Public Act 100-1075
 
SB3075 EnrolledLRB100 19643 RLC 34916 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Children and Family Services Act is amended  
by adding Section 41 as follows:
 
    (20 ILCS 505/41 new)
    Sec. 41. Department of Children and Family Services to 
submit quarterly reports to the General Assembly. 
    (a) The Department of Children and Family Services shall, 
by January 1, April 1, July 1, and October 1 of each year, 
electronically transmit to the General Assembly, a report that 
shall include the following information reflecting the period 
ending 15 days prior to the submission of the electronic 
report:
        (1) the number of  assaults on or threats against 
    employees in the line of duty by service region;
        (2) the number of employee injuries resulting from 
    assaults in the line of duty; and
        (3) descriptions of the nature of each injury, the 
    number of  injuries requiring medical treatment, and the 
    number of days off work per injury.
    (b) The requirements in subsection (a) do not relieve the 
Department from the recordkeeping requirements of the 
Occupational Safety and Health Act.
    (c) The Department shall:
        (1)  establish a reasonable procedure for employees to 
    report work-related assaults and injuries. A procedure is 
    not reasonable if it would deter or discourage a reasonable 
    employee from accurately reporting a workplace assault or 
    injury;
        (2) inform each employee:
            (A)  of the procedure for reporting work-related 
        assaults and injuries;
            (B)  of the right to report work-related assaults 
        and injuries; and
            (C)  that the Department is prohibited from 
        discharging or in any manner discriminating against 
        employees for reporting work-related assaults and 
        injuries; and
        (3) not discharge, discipline, or in any manner 
    discriminate against any employee for reporting a 
    work-related assault or injury.
 
    Section 10. The Mental Health and Developmental 
Disabilities Administrative Act is amended  by changing Section 
4 as follows:
 
    (20 ILCS 1705/4)  (from Ch. 91 1/2, par. 100-4)


    Sec. 4. Supervision of facilities and services; quarterly 
reports.

    (a) To exercise executive and administrative supervision 
over
all facilities, divisions, programs and services now 
existing or
hereafter acquired or created under the 
jurisdiction of the Department,
including, but not limited to, 
the following:


        The Alton Mental Health Center, at Alton


        The Clyde L. Choate Mental Health and Developmental 
    Center, at Anna


        The Chester Mental Health Center, at Chester


        The Chicago-Read Mental Health Center, at Chicago


        The Elgin Mental Health Center, at Elgin


        The Metropolitan Children and Adolescents Center, at 
    Chicago


        The Jacksonville Developmental Center, at Jacksonville


        The Governor Samuel H. Shapiro Developmental Center, 
    at Kankakee


        The Tinley Park Mental Health Center, at Tinley Park


        The Warren G.  Murray Developmental Center, at 
    Centralia


        The Jack Mabley Developmental Center, at Dixon


        The Lincoln Developmental Center, at Lincoln


        The H. Douglas Singer Mental Health and Developmental 
    Center, at Rockford


        The John J. Madden Mental Health Center, at Chicago


        The George A. Zeller Mental Health Center, at Peoria


        The Andrew McFarland Mental Health Center, at 
    Springfield


        The Adolf Meyer Mental Health Center, at Decatur


        The William W. Fox Developmental Center, at Dwight


        The Elisabeth Ludeman Developmental Center, at Park 
    Forest


        The William A. Howe Developmental Center, at Tinley 
    Park


        The Ann M. Kiley Developmental Center, at Waukegan.


    (b) Beginning not later than July 1, 1977, the Department 
shall cause
each of the facilities under its jurisdiction which 
provide in-patient
care to comply with standards, rules and 
regulations of the Department
of Public Health prescribed under 
Section 6.05 of the Hospital
Licensing Act.


