Public Act 099-0314

SB0563 Enrolled LRB099 03011 JLK 23019 b

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

(20 ILCS 415/19a rep.)

Section 3. The Personnel Code is amended by repealing

Section 19a.

Section 5. The Department of Veterans Affairs Act is

amended by changing Sections 1.2, 2, 2.01, 2.04, and 3 and

adding Section 2.12 as follows:

(20 ILCS 2805/1.2)

Sec. 1.2. Division of Women Veterans Affairs. Subject to

appropriations for this purpose, the Division of Women Veterans

Affairs is created as a Division within the Department. The

head of the Division shall serve as an Assistant Director of

Veterans' Affairs. The Division shall serve as an advocate for

women veterans, in recognition of the unique issues facing

women veterans. The Division shall assess the needs of women

veterans with respect to issues including, but not limited to,

compensation, rehabilitation, outreach, health care, and

issues facing women veterans in the community. The Division

shall review the Department's programs, activities, research

projects, and other initiatives designed to meet the needs of

women veterans and shall make recommendations to the Director

of Veterans' Affairs concerning ways to improve, modify, and

effect change in programs and services for women veterans.

(Source: P.A. 96-94, eff. 7-27-09; 97-297, eff. 1-1-12.)

(20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)

Sec. 2. Powers and duties. The Department shall have the

following powers and duties:

To perform such acts at the request of any veteran, or his

or her spouse, surviving spouse or dependents as shall be

reasonably necessary or reasonably incident to obtaining or

endeavoring to obtain for the requester any advantage, benefit

or emolument accruing or due to such person under any law of

the United States, the State of Illinois or any other state or

governmental agency by reason of the service of such veteran,

and in pursuance thereof shall:

(1) Contact veterans, their survivors and dependents

and advise them of the benefits of state and federal laws

and assist them in obtaining such benefits;

(2) Establish field offices and direct the activities

of the personnel assigned to such offices;

(3) Create and maintain a volunteer field force; the

volunteer field force may include representatives from the

following without limitation: of accredited

representatives, representing educational institutions,

labor organizations, veterans organizations, employers,

churches, and farm organizations; the volunteer field

force may not process federal veterans assistance claims;

(4) Conduct informational and training services;

(5) Conduct educational programs through newspapers,

periodicals, social media, television, and radio for the

specific purpose of disseminating information affecting

veterans and their dependents;

(6) Coordinate the services and activities of all state

departments having services and resources affecting

veterans and their dependents;

(7) Encourage and assist in the coordination of

agencies within counties giving service to veterans and

their dependents;

(8) Cooperate with veterans organizations and other

governmental agencies;

(9) Make, alter, amend and promulgate reasonable rules

and procedures for the administration of this Act;

(10) Make and publish annual reports to the Governor

regarding the administration and general operation of the

Department;

(11) (Blank); and

(12) (Blank).

The Department may accept and hold on behalf of the State,

if for the public interest, a grant, gift, devise or bequest of

money or property to the Department made for the general

benefit of Illinois veterans, including the conduct of

informational and training services by the Department and other

authorized purposes of the Department. The Department shall

cause each grant, gift, devise or bequest to be kept as a

distinct fund and shall invest such funds in the manner

provided by the Public Funds Investment Act, as now or

hereafter amended, and shall make such reports as may be

required by the Comptroller concerning what funds are so held

and the manner in which such funds are invested. The Department

may make grants from these funds for the general benefit of

Illinois veterans. Grants from these funds, except for the

funds established under Sections 2.01a and 2.03, shall be

subject to appropriation.

The Department has the power to make grants, from funds

appropriated from the Korean War Veterans National Museum and

Library Fund, to private organizations for the benefit of the

Korean War Veterans National Museum and Library.

The Department has the power to make grants, from funds

appropriated from the Illinois Military Family Relief Fund, for

benefits authorized under the Survivors Compensation Act.

