Rep. Camille Y. Lilly

Filed: 3/4/2025

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1 AMENDMENT TO HOUSE BILL 3078

2 AMENDMENT NO. ______. Amend House Bill 3078 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The Department of Human Services Act is

5 amended by changing Sections 1-17 and 10-8 as follows:

6 (20 ILCS 1305/1-17)

7 Sec. 1-17. Inspector General.

8 (a) Nature and purpose. It is the express intent of the

9 General Assembly to ensure the health, safety, and financial

10 condition of individuals receiving services in this State due

11 to mental illness, developmental disability, or both by

12 protecting those persons from acts of abuse, neglect, or both

13 by service providers. To that end, the Office of the Inspector

14 General for the Department of Human Services is created to

15 investigate and report upon allegations of the abuse, neglect,

16 or financial exploitation of individuals receiving services

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1 within mental health facilities, developmental disabilities

2 facilities, and community agencies operated, licensed, funded,

3 or certified by the Department of Human Services, but not

4 licensed or certified by any other State agency.

5 (b) Definitions. The following definitions apply to this

6 Section:

7 "Agency" or "community agency" means (i) a community

8 agency licensed, funded, or certified by the Department, but

9 not licensed or certified by any other human services agency

10 of the State, to provide mental health service or

11 developmental disabilities service, or (ii) a program

12 licensed, funded, or certified by the Department, but not

13 licensed or certified by any other human services agency of

14 the State, to provide mental health service or developmental

15 disabilities service.

16 "Aggravating circumstance" means a factor that is

17 attendant to a finding and that tends to compound or increase

18 the culpability of the accused.

19 "Allegation" means an assertion, complaint, suspicion, or

20 incident involving any of the following conduct by an

21 employee, facility, or agency against an individual or

22 individuals: mental abuse, physical abuse, sexual abuse,

23 neglect, financial exploitation, or material obstruction of an

24 investigation.

25 "Day" means working day, unless otherwise specified.

26 "Deflection" means a situation in which an individual is

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1 presented for admission to a facility or agency, and the

2 facility staff or agency staff do not admit the individual.

3 "Deflection" includes triage, redirection, and denial of

4 admission.

5 "Department" means the Department of Human Services.

6 "Developmental disability" means "developmental

7 disability" as defined in the Mental Health and Developmental

8 Disabilities Code.

9 "Egregious neglect" means a finding of neglect as

10 determined by the Inspector General that (i) represents a

11 gross failure to adequately provide for, or a callused

12 indifference to, the health, safety, or medical needs of an

13 individual and (ii) results in an individual's death or other

14 serious deterioration of an individual's physical condition or

15 mental condition.

16 "Employee" means any person who provides services at the

17 facility or agency on-site or off-site. The service

18 relationship can be with the individual or with the facility

19 or agency. Also, "employee" includes any employee or

20 contractual agent of the Department of Human Services or the

21 community agency involved in providing or monitoring or

22 administering mental health or developmental disability

23 services. This includes but is not limited to: owners,

24 operators, payroll personnel, contractors, subcontractors, and

25 volunteers.

26 "Facility" or "State-operated facility" means a mental

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1 health facility or developmental disabilities facility

2 operated by the Department.

3 "Financial exploitation" means taking unjust advantage of

4 an individual's assets, property, or financial resources

5 through deception, intimidation, or conversion for the

6 employee's, facility's, or agency's own advantage or benefit.

7 "Finding" means the Office of Inspector General's

8 determination regarding whether an allegation is

9 substantiated, unsubstantiated, or unfounded.

10 "Health Care Worker Registry" or "Registry" means the

11 Health Care Worker Registry under the Health Care Worker

12 Background Check Act.

13 "Individual" means any person receiving mental health

14 service, developmental disabilities service, or both from a

15 facility or agency, while either on-site or off-site.

16 "Material obstruction of an investigation" means the

17 purposeful interference with an investigation of physical

18 abuse, sexual abuse, mental abuse, neglect, or financial

19 exploitation and includes, but is not limited to, the

20 withholding or altering of documentation or recorded evidence;

21 influencing, threatening, or impeding witness testimony;

22 presenting untruthful information during an interview; failing

23 to cooperate with an investigation conducted by the Office of

24 the Inspector General. If an employee, following a criminal

25 investigation of physical abuse, sexual abuse, mental abuse,

26 neglect, or financial exploitation, is convicted of an offense

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1 that is factually predicated on the employee presenting

2 untruthful information during the course of the investigation,

3 that offense constitutes obstruction of an investigation.

4 Obstruction of an investigation does not include: an

5 employee's lawful exercising of his or her constitutional

6 right against self-incrimination, an employee invoking his or

7 her lawful rights to union representation as provided by a

8 collective bargaining agreement or the Illinois Public Labor

9 Relations Act, or a union representative's lawful activities

10 providing representation under a collective bargaining

11 agreement or the Illinois Public Labor Relations Act.

12 Obstruction of an investigation is considered material when it

13 could significantly impair an investigator's ability to gather

14 all relevant facts. An employee shall not be placed on the

15 Health Care Worker Registry for presenting untruthful

16 information during an interview conducted by the Office of the

17 Inspector General, unless, prior to the interview, the

18 employee was provided with any previous signed statements he

19 or she made during the course of the investigation.

20 "Mental abuse" means the use of demeaning, intimidating,

21 or threatening words, signs, gestures, or other actions by an

22 employee about an individual and in the presence of an

23 individual or individuals that results in emotional distress

24 or maladaptive behavior, or could have resulted in emotional

25 distress or maladaptive behavior, for any individual present.

26 "Mental illness" means "mental illness" as defined in the

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1 Mental Health and Developmental Disabilities Code.

2 "Mentally ill" means having a mental illness.

3 "Mitigating circumstance" means a condition that (i) is

4 attendant to a finding, (ii) does not excuse or justify the

5 conduct in question, but (iii) may be considered in evaluating

6 the severity of the conduct, the culpability of the accused,

7 or both the severity of the conduct and the culpability of the

8 accused.

9 "Neglect" means an employee's, agency's, or facility's

10 failure to provide adequate medical care, personal care, or

11 maintenance and that, as a consequence, (i) causes an

12 individual pain, injury, or emotional distress, (ii) results

13 in either an individual's maladaptive behavior or the

14 deterioration of an individual's physical condition or mental

15 condition, or (iii) places the individual's health or safety

16 at substantial risk.

17 "Person with a developmental disability" means a person

18 having a developmental disability.

19 "Physical abuse" means an employee's non-accidental and

20 inappropriate contact with an individual that causes bodily

21 harm. "Physical abuse" includes actions that cause bodily harm

22 as a result of an employee directing an individual or person to

23 physically abuse another individual.

24 "Presenting untruthful information" means making a false

25 statement, material to an investigation of physical abuse,

26 sexual abuse, mental abuse, neglect, or financial

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1 exploitation, knowing the statement is false.

2 "Recommendation" means an admonition, separate from a

3 finding, that requires action by the facility, agency, or

4 Department to correct a systemic issue, problem, or deficiency

5 identified during an investigation. "Recommendation" can also

6 mean an admonition to correct a systemic issue, problem or

7 deficiency during a review.

8 "Required reporter" means any employee who suspects,

9 witnesses, or is informed of an allegation of any one or more

10 of the following: mental abuse, physical abuse, sexual abuse,

11 neglect, or financial exploitation.

12 "Secretary" means the Chief Administrative Officer of the

13 Department.

14 "Sexual abuse" means any sexual contact or intimate

15 physical contact between an employee and an individual,

16 including an employee's coercion or encouragement of an

17 individual to engage in sexual behavior that results in sexual

18 contact, intimate physical contact, sexual behavior, or

19 intimate physical behavior. Sexual abuse also includes (i) an

20 employee's actions that result in the sending or showing of

21 sexually explicit images to an individual via computer,

22 cellular phone, electronic mail, portable electronic device,

23 or other media with or without contact with the individual or

24 (ii) an employee's posting of sexually explicit images of an

25 individual online or elsewhere whether or not there is contact

26 with the individual.

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1 "Sexually explicit images" includes, but is not limited

2 to, any material which depicts nudity, sexual conduct, or

3 sado-masochistic abuse, or which contains explicit and

4 detailed verbal descriptions or narrative accounts of sexual

5 excitement, sexual conduct, or sado-masochistic abuse.

6 "Substantiated" means there is a preponderance of the

7 evidence to support the allegation.

8 "Unfounded" means there is no credible evidence to support

9 the allegation.

10 "Unsubstantiated" means there is credible evidence, but

11 less than a preponderance of evidence to support the

12 allegation.

13 (c) Appointment. The Governor shall appoint, and the

14 Senate shall confirm, an Inspector General. The Inspector

15 General shall be appointed for a term of 4 years and shall

16 function within the Department of Human Services and report to

17 the Secretary and the Governor.

18 (d) Operation and appropriation. The Inspector General

19 shall function independently within the Department with

20 respect to the operations of the Office, including the

21 performance of investigations and issuance of findings and

22 recommendations and the performance of site visits and reviews

23 of facilities and community agencies. The appropriation for

24 the Office of Inspector General shall be separate from the

25 overall appropriation for the Department.

26 (e) Powers and duties. The Inspector General shall

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1 investigate reports of suspected mental abuse, physical abuse,

2 sexual abuse, neglect, or financial exploitation of

3 individuals in any mental health or developmental disabilities

4 facility or agency and shall have authority to take immediate

5 action to prevent any one or more of the following from

6 happening to individuals under its jurisdiction: mental abuse,

7 physical abuse, sexual abuse, neglect, or financial

8 exploitation. The Inspector General shall also investigate

9 allegations of material obstruction of an investigation by an

10 employee. Upon written request of an agency of this State, the

11 Inspector General may assist another agency of the State in

12 investigating reports of the abuse, neglect, or abuse and

13 neglect of persons with mental illness, persons with

14 developmental disabilities, or persons with both. The

15 Inspector General shall conduct annual site visits of each

16 facility and may conduct reviews of facilities and community

17 agencies. To comply with the requirements of subsection (k) of

18 this Section, the Inspector General shall also review all

19 reportable deaths for which there is no allegation of abuse or

20 neglect. Nothing in this Section shall preempt any duties of

21 the Medical Review Board set forth in the Mental Health and

22 Developmental Disabilities Code. The Inspector General shall

23 have no authority to investigate alleged violations of the

24 State Officials and Employees Ethics Act. Allegations of

25 misconduct under the State Officials and Employees Ethics Act

26 shall be referred to the Office of the Governor's Executive

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1 Inspector General for investigation.

2 (f) Limitations. The Inspector General shall not conduct

3 an investigation within an agency or facility if that

4 investigation would be redundant to or interfere with an

5 investigation conducted by another State agency. The Inspector

6 General shall have no supervision over, or involvement in, the

7 routine programmatic, licensing, funding, or certification

8 operations of the Department. Nothing in this subsection

9 limits investigations by the Department that may otherwise be

10 required by law or that may be necessary in the Department's

11 capacity as central administrative authority responsible for

12 the operation of the State's mental health and developmental

13 disabilities facilities.

14 (g) Rulemaking authority. The Inspector General shall

15 promulgate rules establishing minimum requirements for

16 reporting allegations as well as for initiating, conducting,

17 and completing investigations based upon the nature of the

18 allegation or allegations. The rules shall clearly establish

19 that if 2 or more State agencies could investigate an

20 allegation, the Inspector General shall not conduct an

21 investigation that would be redundant to, or interfere with,

22 an investigation conducted by another State agency. The rules

23 shall further clarify the method and circumstances under which

24 the Office of Inspector General may interact with the

25 licensing, funding, or certification units of the Department

26 in preventing further occurrences of mental abuse, physical

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1 abuse, sexual abuse, neglect, egregious neglect, financial

2 exploitation, and material obstruction of an investigation.

3 (g-5) Site visits and review authority.

4 (1) Site visits. The Inspector General shall conduct

5 unannounced site visits to each facility at least annually

6 for the purpose of reviewing and making recommendations on

7 systemic issues relative to preventing, reporting,

8 investigating, and responding to all of the following:

9 mental abuse, physical abuse, sexual abuse, neglect,

10 egregious neglect, financial exploitation, or material

11 obstruction of an investigation.

12 (2) Review authority. In response to complaints or

13 information gathered from investigations, the Inspector

14 General shall have and may exercise the authority to

15 initiate reviews of facilities and agencies related to

16 preventing, reporting, investigating, and responding to

17 all of the following: mental abuse, physical abuse, sexual

18 abuse, neglect, egregious neglect, financial exploitation,

19 or material obstruction of an investigation. Upon

20 concluding a review, the Inspector General shall issue a

21 written report setting forth its conclusions and

22 recommendations. The report shall be distributed to the

23 Secretary and to the director of the facility or agency

24 that was the subject of review. Within 45 calendar days,

25 the facility or agency shall submit a written response

26 addressing the Inspector General's conclusions and

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1 recommendations and, in a concise and reasoned manner, the

2 actions taken, if applicable, to: (i) protect the

3 individual or individuals; (ii) prevent recurrences; and

4 (iii) eliminate the problems identified. The response

5 shall include the implementation and completion dates of

6 such actions.

7 (h) Training programs. The Inspector General shall (i)

8 establish a comprehensive program to ensure that every person

9 authorized to conduct investigations receives ongoing training

10 relative to investigation techniques, communication skills,

11 and the appropriate means of interacting with persons

12 receiving treatment for mental illness, developmental

13 disability, or both mental illness and developmental

14 disability, and (ii) establish and conduct periodic training

15 programs for facility and agency employees concerning the

16 prevention and reporting of any one or more of the following:

17 mental abuse, physical abuse, sexual abuse, neglect, egregious

18 neglect, financial exploitation, or material obstruction of an

19 investigation. The Inspector General shall further ensure (i)

20 every person authorized to conduct investigations at community

21 agencies receives ongoing training in Title 59, Parts 115,

22 116, and 119 of the Illinois Administrative Code, and (ii)

23 every person authorized to conduct investigations shall

24 receive ongoing training in Title 59, Part 50 of the Illinois

25 Administrative Code. Nothing in this Section shall be deemed

26 to prevent the Office of Inspector General from conducting any

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1 other training as determined by the Inspector General to be

2 necessary or helpful.

3 (i) Duty to cooperate.

4 (1) The Inspector General shall at all times be

5 granted access to any facility or agency for the purpose

6 of investigating any allegation, conducting unannounced

7 site visits, monitoring compliance with a written

8 response, conducting reviews of facilities and agencies,

9 or completing any other statutorily assigned duty.

10 (2) Any employee who fails to cooperate with an Office

11 of the Inspector General investigation is in violation of

12 this Act. Failure to cooperate with an investigation

13 includes, but is not limited to, any one or more of the

14 following: (i) creating and transmitting a false report to

15 the Office of the Inspector General hotline, (ii)

16 providing false information to an Office of the Inspector

17 General Investigator during an investigation, (iii)

18 colluding with other employees to cover up evidence, (iv)

19 colluding with other employees to provide false

20 information to an Office of the Inspector General

21 investigator, (v) destroying evidence, (vi) withholding

22 evidence, or (vii) otherwise obstructing an Office of the

23 Inspector General investigation. Additionally, any

24 employee who, during an unannounced site visit, written

25 response compliance check, or review fails to cooperate

26 with requests from the Office of the Inspector General is

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1 in violation of this Act.

2 (j) Subpoena powers. The Inspector General shall have the

3 power to subpoena witnesses and compel the production of all

4 documents and physical evidence relating to his or her

5 investigations and reviews and any hearings authorized by this

6 Act. This subpoena power shall not extend to persons or

7 documents of a labor organization or its representatives

8 insofar as the persons are acting in a representative capacity

9 to an employee whose conduct is the subject of an

10 investigation or the documents relate to that representation.

11 Any person who otherwise fails to respond to a subpoena or who

12 knowingly provides false information to the Office of the

13 Inspector General by subpoena during an investigation is

14 guilty of a Class A misdemeanor.

15 (k) Reporting allegations and deaths.

16 (1) Allegations. If an employee witnesses, is told of,

17 or has reason to believe an incident of mental abuse,

18 physical abuse, sexual abuse, neglect, financial

19 exploitation, or material obstruction of an investigation

20 has occurred, the employee, agency, or facility shall

21 report the allegation by phone to the Office of the

22 Inspector General hotline according to the agency's or

23 facility's procedures, but in no event later than 4 hours

24 after the initial discovery of the incident, allegation,

25 or suspicion of any one or more of the following: mental

26 abuse, physical abuse, sexual abuse, neglect, financial

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1 exploitation, or material obstruction of an investigation.

2 A required reporter as defined in subsection (b) of this

3 Section who knowingly or intentionally fails to comply

4 with these reporting requirements is guilty of a Class A

5 misdemeanor.

6 (2) Deaths. Absent an allegation, a required reporter

7 shall, within 24 hours after initial discovery, report by

8 phone to the Office of the Inspector General hotline each

9 of the following:

10 (i) Any death of an individual occurring within 14

11 calendar days after discharge or transfer of the

12 individual from a residential program or facility.

13 (ii) Any death of an individual occurring within

14 24 hours after deflection from a residential program

15 or facility.

16 (iii) Any other death of an individual occurring

17 at an agency or facility or at any Department-funded

18 site.

19 (3) Retaliation. It is a violation of this Act for any

20 employee or administrator of an agency or facility to take

21 retaliatory action against an employee who acts in good

22 faith in conformance with his or her duties as a required

23 reporter.

