Public Act 094-0163
 		





HB2062 Enrolled
LRB094 03374 RLC 33375 b






    AN ACT concerning criminal law.

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

 
    Section 5. The Nursing Home Care Act is amended  by changing 
Sections 2-110 and 2-201.5 and  by adding Sections 1-114.01, 
2-216, 3-202.3, and 3-202.4 as follows:
 
    (210 ILCS 45/1-114.01 new)

    Sec. 1-114.01. Identified offender. "Identified offender" 
means a person who has been convicted of any felony offense 
listed in Section 25 of the Health Care Worker Background Check 
Act, is a registered sex offender, or is serving a term of 
parole, mandatory supervised release, or probation for a felony 
offense.
 



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



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

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

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

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

    (4) Engage in other methods of asserting, advising and 
representing
residents so as to extend to them full enjoyment 
of their rights.
    (a-5) If a resident of a licensed facility is an identified 
offender, any federal, State, or local law enforcement officer 
or county probation officer shall be permitted reasonable 
access to the individual resident to verify compliance with the 
requirements of the Sex Offender Registration Act or to verify 
compliance with applicable terms of probation, parole, or 
mandatory supervised release.


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

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

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

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

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

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

 



    (210 ILCS 45/2-201.5)



    Sec. 2-201.5. Screening prior to admission. 
    (a) All persons age 18 or older seeking admission to a 
nursing
facility must be screened to
determine the need for 
nursing facility services prior to being admitted,
regardless 
of income, assets, or funding source.  In addition, any person 
who
seeks to become eligible for medical assistance from the 
Medical Assistance
Program under the Illinois Public Aid Code 
to pay for long term care services
while residing in a facility 
must be screened prior to receiving those
benefits.  Screening 
for nursing facility services shall be administered
through 
procedures established by administrative rule.  Screening may 
be done
by agencies other than the Department as established by 
administrative rule.
This Section applies on and after July 1, 
1996.
    (b) In addition to the screening required by subsection 
(a), identified offenders who seek admission to a licensed 
facility shall not be admitted unless the licensed facility 
complies with the requirements of the Department's 
administrative rules adopted pursuant to Section 3-202.3.


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

 
    (210 ILCS 45/2-216 new)

    Sec. 2-216. Notification of identified offenders. If 
identified offenders are residents of the licensed facility, 
the licensed facility shall notify every resident or resident's 
guardian in writing that such offenders are residents of the 
licensed facility.  The licensed facility shall also provide 
notice to its employees and to visitors to the facility that 
identified offenders are residents.
 
    (210 ILCS 45/3-202.3  new)
    Sec. 3-202.3. Identified offenders as residents. No later 
than 30 days after the effective date of this amendatory Act of 
the 94th General Assembly, the Department shall file with the 
Illinois Secretary of State's Office, pursuant to the Illinois 
Administrative Procedure Act, emergency rules regarding the 
provision of services to identified offenders. The emergency 
rules shall provide for, or include, but not be limited to the 
following:
        (1) A process for the identification of identified 
    offenders.
        (2) A required risk assessment of identified 
    offenders.
        (3) A requirement that a licensed facility be required, 
    within 10 days of the filing of the emergency rules, to 
    compare its residents against the Illinois Department of 
    Corrections and Illinois State Police registered sex 
    offender databases.
        (4) A requirement that the licensed facility notify the 
    Department within 48 hours of determining that a resident 
    or residents of the licensed facility are listed on the 
    Illinois Department of Corrections or Illinois State 
    Police registered sex offender databases.

        (5) The care planning of identified offenders, which 
    shall include, but not be limited to, a description of the 
    security measures necessary to protect facility residents 
    from the identified offender, including whether the 
    identified offender should be segregated from other 
    facility residents.
        (6) For offenders serving terms of probation for felony 
    offenses, parole, or mandatory
supervised release, the 
    facility shall acknowledge the terms of release as imposed 
    by the court or Illinois Prisoner Review Board.
        (7) The discharge planning for identified offenders.
 
    (210 ILCS 45/3-202.4 new)

    Sec. 3-202.4. Feasibility of segregating identified 
offenders. The Department shall determine the feasibility of 
requiring identified offenders that seek admission to a 
licensed facility to be segregated from other residents.  The 
Department shall report its findings to the General Assembly 
and the Office of the Governor not later than 6 months after 
the effective date of this amendatory Act of the 94th General 
Assembly.
 
    Section 10. The Unified Code of Corrections is amended  by 
changing Section 3-14-1 as follows:
 



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



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

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

    The Department of Corrections may establish and maintain, 
in any institution
it administers, revolving funds to be known 
as "Travel and Allowances Revolving
Funds".  These revolving 
funds shall be used for advancing travel and expense
allowances 
to committed, paroled, and discharged prisoners.  The moneys

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

    (b) (Blank).