(Source: P.A. 97-297, eff. 1-1-12; 97-765, eff. 7-6-12.)

(20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01)

Sec. 2.01. Veterans Home admissions.

(a) Any honorably discharged veteran is entitled to

admission to an Illinois Veterans Home if the applicant meets

the requirements of this Section.

(b) The veteran must:

(1) have served in the armed forces of the United

States at least 1 day in World War II, the Korean Conflict,

the Viet Nam Campaign, or the Persian Gulf Conflict between

the dates recognized by the U.S. Department of Veterans

Affairs or between any other present or future dates

recognized by the U.S. Department of Veterans Affairs as a

war period, or have served in a hostile fire environment

and has been awarded a campaign or expeditionary medal

signifying his or her service, for purposes of eligibility

for domiciliary or nursing home care;

(2) have served and been honorably discharged or

retired from the armed forces of the United States for a

service connected disability or injury, for purposes of

eligibility for domiciliary or nursing home care;

(3) have served as an enlisted person at least 90 days

on active duty in the armed forces of the United States,

excluding service on active duty for training purposes

only, and entered active duty before September 8, 1980, for

purposes of eligibility for domiciliary or nursing home

care;

(4) have served as an officer at least 90 days on

active duty in the armed forces of the United States,

excluding service on active duty for training purposes

only, and entered active duty before October 17, 1981, for

purposes of eligibility for domiciliary or nursing home

care;

(5) have served on active duty in the armed forces of

the United States for 24 months of continuous service or

more, excluding active duty for training purposes only, and

enlisted after September 7, 1980, for purposes of

eligibility for domiciliary or nursing home care;

(6) have served as a reservist in the armed forces of

the United States or the National Guard and the service

included being called to federal active duty, excluding

service on active duty for training purposes only, and who

completed the term, for purposes of eligibility for

domiciliary or nursing home care;

(7) have been discharged for reasons of hardship or

released from active duty due to a reduction in the United

States armed forces prior to the completion of the required

period of service, regardless of the actual time served,

for purposes of eligibility for domiciliary or nursing home

care; or

(8) have served in the National Guard or Reserve Forces

of the United States and completed 20 years of satisfactory

service, be otherwise eligible to receive reserve or active

duty retirement benefits, and have been an Illinois

resident for at least one year before applying for

admission for purposes of eligibility for domiciliary care

only.

(c) The veteran must have service accredited to the State

of Illinois or have been a resident of this State for one year

immediately preceding the date of application.

(d) For admission to the Illinois Veterans Homes at Anna

and Quincy, the veteran must be disabled by disease, wounds, or

otherwise and because of the disability be incapable of earning

a living.

(e) For admission to the Illinois Veterans Homes at LaSalle

and Manteno, the veteran must be disabled by disease, wounds,

or otherwise and, for purposes of eligibility for nursing home

care, require nursing care because of the disability.

(f) An individual who served during a time of conflict as

set forth in subsection (a)(1) of this Section has preference

over all other qualifying candidates, for purposes of

eligibility for domiciliary or nursing home care at any

Illinois Veterans Home.

(g) A veteran or spouse, once admitted to an Illinois

Veterans Home facility, is considered a resident for

interfacility purposes.

(Source: P.A. 97-297, eff. 1-1-12.)

(20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)

Sec. 2.04. There shall be established in the State Treasury

special funds known as (i) the LaSalle Veterans Home Fund, (ii)

the Anna Veterans Home Fund, (iii) the Manteno Veterans Home

Fund, and (iv) the Quincy Veterans Home Fund. All moneys

received by an Illinois Veterans Home from Medicare and from

maintenance charges to veterans, spouses, and surviving

spouses residing at that Home shall be paid into that Home's

Fund. All moneys received from the U.S. Department of Veterans

Affairs for patient care shall be transmitted to the Treasurer

of the State for deposit in the Veterans Home Fund for the Home

in which the veteran resides. Appropriations shall be made from

a Fund only for the needs of the Home, including capital

improvements, building rehabilitation, and repairs.