24 (l) Reporting to law enforcement. Reporting criminal acts.

25 Within 24 hours after determining that there is credible

26 evidence indicating that a criminal act may have been

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1 committed or that special expertise may be required in an

2 investigation, the Inspector General shall notify the Illinois

3 State Police or other appropriate law enforcement authority,

4 or ensure that such notification is made. The Illinois State

5 Police shall investigate any report from a State-operated

6 facility indicating a possible murder, sexual assault, or

7 other felony by an employee. All investigations conducted by

8 the Inspector General shall be conducted in a manner designed

9 to ensure the preservation of evidence for possible use in a

10 criminal prosecution.

11 (m) Investigative reports. Upon completion of an

12 investigation, the Office of Inspector General shall issue an

13 investigative report identifying whether the allegations are

14 substantiated, unsubstantiated, or unfounded. Within 10

15 business days after the transmittal of a completed

16 investigative report substantiating an allegation, finding an

17 allegation is unsubstantiated, or if a recommendation is made,

18 the Inspector General shall provide the investigative report

19 on the case to the Secretary and to the director of the

20 facility or agency where any one or more of the following

21 occurred: mental abuse, physical abuse, sexual abuse, neglect,

22 egregious neglect, financial exploitation, or material

23 obstruction of an investigation. The director of the facility

24 or agency shall be responsible for maintaining the

25 confidentiality of the investigative report consistent with

26 State and federal law. In a substantiated case, the

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1 investigative report shall include any mitigating or

2 aggravating circumstances that were identified during the

3 investigation. If the case involves substantiated neglect, the

4 investigative report shall also state whether egregious

5 neglect was found. An investigative report may also set forth

6 recommendations. All investigative reports prepared by the

7 Office of the Inspector General shall be considered

8 confidential and shall not be released except as provided by

9 the law of this State or as required under applicable federal

10 law. Unsubstantiated and unfounded reports shall not be

11 disclosed except as allowed under Section 6 of the Abused and

12 Neglected Long Term Care Facility Residents Reporting Act. Raw

13 data used to compile the investigative report shall not be

14 subject to release unless required by law or a court order.

15 "Raw data used to compile the investigative report" includes,

16 but is not limited to, any one or more of the following: the

17 initial complaint, witness statements, photographs,

18 investigator's notes, police reports, or incident reports. If

19 the allegations are substantiated, the victim, the victim's

20 guardian, and the accused shall be provided with a redacted

21 copy of the investigative report. Death reports where there

22 was no allegation of abuse or neglect shall only be released to

23 the Secretary, or the Secretary's designee, and to the

24 director of the facility or agency when a recommendation is

25 made and pursuant to applicable State or federal law or a valid

26 court order. Unredacted investigative reports, as well as raw

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1 data, may be shared with a local law enforcement entity, a

2 State's Attorney's office, ~~or~~ a county coroner's office, or

3 the Department of Financial and Professional Regulation upon

4 written request.

5 (n) Written responses, clarification requests, and

6 reconsideration requests.

7 (1) Written responses. Within 30 calendar days from

8 receipt of a substantiated investigative report or an

9 investigative report which contains recommendations,

10 absent a reconsideration request, the facility or agency

11 shall file a written response that addresses, in a concise

12 and reasoned manner, the actions taken to: (i) protect the

13 individual; (ii) prevent recurrences; and (iii) eliminate

14 the problems identified. The response shall include the

15 implementation and completion dates of such actions. If

16 the written response is not filed within the allotted 30

17 calendar day period, the Secretary, or the Secretary's

18 designee, shall determine the appropriate corrective

19 action to be taken.

20 (2) Requests for clarification. The facility, agency,

21 victim or guardian, or the subject employee may request

22 that the Office of Inspector General clarify the finding

23 or findings for which clarification is sought.

24 (3) Requests for reconsideration. The facility,

25 agency, victim or guardian, or the subject employee may

26 request that the Office of the Inspector General

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1 reconsider the finding or findings or the recommendations.

2 A request for reconsideration shall be subject to a

3 multi-layer review and shall include at least one reviewer

4 who did not participate in the investigation or approval

5 of the original investigative report. After the

6 multi-layer review process has been completed, the

7 Inspector General shall make the final determination on

8 the reconsideration request. The investigation shall be

9 reopened if the reconsideration determination finds that

10 additional information is needed to complete the

11 investigative record.

12 (o) Disclosure of the finding by the Inspector General.

13 The Inspector General shall disclose the finding of an

14 investigation to the following persons: (i) the Governor, (ii)

15 the Secretary, (iii) the director of the facility or agency,

16 (iv) the alleged victims and their guardians, (v) the

17 complainant, and (vi) the accused. This information shall

18 include whether the allegations were deemed substantiated,

19 unsubstantiated, or unfounded.

20 (p) Secretary review. Upon review of the Inspector

21 General's investigative report and any agency's or facility's

22 written response, the Secretary, or the Secretary's designee,

23 shall accept or reject the written response and notify the

24 Inspector General of that determination. The Secretary, or the

25 Secretary's designee, may further direct that other

26 administrative action be taken, including, but not limited to,

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1 any one or more of the following: (i) additional site visits,

2 (ii) training, (iii) provision of technical assistance

3 relative to administrative needs, licensure, or certification,

4 or (iv) the imposition of appropriate sanctions.

5 (q) Action by facility or agency. Within 30 days of the

6 date the Secretary, or the Secretary's designee, approves the

7 written response or directs that further administrative action

8 be taken, the facility or agency shall provide an

9 implementation report to the Inspector General that provides

10 the status of the action taken. The facility or agency shall be

11 allowed an additional 30 days to send notice of completion of

12 the action or to send an updated implementation report. If the

13 action has not been completed within the additional 30-day

14 period, the facility or agency shall send updated

15 implementation reports every 60 days until completion. The

16 Inspector General shall conduct a review of any implementation

17 plan that takes more than 120 days after approval to complete,

18 and shall monitor compliance through a random review of

19 approved written responses, which may include, but are not

20 limited to: (i) site visits, (ii) telephone contact, and (iii)

21 requests for additional documentation evidencing compliance.

22 (r) Sanctions. Sanctions, if imposed by the Secretary

23 under Subdivision (p)(iv) of this Section, shall be designed

24 to prevent further acts of mental abuse, physical abuse,

25 sexual abuse, neglect, egregious neglect, or financial

26 exploitation or some combination of one or more of those acts

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1 at a facility or agency, and may include any one or more of the

2 following:

3 (1) Appointment of on-site monitors.

4 (2) Transfer or relocation of an individual or

5 individuals.

6 (3) Closure of units.

7 (4) Termination of any one or more of the following:

8 (i) Department licensing, (ii) funding, or (iii)

9 certification.

10 The Inspector General may seek the assistance of the

11 Illinois Attorney General or the office of any State's

12 Attorney in implementing sanctions.

13 (s) Health Care Worker Registry.

14 (1) Reporting to the Registry. The Inspector General

15 shall report to the Department of Public Health's Health

16 Care Worker Registry, a public registry, the identity and

17 finding of each employee of a facility or agency against

18 whom there is a final investigative report prepared by the

19 Office of the Inspector General containing a substantiated

20 allegation of physical or sexual abuse, financial

21 exploitation, egregious neglect of an individual, or

22 material obstruction of an investigation, unless the

23 Inspector General requests a stipulated disposition of the

24 investigative report that does not include the reporting

25 of the employee's name to the Health Care Worker Registry

26 and the Secretary of Human Services agrees with the

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1 requested stipulated disposition.

2 (2) Notice to employee. Prior to reporting the name of

3 an employee, the employee shall be notified of the

4 Department's obligation to report and shall be granted an

5 opportunity to request an administrative hearing, the sole

6 purpose of which is to determine if the substantiated

7 finding warrants reporting to the Registry. Notice to the

8 employee shall contain a clear and concise statement of

9 the grounds on which the report to the Registry is based,

10 offer the employee an opportunity for a hearing, and

11 identify the process for requesting such a hearing. Notice

12 is sufficient if provided by certified mail to the

13 employee's last known address. If the employee fails to

14 request a hearing within 30 days from the date of the

15 notice, the Inspector General shall report the name of the

16 employee to the Registry. Nothing in this subdivision

17 (s)(2) shall diminish or impair the rights of a person who

18 is a member of a collective bargaining unit under the

19 Illinois Public Labor Relations Act or under any other

20 federal labor statute.

21 (3) Registry hearings. If the employee requests an

22 administrative hearing, the employee shall be granted an

23 opportunity to appear before an administrative law judge

24 to present reasons why the employee's name should not be

25 reported to the Registry. The Department shall bear the

26 burden of presenting evidence that establishes, by a

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1 preponderance of the evidence, that the substantiated

2 finding warrants reporting to the Registry. After

3 considering all the evidence presented, the administrative

4 law judge shall make a recommendation to the Secretary as

5 to whether the substantiated finding warrants reporting

6 the name of the employee to the Registry. The Secretary

7 shall render the final decision. The Department and the

8 employee shall have the right to request that the

9 administrative law judge consider a stipulated disposition

10 of these proceedings.

11 (4) Testimony at Registry hearings. A person who makes

12 a report or who investigates a report under this Act shall

13 testify fully in any judicial proceeding resulting from

14 such a report, as to any evidence of physical abuse,

15 sexual abuse, egregious neglect, financial exploitation,

16 or material obstruction of an investigation, or the cause

17 thereof. No evidence shall be excluded by reason of any

18 common law or statutory privilege relating to

19 communications between the alleged perpetrator of abuse or

20 neglect, or the individual alleged as the victim in the

21 report, and the person making or investigating the report.

22 Testimony at hearings is exempt from the confidentiality

23 requirements of subsection (f) of Section 10 of the Mental

24 Health and Developmental Disabilities Confidentiality Act.

25 (5) Employee's rights to collateral action. No

26 reporting to the Registry shall occur and no hearing shall

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1 be set or proceed if an employee notifies the Inspector

2 General in writing, including any supporting

3 documentation, that he or she is formally contesting an

4 adverse employment action resulting from a substantiated

5 finding by complaint filed with the Illinois Civil Service

6 Commission, or which otherwise seeks to enforce the

7 employee's rights pursuant to any applicable collective

8 bargaining agreement. If an action taken by an employer

9 against an employee as a result of a finding of physical

10 abuse, sexual abuse, egregious neglect, financial

11 exploitation, or material obstruction of an investigation

12 is overturned through an action filed with the Illinois

13 Civil Service Commission or under any applicable

14 collective bargaining agreement and if that employee's

15 name has already been sent to the Registry, the employee's

16 name shall be removed from the Registry.

17 (6) Removal from Registry. At any time after the

18 report to the Registry, but no more than once in any

19 12-month period, an employee may petition the Department

20 in writing to remove his or her name from the Registry.

21 Upon receiving notice of such request, the Inspector

22 General shall conduct an investigation into the petition.

23 Upon receipt of such request, an administrative hearing

24 will be set by the Department. At the hearing, the

25 employee shall bear the burden of presenting evidence that

26 establishes, by a preponderance of the evidence, that

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1 removal of the name from the Registry is in the public

2 interest. The parties may jointly request that the

3 administrative law judge consider a stipulated disposition

4 of these proceedings.

5 (t) Review of Administrative Decisions. The Department

6 shall preserve a record of all proceedings at any formal

7 hearing conducted by the Department involving Health Care

8 Worker Registry hearings. Final administrative decisions of

9 the Department are subject to judicial review pursuant to

10 provisions of the Administrative Review Law.

11 (u) Quality Care Board. There is created, within the

12 Office of the Inspector General, a Quality Care Board to be

13 composed of 7 members appointed by the Governor with the

14 advice and consent of the Senate. One of the members shall be

15 designated as chairman by the Governor. Of the initial

16 appointments made by the Governor, 4 Board members shall each

17 be appointed for a term of 4 years and 3 members shall each be

18 appointed for a term of 2 years. Upon the expiration of each

19 member's term, a successor shall be appointed for a term of 4

20 years. In the case of a vacancy in the office of any member,

21 the Governor shall appoint a successor for the remainder of

22 the unexpired term.

23 Members appointed by the Governor shall be qualified by

24 professional knowledge or experience in the area of law,

25 investigatory techniques, or in the area of care of the

26 mentally ill or care of persons with developmental

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1 disabilities. Two members appointed by the Governor shall be

2 persons with a disability or parents of persons with a

3 disability. Members shall serve without compensation, but

4 shall be reimbursed for expenses incurred in connection with

5 the performance of their duties as members.

6 The Board shall meet quarterly, and may hold other

7 meetings on the call of the chairman. Four members shall

8 constitute a quorum allowing the Board to conduct its

9 business. The Board may adopt rules and regulations it deems

10 necessary to govern its own procedures.

11 The Board shall monitor and oversee the operations,

12 policies, and procedures of the Inspector General to ensure

13 the prompt and thorough investigation of allegations of

14 neglect and abuse. In fulfilling these responsibilities, the

15 Board may do the following:

16 (1) Provide independent, expert consultation to the

17 Inspector General on policies and protocols for

18 investigations of alleged abuse, neglect, or both abuse

19 and neglect.

20 (2) Review existing regulations relating to the

21 operation of facilities.

22 (3) Advise the Inspector General as to the content of

23 training activities authorized under this Section.

24 (4) Recommend policies concerning methods for

25 improving the intergovernmental relationships between the

26 Office of the Inspector General and other State or federal

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1 offices.

2 (v) Annual report. The Inspector General shall provide to

3 the General Assembly and the Governor, no later than January 1

4 of each year, a summary of reports and investigations made

5 under this Act for the prior fiscal year with respect to

6 individuals receiving mental health or developmental

7 disabilities services. The report shall detail the imposition

8 of sanctions, if any, and the final disposition of any

9 corrective or administrative action directed by the Secretary.

10 The summaries shall not contain any confidential or

11 identifying information of any individual, but shall include

12 objective data identifying any trends in the number of

13 reported allegations, the timeliness of the Office of the

14 Inspector General's investigations, and their disposition, for

15 each facility and Department-wide, for the most recent 3-year

16 time period. The report shall also identify, by facility, the

17 staff-to-patient ratios taking account of direct care staff

18 only. The report shall also include detailed recommended

19 administrative actions and matters for consideration by the

20 General Assembly.

21 (w) Program audit. The Auditor General shall conduct a

22 program audit of the Office of the Inspector General on an

23 as-needed basis, as determined by the Auditor General. The

24 audit shall specifically include the Inspector General's

25 compliance with the Act and effectiveness in investigating

26 reports of allegations occurring in any facility or agency.

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1 The Auditor General shall conduct the program audit according

2 to the provisions of the Illinois State Auditing Act and shall

3 report its findings to the General Assembly no later than

4 January 1 following the audit period.

5 (x) Nothing in this Section shall be construed to mean

6 that an individual is a victim of abuse or neglect because of

7 health care services appropriately provided or not provided by

8 health care professionals.

9 (y) Nothing in this Section shall require a facility,

10 including its employees, agents, medical staff members, and

11 health care professionals, to provide a service to an

12 individual in contravention of that individual's stated or

13 implied objection to the provision of that service on the

14 ground that that service conflicts with the individual's

15 religious beliefs or practices, nor shall the failure to

16 provide a service to an individual be considered abuse under

17 this Section if the individual has objected to the provision

18 of that service based on his or her religious beliefs or

19 practices.

20 (Source: P.A. 102-538, eff. 8-20-21; 102-883, eff. 5-13-22;

21 102-1071, eff. 6-10-22; 103-76, eff. 6-9-23; 103-154, eff.

22 6-30-23; 103-752, eff. 1-1-25.)

23 (20 ILCS 1305/10-8)

24 Sec. 10-8. The Autism Research Checkoff Fund; grants;

25 scientific review committee. The Autism Research Checkoff Fund

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1 is created as a special fund in the State treasury. From

2 appropriations to the Department from the Fund, the Department

3 must make grants to public or private entities in Illinois for

4 the purpose of funding research concerning the disorder of

5 autism. For purposes of this Section, the term "research"

6 includes, without limitation, expenditures to develop and

7 advance the understanding, techniques, and modalities

8 effective in the detection, prevention, screening, and

9 treatment of autism and may include clinical trials. No more

10 than 20% of the grant funds may be used for institutional

11 overhead costs, indirect costs, other organizational levies,

12 or costs of community-based support services.

13 Moneys received for the purposes of this Section,

14 including, without limitation, income tax checkoff receipts

15 and gifts, grants, and awards from any public or private

16 entity, must be deposited into the Fund. Any interest earned

17 on moneys in the Fund must be deposited into the Fund.

18 Each year, grantees of the grants provided under this

19 Section must submit a written report to the Department that

20 sets forth the types of research that is conducted with the

21 grant moneys and the status of that research.

22 The Department shall promulgate rules for the creation of

23 a scientific review committee to review and assess

24 applications for the grants authorized under this Section. The

25 Committee shall serve without compensation.

26 Notwithstanding any other provision of law, on July 1,

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1 2025, or as soon thereafter as practical, the State

2 Comptroller shall direct and the State Treasurer shall

3 transfer the remaining balance from the Autism Research

4 Checkoff Fund into the Autism Awareness Fund. Upon completion

5 of the transfers, the Autism Research Checkoff Fund is

6 dissolved, and any future deposits due to that Fund and any

7 outstanding obligations or liabilities of that Fund shall pass

8 to the Autism Awareness Fund. This Section is repealed on

9 January 1, 2026.

10 (Source: P.A. 98-463, eff. 8-16-13.)

