nursing facility must be screened to determine the need for
5 nursing facility services prior to being admitted, regardless
6 of income, assets, or funding source. In addition, any person
7 who seeks to become eligible for medical assistance from the
8 Medical Assistance Program under the Illinois Public Aid Code
9 to pay for long term care services while residing in a facility
10 must be screened prior to receiving those benefits. Screening
11 for nursing facility services shall be administered through
12 procedures established by administrative rule. Screening may
13 be done by agencies other than the Department as established by
14 administrative rule. This Section applies on and after July 1,
15 1996.
16     (b) In addition to the screening required by subsection
17 (a), identified offenders who seek admission to a licensed
18 facility shall not be admitted unless the licensed facility
19 complies with the requirements of the Department's
20 administrative rules adopted pursuant to Section 3-202.3.
21 (Source: P.A. 91-467, eff. 1-1-00.)
22     (210 ILCS 45/2-216 new)
23     Sec. 2-216. Notification of identified offenders. If
24 identified offenders are residents of the licensed facility,
25 the licensed facility shall notify every resident or resident's
26 guardian in writing that such offenders are residents of the
27 licensed facility. The licensed facility shall also provide
28 notice to its employees and to visitors to the facility that
29 identified offenders are residents.
30     (210 ILCS 45/3-202.3 new)
31     Sec. 3-202.3. Identified offenders as residents. No later
32 than 30 days after the effective date of this amendatory Act of
33 the 94th General Assembly, the Department shall file with the
34 Illinois Secretary of State's Office, pursuant to the Illinois



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1 Administrative Procedure Act, emergency rules regarding the
2 provision of services to identified offenders. The emergency
3 rules shall provide for, or include, but not be limited to the
4 following:
5         (1) A process for the identification of identified
6     offenders.
7         (2) A required risk assessment of identified
8     offenders.
9         (3) A requirement that a licensed facility be required,
10     within 10 days of the filing of the emergency rules, to
11     compare its residents against the Illinois Department of
12     Corrections and Illinois State Police registered sex
13     offender databases.
14         (4) A requirement that the licensed facility notify the
15     Department within 48 hours of determining that a resident
16     or residents of the licensed facility are listed on the
17     Illinois Department of Corrections or Illinois State
18     Police registered sex offender databases.
19         (5) The care planning of identified offenders, which
20     shall include, but not be limited to, a description of the
21     security measures necessary to protect facility residents
22     from the identified offender, including whether the
23     identified offender should be segregated from other
24     facility residents.
25         (6) For offenders serving terms of probation for felony
26     offenses, parole, or mandatory supervised release, the
27     facility shall acknowledge the terms of release as imposed
28     by the court or Illinois Prisoner Review Board.
29         (7) The discharge planning for identified offenders.
30     (210 ILCS 45/3-202.4 new)
31     Sec. 3-202.4. Feasibility of segregating identified
32 offenders. The Department shall determine the feasibility of
33 requiring identified offenders that seek admission to a
34 licensed facility to be segregated from other residents. The
35 Department shall report its findings to the General Assembly



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1 and the Office of the Governor not later than 6 months after
2 the effective date of this amendatory Act of the 94th General
3 Assembly.
4     Section 10. The Unified Code of Corrections is amended by
5 changing Section 3-14-1 as follows:
6     (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
7     Sec. 3-14-1. Release from the Institution.
8     (a) Upon release of a person on parole, mandatory release,
9 final discharge or pardon the Department shall return all
10 property held for him, provide him with suitable clothing and
11 procure necessary transportation for him to his designated
12 place of residence and employment. It may provide such person
13 with a grant of money for travel and expenses which may be paid
14 in installments. The amount of the money grant shall be
15 determined by the Department.
16     The Department of Corrections may establish and maintain,
17 in any institution it administers, revolving funds to be known
18 as "Travel and Allowances Revolving Funds". These revolving
19 funds shall be used for advancing travel and expense allowances
20 to committed, paroled, and discharged prisoners. The moneys
21 paid into such revolving funds shall be from appropriations to
22 the Department for Committed, Paroled, and Discharged
23 Prisoners.
24     (b) (Blank).
25     (c) Except as otherwise provided in this Code, the
26 Department shall establish procedures to provide written
27 notification of any release of any person who has been
28 convicted of a felony to the State's Attorney and sheriff of
29 the county from which the offender was committed, and the
30 State's Attorney and sheriff of the county into which the
31 offender is to be paroled or released. Except as otherwise
32 provided in this Code, the Department shall establish
33 procedures to provide written notification to the proper law
34 enforcement agency for any municipality of any release of any