The administrator of each Veterans Home shall establish a

locally-held member's benefits fund. The Director may

authorize the Veterans Home to conduct limited fundraising in

accordance with applicable laws and regulations for which the

sole purpose is to benefit the Veterans Home's member's

benefits fund. Revenues accruing to an Illinois Veterans Home,

including any donations, grants for the operation of the Home,

profits from commissary stores, and funds received from any

individual or other source, including limited fundraising,

shall be deposited into that Home's benefits fund. Expenditures

from the benefits funds shall be solely for the special

comfort, pleasure, and amusement of residents. Contributors of

unsolicited private donations may specify the purpose for which

the private donations are to be used.

Upon request of the Department, the State's Attorney of the

county in which a resident or living former resident of an

Illinois Veterans Home who is liable under this Act for payment

of sums representing maintenance charges resides shall file an

action in a court of competent jurisdiction against any such

person who fails or refuses to pay such sums. The court may

order the payment of sums due to maintenance charges for such

period or periods of time as the circumstances require.

Upon the death of a person who is or has been a resident of

an Illinois Veterans Home who is liable for maintenance charges

and who is possessed of property, the Department may present a

claim for such sum or for the balance due in case less than the

rate prescribed under this Act has been paid. The claim shall

be allowed and paid as other lawful claims against the estate.

The administrator of each Veterans Home shall establish a

locally-held trust fund to maintain moneys held for residents.

Whenever the Department finds it necessary to preserve order,

preserve health, or enforce discipline, the resident shall

deposit in a trust account at the Home such monies from any

source of income as may be determined necessary, and

disbursement of these funds to the resident shall be made only

by direction of the administrator.

If a resident of an Illinois Veterans Home has a dependent

child, spouse, or parent the administrator may require that all

monies received be deposited in a trust account with dependency

contributions being made at the direction of the administrator.

The balance retained in the trust account shall be disbursed to

the resident at the time of discharge from the Home or to his

or her heirs or legal representative at the time of the

resident's death, subject to Department regulations or order of

the court.

The Director of Central Management Services, with the

consent of the Director of Veterans' Affairs, is authorized and

empowered to lease or let any real property held by the

Department of Veterans' Affairs for an Illinois Veterans Home

to entities or persons upon terms and conditions which are

considered to be in the best interest of that Home. The real

property must not be needed for any direct or immediate purpose

of the Home. In any leasing or letting, primary consideration

shall be given to the use of real property for agricultural

purposes, and all moneys received shall be transmitted to the

Treasurer of the State for deposit in the appropriate Veterans

Home Fund.

(Source: P.A. 97-297, eff. 1-1-12.)

(20 ILCS 2805/2.12 new)

Sec. 2.12. Cemeteries. The Department may operate

cemeteries at the Manteno Veterans Home and the Quincy Veterans

Home for interment of veterans or their spouses as identified

by the Department.

(20 ILCS 2805/3) (from Ch. 126 1/2, par. 68)

Sec. 3. The Department shall:

1. establish Establish an administrative office in

Springfield and a branch thereof in Chicago;

2. establish Establish such field offices as it shall find

necessary to enable it to perform its duties; and

3. maintain Cause to be maintained, at its various offices,

case files containing records of services rendered to each

applicant, service progress cards, and a follow-up system to

facilitate the completion of each request.

(Source: P.A. 79-376.)

Section 10. The Nursing Home Care Act is amended by

changing Sections 2-201.5 and 3-101.5 and by adding Section

3-202.6 as follows:

(210 ILCS 45/2-201.5)

Sec. 2-201.5. Screening prior to admission.