    (b-5) The Department shall cause
each of the facilities 
under its jurisdiction that provide in-patient
care to comply 
with Section 6.25 of the Hospital
Licensing Act. 
    (c) The Department shall issue quarterly electronic 
reports to the General Assembly on admissions,
deflections, 
discharges, bed closures, staff-resident ratios, census,

average length of stay, and any adverse federal certification 
or
accreditation findings, if any, for each State-operated 
facility for the
mentally ill
and for persons with 
developmental disabilities.
The quarterly reports shall be 
issued by January 1, April 1, July 1, and October 1 of each 
year.  The quarterly reports shall include the following 
information for each facility reflecting the period ending 15 
days prior to the submission of the report:
        (1) the number of employees;
        (2) the number of workplace violence incidents that 
    occurred, including the number that were a direct assault 
    on employees by residents and the number that  resulted from 
    staff intervention in a resident altercation or other form 
    of injurious behavior;
        (3) the number of employees impacted in each incident; 
    and
        (4) the number of employee injuries resulting, 
    descriptions of the nature of the injuries, the number of 
    employee injuries requiring medical treatment at the 
    facility, the number of employee injuries requiring 
    outside medical treatment, and the number of days off work 
    per injury.
    (d) The requirements in subsection (c) do not relieve the 
Department from the recordkeeping requirements of the 
Occupational Safety and Health Act.
    (e) The Department shall:
        (1) establish a reasonable procedure for employees to 
    report work-related assaults and injuries. A procedure is 
    not reasonable if it would deter or discourage a reasonable 
    employee from accurately reporting a workplace assault or 
    injury;
        (2) inform each employee:
            (A)  of the procedure for reporting work-related 
        assaults and injuries;
            (B)  of the right to report work-related assaults 
        and injuries; and
            (C)  that the Department is prohibited from 
        discharging or in any manner discriminating against 
        employees for reporting work-related assaults and 
        injuries; and
        (3) not discharge, discipline, or in any manner 
    discriminate against any employee for reporting a 
    work-related assault or injury. 

(Source: P.A. 99-143, eff. 7-27-15.)

 
    Section 15. The Unified Code of Corrections is amended  by 
changing Sections 3-2.5-61 and 3-5-3.1 as follows:
 
    (730 ILCS 5/3-2.5-61)
    Sec. 3-2.5-61. Annual and other reports.
    (a)    The Director shall make an annual electronic report to 
the Governor and General Assembly concerning persons committed 
to the Department, its institutions, facilities, and programs, 
of all moneys expended and received, and on what accounts 
expended and received no later than January 1 of each year.  The 
report shall include the ethnic and racial background data, not 
identifiable to an individual, of all persons committed to the 
Department, its institutions, facilities, programs, and 
outcome measures established with the Juvenile Advisory Board.
    (b)     The Department of Juvenile Justice shall, by January 1, 
April 1, July 1, and October 1 of each year, electronically 
transmit to the Governor and General Assembly, a report which 
shall include the following information:
        (1) the number of youth in each of the Department's 
    facilities and the number of youth on aftercare;
        (2) the demographics of sex, age, race and ethnicity, 
    classification of offense,  and geographic location where 
    the offense occurred;
        (3) the educational and vocational programs provided 
    at each facility and the number of residents participating 
    in each program;
        (4) the present capacity levels in each facility; and
        (5) the ratio of the security staff to residents in 
    each facility by federal Prison Rape Elimination Act (PREA) 
    definitions; .
        (6) the number of reported assaults on staff at each 
    facility;
        (7) the number of reported incidents of youth sexual 
    aggression towards staff at each facility including sexual 
    assault, residents exposing themselves, sexual touching, 
    and sexually offensive harassing language such as repeated 
    and unwelcome sexual advances, requests for sexual favors, 
    or verbal comments, gestures, or actions of a derogatory or 
    offensive sexual nature; and
        (8) the number of staff injuries resulting from youth 
    violence at each facility including descriptions of the 
    nature and location of the injuries, the number of staff 
    injuries requiring medical treatment at the facility, the 
    number of staff injuries requiring outside medical 
    treatment and the number of days off work per injury. For 
    purposes of this Section, the definition of assault on 
    staff includes, but is not limited to, kicking, punching, 
    knocking down, harming or threatening to harm with 
    improvised weapons, or throwing urine or feces at staff.
    (c) The requirements in subsection (b) do not relieve the 
Department from the recordkeeping requirements of the 
Occupational Safety and Health Act.
    (d) The Department shall:
        (1)  establish a reasonable procedure for employees to 
    report work-related assaults and injuries. A procedure is 
    not reasonable if it would deter or discourage a reasonable 
    employee from accurately reporting a workplace assault or 
    injury;
        (2) inform each employee:
            (A)  of the procedure for reporting work-related 
        assaults and injuries;
            (B)  of the right to report work-related assaults 
        and injuries; and
            (C)  that the Department is prohibited from 
        discharging or in any manner discriminating against 
        employees for reporting work-related assaults and 
        injuries; and
        (3) not discharge, discipline or in any manner 
    discriminate against any employee for reporting a 
    work-related assault or injury. 