11 Section 10. The Rehabilitation of Persons with

12 Disabilities Act is amended by changing Sections 11 and 17 by

13 adding Section 11a as follows:

14 (20 ILCS 2405/11) (from Ch. 23, par. 3442)

15 Sec. 11. Illinois Center for Rehabilitation and

16 Education-Roosevelt. The Department shall operate and maintain

17 the Illinois Center for Rehabilitation and Education-Roosevelt

18 for the care and education of educable young adults with one or

19 more physical disabilities and provide in connection therewith

20 nursing and medical care and academic, occupational, and

21 related training to such young adults.

22 Any Illinois resident under the age of 22 years who is

23 educable but has such a severe physical disability as a result

24 of cerebral palsy, muscular dystrophy, spina bifida, or other

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1 cause that he or she is unable to take advantage of the system

2 of free education in the State of Illinois, may be admitted to

3 the Center or be entitled to services and facilities provided

4 hereunder. Young adults shall be admitted to the Center or be

5 eligible for such services and facilities only after diagnosis

6 according to procedures approved for this purpose. The

7 Department may avail itself of the services of other public or

8 private agencies in determining any young adult's eligibility

9 for admission to, or discharge from, the Center.

10 The Department may call upon other agencies of the State

11 for such services as they are equipped to render in the care of

12 young adults with one or more physical disabilities, and such

13 agencies are instructed to render those services which are

14 consistent with their legal and administrative

15 responsibilities.

16 (Source: P.A. 102-264, eff. 8-6-21.)

17 (20 ILCS 2405/11a new)

18 Sec. 11a. Illinois Center for Rehabilitation and

19 Education-Wood. The Department shall operate and maintain the

20 Illinois Center for Rehabilitation and Education-Wood for the

21 education of individuals who are blind, visually impaired, or

22 DeafBlind and are seeking competitive integrated employment.

23 Individuals who are blind, visually impaired, or DeafBlind

24 seeking services through the Illinois Center for

25 Rehabilitation and Education-Wood must meet all requirements

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1 set forth in 89 Ill. Adm. Code 730.

2 The Department may avail itself of the services of other

3 public or private agencies in determining eligibility for

4 admission to or discharge from the Illinois Center for

5 Rehabilitation and Education-Wood.

6 The Department may call upon other agencies of the State

7 for such services as they are equipped to render in the

8 education of individuals who are blind, visually impaired, or

9 DeafBlind seeking competitive integrated employment, and such

10 agencies are instructed to render those services which are

11 consistent with their legal and administrative

12 responsibilities.

13 (20 ILCS 2405/17) (from Ch. 23, par. 3448)

14 Sec. 17. Child Abuse and Neglect Reports.

15 (a) All applicants for employment at the Illinois School

16 for the Visually Impaired, the Illinois School for the Deaf,

17 the Illinois Center for the Rehabilitation and

18 Education-Roosevelt, and the Illinois Center for the

19 Rehabilitation and Education-Wood shall as a condition of

20 employment authorize, in writing on a form prescribed by the

21 Department of Children and Family Services, an investigation

22 of the Central Register, as defined in the Abused and

23 Neglected Child Reporting Act, to ascertain if the applicant

24 has been determined to be a perpetrator in an indicated report

25 of child abuse or neglect.

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1 (b) The information concerning a prospective employee

2 obtained by the Department shall be confidential and exempt

3 from public inspection and copying, as provided under Section

4 7 of The Freedom of Information Act, and the information shall

5 not be transmitted outside the Department, except as provided

6 in the Abused and Neglected Child Reporting Act, and shall not

7 be transmitted to anyone within the Department except as

8 needed for the purposes of evaluation of an application for

9 employment.

10 (Source: P.A. 88-172.)

11 Section 12. The School Code is amended by changing Section

12 14-8.02 as follows:

13 (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)

14 Sec. 14-8.02. Identification, evaluation, and placement of

15 children.

16 (a) The State Board of Education shall make rules under

17 which local school boards shall determine the eligibility of

18 children to receive special education. Such rules shall ensure

19 that a free appropriate public education be available to all

20 children with disabilities as defined in Section 14-1.02. The

21 State Board of Education shall require local school districts

22 to administer non-discriminatory procedures or tests to

23 English learners coming from homes in which a language other

24 than English is used to determine their eligibility to receive

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1 special education. The placement of low English proficiency

2 students in special education programs and facilities shall be

3 made in accordance with the test results reflecting the

4 student's linguistic, cultural and special education needs.

5 For purposes of determining the eligibility of children the

6 State Board of Education shall include in the rules

7 definitions of "case study", "staff conference",

8 "individualized educational program", and "qualified

9 specialist" appropriate to each category of children with

10 disabilities as defined in this Article. For purposes of

11 determining the eligibility of children from homes in which a

12 language other than English is used, the State Board of

13 Education shall include in the rules definitions for

14 "qualified bilingual specialists" and "linguistically and

15 culturally appropriate individualized educational programs".

16 For purposes of this Section, as well as Sections 14-8.02a,

17 14-8.02b, and 14-8.02c of this Code, "parent" means a parent

18 as defined in the federal Individuals with Disabilities

19 Education Act (20 U.S.C. 1401(23)).

20 (b) No child shall be eligible for special education

21 facilities except with a carefully completed case study fully

22 reviewed by professional personnel in a multidisciplinary

23 staff conference and only upon the recommendation of qualified

24 specialists or a qualified bilingual specialist, if available.

25 At the conclusion of the multidisciplinary staff conference,

26 the parent of the child and, if the child is in the legal

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1 custody of the Department of Children and Family Services, the

2 Department's Office of Education and Transition Services shall

3 be given a copy of the multidisciplinary conference summary

4 report and recommendations, which includes options considered,

5 and, in the case of the parent, be informed of his or her right

6 to obtain an independent educational evaluation if he or she

7 disagrees with the evaluation findings conducted or obtained

8 by the school district. If the school district's evaluation is

9 shown to be inappropriate, the school district shall reimburse

10 the parent for the cost of the independent evaluation. The

11 State Board of Education shall, with advice from the State

12 Advisory Council on Education of Children with Disabilities on

13 the inclusion of specific independent educational evaluators,

14 prepare a list of suggested independent educational

15 evaluators. The State Board of Education shall include on the

16 list clinical psychologists licensed pursuant to the Clinical

17 Psychologist Licensing Act. Such psychologists shall not be

18 paid fees in excess of the amount that would be received by a

19 school psychologist for performing the same services. The

20 State Board of Education shall supply school districts with

21 such list and make the list available to parents at their

22 request. School districts shall make the list available to

23 parents at the time they are informed of their right to obtain

24 an independent educational evaluation. However, the school

25 district may initiate an impartial due process hearing under

26 this Section within 5 days of any written parent request for an

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1 independent educational evaluation to show that its evaluation

2 is appropriate. If the final decision is that the evaluation

3 is appropriate, the parent still has a right to an independent

4 educational evaluation, but not at public expense. An

5 independent educational evaluation at public expense must be

6 completed within 30 days of a parent's written request unless

7 the school district initiates an impartial due process hearing

8 or the parent or school district offers reasonable grounds to

9 show that such 30-day time period should be extended. If the

10 due process hearing decision indicates that the parent is

11 entitled to an independent educational evaluation, it must be

12 completed within 30 days of the decision unless the parent or

13 the school district offers reasonable grounds to show that

14 such 30-day period should be extended. If a parent disagrees

15 with the summary report or recommendations of the

16 multidisciplinary conference or the findings of any

17 educational evaluation which results therefrom, the school

18 district shall not proceed with a placement based upon such

19 evaluation and the child shall remain in his or her regular

20 classroom setting. No child shall be eligible for admission to

21 a special class for children with a mental disability who are

22 educable or for children with a mental disability who are

23 trainable except with a psychological evaluation and

24 recommendation by a school psychologist. Consent shall be

25 obtained from the parent of a child before any evaluation is

26 conducted. If consent is not given by the parent or if the

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1 parent disagrees with the findings of the evaluation, then the

2 school district may initiate an impartial due process hearing

3 under this Section. The school district may evaluate the child

4 if that is the decision resulting from the impartial due

5 process hearing and the decision is not appealed or if the

6 decision is affirmed on appeal. The determination of

7 eligibility shall be made and the IEP meeting shall be

8 completed within 60 school days from the date of written

9 parental consent. In those instances when written parental

10 consent is obtained with fewer than 60 pupil attendance days

11 left in the school year, the eligibility determination shall

12 be made and the IEP meeting shall be completed prior to the

13 first day of the following school year. Special education and

14 related services must be provided in accordance with the

15 student's IEP no later than 10 school attendance days after

16 notice is provided to the parents pursuant to Section 300.503

17 of Title 34 of the Code of Federal Regulations and

18 implementing rules adopted by the State Board of Education.

19 The appropriate program pursuant to the individualized

20 educational program of students whose native tongue is a

21 language other than English shall reflect the special

22 education, cultural and linguistic needs. No later than

23 September 1, 1993, the State Board of Education shall

24 establish standards for the development, implementation and

25 monitoring of appropriate bilingual special individualized

26 educational programs. The State Board of Education shall

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1 further incorporate appropriate monitoring procedures to

2 verify implementation of these standards. The district shall

3 indicate to the parent, the State Board of Education, and, if

4 applicable, the Department's Office of Education and

5 Transition Services the nature of the services the child will

6 receive for the regular school term while awaiting placement

7 in the appropriate special education class. At the child's

8 initial IEP meeting and at each annual review meeting, the

9 child's IEP team shall provide the child's parent or guardian

10 and, if applicable, the Department's Office of Education and

11 Transition Services with a written notification that informs

12 the parent or guardian or the Department's Office of Education

13 and Transition Services that the IEP team is required to

14 consider whether the child requires assistive technology in

15 order to receive free, appropriate public education. The

16 notification must also include a toll-free telephone number

17 and internet address for the State's assistive technology

18 program.

19 If the child is deaf, hard of hearing, blind, or visually

20 impaired or has an orthopedic impairment or physical

21 disability and he or she might be eligible to receive services

22 from the Illinois School for the Deaf, the Illinois School for

23 the Visually Impaired, the Illinois Center for Rehabilitation

24 and Education-Wood, or the Illinois Center for Rehabilitation

25 and Education-Roosevelt, the school district shall notify the

26 parents, in writing, of the existence of these schools and the

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1 services they provide and shall make a reasonable effort to

2 inform the parents of the existence of other, local schools

3 that provide similar services and the services that these

4 other schools provide. This notification shall include,

5 without limitation, information on school services, school

6 admissions criteria, and school contact information.

7 In the development of the individualized education program

8 for a student who has a disability on the autism spectrum

9 (which includes autistic disorder, Asperger's disorder,

10 pervasive developmental disorder not otherwise specified,

11 childhood disintegrative disorder, and Rett Syndrome, as

12 defined in the Diagnostic and Statistical Manual of Mental

13 Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall

14 consider all of the following factors:

15 (1) The verbal and nonverbal communication needs of

16 the child.

17 (2) The need to develop social interaction skills and

18 proficiencies.

19 (3) The needs resulting from the child's unusual

20 responses to sensory experiences.

21 (4) The needs resulting from resistance to

22 environmental change or change in daily routines.

23 (5) The needs resulting from engagement in repetitive

24 activities and stereotyped movements.

25 (6) The need for any positive behavioral

26 interventions, strategies, and supports to address any

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1 behavioral difficulties resulting from autism spectrum

2 disorder.

3 (7) Other needs resulting from the child's disability

4 that impact progress in the general curriculum, including

5 social and emotional development.

6 Public Act 95-257 does not create any new entitlement to a

7 service, program, or benefit, but must not affect any

8 entitlement to a service, program, or benefit created by any

9 other law.

10 If the student may be eligible to participate in the

11 Home-Based Support Services Program for Adults with Mental

12 Disabilities authorized under the Developmental Disability and

13 Mental Disability Services Act upon becoming an adult, the

14 student's individualized education program shall include plans

15 for (i) determining the student's eligibility for those

16 home-based services, (ii) enrolling the student in the program

17 of home-based services, and (iii) developing a plan for the

18 student's most effective use of the home-based services after

19 the student becomes an adult and no longer receives special

20 educational services under this Article. The plans developed

21 under this paragraph shall include specific actions to be

22 taken by specified individuals, agencies, or officials.

23 (c) In the development of the individualized education

24 program for a student who is functionally blind, it shall be

25 presumed that proficiency in Braille reading and writing is

26 essential for the student's satisfactory educational progress.

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1 For purposes of this subsection, the State Board of Education

2 shall determine the criteria for a student to be classified as

3 functionally blind. Students who are not currently identified

4 as functionally blind who are also entitled to Braille

5 instruction include: (i) those whose vision loss is so severe

6 that they are unable to read and write at a level comparable to

7 their peers solely through the use of vision, and (ii) those

8 who show evidence of progressive vision loss that may result

9 in functional blindness. Each student who is functionally

10 blind shall be entitled to Braille reading and writing

11 instruction that is sufficient to enable the student to

12 communicate with the same level of proficiency as other

13 students of comparable ability. Instruction should be provided

14 to the extent that the student is physically and cognitively

15 able to use Braille. Braille instruction may be used in

16 combination with other special education services appropriate

17 to the student's educational needs. The assessment of each

18 student who is functionally blind for the purpose of

19 developing the student's individualized education program

20 shall include documentation of the student's strengths and

21 weaknesses in Braille skills. Each person assisting in the

22 development of the individualized education program for a

23 student who is functionally blind shall receive information

24 describing the benefits of Braille instruction. The

25 individualized education program for each student who is

26 functionally blind shall specify the appropriate learning

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1 medium or media based on the assessment report.

2 (d) To the maximum extent appropriate, the placement shall

3 provide the child with the opportunity to be educated with

4 children who do not have a disability; provided that children

5 with disabilities who are recommended to be placed into

6 regular education classrooms are provided with supplementary

7 services to assist the children with disabilities to benefit

8 from the regular classroom instruction and are included on the

9 teacher's regular education class register. Subject to the

10 limitation of the preceding sentence, placement in special

11 classes, separate schools or other removal of the child with a

12 disability from the regular educational environment shall

13 occur only when the nature of the severity of the disability is

14 such that education in the regular classes with the use of

15 supplementary aids and services cannot be achieved

16 satisfactorily. The placement of English learners with

17 disabilities shall be in non-restrictive environments which

18 provide for integration with peers who do not have

19 disabilities in bilingual classrooms. Annually, each January,

20 school districts shall report data on students from

21 non-English speaking backgrounds receiving special education

22 and related services in public and private facilities as

23 prescribed in Section 2-3.30. If there is a disagreement

24 between parties involved regarding the special education

25 placement of any child, either in-state or out-of-state, the

26 placement is subject to impartial due process procedures

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1 described in Article 10 of the Rules and Regulations to Govern

2 the Administration and Operation of Special Education.

3 (e) No child who comes from a home in which a language

4 other than English is the principal language used may be

5 assigned to any class or program under this Article until he

6 has been given, in the principal language used by the child and

7 used in his home, tests reasonably related to his cultural

8 environment. All testing and evaluation materials and

9 procedures utilized for evaluation and placement shall not be

10 linguistically, racially or culturally discriminatory.

11 (f) Nothing in this Article shall be construed to require

12 any child to undergo any physical examination or medical

13 treatment whose parents object thereto on the grounds that

14 such examination or treatment conflicts with his religious

15 beliefs.

16 (g) School boards or their designee shall provide to the

17 parents of a child or, if applicable, the Department of

18 Children and Family Services' Office of Education and

19 Transition Services prior written notice of any decision (a)

20 proposing to initiate or change, or (b) refusing to initiate

21 or change, the identification, evaluation, or educational

22 placement of the child or the provision of a free appropriate

23 public education to their child, and the reasons therefor. For

24 a parent, such written notification shall also inform the

25 parent of the opportunity to present complaints with respect

26 to any matter relating to the educational placement of the

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1 student, or the provision of a free appropriate public

2 education and to have an impartial due process hearing on the

3 complaint. The notice shall inform the parents in the parents'

4 native language, unless it is clearly not feasible to do so, of

5 their rights and all procedures available pursuant to this Act

6 and the federal Individuals with Disabilities Education

7 Improvement Act of 2004 (Public Law 108-446); it shall be the

8 responsibility of the State Superintendent to develop uniform

9 notices setting forth the procedures available under this Act

10 and the federal Individuals with Disabilities Education

11 Improvement Act of 2004 (Public Law 108-446) to be used by all

12 school boards. The notice shall also inform the parents of the

13 availability upon request of a list of free or low-cost legal

14 and other relevant services available locally to assist

15 parents in initiating an impartial due process hearing. The

16 State Superintendent shall revise the uniform notices required

17 by this subsection (g) to reflect current law and procedures

18 at least once every 2 years. Any parent who is deaf or does not

19 normally communicate using spoken English and who participates

20 in a meeting with a representative of a local educational

21 agency for the purposes of developing an individualized

22 educational program or attends a multidisciplinary conference

23 shall be entitled to the services of an interpreter. The State

24 Board of Education must adopt rules to establish the criteria,

25 standards, and competencies for a bilingual language

26 interpreter who attends an individualized education program

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1 meeting under this subsection to assist a parent who has

2 limited English proficiency.