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1 person who has been convicted of a felony if the arrest of the
2 offender or the commission of the offense took place in the
3 municipality, if the offender is to be paroled or released into
4 the municipality, or if the offender resided in the
5 municipality at the time of the commission of the offense. If a
6 person convicted of a felony who is in the custody of the
7 Department of Corrections or on parole or mandatory supervised
8 release informs the Department that he or she has resided,
9 resides, or will reside at an address that is a housing
10 facility owned, managed, operated, or leased by a public
11 housing agency, the Department must send written notification
12 of that information to the public housing agency that owns,
13 manages, operates, or leases the housing facility. The written
14 notification shall, when possible, be given at least 14 days
15 before release of the person from custody, or as soon
16 thereafter as possible.
17     (c-1) (Blank).
18     (c-5) If a person on parole or mandatory supervised release
19 becomes a resident of a facility licensed or regulated by the
20 Department of Public Health, the Illinois Department of Public
21 Aid, or the Illinois Department of Human Services, the
22 Department of Corrections shall provide copies of the following
23 information to the appropriate licensing or regulating
24 Department and the licensed or regulated facility where the
25 person becomes a resident:
26         (1) The mittimus and any pre-sentence investigation
27     reports.
28         (2) The social evaluation prepared pursuant to Section
29     3-8-2.
30         (3) Any pre-release evaluation conducted pursuant to
31     subsection (j) of Section 3-6-2.
32         (4) Reports of disciplinary infractions and
33     dispositions.
34         (5) Any parole plan, including orders issued by the
35     Prisoner Review Board, and any violation reports and
36     dispositions.



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1         (6) The name and contact information for the assigned
2     parole agent and parole supervisor.
3     This information shall be provided within 3 days of the
4 person becoming a resident of the facility.
5     (c-10) If a person on parole or mandatory supervised
6 release becomes a resident of a facility licensed or regulated
7 by the Department of Public Health, the Illinois Department of
8 Public Aid, or the Illinois Department of Human Services, the
9 Department of Corrections shall provide written notification
10 of such residence to the following:
11         (1) The Prisoner Review Board.
12         (2) The chief of police and sheriff in the municipality
13     and county in which the licensed facility is located.
14     The notification shall be provided within 3 days of the
15 person becoming a resident of the facility.
16     (d) Upon the release of a committed person on parole,
17 mandatory supervised release, final discharge or pardon, the
18 Department shall provide such person with information
19 concerning programs and services of the Illinois Department of
20 Public Health to ascertain whether such person has been exposed
21 to the human immunodeficiency virus (HIV) or any identified
22 causative agent of Acquired Immunodeficiency Syndrome (AIDS).
23     (e) Upon the release of a committed person on parole,
24 mandatory supervised release, final discharge, or pardon, the
25 Department shall provide the person who has met the criteria
26 established by the Department with an identification card
27 identifying the person as being on parole, mandatory supervised
28 release, final discharge, or pardon, as the case may be. The
29 Department, in consultation with the Office of the Secretary of
30 State, shall prescribe the form of the identification card,
31 which may be similar to the form of the standard Illinois
32 Identification Card. The Department shall inform the committed
33 person that he or she may present the identification card to
34 the Office of the Secretary of State upon application for a
35 standard Illinois Identification Card in accordance with the
36 Illinois Identification Card Act. The Department shall require