(a) All persons age 18 or older seeking admission to a

nursing facility must be screened to determine the need for

nursing facility services prior to being admitted, regardless

of income, assets, or funding source. Screening for nursing

facility services shall be administered through procedures

established by administrative rule. Screening may be done by

agencies other than the Department as established by

administrative rule. This Section applies on and after July 1,

1996. No later than October 1, 2010, the Department of

Healthcare and Family Services, in collaboration with the

Department on Aging, the Department of Human Services, and the

Department of Public Health, shall file administrative rules

providing for the gathering, during the screening process, of

information relevant to determining each person's potential

for placing other residents, employees, and visitors at risk of

harm.

(a-1) Any screening performed pursuant to subsection (a) of

this Section shall include a determination of whether any

person is being considered for admission to a nursing facility

due to a need for mental health services. For a person who

needs mental health services, the screening shall also include

an evaluation of whether there is permanent supportive housing,

or an array of community mental health services, including but

not limited to supported housing, assertive community

treatment, and peer support services, that would enable the

person to live in the community. The person shall be told about

the existence of any such services that would enable the person

to live safely and humanely and about available appropriate

nursing home services that would enable the person to live

safely and humanely, and the person shall be given the

assistance necessary to avail himself or herself of any

available services.

(a-2) Pre-screening for persons with a serious mental

illness shall be performed by a psychiatrist, a psychologist, a

registered nurse certified in psychiatric nursing, a licensed

clinical professional counselor, or a licensed clinical social

worker, who is competent to (i) perform a clinical assessment

of the individual, (ii) certify a diagnosis, (iii) make a

determination about the individual's current need for

treatment, including substance abuse treatment, and recommend

specific treatment, and (iv) determine whether a facility or a

community-based program is able to meet the needs of the

individual.

For any person entering a nursing facility, the

pre-screening agent shall make specific recommendations about

what care and services the individual needs to receive,

beginning at admission, to attain or maintain the individual's

highest level of independent functioning and to live in the

most integrated setting appropriate for his or her physical and

personal care and developmental and mental health needs. These

recommendations shall be revised as appropriate by the

pre-screening or re-screening agent based on the results of

resident review and in response to changes in the resident's

wishes, needs, and interest in transition.

Upon the person entering the nursing facility, the

Department of Human Services or its designee shall assist the

person in establishing a relationship with a community mental

health agency or other appropriate agencies in order to (i)

promote the person's transition to independent living and (ii)

support the person's progress in meeting individual goals.

(a-3) The Department of Human Services, by rule, shall

provide for a prohibition on conflicts of interest for

pre-admission screeners. The rule shall provide for waiver of

those conflicts by the Department of Human Services if the

Department of Human Services determines that a scarcity of

qualified pre-admission screeners exists in a given community

and that, absent a waiver of conflicts, an insufficient number

of pre-admission screeners would be available. If a conflict is

waived, the pre-admission screener shall disclose the conflict

of interest to the screened individual in the manner provided

for by rule of the Department of Human Services. For the

purposes of this subsection, a "conflict of interest" includes,

but is not limited to, the existence of a professional or

financial relationship between (i) a PAS-MH corporate or a

PAS-MH agent and (ii) a community provider or long-term care

facility.

(b) In addition to the screening required by subsection

(a), a facility, except for those licensed as long term care

for under age 22 facilities, shall, within 24 hours after

admission, request a criminal history background check

pursuant to the Uniform Conviction Information Act for all

persons age 18 or older seeking admission to the facility,

unless a background check was initiated by a hospital pursuant

to subsection (d) of Section 6.09 of the Hospital Licensing Act

or a pre-admission background check was conducted by the

Department of Veterans' Affairs 30 days prior to admittance

into an Illinois Veterans Home. Background checks conducted

pursuant to this Section shall be based on the resident's name,

date of birth, and other identifiers as required by the

Department of State Police. If the results of the background

check are inconclusive, the facility shall initiate a

fingerprint-based check, unless the fingerprint check is

waived by the Director of Public Health based on verification

by the facility that the resident is completely immobile or

that the resident meets other criteria related to the

resident's health or lack of potential risk which may be

established by Departmental rule. A waiver issued pursuant to

this Section shall be valid only while the resident is immobile

or while the criteria supporting the waiver exist. The facility

shall provide for or arrange for any required fingerprint-based

checks to be taken on the premises of the facility. If a

fingerprint-based check is required, the facility shall

arrange for it to be conducted in a manner that is respectful

of the resident's dignity and that minimizes any emotional or

physical hardship to the resident.