3 (g-5) For purposes of this subsection (g-5), "qualified

4 professional" means an individual who holds credentials to

5 evaluate the child in the domain or domains for which an

6 evaluation is sought or an intern working under the direct

7 supervision of a qualified professional, including a master's

8 or doctoral degree candidate.

9 To ensure that a parent can participate fully and

10 effectively with school personnel in the development of

11 appropriate educational and related services for his or her

12 child, the parent, an independent educational evaluator, or a

13 qualified professional retained by or on behalf of a parent or

14 child must be afforded reasonable access to educational

15 facilities, personnel, classrooms, and buildings and to the

16 child as provided in this subsection (g-5). The requirements

17 of this subsection (g-5) apply to any public school facility,

18 building, or program and to any facility, building, or program

19 supported in whole or in part by public funds. Prior to

20 visiting a school, school building, or school facility, the

21 parent, independent educational evaluator, or qualified

22 professional may be required by the school district to inform

23 the building principal or supervisor in writing of the

24 proposed visit, the purpose of the visit, and the approximate

25 duration of the visit. The visitor and the school district

26 shall arrange the visit or visits at times that are mutually

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1 agreeable. Visitors shall comply with school safety, security,

2 and visitation policies at all times. School district

3 visitation policies must not conflict with this subsection

4 (g-5). Visitors shall be required to comply with the

5 requirements of applicable privacy laws, including those laws

6 protecting the confidentiality of education records such as

7 the federal Family Educational Rights and Privacy Act and the

8 Illinois School Student Records Act. The visitor shall not

9 disrupt the educational process.

10 (1) A parent must be afforded reasonable access of

11 sufficient duration and scope for the purpose of observing

12 his or her child in the child's current educational

13 placement, services, or program or for the purpose of

14 visiting an educational placement or program proposed for

15 the child.

16 (2) An independent educational evaluator or a

17 qualified professional retained by or on behalf of a

18 parent or child must be afforded reasonable access of

19 sufficient duration and scope for the purpose of

20 conducting an evaluation of the child, the child's

21 performance, the child's current educational program,

22 placement, services, or environment, or any educational

23 program, placement, services, or environment proposed for

24 the child, including interviews of educational personnel,

25 child observations, assessments, tests or assessments of

26 the child's educational program, services, or placement or

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1 of any proposed educational program, services, or

2 placement. If one or more interviews of school personnel

3 are part of the evaluation, the interviews must be

4 conducted at a mutually agreed-upon time, date, and place

5 that do not interfere with the school employee's school

6 duties. The school district may limit interviews to

7 personnel having information relevant to the child's

8 current educational services, program, or placement or to

9 a proposed educational service, program, or placement.

10 (h) In the development of the individualized education

11 program or federal Section 504 plan for a student, if the

12 student needs extra accommodation during emergencies,

13 including natural disasters or an active shooter situation,

14 then that accommodation shall be taken into account when

15 developing the student's individualized education program or

16 federal Section 504 plan.

17 (Source: P.A. 102-199, eff. 7-1-22; 102-264, eff. 8-6-21;

18 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1072, eff.

19 6-10-22; 103-197, eff. 1-1-24; 103-605, eff. 7-1-24.)

20 Section 15. The Community-Integrated Living Arrangements

21 Licensure and Certification Act is amended by changing

22 Sections 2, 3, 4, 6, 8, and 10, as follows:

23 (210 ILCS 135/2) (from Ch. 91 1/2, par. 1702)

24 Sec. 2. The purpose of this Act is to promote the operation

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1 of community-integrated living arrangements for the

2 supervision of persons ~~with mental illness and persons~~ with a

3 developmental disability by licensing community ~~mental health~~

4 ~~or~~ developmental services agencies to provide an array of

5 community-integrated living arrangements for such individuals.

6 These community-integrated living arrangements are intended to

7 promote independence in daily living and economic

8 self-sufficiency. The licensed community ~~mental health or~~

9 developmental services agencies in turn shall be required to

10 certify to the Department that the programs and placements

11 provided in the community-integrated living arrangements

12 comply with this Act, the Mental Health and Developmental

13 Disabilities Code, and applicable Department rules and

14 regulations.

15 (Source: P.A. 88-380.)

16 (210 ILCS 135/3) (from Ch. 91 1/2, par. 1703)

17 Sec. 3. As used in this Act, unless the context requires

18 otherwise:

19 (a) "Applicant" means a person, group of persons,

20 association, partnership or corporation that applies for a

21 license as a community ~~mental health or~~ developmental services

22 agency under this Act.

23 (b) "Community ~~mental health or~~ developmental services

24 agency" or "agency" means a public or private agency,

25 association, partnership, corporation or organization which,

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1 pursuant to this Act, certifies community-integrated living

2 arrangements for ~~persons with mental illness or~~ persons with a

3 developmental disability.

4 (c) "Department" means the Department of Human Services

5 (as successor to the Department of Mental Health and

6 Developmental Disabilities).

7 (d) "Community-integrated living arrangement" means a

8 living arrangement certified by a community ~~mental health or~~

9 developmental services agency under this Act where 8 or fewer

10 recipients ~~with mental illness or recipients~~ with a

11 developmental disability who reside under the supervision of

12 the agency. Examples of community-integrated living

13 arrangements include but are not limited to the following:

14 (1) "Adult foster care", a living arrangement for

15 recipients in residences of families unrelated to them,

16 for the purpose of providing family care for the

17 recipients on a full-time basis;

18 (2) "Assisted residential care", an independent living

19 arrangement where recipients are intermittently supervised

20 by off-site staff;

21 (3) "Crisis residential care", a non-medical living

22 arrangement where recipients in need of non-medical,

23 crisis services are supervised by on-site staff 24 hours a

24 day;

25 (4) "Home individual programs", living arrangements

26 for 2 unrelated adults outside the family home;

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1 (5) "Supported residential care", a living arrangement

2 where recipients are supervised by on-site staff and such

3 supervision is provided less than 24 hours a day;

4 (6) "Community residential alternatives", as defined

5 in the Community Residential Alternatives Licensing Act;

6 and

7 (7) "Special needs trust-supported residential care",

8 a living arrangement where recipients are supervised by

9 on-site staff and that supervision is provided 24 hours

10 per day or less, as dictated by the needs of the

11 recipients, and determined by service providers. As used

12 in this item (7), "special needs trust" means a trust for

13 the benefit of a beneficiary with a disability as

14 described in Section 1213 of the Illinois Trust Code.

15 (e) "Recipient" means a person who has received, is

16 receiving, or is in need of treatment or habilitation as those

17 terms are defined in the Mental Health and Developmental

18 Disabilities Code.

19 (f) "Unrelated" means that persons residing together in

20 programs or placements certified by a community ~~mental health~~

21 ~~or~~ developmental services agency under this Act do not have

22 any of the following relationships by blood, marriage or

23 adoption: parent, son, daughter, brother, sister, grandparent,

24 uncle, aunt, nephew, niece, great grandparent, great uncle,

25 great aunt, stepbrother, stepsister, stepson, stepdaughter,

26 stepparent or first cousin.

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1 (Source: P.A. 101-48, eff. 1-1-20.)

2 (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)

3 Sec. 4. (a) Any community ~~mental health or~~ developmental

4 services agency who wishes to develop and support a variety of

5 community-integrated living arrangements may do so pursuant to

6 a license issued by the Department under this Act. However,

7 programs established under or otherwise subject to the Child

8 Care Act of 1969, the Nursing Home Care Act, the Specialized

9 Mental Health Rehabilitation Act of 2013, the ID/DD Community

10 Care Act, or the MC/DD Act, as now or hereafter amended, shall

11 remain subject thereto, and this Act shall not be construed to

12 limit the application of those Acts.

13 (b) The system of licensure established under this Act

14 shall be for the purposes of:

15 (1) ensuring that all recipients residing in

16 community-integrated living arrangements are receiving

17 appropriate community-based services, including

18 treatment, training and habilitation or rehabilitation;

19 (2) ensuring that recipients' rights are protected and

20 that all programs provided to and placements arranged for

21 recipients comply with this Act, the Mental Health and

22 Developmental Disabilities Code, and applicable Department

23 rules and regulations;

24 (3) maintaining the integrity of communities by

25 requiring regular monitoring and inspection of placements

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1 and other services provided in community-integrated living

2 arrangements.

3 The licensure system shall be administered by a quality

4 assurance unit within the Department which shall be

5 administratively independent of units responsible for funding

6 of agencies or community services.

7 (c) As a condition of being licensed by the Department as a

8 community ~~mental health or~~ developmental services agency under

9 this Act, the agency shall certify to the Department that:

10 (1) all recipients residing in community-integrated

11 living arrangements are receiving appropriate

12 community-based services, including treatment, training

13 and habilitation or rehabilitation;

14 (2) all programs provided to and placements arranged

15 for recipients are supervised by the agency; and

16 (3) all programs provided to and placements arranged

17 for recipients comply with this Act, the Mental Health and

18 Developmental Disabilities Code, and applicable Department

19 rules and regulations.

20 (c-5) Each developmental services agency licensed under

21 this Act shall submit an annual report to the Department, as a

22 contractual requirement between the Department and the

23 developmental services agency, certifying that all

24 legislatively or administratively mandated wage increases to

25 benefit workers are passed through in accordance with the

26 legislative or administrative mandate. The Department shall

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1 determine the manner and form of the annual report.

2 (d) An applicant for licensure as a community ~~mental~~

3 ~~health or~~ developmental services agency under this Act shall

4 submit an application pursuant to the application process

5 established by the Department by rule and shall pay an

6 application fee in an amount established by the Department,

7 which amount shall not be more than $200.

8 (e) If an applicant meets the requirements established by

9 the Department to be licensed as a community ~~mental health or~~

10 developmental services agency under this Act, after payment of

11 the licensing fee, the Department shall issue a license valid

12 for 3 years from the date thereof unless suspended or revoked

13 by the Department or voluntarily surrendered by the agency.

14 (f) Upon application to the Department, the Department may

15 issue a temporary permit to an applicant for up to a 2-year

16 period to allow the holder of such permit reasonable time to

17 become eligible for a license under this Act.

18 (g)(1) The Department may conduct site visits to an agency

19 licensed under this Act, or to any program or placement

20 certified by the agency, and inspect the records or premises,

21 or both, of such agency, program or placement as it deems

22 appropriate, for the purpose of determining compliance with

23 this Act, the Mental Health and Developmental Disabilities

24 Code, and applicable Department rules and regulations. The

25 Department shall conduct inspections of the records and

26 premises of each community-integrated living arrangement

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1 certified under this Act at least once every 2 years.

2 (2) If the Department determines that an agency licensed

3 under this Act is not in compliance with this Act or the rules

4 and regulations promulgated under this Act, the Department

5 shall serve a notice of violation upon the licensee. Each

6 notice of violation shall be prepared in writing and shall

7 specify the nature of the violation, the statutory provision

8 or rule alleged to have been violated, and that the licensee

9 submit a plan of correction to the Department if required. The

10 notice shall also inform the licensee of any other action

11 which the Department might take pursuant to this Act and of the

12 right to a hearing.

13 (g-5) As determined by the Department, a disproportionate

14 number or percentage of licensure complaints; a

15 disproportionate number or percentage of substantiated cases

16 of abuse, neglect, or exploitation involving an agency; an

17 apparent unnatural death of an individual served by an agency;

18 any egregious or life-threatening abuse or neglect within an

19 agency; or any other significant event as determined by the

20 Department shall initiate a review of the agency's license by

21 the Department, as well as a review of its service agreement

22 for funding. The Department shall adopt rules to establish the

23 process by which the determination to initiate a review shall

24 be made and the timeframe to initiate a review upon the making

25 of such determination.

26 (h) Upon the expiration of any license issued under this

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1 Act, a license renewal application shall be required of and a

2 license renewal fee in an amount established by the Department

3 shall be charged to a community ~~mental health or~~ developmental

4 services agency, provided that such fee shall not be more than

5 $200.

6 (i) A public or private agency, association, partnership,

7 corporation, or organization that has had a license revoked

8 under subsection (b) of Section 6 of this Act may not apply for

9 or possess a license under a different name.

10 (Source: P.A. 102-944, eff. 1-1-23.)

11 (210 ILCS 135/6) (from Ch. 91 1/2, par. 1706)

12 Sec. 6. (a) The Department shall deny an application for a

13 license, or revoke or refuse to renew the license of a

14 community ~~mental health or~~ developmental services agency, or

15 refuse to issue a license to the holder of a temporary permit,

16 if the Department determines that the applicant, agency or

17 permit holder has not complied with a provision of this Act,

18 the Mental Health and Developmental Disabilities Code, or

19 applicable Department rules and regulations. Specific grounds

20 for denial or revocation of a license, or refusal to renew a

21 license or to issue a license to the holder of a temporary

22 permit, shall include but not be limited to:

23 (1) Submission of false information either on

24 Department licensure forms or during an inspection;

25 (2) Refusal to allow an inspection to occur;

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1 (3) Violation of this Act or rules and regulations

2 promulgated under this Act;

3 (4) Violation of the rights of a recipient;

4 (5) Failure to submit or implement a plan of

5 correction within the specified time period; or

6 (6) Failure to submit a workplace violence prevention

7 plan in compliance with the Health Care Workplace Violence

8 Prevention Act.

9 (b) If the Department determines that the operation of a

10 community ~~mental health or~~ developmental services agency or

11 one or more of the programs or placements certified by the

12 agency under this Act jeopardizes the health, safety or

13 welfare of the recipients served by the agency, the Department

14 may immediately revoke the agency's license and may direct the

15 agency to withdraw recipients from any such program or

16 placement. If an agency's license is revoked under this

17 subsection, then the Department or the Department's agents

18 shall have unimpeded, immediate, and full access to the

19 recipients served by that agency and the recipients'

20 medications, records, and personal possessions in order to

21 ensure a timely, safe, and smooth transition of those

22 individuals from the program or placement.

23 (c) Upon revocation of an agency's license under

24 subsection (b) of this Section, the agency shall continue

25 providing for the health, safety, and welfare of the

26 individuals that the agency was serving at the time the

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1 agency's license was revoked during the period of transition.

2 The private, not-for-profit corporation designated by the

3 Governor to administer the State plan to protect and advocate

4 for the rights of persons with developmental disabilities

5 under Section 1 of the Protection and Advocacy for Persons

6 with Developmental Disabilities Act, contingent on State

7 funding from the Department, shall have unimpeded, immediate,

8 and full access to recipients and recipients' guardians to

9 inform them of the recipients' and recipients' guardians'

10 rights and options during the revocation and transition

11 process.

12 (d) The Office of Inspector General of the Department of

13 Human Services shall continue to have jurisdiction over an

14 agency and the individuals it served at the time the agency's

15 license was revoked for up to one year after the date that the

16 license was revoked.

17 (Source: P.A. 100-313, eff. 8-24-17.)

18 (210 ILCS 135/8) (from Ch. 91 1/2, par. 1708)

19 Sec. 8. (a) Any community ~~mental health or~~ developmental

20 services agency that continues to operate after its license is

21 revoked under this Act, or after its license expires and the

22 Department refuses to renew the license, is guilty of a

23 business offense and shall be fined an amount in excess of $500

24 but not exceeding $2,000, and each day of violation is a

25 separate offense. All fines shall be paid to the Mental Health

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1 Fund.

2 (b) Whenever the Department is advised or has reason to

3 believe that any person, group of persons, association,

4 partnership or corporation is operating an agency without a

5 license or permit in violation of this Act, the Department may

6 investigate to ascertain the facts, may notify the person or

7 other entity that he is in violation of this Act, and may make

8 referrals to appropriate investigatory or law enforcement

9 agencies. Any person, group of persons, association,

10 partnership or corporation who continues to operate a

11 community ~~mental health or~~ developmental services agency as

12 defined in subsection (b) of Section 3 of this Act without a

13 license or temporary permit issued by the Department, after

14 receiving notice from the Department that such operation is in

15 violation of this Act, shall be guilty of a business offense

16 and shall be fined an amount in excess of $500 but not

17 exceeding $2,000, and each day of operation after receiving

18 such notice is a separate offense. All fines shall be paid to

19 the Mental Health Fund.

20 (Source: P.A. 85-1250.)

21 (210 ILCS 135/10) (from Ch. 91 1/2, par. 1710)

22 Sec. 10. Community integration.

23 (a) Community-integrated living arrangements shall be

24 located so as to enable residents to participate in and be

25 integrated into their community or neighborhood. The location

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1 of such arrangements shall promote community integration of

2 persons with developmental ~~mental~~ disabilities.

3 (b) Beginning January 1, 1990, no Department of State

4 government, as defined in the Civil Administrative Code of

5 Illinois, shall place any person in or utilize any services of

6 a community-integrated living arrangement which is not

7 certified by an agency under this Act.

8 (Source: P.A. 100-602, eff. 7-13-18.)

9 Section 20. The Health Care Worker Background Check Act is

10 amended by changing Section 15 as follows:

11 (225 ILCS 46/15)

12 Sec. 15. Definitions. In this Act:

13 "Applicant" means an individual enrolling in a training

14 program, seeking employment, whether paid or on a volunteer

15 basis, with a health care employer who has received a bona fide

16 conditional offer of employment.