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1 the committed person to pay a $1 fee for the identification
2 card.
3     For purposes of a committed person receiving an
4 identification card issued by the Department under this
5 subsection, the Department shall establish criteria that the
6 committed person must meet before the card is issued. It is the
7 sole responsibility of the committed person requesting the
8 identification card issued by the Department to meet the
9 established criteria. The person's failure to meet the criteria
10 is sufficient reason to deny the committed person the
11 identification card. An identification card issued by the
12 Department under this subsection shall be valid for a period of
13 time not to exceed 30 calendar days from the date the card is
14 issued. The Department shall not be held civilly or criminally
15 liable to anyone because of any act of any person utilizing a
16 card issued by the Department under this subsection.
17     The Department shall adopt rules governing the issuance of
18 identification cards to committed persons being released on
19 parole, mandatory supervised release, final discharge, or
20 pardon.
21 (Source: P.A. 91-506, eff. 8-13-99; 91-695, eff. 4-13-00;
22 92-240, eff. 1-1-02.)
23     Section 15. The Probation and Probation Officers Act is
24 amended by changing Section 12 as follows:
25     (730 ILCS 110/12)  (from Ch. 38, par. 204-4)
26     Sec. 12. The duties of probation officers shall be:
27     (1) To investigate as required by Section 5-3-1 of the
28 "Unified Code of Corrections", approved July 26, 1972, as
29 amended, the case of any person to be placed on probation. Full
30 opportunity shall be afforded a probation officer to confer
31 with the person under investigation when such person is in
32 custody.
33     (2) To notify the court of any previous conviction for
34 crime or previous probation of any defendant invoking the



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1 provisions of this Act.
2     (3) All reports and notifications required in this Act to
3 be made by probation officers shall be in writing and shall be
4 filed by the clerk in the respective cases.
5     (4) To preserve complete and accurate records of cases
6 investigated, including a description of the person
7 investigated, the action of the court with respect to his case
8 and his probation, the subsequent history of such person, if he
9 becomes a probationer, during the continuance of his probation,
10 which records shall be open to inspection by any judge or by
11 any probation officer pursuant to order of court, but shall not
12 be a public record, and its contents shall not be divulged
13 otherwise than as above provided, except upon order of court.
14     (5) To take charge of and watch over all persons placed on
15 probation under such regulations and for such terms as may be
16 prescribed by the court, and giving to each probationer full
17 instructions as to the terms of his release upon probation and
18 requiring from him such periodical reports as shall keep the
19 officer informed as to his conduct.
20     (6) To develop and operate programs of reasonable public or
21 community service for any persons ordered by the court to
22 perform public or community service, providing, however, that
23 no probation officer or any employee of a probation office
24 acting in the course of his official duties shall be liable for
25 any tortious acts of any person performing public or community
26 service except for wilful misconduct or gross negligence on the
27 part of the probation officer or employee.
28     (7) When any person on probation removes from the county
29 where his offense was committed, it shall be the duty of the
30 officer under whose care he was placed to report the facts to
31 the probation officer in the county to which the probationer
32 has removed; and it shall thereupon become the duty of such
33 probation officer to take charge of and watch over said
34 probationer the same as if the case originated in that county;
35 and for that purpose he shall have the same power and authority
36 over said probationer as if he had been originally placed in



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1 said officer's charge; and such officer shall be required to
2 report in writing every 6 months, or more frequently upon
3 request the results of his supervision to the probation officer
4 in whose charge the said probationer was originally placed by
5 the court.
6     (8) To authorize travel permits to individuals under their
7 supervision unless otherwise ordered by the court.
8     (9) To perform such other duties as are provided for in
9 this act or by rules of court and such incidental duties as may
10 be implied from those expressly required.
11     (10) To send written notification to a public housing
12 agency if a person on probation for a felony who is under the
13 supervision of the probation officer informs the probation
14 officer that he or she has resided, resides, or will reside at
15 an address that is a housing facility owned, managed, operated,
16 or leased by that public housing agency.
17     (11) If a person on probation for a felony offense who is
18 under the supervision of the probation officer becomes a
19 resident of a facility licensed or regulated by the Department
20 of Public Health, the Illinois Department of Public Aid, or
21 Illinois Department of Human Services, the probation officer
22 shall within 3 days of the person becoming a resident, notify
23 the licensing or regulating Department and licensed or
24 regulated facility and shall provide the licensed or regulated
25 facility and licensing or regulating Department with copies of
26 the following:
27         (a) pre-sentence investigation reports or social
28     investigation reports;
29         (b) any applicable probation orders and corresponding
30     compliance plans;
31         (c) the name and contact information for the assigned
32     probation officer.
33 (Source: P.A. 91-506, eff. 8-13-99.)
34     Section 99. Effective date. This Act takes effect upon
35 becoming law.