(c) If the results of a resident's criminal history

background check reveal that the resident is an identified

offender as defined in Section 1-114.01, the facility shall do

the following:

(1) Immediately notify the Department of State Police,

in the form and manner required by the Department of State

Police, in collaboration with the Department of Public

Health, that the resident is an identified offender.

(2) Within 72 hours, arrange for a fingerprint-based

criminal history record inquiry to be requested on the

identified offender resident. The inquiry shall be based on

the subject's name, sex, race, date of birth, fingerprint

images, and other identifiers required by the Department of

State Police. The inquiry shall be processed through the

files of the Department of State Police and the Federal

Bureau of Investigation to locate any criminal history

record information that may exist regarding the subject.

The Federal Bureau of Investigation shall furnish to the

Department of State Police, pursuant to an inquiry under

this paragraph (2), any criminal history record

information contained in its files.

The facility shall comply with all applicable provisions

contained in the Uniform Conviction Information Act.

All name-based and fingerprint-based criminal history

record inquiries shall be submitted to the Department of State

Police electronically in the form and manner prescribed by the

Department of State Police. The Department of State Police may

charge the facility a fee for processing name-based and

fingerprint-based criminal history record inquiries. The fee

shall be deposited into the State Police Services Fund. The fee

shall not exceed the actual cost of processing the inquiry.

(d) (Blank).

(e) The Department shall develop and maintain a

de-identified database of residents who have injured facility

staff, facility visitors, or other residents, and the attendant

circumstances, solely for the purposes of evaluating and

improving resident pre-screening and assessment procedures

(including the Criminal History Report prepared under Section

2-201.6) and the adequacy of Department requirements

concerning the provision of care and services to residents. A

resident shall not be listed in the database until a Department

survey confirms the accuracy of the listing. The names of

persons listed in the database and information that would allow

them to be individually identified shall not be made public.

Neither the Department nor any other agency of State government

may use information in the database to take any action against

any individual, licensee, or other entity, unless the

Department or agency receives the information independent of

this subsection (e). All information collected, maintained, or

developed under the authority of this subsection (e) for the

purposes of the database maintained under this subsection (e)

shall be treated in the same manner as information that is

subject to Part 21 of Article VIII of the Code of Civil

Procedure.

(Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.)

(210 ILCS 45/3-101.5)

Sec. 3-101.5. Illinois Veterans Homes. An Illinois

Veterans Home licensed under this Act and operated by the

Illinois Department of Veterans' Affairs is exempt from the

license fee provisions of Section 3-103 of this Act and the

provisions of Sections 3-104 through 3-106, 3-202.5, 3-208,

3-302, 3-303, and 3-401 through 3-423, 3-503 through 3-517, and

3-603 through 3-607 of this Act. A monitor or receiver shall be

placed in an Illinois Veterans Home only by court order or by

agreement between the Director of Public Health, the Director

of Veterans' Affairs, and the Secretary of the United States

Department of Veterans Affairs.

(Source: P.A. 96-703, eff. 8-25-09.)

(210 ILCS 45/3-202.6 new)

Sec. 3-202.6. Department of Veterans' Affairs facility

plan review.