17 "Conditional offer of employment" means a bona fide offer

18 of employment by a health care employer to an applicant, which

19 is contingent upon the receipt of a report from the Department

20 of Public Health indicating that the applicant does not have a

21 record of conviction of any of the criminal offenses

22 enumerated in Section 25.

23 "Department" means the Department of Public Health.

24 "Direct care" means the provision of nursing care or

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1 assistance with feeding, dressing, movement, bathing,

2 toileting, or other personal needs, including home services as

3 defined in the Home Health, Home Services, and Home Nursing

4 Agency Licensing Act.

5 The entity responsible for inspecting and licensing,

6 certifying, or registering the health care employer may, by

7 administrative rule, prescribe guidelines for interpreting

8 this definition with regard to the health care employers that

9 it licenses.

10 "Director" means the Director of Public Health.

11 "Disqualifying offenses" means those offenses set forth in

12 Section 25 of this Act.

13 "Employee" means any individual hired, employed, or

14 retained, whether paid or on a volunteer basis, to which this

15 Act applies.

16 "Finding" means the Department's determination of whether

17 an allegation is verified and substantiated.

18 "Fingerprint-based criminal history records check" means a

19 livescan fingerprint-based criminal history records check

20 submitted as a fee applicant inquiry in the form and manner

21 prescribed by the Illinois State Police.

22 "Health care employer" means:

23 (1) the owner or licensee of any of the following:

24 (i) a community living facility, as defined in the

25 Community Living Facilities Licensing Act;

26 (ii) a life care facility, as defined in the Life

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1 Care Facilities Act;

2 (iii) a long-term care facility;

3 (iv) a home health agency, home services agency,

4 or home nursing agency as defined in the Home Health,

5 Home Services, and Home Nursing Agency Licensing Act;

6 (v) a hospice care program or volunteer hospice

7 program, as defined in the Hospice Program Licensing

8 Act;

9 (vi) a hospital, as defined in the Hospital

10 Licensing Act;

11 (vii) (blank);

12 (viii) a nurse agency, as defined in the Nurse

13 Agency Licensing Act;

14 (ix) a respite care provider, as defined in the

15 Respite Program Act;

16 (ix-a) an establishment licensed under the

17 Assisted Living and Shared Housing Act;

18 (x) a supportive living program, as defined in the

19 Illinois Public Aid Code;

20 (xi) early childhood intervention programs as

21 described in 59 Ill. Adm. Code 121;

22 (xii) the University of Illinois Hospital,

23 Chicago;

24 (xiii) programs funded by the Department on Aging

25 through the Community Care Program;

26 (xiv) programs certified to participate in the

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1 Supportive Living Program authorized pursuant to

2 Section 5-5.01a of the Illinois Public Aid Code;

3 (xv) programs listed by the Emergency Medical

4 Services (EMS) Systems Act as Freestanding Emergency

5 Centers;

6 (xvi) locations licensed under the Alternative

7 Health Care Delivery Act;

8 (2) a day training program certified by the Department

9 of Human Services;

10 (3) a community integrated living arrangement operated

11 by a community ~~mental health and~~ developmental service

12 agency, as defined in the Community-Integrated Living

13 Arrangements Licensure and Certification Act;

14 (4) the State Long Term Care Ombudsman Program,

15 including any regional long term care ombudsman programs

16 under Section 4.04 of the Illinois Act on the Aging, only

17 for the purpose of securing background checks;

18 (5) the Department of Corrections or a third-party

19 vendor employing certified nursing assistants working with

20 the Department of Corrections;

21 (6) a financial management services entity contracted

22 with the Department of Human Services, Division of

23 Developmental Disabilities, which is not the employer of

24 personal support workers but supports individuals

25 receiving participant directed services, to administer the

26 individuals' employer authority. A financial management

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1 services entity assists participants in completing

2 background check requirements, collecting and processing

3 time sheets for support workers, and processing payroll,

4 withholding, filing, and payment of applicable federal,

5 State, and local employment-related taxes and insurance;

6 or

7 (7) a Comprehensive Community Mental Health Center

8 certified by the Department of Human Services.

9 "Initiate" means obtaining from a student, applicant, or

10 employee his or her social security number, demographics, a

11 disclosure statement, and an authorization for the Department

12 of Public Health or its designee to request a

13 fingerprint-based criminal history records check; transmitting

14 this information electronically to the Department of Public

15 Health; conducting Internet searches on certain web sites,

16 including without limitation the Illinois Sex Offender

17 Registry, the Department of Corrections' Sex Offender Search

18 Engine, the Department of Corrections' Inmate Search Engine,

19 the Department of Corrections Wanted Fugitives Search Engine,

20 the National Sex Offender Public Registry, and the List of

21 Excluded Individuals and Entities database on the website of

22 the Health and Human Services Office of Inspector General to

23 determine if the applicant has been adjudicated a sex

24 offender, has been a prison inmate, or has committed Medicare

25 or Medicaid fraud, or conducting similar searches as defined

26 by rule; and having the student, applicant, or employee's

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1 fingerprints collected and transmitted electronically to the

2 Illinois State Police.

3 "Livescan vendor" means an entity whose equipment has been

4 certified by the Illinois State Police to collect an

5 individual's demographics and inkless fingerprints and, in a

6 manner prescribed by the Illinois State Police and the

7 Department of Public Health, electronically transmit the

8 fingerprints and required data to the Illinois State Police

9 and a daily file of required data to the Department of Public

10 Health. The Department of Public Health shall negotiate a

11 contract with one or more vendors that effectively demonstrate

12 that the vendor has 2 or more years of experience transmitting

13 fingerprints electronically to the Illinois State Police and

14 that the vendor can successfully transmit the required data in

15 a manner prescribed by the Department of Public Health. Vendor

16 authorization may be further defined by administrative rule.

17 "Long-term care facility" means a facility licensed by the

18 State or certified under federal law as a long-term care

19 facility, including without limitation facilities licensed

20 under the Nursing Home Care Act, the Specialized Mental Health

21 Rehabilitation Act of 2013, the ID/DD Community Care Act, or

22 the MC/DD Act, a supportive living facility, an assisted

23 living establishment, or a shared housing establishment or

24 registered as a board and care home.

25 "Resident" means a person, individual, or patient under

26 the direct care of a health care employer or who has been

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1 provided goods or services by a health care employer.

2 (Source: P.A. 102-226, eff. 7-30-21; 102-503, eff. 8-20-21;

3 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-303, eff.

4 1-1-24; 103-1032, eff. 1-1-25.)

5 Section 23. The Department of Early Childhood Act is

6 amended by changing Section 10-65 as follows:

7 (325 ILCS 3/10-65)

8 Sec. 10-65. Individualized Family Service Plans.

9 (a) Each eligible infant or toddler and that infant's or

10 toddler's family shall receive:

11 (1) timely, comprehensive, multidisciplinary

12 assessment of the unique strengths and needs of each

13 eligible infant and toddler, and assessment of the

14 concerns and priorities of the families to appropriately

15 assist them in meeting their needs and identify supports

16 and services to meet those needs; and

17 (2) a written Individualized Family Service Plan

18 developed by a multidisciplinary team which includes the

19 parent or guardian. The individualized family service plan

20 shall be based on the multidisciplinary team's assessment

21 of the resources, priorities, and concerns of the family

22 and its identification of the supports and services

23 necessary to enhance the family's capacity to meet the

24 developmental needs of the infant or toddler, and shall

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1 include the identification of services appropriate to meet

2 those needs, including the frequency, intensity, and

3 method of delivering services. During and as part of the

4 initial development of the individualized family services

5 plan, and any periodic reviews of the plan, the

6 multidisciplinary team may seek consultation from the lead

7 agency's designated experts, if any, to help determine

8 appropriate services and the frequency and intensity of

9 those services. All services in the individualized family

10 services plan must be justified by the multidisciplinary

11 assessment of the unique strengths and needs of the infant

12 or toddler and must be appropriate to meet those needs. At

13 the periodic reviews, the team shall determine whether

14 modification or revision of the outcomes or services is

15 necessary.

16 (b) The Individualized Family Service Plan shall be

17 evaluated once a year and the family shall be provided a review

18 of the Plan at 6-month intervals or more often where

19 appropriate based on infant or toddler and family needs. The

20 lead agency shall create a quality review process regarding

21 Individualized Family Service Plan development and changes

22 thereto, to monitor and help ensure that resources are being

23 used to provide appropriate early intervention services.

24 (c) The initial evaluation and initial assessment and

25 initial Plan meeting must be held within 45 days after the

26 initial contact with the early intervention services system.

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1 The 45-day timeline does not apply for any period when the

2 child or parent is unavailable to complete the initial

3 evaluation, the initial assessments of the child and family,

4 or the initial Plan meeting, due to exceptional family

5 circumstances that are documented in the child's early

6 intervention records, or when the parent has not provided

7 consent for the initial evaluation or the initial assessment

8 of the child despite documented, repeated attempts to obtain

9 parental consent. As soon as exceptional family circumstances

10 no longer exist or parental consent has been obtained, the

11 initial evaluation, the initial assessment, and the initial

12 Plan meeting must be completed as soon as possible. With

13 parental consent, early intervention services may commence

14 before the completion of the comprehensive assessment and

15 development of the Plan. All early intervention services shall

16 be initiated as soon as possible but not later than 30 calendar

17 days after the consent of the parent or guardian has been

18 obtained for the individualized family service plan, in

19 accordance with rules adopted by the lead agency.

20 (d) Parents must be informed that early intervention

21 services shall be provided to each eligible infant and

22 toddler, to the maximum extent appropriate, in the natural

23 environment, which may include the home or other community

24 settings. Parents must also be informed of the availability of

25 early intervention services provided through telehealth

26 services. Parents shall make the final decision to accept or

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1 decline early intervention services, including whether

2 accepted services are delivered in person or via telehealth

3 services. A decision to decline such services shall not be a

4 basis for administrative determination of parental fitness, or

5 other findings or sanctions against the parents. Parameters of

6 the Plan shall be set forth in rules.

7 (e) The regional intake offices shall explain to each

8 family, orally and in writing, all of the following:

9 (1) That the early intervention program will pay for

10 all early intervention services set forth in the

11 individualized family service plan that are not covered or

12 paid under the family's public or private insurance plan

13 or policy and not eligible for payment through any other

14 third party payor.

15 (2) That services will not be delayed due to any rules

16 or restrictions under the family's insurance plan or

17 policy.

18 (3) That the family may request, with appropriate

19 documentation supporting the request, a determination of

20 an exemption from private insurance use under Section

21 10-100.

22 (4) That responsibility for co-payments or

23 co-insurance under a family's private insurance plan or

24 policy will be transferred to the lead agency's central

25 billing office.

26 (5) That families will be responsible for payments of

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1 family fees, which will be based on a sliding scale

2 according to the State's definition of ability to pay

3 which is comparing household size and income to the

4 sliding scale and considering out-of-pocket medical or

5 disaster expenses, and that these fees are payable to the

6 central billing office. Families who fail to provide

7 income information shall be charged the maximum amount on

8 the sliding scale.

9 (f) The individualized family service plan must state

10 whether the family has private insurance coverage and, if the

11 family has such coverage, must have attached to it a copy of

12 the family's insurance identification card or otherwise

13 include all of the following information:

14 (1) The name, address, and telephone number of the

15 insurance carrier.

16 (2) The contract number and policy number of the

17 insurance plan.

18 (3) The name, address, and social security number of

19 the primary insured.

20 (4) The beginning date of the insurance benefit year.

21 (g) A copy of the individualized family service plan must

22 be provided to each enrolled provider who is providing early

23 intervention services to the child who is the subject of that

24 plan.

25 (h) Children receiving services under this Act shall

26 receive a smooth and effective transition by their third

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1 birthday consistent with federal regulations adopted pursuant

2 to Sections 1431 through 1444 of Title 20 of the United States

3 Code. On and after the effective date of this amendatory Act of

4 the 104th General Assembly ~~Beginning January 1, 2022~~, children

5 who receive early intervention services prior to their third

6 birthday, who have been found eligible for early childhood

7 special education services under the Individuals with

8 Disabilities Education Act, 20 U.S.C. 1414(d)(1)(A), and this

9 Section, who have an individualized education program

10 developed ~~and are found eligible for an individualized~~

11 ~~education program~~ under the Individuals with Disabilities

12 Education Act~~, 20 U.S.C. 1414(d)(1)(A),~~ and under Section

13 14-8.02 of the School Code, and whose birthday falls between

14 May 1 and August 31 may continue to receive early intervention

15 services until the beginning of the school year following

16 their third birthday in order to minimize gaps in services,

17 ensure better continuity of care, and align practices for the

18 enrollment of preschool children with special needs to the

19 enrollment practices of typically developing preschool

20 children.

21 (Source: P.A. 103-594, eff. 6-25-24.)

22 Section 25. The Early Intervention Services System Act is

23 amended by changing Section 11 as follows:

24 (325 ILCS 20/11) (from Ch. 23, par. 4161)

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1 (Section scheduled to be repealed on July 1, 2026)

2 Sec. 11. Individualized Family Service Plans.

3 (a) Each eligible infant or toddler and that infant's or

4 toddler's family shall receive:

5 (1) timely, comprehensive, multidisciplinary

6 assessment of the unique strengths and needs of each

7 eligible infant and toddler, and assessment of the

8 concerns and priorities of the families to appropriately

9 assist them in meeting their needs and identify supports

10 and services to meet those needs; and

11 (2) a written Individualized Family Service Plan

12 developed by a multidisciplinary team which includes the

13 parent or guardian. The individualized family service plan

14 shall be based on the multidisciplinary team's assessment

15 of the resources, priorities, and concerns of the family

16 and its identification of the supports and services

17 necessary to enhance the family's capacity to meet the

18 developmental needs of the infant or toddler, and shall

19 include the identification of services appropriate to meet

20 those needs, including the frequency, intensity, and

21 method of delivering services. During and as part of the

22 initial development of the individualized family services

23 plan, and any periodic reviews of the plan, the

24 multidisciplinary team may seek consultation from the lead

25 agency's designated experts, if any, to help determine

26 appropriate services and the frequency and intensity of

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1 those services. All services in the individualized family

2 services plan must be justified by the multidisciplinary

3 assessment of the unique strengths and needs of the infant

4 or toddler and must be appropriate to meet those needs. At

5 the periodic reviews, the team shall determine whether

6 modification or revision of the outcomes or services is

7 necessary.

8 (b) The Individualized Family Service Plan shall be

9 evaluated once a year and the family shall be provided a review

10 of the Plan at 6-month intervals or more often where

11 appropriate based on infant or toddler and family needs. The

12 lead agency shall create a quality review process regarding

13 Individualized Family Service Plan development and changes

14 thereto, to monitor and help ensure that resources are being

15 used to provide appropriate early intervention services.

16 (c) The initial evaluation and initial assessment and

17 initial Plan meeting must be held within 45 days after the

18 initial contact with the early intervention services system.

19 The 45-day timeline does not apply for any period when the

20 child or parent is unavailable to complete the initial

21 evaluation, the initial assessments of the child and family,

22 or the initial Plan meeting, due to exceptional family

23 circumstances that are documented in the child's early

24 intervention records, or when the parent has not provided

25 consent for the initial evaluation or the initial assessment

26 of the child despite documented, repeated attempts to obtain

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1 parental consent. As soon as exceptional family circumstances

2 no longer exist or parental consent has been obtained, the

3 initial evaluation, the initial assessment, and the initial

4 Plan meeting must be completed as soon as possible. With

5 parental consent, early intervention services may commence

6 before the completion of the comprehensive assessment and

7 development of the Plan. All early intervention services shall

8 be initiated as soon as possible but not later than 30 calendar

9 days after the consent of the parent or guardian has been

10 obtained for the individualized family service plan, in

11 accordance with rules adopted by the Department of Human

12 Services.

13 (d) Parents must be informed that early intervention

14 services shall be provided to each eligible infant and

15 toddler, to the maximum extent appropriate, in the natural

16 environment, which may include the home or other community

17 settings. Parents must also be informed of the availability of

18 early intervention services provided through telehealth

19 services. Parents shall make the final decision to accept or

20 decline early intervention services, including whether

21 accepted services are delivered in person or via telehealth

22 services. A decision to decline such services shall not be a

23 basis for administrative determination of parental fitness, or

24 other findings or sanctions against the parents. Parameters of

25 the Plan shall be set forth in rules.

26 (e) The regional intake offices shall explain to each

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1 family, orally and in writing, all of the following:

2 (1) That the early intervention program will pay for

3 all early intervention services set forth in the

4 individualized family service plan that are not covered or

5 paid under the family's public or private insurance plan

6 or policy and not eligible for payment through any other

7 third party payor.

8 (2) That services will not be delayed due to any rules

9 or restrictions under the family's insurance plan or

10 policy.

11 (3) That the family may request, with appropriate

12 documentation supporting the request, a determination of

13 an exemption from private insurance use under Section

14 13.25.

15 (4) That responsibility for co-payments or

16 co-insurance under a family's private insurance plan or

17 policy will be transferred to the lead agency's central

18 billing office.

19 (5) That families will be responsible for payments of

20 family fees, which will be based on a sliding scale

21 according to the State's definition of ability to pay

22 which is comparing household size and income to the

23 sliding scale and considering out-of-pocket medical or

24 disaster expenses, and that these fees are payable to the

25 central billing office. Families who fail to provide

26 income information shall be charged the maximum amount on

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1 the sliding scale.