    (e)  For the purposes of paragraphs (7) and (8) of 
subsection (b) only, reports shall be filed beginning July 1, 
2019 or the implementation of the Department's Offender 360 
Program, whichever occurs first. 
(Source: P.A. 99-255, eff. 1-1-16.)
 


    (730 ILCS 5/3-5-3.1)  (from Ch. 38, par. 1003-5-3.1)


    Sec. 3-5-3.1. As used in this Section, "facility" includes 
any
facility of the Department of Corrections.

    (a) The Department of Corrections shall, by
January 1st, 
April
1st, July 1st, and October 1st of each year, 
electronically transmit to the General
Assembly, a report which 
shall include the following information reflecting the period

ending fifteen days prior to the submission of the report:  (1) 
the number
of residents in all Department facilities indicating 
the number of
residents in each listed facility; (2) a 
classification of each facility's
residents by the nature of 
the offense for which each resident was
committed to the 
Department; (3) the number of residents in maximum, medium,
and 
minimum security facilities indicating the classification of 
each
facility's residents by the nature of the offense for 
which each resident
was committed to the Department; (4) the 
educational and vocational programs
provided at each facility 
and the number of residents participating in each
such program; 
(5) the present design and rated capacity levels in each 
facility; (6) the
projected design and rated capacity of each 
facility six months and one year following each
reporting date; 
(7) the ratio of the security staff guards to residents in each

facility; (8) the ratio of total employees to residents in each 
facility; (9)
the number of residents in each facility that are 
single-celled and the
number in each facility that are 
double-celled; (10) information indicating
the distribution of 
residents in each facility by the allocated floor space
per 
resident; (11) a status of all capital projects currently 
funded by the
Department, location of each capital project, the 
projected on-line dates
for each capital project, including 
phase-in dates and full occupancy
dates; (12) the projected 
adult prison facility
populations of the Department for each of 
the succeeding
twelve months following each reporting date, 
indicating all assumptions
built into such population 
estimates; (13) the projected exits and projected
admissions in 
each facility for each of the succeeding twelve months

following each reporting date, indicating all assumptions 
built into such
population estimate; and (14) the locations of 
all Department-operated or
contractually operated community 
correctional centers, including the
present design and rated 
capacity and population levels at each facility; (15) the 
number of reported assaults on employees at each facility; (16) 
the number of reported incidents of resident sexual aggression 
towards employees at each facility including sexual assault, 
residents exposing themselves, sexual touching, and sexually 
offensive language; and (17) the number of employee injuries 
resulting from resident violence at each facility including 
descriptions of the nature  of the injuries, the number of  
injuries requiring medical treatment at the facility, the 
number of  injuries requiring outside medical treatment and the 
number of days off work per injury. For purposes of this 
Section, the definition of assault on staff includes, but is 
not limited to, kicking, punching, knocking down, harming or 
threatening to harm with improvised weapons, or throwing urine 
or feces at staff.
    (b) The requirements in subsection (a) do not relieve the 
Department from the recordkeeping requirements of the 
Occupational Safety and Health Act.
    (c) The Department shall:
        (1)  establish a reasonable procedure for employees to 
    report work-related assaults and injuries. A procedure is 
    not reasonable if it would deter or discourage a reasonable 
    employee from accurately reporting a workplace assault or 
    injury;
        (2) inform each employee:
            (A)  of the procedure for reporting work-related 
        assaults and injuries;
            (B)  of the right to report work-related assaults 
        and injuries; and
            (C)  that the Department is prohibited from 
        discharging or in any manner discriminating against 
        employees for reporting work-related assaults and 
        injuries; and
        (3) not discharge, discipline, or in any manner 
    discriminate against any employee for reporting a 
    work-related assault or injury. 

(Source: P.A. 99-255, eff. 1-1-16.)

 

    Section 99. Effective date. This Act takes effect January 
1, 2019.