(a) Before commencing construction of a new facility or

specified types of alteration or additions to an existing

long-term care facility involving major construction, as

defined by rule by the Department, with an estimated cost

greater than $100,000, architectural drawings and

specifications for the facility shall be submitted to the

Department for review. A facility may submit architectural

drawings and specifications for other construction projects

for Department review according to subsection (b) of this

Section. Review of drawings and specifications shall be

conducted by an employee of the Department meeting the

qualifications established by the Department of Central

Management Services class specifications for such an

individual's position or by a person contracting with the

Department who meets those class specifications.

(b) The Department shall inform an applicant in writing

within 15 working days after receiving drawings and

specifications from the applicant whether the applicant's

submission is complete or incomplete. Failure to provide the

applicant with this notice within 15 working days after

receiving drawings and specifications from the applicant shall

result in the submission being deemed complete for purposes of

initiating the 60-working-day review period under this

Section. If the submission is incomplete, the Department shall

inform the applicant of the deficiencies with the submission in

writing.

If the submission is complete, the Department shall approve

or disapprove drawings and specifications submitted to the

Department no later than 60 working days following receipt by

the Department. The drawings and specifications shall be of

sufficient detail, as provided by Department rule, to enable

the Department to render a determination of compliance with

design and construction standards under this Act. If the

Department finds that the drawings are not of sufficient detail

for it to render a determination of compliance, the plans shall

be determined to be incomplete and shall not be considered for

purposes of initiating the 60-working-day review period. If a

submission of drawings and specifications is incomplete, the

applicant may submit additional information. The

60-working-day review period shall not commence until the

Department determines that a submission of drawings and

specifications is complete or the submission is deemed

complete. If the Department has not approved or disapproved the

drawings and specifications within 60 working days after

receipt by the Department, the construction, major alteration,

or addition shall be deemed approved. If the drawings and

specifications are disapproved, the Department shall state in

writing, with specificity, the reasons for the disapproval. The

entity submitting the drawings and specifications may submit

additional information in response to the written comments from

the Department or request a reconsideration of the disapproval.

A final decision of approval or disapproval shall be made

within 45 working days after the receipt of the additional

information or reconsideration request. If denied, the

Department shall state the specific reasons for the denial.

(c) The Department shall provide written approval for

occupancy pursuant to subsection (e) of this Section and shall

not issue a violation to a facility as a result of a licensure

or complaint survey based upon the facility's physical

structure if:

(1) the Department reviewed and approved or is deemed

to have approved the drawings and specifications for

compliance with design and construction standards;

(2) the construction, major alteration, or addition

was built as submitted;

(3) the law or rules have not been amended since the

original approval; and

(4) the conditions at the facility indicate that there

is a reasonable degree of safety provided for the

residents.

(d) The Department shall not charge a fee in connection

with its reviews to the Department of Veterans' Affairs.

(e) The Department shall conduct an on-site inspection of

the completed project no later than 45 working days after

notification from the applicant that the project has been

completed and all certifications required by the Department

have been received and accepted by the Department. The

Department may extend this deadline if a federally mandated

survey time frame takes precedence. The Department shall

provide written approval for occupancy to the applicant within

7 working days after the Department's final inspection,

provided the applicant has demonstrated substantial compliance

as defined by Department rule. Occupancy of new major

construction is prohibited until Department approval is

received, unless the Department has not acted within the time

frames provided in this subsection (e), in which case the

construction shall be deemed approved. Occupancy shall be

authorized after any required health inspection by the

Department has been conducted.

(f) The Department shall establish, by rule, an expedited

process for emergency repairs or replacement of like equipment.

(g) Nothing in this Section shall be construed to apply to

maintenance, upkeep, or renovation that does not affect the

structural integrity or fire or life safety of the building,

does not add beds or services over the number for which the

long-term care facility is licensed, and provides a reasonable

degree of safety for the residents.

(h) If the number of licensed facilities increases or the

number of beds for the currently licensed facilities increases,

the Department has the right to reassess the mandated time

frames listed in this Section.