2 (f) The individualized family service plan must state

3 whether the family has private insurance coverage and, if the

4 family has such coverage, must have attached to it a copy of

5 the family's insurance identification card or otherwise

6 include all of the following information:

7 (1) The name, address, and telephone number of the

8 insurance carrier.

9 (2) The contract number and policy number of the

10 insurance plan.

11 (3) The name, address, and social security number of

12 the primary insured.

13 (4) The beginning date of the insurance benefit year.

14 (g) A copy of the individualized family service plan must

15 be provided to each enrolled provider who is providing early

16 intervention services to the child who is the subject of that

17 plan.

18 (h) Children receiving services under this Act shall

19 receive a smooth and effective transition by their third

20 birthday consistent with federal regulations adopted pursuant

21 to Sections 1431 through 1444 of Title 20 of the United States

22 Code. On and after the effective date of this amendatory Act of

23 the 104th General Assembly ~~Beginning January 1, 2022~~, children

24 who receive early intervention services prior to their third

25 birthday, who have been found eligible for early childhood

26 special education services under the Individuals with

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1 Disabilities Education Act, 20 U.S.C. 1414(d)(1)(A), and this

2 Section, who have an individualized education program

3 developed ~~and are found eligible for an individualized~~

4 ~~education program~~ under the Individuals with Disabilities

5 Education Act~~, 20 U.S.C. 1414(d)(1)(A),~~ and under Section

6 14-8.02 of the School Code, and whose birthday falls between

7 May 1 and August 31 may continue to receive early intervention

8 services until the beginning of the school year following

9 their third birthday in order to minimize gaps in services,

10 ensure better continuity of care, and align practices for the

11 enrollment of preschool children with special needs to the

12 enrollment practices of typically developing preschool

13 children.

14 (Source: P.A. 101-654, eff. 3-8-21; 102-104, eff. 7-22-21;

15 102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for

16 effective date of P.A. 102-209); 102-813, eff. 5-13-22;

17 102-962, eff. 7-1-22.)

18 Section 30. The Mental Health and Developmental

19 Disabilities Code is amended by changing Sections 1-122,

20 6-103, 6-103.2, and 6-103.3 and by adding Section 1-120.1 as

21 follows:

22 (405 ILCS 5/1-120.1 new)

23 Sec. 1-120.1. Physician assistant. "Physician assistant"

24 means a person who is licensed as a physician assistant under

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1 the Physician Assistant Practice Act of 1987 and is authorized

2 to practice under a collaborating physician.

3 (405 ILCS 5/1-122) (from Ch. 91 1/2, par. 1-122)

4 Sec. 1-122. Qualified examiner. "Qualified examiner" means

5 a person who is:

6 (a) a Clinical social worker as defined in this Act

7 and who is also a licensed clinical social worker licensed

8 under the Clinical Social Work and Social Work Practice

9 Act,

10 (b) a registered nurse with a master's degree in

11 psychiatric nursing who has 3 years of clinical training

12 and experience in the evaluation and treatment of mental

13 illness which has been acquired subsequent to any training

14 and experience which constituted a part of the degree

15 program,

16 (c) a licensed clinical professional counselor with a

17 master's or doctoral degree in counseling or psychology or

18 a similar master's or doctorate program from a regionally

19 accredited institution who has at least 3 years of

20 supervised post-master's clinical professional counseling

21 experience that includes the provision of mental health

22 services for the evaluation, treatment, and prevention of

23 mental and emotional disorders, ~~or~~

24 (d) a licensed marriage and family therapist with a

25 master's or doctoral degree in marriage and family therapy

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1 from a regionally accredited educational institution or a

2 similar master's program or from a program accredited by

3 either the Commission on Accreditation for Marriage and

4 Family Therapy or the Commission on Accreditation for

5 Counseling Related Educational Programs, who has at least

6 3 years of supervised post-master's experience as a

7 marriage and family therapist that includes the provision

8 of mental health services for the evaluation, treatment,

9 and prevention of mental and emotional disorders, or ~~.~~

10 (e) a physician assistant who has 3 years of clinical

11 training and experience in the evaluation and treatment of

12 mental illness which has been acquired subsequent to any

13 training and experience which constituted a part of the

14 degree program.

15 ~~A social worker who is a qualified examiner shall be a~~

16 ~~licensed clinical social worker under the Clinical Social Work~~

17 ~~and Social Work Practice Act.~~

18 (Source: P.A. 96-1357, eff. 1-1-11; 97-333, eff. 8-12-11.)

19 (405 ILCS 5/6-103) (from Ch. 91 1/2, par. 6-103)

20 Sec. 6-103. (a) All persons acting in good faith and

21 without negligence in connection with the preparation of

22 applications, petitions, certificates or other documents, for

23 the apprehension, transportation, examination, treatment,

24 habilitation, detention or discharge of an individual under

25 the provisions of this Act incur no liability, civil or

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1 criminal, by reason of such acts.

2 (b) There shall be no liability on the part of, and no

3 cause of action shall arise against, any person who is a

4 physician, clinical psychologist, advanced practice

5 psychiatric nurse, or qualified examiner based upon that

6 person's failure to warn of and protect from a recipient's

7 threatened or actual violent behavior except where the

8 recipient has communicated to the person a serious threat of

9 physical violence against a reasonably identifiable victim or

10 victims. Nothing in this Section shall relieve any employee or

11 director of any residential mental health or developmental

12 disabilities facility from any duty he may have to protect the

13 residents of such a facility from any other resident.

14 (c) Any duty which any person may owe to anyone other than

15 a resident of a mental health and developmental disabilities

16 facility shall be discharged by that person making a

17 reasonable effort to communicate the threat to the victim and

18 to a law enforcement agency, or by a reasonable effort to

19 obtain the hospitalization of the recipient.

20 (d) An act of omission or commission by a peace officer

21 acting in good faith in rendering emergency assistance or

22 otherwise enforcing this Code does not impose civil liability

23 on the peace officer or his or her supervisor or employer

24 unless the act is a result of willful or wanton misconduct.

25 (Source: P.A. 91-726, eff. 6-2-00.)

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1 (405 ILCS 5/6-103.2)

2 Sec. 6-103.2. Developmental disability; notice. If a

3 person 14 years old or older is determined to be a person with

4 a developmental disability by a physician, clinical

5 psychologist, advanced practice psychiatric nurse, or

6 qualified examiner, the physician, clinical psychologist,

7 advanced practice psychiatric nurse, or qualified examiner

8 shall notify the Department of Human Services within 7 days of

9 making the determination that the person has a developmental

10 disability. The Department of Human Services shall immediately

11 update its records and information relating to mental health

12 and developmental disabilities, and if appropriate, shall

13 notify the Illinois State Police in a form and manner

14 prescribed by the Illinois State Police. Information disclosed

15 under this Section shall remain privileged and confidential,

16 and shall not be redisclosed, except as required under

17 subsection (e) of Section 3.1 of the Firearm Owners

18 Identification Card Act, nor used for any other purpose. The

19 method of providing this information shall guarantee that the

20 information is not released beyond that which is necessary for

21 the purpose of this Section and shall be provided by rule by

22 the Department of Human Services. The identity of the person

23 reporting under this Section shall not be disclosed to the

24 subject of the report.

25 The physician, clinical psychologist, advanced practice

26 psychiatric nurse, or qualified examiner making the

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1 determination and his or her employer may not be held

2 criminally, civilly, or professionally liable for making or

3 not making the notification required under this Section,

4 except for willful or wanton misconduct.

5 For purposes of this Section, "developmental disability"

6 means a disability which is attributable to any other

7 condition which results in impairment similar to that caused

8 by an intellectual disability and which requires services

9 similar to those required by intellectually disabled persons.

10 The disability must originate before the age of 18 years, be

11 expected to continue indefinitely, and constitute a

12 substantial disability. This disability results, in the

13 professional opinion of a physician, clinical psychologist,

14 advanced practice psychiatric nurse, or qualified examiner, in

15 significant functional limitations in 3 or more of the

16 following areas of major life activity:

17 (i) self-care;

18 (ii) receptive and expressive language;

19 (iii) learning;

20 (iv) mobility; or

21 (v) self-direction.

22 "Determined to be a person with a developmental disability

23 by a physician, clinical psychologist, advanced practice

24 psychiatric nurse, or qualified examiner" means in the

25 professional opinion of the physician, clinical psychologist,

26 advanced practice psychiatric nurse, or qualified examiner, a

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1 person, with whom the physician, psychologist, nurse, or

2 examiner has a formal relationship in his or her professional

3 or official capacity, is diagnosed, assessed, or evaluated as

4 having a developmental disability.

5 (Source: P.A. 102-538, eff. 8-20-21.)

6 (405 ILCS 5/6-103.3)

7 Sec. 6-103.3. Clear and present danger; notice. If a

8 person is determined to pose a clear and present danger to

9 himself, herself, or to others by a physician, clinical

10 psychologist, advanced practice psychiatric nurse, or

11 qualified examiner, whether employed by the State, by any

12 public or private mental health facility or part thereof, or

13 by a law enforcement official or a school administrator, then

14 the physician, clinical psychologist, advanced practice

15 psychiatric nurse, or qualified examiner shall notify the

16 Department of Human Services and a law enforcement official or

17 school administrator shall notify the Illinois State Police,

18 within 24 hours of making the determination that the person

19 poses a clear and present danger. The Department of Human

20 Services shall immediately update its records and information

21 relating to mental health and developmental disabilities, and

22 if appropriate, shall notify the Illinois State Police in a

23 form and manner prescribed by the Illinois State Police.

24 Information disclosed under this Section shall remain

25 privileged and confidential, and shall not be redisclosed,

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1 except as required under subsection (e) of Section 3.1 of the

2 Firearm Owners Identification Card Act, nor used for any other

3 purpose. The method of providing this information shall

4 guarantee that the information is not released beyond that

5 which is necessary for the purpose of this Section and shall be

6 provided by rule by the Department of Human Services. The

7 identity of the person reporting under this Section shall not

8 be disclosed to the subject of the report. The physician,

9 clinical psychologist, advanced practice psychiatric nurse,

10 qualified examiner, law enforcement official, or school

11 administrator making the determination and his or her employer

12 shall not be held criminally, civilly, or professionally

13 liable for making or not making the notification required

14 under this Section, except for willful or wanton misconduct.

15 This Section does not apply to a law enforcement official, if

16 making the notification under this Section will interfere with

17 an ongoing or pending criminal investigation.

18 For the purposes of this Section:

19 "Clear and present danger" has the meaning ascribed to

20 it in Section 1.1 of the Firearm Owners Identification

21 Card Act.

22 "Determined to pose a clear and present danger to

23 himself, herself, or to others by a physician, clinical

24 psychologist, advanced practice psychiatric nurse, or

25 qualified examiner" means in the professional opinion of

26 the physician, clinical psychologist, advanced practice

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1 psychiatric nurse, or qualified examiner, a person, with

2 whom the physician, psychologist, nurse, or examiner has a

3 formal relationship in his or her official capacity, poses

4 a clear and present danger.

5 "School administrator" means the person required to

6 report under the School Administrator Reporting of Mental

7 Health Clear and Present Danger Determinations Law.

8 (Source: P.A. 102-538, eff. 8-20-21.)

9 Section 35. The Firearm Owners Identification Card Act is

10 amended by changing Sections 1.1, 8, 8.1, and 10 as follows:

11 (430 ILCS 65/1.1)

12 Sec. 1.1. For purposes of this Act:

13 "Addicted to narcotics" means a person who has been:

14 (1) convicted of an offense involving the use or

15 possession of cannabis, a controlled substance, or

16 methamphetamine within the past year; or

17 (2) determined by the Illinois State Police to be

18 addicted to narcotics based upon federal law or federal

19 guidelines.

20 "Addicted to narcotics" does not include possession or use

21 of a prescribed controlled substance under the direction and

22 authority of a physician or other person authorized to

23 prescribe the controlled substance when the controlled

24 substance is used in the prescribed manner.

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1 "Adjudicated as a person with a mental disability" means

2 the person is the subject of a determination by a court, board,

3 commission or other lawful authority that the person, as a

4 result of marked subnormal intelligence, or mental illness,

5 mental impairment, incompetency, condition, or disease:

6 (1) presents a clear and present danger to himself,

7 herself, or to others;

8 (2) lacks the mental capacity to manage his or her own

9 affairs or is adjudicated a person with a disability as

10 defined in Section 11a-2 of the Probate Act of 1975;

11 (3) is not guilty in a criminal case by reason of

12 insanity, mental disease or defect;

13 (3.5) is guilty but mentally ill, as provided in

14 Section 5-2-6 of the Unified Code of Corrections;

15 (4) is incompetent to stand trial in a criminal case;

16 (5) is not guilty by reason of lack of mental

17 responsibility under Articles 50a and 72b of the Uniform

18 Code of Military Justice, 10 U.S.C. 850a, 876b;

19 (6) is a sexually violent person under subsection (f)

20 of Section 5 of the Sexually Violent Persons Commitment

21 Act;

22 (7) is a sexually dangerous person under the Sexually

23 Dangerous Persons Act;

24 (8) is unfit to stand trial under the Juvenile Court

25 Act of 1987;

26 (9) is not guilty by reason of insanity under the

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1 Juvenile Court Act of 1987;

2 (10) is subject to involuntary admission as an

3 inpatient as defined in Section 1-119 of the Mental Health

4 and Developmental Disabilities Code;

5 (11) is subject to involuntary admission as an

6 outpatient as defined in Section 1-119.1 of the Mental

7 Health and Developmental Disabilities Code;

8 (12) is subject to judicial admission as set forth in

9 Section 4-500 of the Mental Health and Developmental

10 Disabilities Code; or

11 (13) is subject to the provisions of the Interstate

12 Agreements on Sexually Dangerous Persons Act.

13 "Advanced practice psychiatric nurse" has the meaning

14 ascribed to that term in Section 1-101.3 of the Mental Health

15 and Developmental Disabilities Code.

16 "Clear and present danger" means a person who:

17 (1) communicates a serious threat of physical violence

18 against a reasonably identifiable victim or poses a clear

19 and imminent risk of serious physical injury to himself,

20 herself, or another person as determined by a physician,

21 clinical psychologist, advanced practice psychiatric

22 nurse, or qualified examiner; or

23 (2) demonstrates threatening physical or verbal

24 behavior, such as violent, suicidal, or assaultive

25 threats, actions, or other behavior, as determined by a

26 physician, clinical psychologist, advanced practice

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1 psychiatric nurse, qualified examiner, school

2 administrator, or law enforcement official.

3 "Clinical psychologist" has the meaning provided in

4 Section 1-103 of the Mental Health and Developmental

5 Disabilities Code.

6 "Controlled substance" means a controlled substance or

7 controlled substance analog as defined in the Illinois

8 Controlled Substances Act.

9 "Counterfeit" means to copy or imitate, without legal

10 authority, with intent to deceive.

11 "Developmental disability" means a severe, chronic

12 disability of an individual that:

13 (1) is attributable to a mental or physical impairment

14 or combination of mental and physical impairments;

15 (2) is manifested before the individual attains age

16 22;

17 (3) is likely to continue indefinitely;

18 (4) results in substantial functional limitations in 3

19 or more of the following areas of major life activity:

20 (A) Self-care.

21 (B) Receptive and expressive language.

22 (C) Learning.

23 (D) Mobility.

24 (E) Self-direction.

25 (F) Capacity for independent living.

26 (G) Economic self-sufficiency; and

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1 (5) reflects the individual's need for a combination

2 and sequence of special, interdisciplinary, or generic

3 services, individualized supports, or other forms of

4 assistance that are of lifelong or extended duration and

5 are individually planned and coordinated.

6 "Federally licensed firearm dealer" means a person who is

7 licensed as a federal firearms dealer under Section 923 of the

8 federal Gun Control Act of 1968 (18 U.S.C. 923).

9 "Firearm" means any device, by whatever name known, which

10 is designed to expel a projectile or projectiles by the action

11 of an explosion, expansion of gas or escape of gas; excluding,

12 however:

13 (1) any pneumatic gun, spring gun, paint ball gun, or

14 B-B gun which expels a single globular projectile not

15 exceeding .18 inch in diameter or which has a maximum

16 muzzle velocity of less than 700 feet per second;

17 (1.1) any pneumatic gun, spring gun, paint ball gun,

18 or B-B gun which expels breakable paint balls containing

19 washable marking colors;

20 (2) any device used exclusively for signaling or

21 safety and required or recommended by the United States

22 Coast Guard or the Interstate Commerce Commission;

23 (3) any device used exclusively for the firing of stud

24 cartridges, explosive rivets or similar industrial

25 ammunition; and

26 (4) an antique firearm (other than a machine-gun)

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1 which, although designed as a weapon, the Illinois State

2 Police finds by reason of the date of its manufacture,

3 value, design, and other characteristics is primarily a

4 collector's item and is not likely to be used as a weapon.

5 "Firearm ammunition" means any self-contained cartridge or

6 shotgun shell, by whatever name known, which is designed to be

7 used or adaptable to use in a firearm; excluding, however:

8 (1) any ammunition exclusively designed for use with a

9 device used exclusively for signaling or safety and

10 required or recommended by the United States Coast Guard

11 or the Interstate Commerce Commission; and

12 (2) any ammunition designed exclusively for use with a

13 stud or rivet driver or other similar industrial

14 ammunition.