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

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

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

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

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

    (c-1) (Blank).
    (c-5) If a person on parole or mandatory supervised release 
becomes a resident of a facility licensed or regulated by the 
Department of Public Health, the Illinois Department of Public 
Aid, or the Illinois Department of Human Services, the 
Department of Corrections shall provide copies of the following 
information to the appropriate licensing or regulating 
Department and the licensed or regulated facility where the 
person becomes a resident:
        (1) The mittimus and any pre-sentence investigation 
    reports.
        (2) The social evaluation prepared pursuant to Section 
    3-8-2.
        (3) Any pre-release evaluation conducted pursuant to 
    subsection (j) of Section 3-6-2.
        (4) Reports of disciplinary infractions and 
    dispositions.
        (5) Any parole plan, including orders issued by the 
    Prisoner Review Board, and any violation reports and 
    dispositions.
        (6) The name and contact information for the assigned 
    parole agent and parole supervisor.

    This information shall be provided within 3 days of the 
person becoming a resident of the facility.

    (c-10) If a person on parole or mandatory supervised 
release becomes a resident of a facility licensed or regulated 
by the Department of Public Health, the Illinois Department of 
Public Aid, or the Illinois Department of Human Services, the 
Department of Corrections shall provide written notification 
of such residence to the following:
        (1) The Prisoner Review Board.
        (2) The
chief of police and sheriff in the municipality 
    and county in which the licensed facility is located.
    The notification shall be provided within 3 days of the 
person becoming a resident of the facility.


    (d) Upon the release of a committed person on parole, 
mandatory
supervised release, final discharge or pardon, the 
Department shall provide
such person with information 
concerning programs and services of the
Illinois Department of 
Public Health to ascertain whether such person has
been exposed 
to the human immunodeficiency virus (HIV) or any identified

causative agent of Acquired Immunodeficiency Syndrome (AIDS).

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

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

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

subsection, the Department shall establish criteria that the

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

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

    The Department shall adopt
rules governing the issuance of 
identification cards to committed persons being
released on 
parole, mandatory supervised release, final
discharge, or 
pardon.

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


 
    Section 15. The Probation and Probation Officers Act is 
amended  by changing Section 12 as follows:
 



    (730 ILCS 110/12)  (from Ch. 38, par. 204-4)


    Sec. 12. The duties of probation officers shall be: 

    (1) To investigate as required by Section 5-3-1 of the 
"Unified Code
of Corrections", approved July 26, 1972, as 
amended, the case of
any person to be placed on probation. Full 
opportunity shall be afforded
a probation officer to confer 
with the person under investigation when
such person is in 
custody.

    (2) To notify the court of any previous conviction for 
crime or
previous probation of any defendant invoking the 
provisions of this Act.

    (3) All reports and notifications required in this Act to 
be made by
probation officers shall be in writing and shall be 
filed by the clerk
in the respective cases.

    (4) To preserve complete and accurate records of cases 
investigated,
including a description of the person 
investigated, the action of the
court with respect to his case 
and his probation, the subsequent history
of such person, if he 
becomes a probationer, during the continuance of
his probation, 
which records shall be open to inspection by any judge or
by 
any probation officer pursuant to order of court, but shall not 
be a
public record, and its contents shall not be divulged 
otherwise than as
above provided, except upon order of court.

    (5) To take charge of and watch over all persons placed on 
probation
under such regulations and for such terms as may be 
prescribed by the
court, and giving to each probationer full 
instructions as to the terms
of his release upon probation and 
requiring from him such periodical
reports as shall keep the 
officer informed as to his conduct.

    (6) To develop and operate programs of reasonable public or 
community
service
for any persons ordered by the court to 
perform public or community
service, providing, however,
that 
no probation officer or any employee of a probation office 
acting in
the course of his official duties shall be liable for 
any tortious acts
of any person performing public or community 
service except for wilful
misconduct or gross negligence on the

part of the probation officer or employee.

    (7) When any person on probation removes from the county 
where his
offense was committed, it shall be the duty of the 
officer under whose
care he was placed to report the facts to 
the probation officer in the
county to which the probationer 
has removed; and it shall thereupon
become the duty of such 
probation officer to take charge of and watch
over said 
probationer the same as if the case originated in that county;

and for that purpose he shall have the same power and authority 
over
said probationer as if he had been originally placed in 
said officer's
charge; and such officer shall be required to 
report in writing every 6
months, or more frequently upon 
request the results of his supervision
to the probation officer 
in whose
charge the said probationer was originally placed by 
the court.

    (8) To authorize travel permits to individuals under their 
supervision
unless otherwise ordered by the court.

    (9) To perform such other duties as are provided for in 
this act or
by rules of court and such incidental duties as may 
be implied from
those expressly required.

    (10) To send written notification to a public housing 
agency if a person
on probation for a felony who is under the 
supervision of the probation officer
informs the probation 
officer that he or she has resided, resides, or will
reside at 
an address that is a housing facility owned, managed, operated, 
or
leased by that public housing agency.

    (11) If a person on probation for a felony offense who is 
under the supervision of the probation officer becomes a 
resident of a facility licensed or regulated by the Department 
of Public Health, the Illinois Department of Public Aid, or 
Illinois Department of Human Services, the probation officer 
shall within 3 days of the person becoming a resident, notify 
the licensing or regulating Department and licensed or 
regulated facility and shall provide the licensed or regulated 
facility and licensing or regulating Department with copies of 
the following:
        (a) pre-sentence investigation reports or social 
    investigation reports;
        (b) any applicable probation orders and corresponding 
    compliance plans;
        (c) the name and contact information for the assigned 
    probation officer.

(Source: P.A. 91-506, eff. 8-13-99.)



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