15 "Gun show" means an event or function:

16 (1) at which the sale and transfer of firearms is the

17 regular and normal course of business and where 50 or more

18 firearms are displayed, offered, or exhibited for sale,

19 transfer, or exchange; or

20 (2) at which not less than 10 gun show vendors

21 display, offer, or exhibit for sale, sell, transfer, or

22 exchange firearms.

23 "Gun show" includes the entire premises provided for an

24 event or function, including parking areas for the event or

25 function, that is sponsored to facilitate the purchase, sale,

26 transfer, or exchange of firearms as described in this

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1 Section. Nothing in this definition shall be construed to

2 exclude a gun show held in conjunction with competitive

3 shooting events at the World Shooting Complex sanctioned by a

4 national governing body in which the sale or transfer of

5 firearms is authorized under subparagraph (5) of paragraph (g)

6 of subsection (A) of Section 24-3 of the Criminal Code of 2012.

7 Unless otherwise expressly stated, "gun show" does not

8 include training or safety classes, competitive shooting

9 events, such as rifle, shotgun, or handgun matches, trap,

10 skeet, or sporting clays shoots, dinners, banquets, raffles,

11 or any other event where the sale or transfer of firearms is

12 not the primary course of business.

13 "Gun show promoter" means a person who organizes or

14 operates a gun show.

15 "Gun show vendor" means a person who exhibits, sells,

16 offers for sale, transfers, or exchanges any firearms at a gun

17 show, regardless of whether the person arranges with a gun

18 show promoter for a fixed location from which to exhibit,

19 sell, offer for sale, transfer, or exchange any firearm.

20 "Intellectual disability" means significantly subaverage

21 general intellectual functioning, existing concurrently with

22 deficits in adaptive behavior and manifested during the

23 developmental period, which is defined as before the age of

24 22, that adversely affects a child's educational performance.

25 "Involuntarily admitted" has the meaning as prescribed in

26 Sections 1-119 and 1-119.1 of the Mental Health and

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1 Developmental Disabilities Code.

2 "Mental health facility" means any licensed private

3 hospital or hospital affiliate, institution, or facility, or

4 part thereof, and any facility, or part thereof, operated by

5 the State or a political subdivision thereof which provides

6 treatment of persons with mental illness and includes all

7 hospitals, institutions, clinics, evaluation facilities,

8 mental health centers, colleges, universities, long-term care

9 facilities, and nursing homes, or parts thereof, which provide

10 treatment of persons with mental illness whether or not the

11 primary purpose is to provide treatment of persons with mental

12 illness.

13 "National governing body" means a group of persons who

14 adopt rules and formulate policy on behalf of a national

15 firearm sporting organization.

16 "Noncitizen" means a person who is not a citizen of the

17 United States, but is a person who is a foreign-born person who

18 lives in the United States, has not been naturalized, and is

19 still a citizen of a foreign country.

20 "Patient" means:

21 (1) a person who is admitted as an inpatient or

22 resident of a public or private mental health facility for

23 mental health treatment under Chapter III of the Mental

24 Health and Developmental Disabilities Code as an informal

25 admission, a voluntary admission, a minor admission, an

26 emergency admission, or an involuntary admission, unless

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1 the treatment was solely for an alcohol abuse disorder; or

2 (2) a person who voluntarily or involuntarily receives

3 mental health treatment as an out-patient or is otherwise

4 provided services by a public or private mental health

5 facility and who poses a clear and present danger to

6 himself, herself, or others.

7 "Physician" has the meaning as defined in Section 1-120 of

8 the Mental Health and Developmental Disabilities Code.

9 "Protective order" means any orders of protection issued

10 under the Illinois Domestic Violence Act of 1986, stalking no

11 contact orders issued under the Stalking No Contact Order Act,

12 civil no contact orders issued under the Civil No Contact

13 Order Act, and firearms restraining orders issued under the

14 Firearms Restraining Order Act or a substantially similar

15 order issued by the court of another state, tribe, or United

16 States territory or military judge.

17 "Qualified examiner" has the meaning provided in Section

18 1-122 of the Mental Health and Developmental Disabilities

19 Code.

20 "Sanctioned competitive shooting event" means a shooting

21 contest officially recognized by a national or state shooting

22 sport association, and includes any sight-in or practice

23 conducted in conjunction with the event.

24 "School administrator" means the person required to report

25 under the School Administrator Reporting of Mental Health

26 Clear and Present Danger Determinations Law.

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1 "Stun gun or taser" has the meaning ascribed to it in

2 Section 24-1 of the Criminal Code of 2012.

3 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

4 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.

5 1-1-23; 102-1030, eff. 5-27-22; 103-154, eff. 6-30-23;

6 103-407, eff. 7-28-23.)

7 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

8 Sec. 8. Grounds for denial and revocation. The Illinois

9 State Police has authority to deny an application for or to

10 revoke and seize a Firearm Owner's Identification Card

11 previously issued under this Act only if the Illinois State

12 Police finds that the applicant or the person to whom such card

13 was issued is or was at the time of issuance:

14 (a) A person under 21 years of age who has been

15 convicted of a misdemeanor other than a traffic offense or

16 adjudged delinquent;

17 (b) This subsection (b) applies through the 180th day

18 following July 12, 2019 (the effective date of Public Act

19 101-80). A person under 21 years of age who does not have

20 the written consent of his parent or guardian to acquire

21 and possess firearms and firearm ammunition, or whose

22 parent or guardian has revoked such written consent, or

23 where such parent or guardian does not qualify to have a

24 Firearm Owner's Identification Card;

25 (b-5) This subsection (b-5) applies on and after the

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1 181st day following July 12, 2019 (the effective date of

2 Public Act 101-80). A person under 21 years of age who is

3 not an active duty member of the United States Armed

4 Forces or the Illinois National Guard and does not have

5 the written consent of his or her parent or guardian to

6 acquire and possess firearms and firearm ammunition, or

7 whose parent or guardian has revoked such written consent,

8 or where such parent or guardian does not qualify to have a

9 Firearm Owner's Identification Card;

10 (c) A person convicted of a felony under the laws of

11 this or any other jurisdiction;

12 (d) A person addicted to narcotics;

13 (e) A person who has been a patient of a mental health

14 facility within the past 5 years or a person who has been a

15 patient in a mental health facility more than 5 years ago

16 who has not received the certification required under

17 subsection (u) of this Section. An active law enforcement

18 officer employed by a unit of government or a Department

19 of Corrections employee authorized to possess firearms who

20 is denied, revoked, or has his or her Firearm Owner's

21 Identification Card seized under this subsection (e) may

22 obtain relief as described in subsection (c-5) of Section

23 10 of this Act if the officer or employee did not act in a

24 manner threatening to the officer or employee, another

25 person, or the public as determined by the treating

26 clinical psychologist or physician, and the officer or

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1 employee seeks mental health treatment;

2 (f) A person whose mental condition is of such a

3 nature that it poses a clear and present danger to the

4 applicant, any other person or persons, or the community;

5 (g) A person who has an intellectual disability;

6 (h) A person who intentionally makes a false statement

7 in the Firearm Owner's Identification Card application or

8 endorsement affidavit;

9 (i) A noncitizen who is unlawfully present in the

10 United States under the laws of the United States;

11 (i-5) A noncitizen who has been admitted to the United

12 States under a non-immigrant visa (as that term is defined

13 in Section 101(a)(26) of the Immigration and Nationality

14 Act (8 U.S.C. 1101(a)(26))), except that this subsection

15 (i-5) does not apply to any noncitizen who has been

16 lawfully admitted to the United States under a

17 non-immigrant visa if that noncitizen is:

18 (1) admitted to the United States for lawful

19 hunting or sporting purposes;

20 (2) an official representative of a foreign

21 government who is:

22 (A) accredited to the United States Government

23 or the Government's mission to an international

24 organization having its headquarters in the United

25 States; or

26 (B) en route to or from another country to

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1 which that noncitizen is accredited;

2 (3) an official of a foreign government or

3 distinguished foreign visitor who has been so

4 designated by the Department of State;

5 (4) a foreign law enforcement officer of a

6 friendly foreign government entering the United States

7 on official business; or

8 (5) one who has received a waiver from the

9 Attorney General of the United States pursuant to 18

10 U.S.C. 922(y)(3);

11 (j) (Blank);

12 (k) A person who has been convicted within the past 5

13 years of battery, assault, aggravated assault, violation

14 of an order of protection, or a substantially similar

15 offense in another jurisdiction, in which a firearm was

16 used or possessed;

17 (l) A person who has been convicted of domestic

18 battery, aggravated domestic battery, or a substantially

19 similar offense in another jurisdiction committed before,

20 on or after January 1, 2012 (the effective date of Public

21 Act 97-158). If the applicant or person who has been

22 previously issued a Firearm Owner's Identification Card

23 under this Act knowingly and intelligently waives the

24 right to have an offense described in this paragraph (l)

25 tried by a jury, and by guilty plea or otherwise, results

26 in a conviction for an offense in which a domestic

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1 relationship is not a required element of the offense but

2 in which a determination of the applicability of 18 U.S.C.

3 922(g)(9) is made under Section 112A-11.1 of the Code of

4 Criminal Procedure of 1963, an entry by the court of a

5 judgment of conviction for that offense shall be grounds

6 for denying an application for and for revoking and

7 seizing a Firearm Owner's Identification Card previously

8 issued to the person under this Act;

9 (m) (Blank);

10 (n) A person who is prohibited from acquiring or

11 possessing firearms or firearm ammunition by any Illinois

12 State statute or by federal law;

13 (o) A minor subject to a petition filed under Section

14 5-520 of the Juvenile Court Act of 1987 alleging that the

15 minor is a delinquent minor for the commission of an

16 offense that if committed by an adult would be a felony;

17 (p) An adult who had been adjudicated a delinquent

18 minor under the Juvenile Court Act of 1987 for the

19 commission of an offense that if committed by an adult

20 would be a felony;

21 (q) A person who is not a resident of the State of

22 Illinois, except as provided in subsection (a-10) of

23 Section 4;

24 (r) A person who has been adjudicated as a person with

25 a mental disability;

26 (s) A person who has been found to have a

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1 developmental disability;

2 (t) A person involuntarily admitted into a mental

3 health facility; or

4 (u) A person who has had his or her Firearm Owner's

5 Identification Card revoked or denied under subsection (e)

6 of this Section or item (iv) of paragraph (2) of

7 subsection (a) of Section 4 of this Act because he or she

8 was a patient in a mental health facility as provided in

9 subsection (e) of this Section, shall not be permitted to

10 obtain a Firearm Owner's Identification Card, after the

11 5-year period has lapsed, unless he or she has received a

12 mental health evaluation by a physician, clinical

13 psychologist, advanced practice psychiatric nurse, or

14 qualified examiner as those terms are defined in the

15 Mental Health and Developmental Disabilities Code, and has

16 received a certification that he or she is not a clear and

17 present danger to himself, herself, or others. The

18 physician, clinical psychologist, advanced practice

19 psychiatric nurse, or qualified examiner making the

20 certification and his or her employer shall not be held

21 criminally, civilly, or professionally liable for making

22 or not making the certification required under this

23 subsection, except for willful or wanton misconduct. This

24 subsection does not apply to a person whose firearm

25 possession rights have been restored through

26 administrative or judicial action under Section 10 or 11

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1 of this Act.

2 Upon revocation of a person's Firearm Owner's

3 Identification Card, the Illinois State Police shall provide

4 notice to the person and the person shall comply with Section

5 9.5 of this Act.

6 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;

7 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.

8 5-27-22; 102-1116, eff. 1-10-23.)

9 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)

10 Sec. 8.1. Notifications to the Illinois State Police.

11 (a) The Circuit Clerk shall, in the form and manner

12 required by the Supreme Court, notify the Illinois State

13 Police of all final dispositions of cases for which the

14 Department has received information reported to it under

15 Sections 2.1 and 2.2 of the Criminal Identification Act.

16 (b) Upon adjudication of any individual as a person with a

17 mental disability as defined in Section 1.1 of this Act or a

18 finding that a person has been involuntarily admitted, the

19 court shall direct the circuit court clerk to immediately

20 notify the Illinois State Police, Firearm Owner's

21 Identification (FOID) department, and shall forward a copy of

22 the court order to the Department.

23 (b-1) Beginning July 1, 2016, and each July 1 and December

24 30 of every year thereafter, the circuit court clerk shall, in

25 the form and manner prescribed by the Illinois State Police,

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1 notify the Illinois State Police, Firearm Owner's

2 Identification (FOID) department if the court has not directed

3 the circuit court clerk to notify the Illinois State Police,

4 Firearm Owner's Identification (FOID) department under

5 subsection (b) of this Section, within the preceding 6 months,

6 because no person has been adjudicated as a person with a

7 mental disability by the court as defined in Section 1.1 of

8 this Act or if no person has been involuntarily admitted. The

9 Supreme Court may adopt any orders or rules necessary to

10 identify the persons who shall be reported to the Illinois

11 State Police under subsection (b), or any other orders or

12 rules necessary to implement the requirements of this Act.

13 (c) The Department of Human Services shall, in the form

14 and manner prescribed by the Illinois State Police, report all

15 information collected under subsection (b) of Section 12 of

16 the Mental Health and Developmental Disabilities

17 Confidentiality Act for the purpose of determining whether a

18 person who may be or may have been a patient in a mental health

19 facility is disqualified under State or federal law from

20 receiving or retaining a Firearm Owner's Identification Card,

21 or purchasing a weapon.

22 (d) If a person is determined to pose a clear and present

23 danger to himself, herself, or to others:

24 (1) by a physician, clinical psychologist, advanced

25 practice psychiatric nurse, or qualified examiner, or is

26 determined to have a developmental disability by a

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1 physician, clinical psychologist, advanced practice

2 psychiatric nurse, or qualified examiner, whether employed

3 by the State or privately, then the physician, clinical

4 psychologist, advanced practice psychiatric nurse, or

5 qualified examiner shall, within 24 hours of making the

6 determination, notify the Department of Human Services

7 that the person poses a clear and present danger or has a

8 developmental disability; or

9 (2) by a law enforcement official or school

10 administrator, then the law enforcement official or school

11 administrator shall, within 24 hours of making the

12 determination, notify the Illinois State Police that the

13 person poses a clear and present danger.

14 The Department of Human Services shall immediately update

15 its records and information relating to mental health and

16 developmental disabilities, and if appropriate, shall notify

17 the Illinois State Police in a form and manner prescribed by

18 the Illinois State Police. The Illinois State Police shall

19 determine whether to revoke the person's Firearm Owner's

20 Identification Card under Section 8 of this Act. Any

21 information disclosed under this subsection shall remain

22 privileged and confidential, and shall not be redisclosed,

23 except as required under subsection (e) of Section 3.1 of this

24 Act, nor used for any other purpose. The method of providing

25 this information shall guarantee that the information is not

26 released beyond what is necessary for the purpose of this

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1 Section and shall be provided by rule by the Department of

2 Human Services. The identity of the person reporting under

3 this Section shall not be disclosed to the subject of the

4 report. The physician, clinical psychologist, advanced

5 practice psychiatric nurse, qualified examiner, law

6 enforcement official, or school administrator making the

7 determination and his or her employer shall not be held

8 criminally, civilly, or professionally liable for making or

9 not making the notification required under this subsection,

10 except for willful or wanton misconduct.

11 (e) The Illinois State Police shall adopt rules to

12 implement this Section.

13 (Source: P.A. 102-538, eff. 8-20-21.)

14 (430 ILCS 65/10) (from Ch. 38, par. 83-10)

15 Sec. 10. Appeals; hearing; relief from firearm

16 prohibitions.

17 (a) Whenever an application for a Firearm Owner's

18 Identification Card is denied or whenever such a Card is

19 revoked or seized as provided for in Section 8 of this Act, the

20 aggrieved party may (1) file a record challenge with the

21 Director regarding the record upon which the decision to deny

22 or revoke the Firearm Owner's Identification Card was based

23 under subsection (a-5); or (2) appeal to the Director of the

24 Illinois State Police through December 31, 2022, or beginning

25 January 1, 2023, the Firearm Owner's Identification Card

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1 Review Board for a hearing seeking relief from such denial or

2 revocation unless the denial or revocation was based upon a

3 forcible felony, stalking, aggravated stalking, domestic

4 battery, any violation of the Illinois Controlled Substances

5 Act, the Methamphetamine Control and Community Protection Act,

6 or the Cannabis Control Act that is classified as a Class 2 or

7 greater felony, any felony violation of Article 24 of the

8 Criminal Code of 1961 or the Criminal Code of 2012, or any

9 adjudication as a delinquent minor for the commission of an

10 offense that if committed by an adult would be a felony, in

11 which case the aggrieved party may petition the circuit court

12 in writing in the county of his or her residence for a hearing

13 seeking relief from such denial or revocation.

14 (a-5) There is created a Firearm Owner's Identification

15 Card Review Board to consider any appeal under subsection (a)

16 beginning January 1, 2023, other than an appeal directed to

17 the circuit court and except when the applicant is challenging

18 the record upon which the decision to deny or revoke was based

19 as provided in subsection (a-10).

20 (0.05) In furtherance of the policy of this Act that

21 the Board shall exercise its powers and duties in an

22 independent manner, subject to the provisions of this Act

23 but free from the direction, control, or influence of any

24 other agency or department of State government. All

25 expenses and liabilities incurred by the Board in the

26 performance of its responsibilities hereunder shall be

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1 paid from funds which shall be appropriated to the Board

2 by the General Assembly for the ordinary and contingent

3 expenses of the Board.

4 (1) The Board shall consist of 7 members appointed by

5 the Governor, with the advice and consent of the Senate,

6 with 3 members residing within the First Judicial District

7 and one member residing within each of the 4 remaining

8 Judicial Districts. No more than 4 members shall be

9 members of the same political party. The Governor shall

10 designate one member as the chairperson. The members shall

11 have actual experience in law, education, social work,

12 behavioral sciences, law enforcement, or community affairs

13 or in a combination of those areas.

14 (2) The terms of the members initially appointed after

15 January 1, 2022 (the effective date of Public Act 102-237)

16 shall be as follows: one of the initial members shall be

17 appointed for a term of one year, 3 shall be appointed for

18 terms of 2 years, and 3 shall be appointed for terms of 4

19 years. Thereafter, members shall hold office for 4 years,

20 with terms expiring on the second Monday in January

21 immediately following the expiration of their terms and

22 every 4 years thereafter. Members may be reappointed.

23 Vacancies in the office of member shall be filled in the

24 same manner as the original appointment, for the remainder

25 of the unexpired term. The Governor may remove a member

26 for incompetence, neglect of duty, malfeasance, or

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1 inability to serve. Members shall receive compensation in

2 an amount equal to the compensation of members of the

3 Executive Ethics Commission and, beginning July 1, 2023,

4 shall be compensated from appropriations provided to the

5 Comptroller for this purpose. Members may be reimbursed,

6 from funds appropriated for such a purpose, for reasonable

7 expenses actually incurred in the performance of their

8 Board duties. The Illinois State Police shall designate an

9 employee to serve as Executive Director of the Board and

10 provide logistical and administrative assistance to the

11 Board.

12 (3) The Board shall meet at least quarterly each year

13 and at the call of the chairperson as often as necessary to

14 consider appeals of decisions made with respect to

15 applications for a Firearm Owner's Identification Card

16 under this Act. If necessary to ensure the participation

17 of a member, the Board shall allow a member to participate

18 in a Board meeting by electronic communication. Any member

19 participating electronically shall be deemed present for

20 purposes of establishing a quorum and voting.

21 (4) The Board shall adopt rules for the review of

22 appeals and the conduct of hearings. The Board shall

23 maintain a record of its decisions and all materials

24 considered in making its decisions. All Board decisions

25 and voting records shall be kept confidential and all

26 materials considered by the Board shall be exempt from

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1 inspection except upon order of a court.

2 (5) In considering an appeal, the Board shall review

3 the materials received concerning the denial or revocation

4 by the Illinois State Police. By a vote of at least 4

5 members, the Board may request additional information from

6 the Illinois State Police or the applicant or the

7 testimony of the Illinois State Police or the applicant.

8 The Board may require that the applicant submit electronic

9 fingerprints to the Illinois State Police for an updated

10 background check if the Board determines it lacks

11 sufficient information to determine eligibility. The Board

12 may consider information submitted by the Illinois State

13 Police, a law enforcement agency, or the applicant. The

14 Board shall review each denial or revocation and determine

15 by a majority of members whether an applicant should be

16 granted relief under subsection (c).

17 (6) The Board shall by order issue summary decisions.

18 The Board shall issue a decision within 45 days of

19 receiving all completed appeal documents from the Illinois

20 State Police and the applicant. However, the Board need

21 not issue a decision within 45 days if:

22 (A) the Board requests information from the

23 applicant, including, but not limited to, electronic

24 fingerprints to be submitted to the Illinois State

25 Police, in accordance with paragraph (5) of this

26 subsection, in which case the Board shall make a

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1 decision within 30 days of receipt of the required

2 information from the applicant;

3 (B) the applicant agrees, in writing, to allow the

4 Board additional time to consider an appeal; or

5 (C) the Board notifies the applicant and the

6 Illinois State Police that the Board needs an

7 additional 30 days to issue a decision. The Board may

8 only issue 2 extensions under this subparagraph (C).

9 The Board's notification to the applicant and the

10 Illinois State Police shall include an explanation for

11 the extension.

12 (7) If the Board determines that the applicant is

13 eligible for relief under subsection (c), the Board shall

14 notify the applicant and the Illinois State Police that

15 relief has been granted and the Illinois State Police

16 shall issue the Card.

17 (8) Meetings of the Board shall not be subject to the

18 Open Meetings Act and records of the Board shall not be

19 subject to the Freedom of Information Act.

20 (9) The Board shall report monthly to the Governor and

21 the General Assembly on the number of appeals received and

22 provide details of the circumstances in which the Board

23 has determined to deny Firearm Owner's Identification

24 Cards under this subsection (a-5). The report shall not

25 contain any identifying information about the applicants.

26 (a-10) Whenever an applicant or cardholder is not seeking

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1 relief from a firearms prohibition under subsection (c) but

2 rather does not believe the applicant is appropriately denied

3 or revoked and is challenging the record upon which the

4 decision to deny or revoke the Firearm Owner's Identification

5 Card was based, or whenever the Illinois State Police fails to

6 act on an application within 30 days of its receipt, the

7 applicant shall file such challenge with the Director. The

8 Director shall render a decision within 60 business days of

9 receipt of all information supporting the challenge. The

10 Illinois State Police shall adopt rules for the review of a

11 record challenge.

12 (b) At least 30 days before any hearing in the circuit

13 court, the petitioner shall serve the relevant State's

14 Attorney with a copy of the petition. The State's Attorney may

15 object to the petition and present evidence. At the hearing,

16 the court shall determine whether substantial justice has been

17 done. Should the court determine that substantial justice has

18 not been done, the court shall issue an order directing the

19 Illinois State Police to issue a Card. However, the court

20 shall not issue the order if the petitioner is otherwise

21 prohibited from obtaining, possessing, or using a firearm

22 under federal law.

23 (c) Any person prohibited from possessing a firearm under

24 Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or

25 acquiring a Firearm Owner's Identification Card under Section

26 8 of this Act may apply to the Firearm Owner's Identification

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1 Card Review Board or petition the circuit court in the county

2 where the petitioner resides, whichever is applicable in

3 accordance with subsection (a) of this Section, requesting

4 relief from such prohibition and the Board or court may grant

5 such relief if it is established by the applicant to the

6 court's or the Board's satisfaction that:

7 (0.05) when in the circuit court, the State's Attorney

8 has been served with a written copy of the petition at

9 least 30 days before any such hearing in the circuit court

10 and at the hearing the State's Attorney was afforded an

11 opportunity to present evidence and object to the

12 petition;

13 (1) the applicant has not been convicted of a forcible

14 felony under the laws of this State or any other

15 jurisdiction within 20 years of the applicant's

16 application for a Firearm Owner's Identification Card, or

17 at least 20 years have passed since the end of any period

18 of imprisonment imposed in relation to that conviction;

19 (2) the circumstances regarding a criminal conviction,

20 where applicable, the applicant's criminal history and his

21 reputation are such that the applicant will not be likely

22 to act in a manner dangerous to public safety;

23 (3) granting relief would not be contrary to the

24 public interest; and

25 (4) granting relief would not be contrary to federal

26 law.

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1 (c-5) (1) An active law enforcement officer employed by a

2 unit of government or a Department of Corrections employee

3 authorized to possess firearms who is denied, revoked, or has

4 his or her Firearm Owner's Identification Card seized under

5 subsection (e) of Section 8 of this Act may apply to the

6 Firearm Owner's Identification Card Review Board requesting

7 relief if the officer or employee did not act in a manner

8 threatening to the officer or employee, another person, or the

9 public as determined by the treating clinical psychologist or

10 physician, and as a result of his or her work is referred by

11 the employer for or voluntarily seeks mental health evaluation

12 or treatment by a licensed clinical psychologist,

13 psychiatrist, advanced practice psychiatric nurse, or

14 qualified examiner, and:

15 (A) the officer or employee has not received treatment

16 involuntarily at a mental health facility, regardless of

17 the length of admission; or has not been voluntarily

18 admitted to a mental health facility for more than 30 days

19 and not for more than one incident within the past 5 years;

20 and

21 (B) the officer or employee has not left the mental

22 institution against medical advice.

23 (2) The Firearm Owner's Identification Card Review Board

24 shall grant expedited relief to active law enforcement

25 officers and employees described in paragraph (1) of this

26 subsection (c-5) upon a determination by the Board that the

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1 officer's or employee's possession of a firearm does not

2 present a threat to themselves, others, or public safety. The

3 Board shall act on the request for relief within 30 business

4 days of receipt of:

5 (A) a notarized statement from the officer or employee

6 in the form prescribed by the Board detailing the

7 circumstances that led to the hospitalization;

8 (B) all documentation regarding the admission,

9 evaluation, treatment and discharge from the treating

10 licensed clinical psychologist or psychiatrist of the

11 officer;

12 (C) a psychological fitness for duty evaluation of the

13 person completed after the time of discharge; and

14 (D) written confirmation in the form prescribed by the

15 Board from the treating licensed clinical psychologist or

16 psychiatrist that the provisions set forth in paragraph

17 (1) of this subsection (c-5) have been met, the person

18 successfully completed treatment, and their professional

19 opinion regarding the person's ability to possess

20 firearms.

21 (3) Officers and employees eligible for the expedited

22 relief in paragraph (2) of this subsection (c-5) have the

23 burden of proof on eligibility and must provide all

24 information required. The Board may not consider granting

25 expedited relief until the proof and information is received.

26 (4) "Clinical psychologist", "psychiatrist", advanced

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1 practice psychiatric nurse, and "qualified examiner" shall

2 have the same meaning as provided in Chapter I of the Mental

3 Health and Developmental Disabilities Code.

4 (c-10) (1) An applicant, who is denied, revoked, or has

5 his or her Firearm Owner's Identification Card seized under

6 subsection (e) of Section 8 of this Act based upon a

7 determination of a developmental disability or an intellectual

8 disability may apply to the Firearm Owner's Identification

9 Card Review Board requesting relief.

10 (2) The Board shall act on the request for relief within 60

11 business days of receipt of written certification, in the form

12 prescribed by the Board, from a physician or clinical

13 psychologist, advanced practice psychiatric nurse, or

14 qualified examiner, that the aggrieved party's developmental

15 disability or intellectual disability condition is determined

16 by a physician, clinical psychologist, or qualified to be

17 mild. If a fact-finding conference is scheduled to obtain

18 additional information concerning the circumstances of the

19 denial or revocation, the 60 business days the Director has to

20 act shall be tolled until the completion of the fact-finding

21 conference.

22 (3) The Board may grant relief if the aggrieved party's

23 developmental disability or intellectual disability is mild as

24 determined by a physician, clinical psychologist, advanced

25 practice psychiatric nurse, or qualified examiner and it is

26 established by the applicant to the Board's satisfaction that:

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1 (A) granting relief would not be contrary to the

2 public interest; and

3 (B) granting relief would not be contrary to federal

4 law.

5 (4) The Board may not grant relief if the condition is

6 determined by a physician, clinical psychologist, advanced

7 practice psychiatric nurse, or qualified examiner to be

8 moderate, severe, or profound.

9 (5) The changes made to this Section by Public Act 99-29

10 apply to requests for relief pending on or before July 10, 2015

11 (the effective date of Public Act 99-29), except that the

12 60-day period for the Director to act on requests pending

13 before the effective date shall begin on July 10, 2015 (the

14 effective date of Public Act 99-29). All appeals as provided

15 in subsection (a-5) pending on January 1, 2023 shall be

16 considered by the Board.

17 (d) When a minor is adjudicated delinquent for an offense

18 which if committed by an adult would be a felony, the court

19 shall notify the Illinois State Police.

20 (e) The court shall review the denial of an application or

21 the revocation of a Firearm Owner's Identification Card of a

22 person who has been adjudicated delinquent for an offense that

23 if committed by an adult would be a felony if an application

24 for relief has been filed at least 10 years after the

25 adjudication of delinquency and the court determines that the

26 applicant should be granted relief from disability to obtain a

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1 Firearm Owner's Identification Card. If the court grants

2 relief, the court shall notify the Illinois State Police that

3 the disability has been removed and that the applicant is

4 eligible to obtain a Firearm Owner's Identification Card.

5 (f) Any person who is subject to the disabilities of 18

6 U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act

7 of 1968 because of an adjudication or commitment that occurred

8 under the laws of this State or who was determined to be

9 subject to the provisions of subsections (e), (f), or (g) of

10 Section 8 of this Act may apply to the Illinois State Police

11 requesting relief from that prohibition. The Board shall grant

12 the relief if it is established by a preponderance of the

13 evidence that the person will not be likely to act in a manner

14 dangerous to public safety and that granting relief would not

15 be contrary to the public interest. In making this

16 determination, the Board shall receive evidence concerning (i)

17 the circumstances regarding the firearms disabilities from

18 which relief is sought; (ii) the petitioner's mental health

19 and criminal history records, if any; (iii) the petitioner's

20 reputation, developed at a minimum through character witness

21 statements, testimony, or other character evidence; and (iv)

22 changes in the petitioner's condition or circumstances since

23 the disqualifying events relevant to the relief sought. If

24 relief is granted under this subsection or by order of a court

25 under this Section, the Director shall as soon as practicable

26 but in no case later than 15 business days, update, correct,

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1 modify, or remove the person's record in any database that the

2 Illinois State Police makes available to the National Instant

3 Criminal Background Check System and notify the United States

4 Attorney General that the basis for the record being made

5 available no longer applies. The Illinois State Police shall

6 adopt rules for the administration of this Section.

7 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

8 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.

9 1-9-23; 102-1129, eff. 2-10-23; 103-605, eff. 7-1-24.)

10 Section 40. The Mental Health and Developmental

11 Disabilities Confidentiality Act is amended by changing

12 Section 5 as follows:

13 (740 ILCS 110/5) (from Ch. 91 1/2, par. 805)

14 Sec. 5. Disclosure; consent.

15 (a) Except as provided in Sections 6 through 12.2 of this

16 Act, records and communications may be disclosed to someone

17 other than those persons listed in Section 4 of this Act only

18 with the written consent of those persons who are entitled to

19 inspect and copy a recipient's record pursuant to Section 4 of

20 this Act.

21 (b) Every consent form shall be in writing and shall

22 specify the following:

23 (1) the person or agency to whom disclosure is to be

24 made;

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1 (2) the purpose for which disclosure is to be made;

2 (3) the nature of the information to be disclosed;

3 (4) the right to inspect and copy the information to

4 be disclosed;

5 (5) the consequences of a refusal to consent, if any; and

6 (6) the calendar date on which the consent expires,

7 provided that if no calendar date is stated, information

8 may be released only on the day the consent form is

9 received by the therapist; and

10 (7) the right to revoke the consent at any time.

11 The consent form shall be signed by the person entitled to

12 give consent ~~and the signature shall be witnessed by a person~~

13 ~~who can attest to the identity of the person so entitled~~. A

14 copy of the consent and a notation as to any action taken

15 thereon shall be entered in the recipient's record. Any

16 revocation of consent shall be in writing, signed by the

17 person who gave the consent ~~and the signature shall be~~

18 ~~witnessed by a person who can attest to the identity of the~~

19 ~~person so entitled~~. No written revocation of consent shall be

20 effective to prevent disclosure of records and communications

21 until it is received by the person otherwise authorized to

22 disclose records and communications.

23 (c) Only information relevant to the purpose for which

24 disclosure is sought may be disclosed. Blanket consent to the

25 disclosure of unspecified information shall not be valid.

26 Advance consent may be valid only if the nature of the

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1 information to be disclosed is specified in detail and the

2 duration of the consent is indicated. Consent may be revoked

3 in writing at any time; any such revocation shall have no

4 effect on disclosures made prior thereto.

5 (d) No person or agency to whom any information is

6 disclosed under this Section may redisclose such information

7 unless the person who consented to the disclosure specifically

8 consents to such redisclosure.

9 (e) Except as otherwise provided in this Act, records and

10 communications shall remain confidential after the death of a

11 recipient and shall not be disclosed unless the recipient's

12 representative, as defined in the Probate Act of 1975 and the

13 therapist consent to such disclosure or unless disclosure is

14 authorized by court order after in camera examination and upon

15 good cause shown.

16 (f) Paragraphs (a) through (e) of this Section shall not

17 apply to and shall not be construed to limit insurance

18 companies writing Life, Accident or Health insurance as

19 defined in Section 4 of the Illinois Insurance Code in

20 obtaining general consents for the release to them or their

21 designated representatives of any and all confidential

22 communications and records kept by agencies, hospitals,

23 therapists or record custodians, and utilizing such

24 information in connection with the underwriting of

25 applications for coverage for such policies or contracts, or

26 in connection with evaluating claims or liability under such

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1 policies or contracts, or coordinating benefits pursuant to

2 policy or contract provisions.

3 (Source: P.A. 90-655, eff. 7-30-98)

4 (30 ILCS 105/5.653 rep.)

5 Section 50. The State Finance Act is amended by repealing

6 Section 5.653.

7 (35 ILCS 5/507JJ rep.)

8 Section 55. The Illinois Income Tax Act is amended by

9 repealing Section 507JJ.

10 Section 99. Effective date. This Act takes effect upon

11 becoming law.".