Section 15. The Veterans and Servicemembers Court

Treatment Act is amended by changing Sections 10 and 25 as

follows:

(730 ILCS 167/10)

Sec. 10. Definitions. In this Act:

"Combination Veterans and Servicemembers Court program"

means a court program that includes a pre-adjudicatory and a

post-adjudicatory Veterans and Servicemembers court program.

"Court" means Veterans and Servicemembers Court.

"IDVA" means the Illinois Department of Veterans' Affairs.

"Peer recovery coach" means a volunteer veteran mentor

assigned to a veteran or servicemember during participation in

a veteran treatment court program who has been trained and

certified by the court to guide and mentor the participant to

successfully complete the assigned requirements.

"Post-adjudicatory Veterans and Servicemembers Court

Program" means a program in which the defendant has admitted

guilt or has been found guilty and agrees, along with the

prosecution, to enter a Veterans and Servicemembers Court

program as part of the defendant's sentence.

"Pre-adjudicatory Veterans and Servicemembers Court

Program" means a program that allows the defendant with the

consent of the prosecution, to expedite the defendant's

criminal case before conviction or before filing of a criminal

case and requires successful completion of the Veterans and

Servicemembers Court programs as part of the agreement.

"Servicemember" means a person who is currently serving in

the Army, Air Force, Marines, Navy, or Coast Guard on active

duty, reserve status or in the National Guard.

"VA" means the United States Department of Veterans'

Affairs.

"Veteran" means a person who served in the active military,

naval, or air service and who was discharged or released

therefrom under conditions other than dishonorable.

"Veterans and Servicemembers Court professional" means a

member of the Veterans and Servicemembers Court team, including

but not limited to a judge, prosecutor, defense attorney,

probation officer, coordinator, treatment provider, or peer

recovery coach.

"Veterans and Servicemembers Court" means a court or

program with an immediate and highly structured judicial

intervention process for substance abuse treatment, mental

health, or other assessed treatment needs of eligible veteran

and servicemember defendants that brings together substance

abuse professionals, mental health professionals, VA

professionals, local social programs and intensive judicial

monitoring in accordance with the nationally recommended 10 key

components of drug courts.

(Source: P.A. 96-924, eff. 6-14-10; 97-946, eff. 8-13-12.)

(730 ILCS 167/25)

Sec. 25. Procedure.

(a) The Court shall order the defendant to submit to an

eligibility screening and an assessment through the VA and/or

the IDVA to provide information on the defendant's veteran or

servicemember status.

(b) The Court shall order the defendant to submit to an

eligibility screening and mental health and drug/alcohol

screening and assessment of the defendant by the VA or by the

IDVA to provide assessment services for Illinois Courts. The

assessment shall include a risks assessment and be based, in

part, upon the known availability of treatment resources

available to the Veterans and Servicemembers Court. The

assessment shall also include recommendations for treatment of

the conditions which are indicating a need for treatment under

the monitoring of the Court and be reflective of a level of

risk assessed for the individual seeking admission. An

assessment need not be ordered if the Court finds a valid

screening and/or assessment related to the present charge

pending against the defendant has been completed within the

previous 60 days.

(c) The judge shall inform the defendant that if the

defendant fails to meet the conditions of the Veterans and

Servicemembers Court program, eligibility to participate in

the program may be revoked and the defendant may be sentenced

or the prosecution continued as provided in the Unified Code of

Corrections for the crime charged.

(d) The defendant shall execute a written agreement with

the Court as to his or her participation in the program and

shall agree to all of the terms and conditions of the program,

including but not limited to the possibility of sanctions or

incarceration for failing to abide or comply with the terms of

the program.

(e) In addition to any conditions authorized under the

Pretrial Services Act and Section 5-6-3 of the Unified Code of

Corrections, the Court may order the defendant to complete

substance abuse treatment in an outpatient, inpatient,

residential, or jail-based custodial treatment program, order

the defendant to complete mental health counseling in an

inpatient or outpatient basis, comply with physicians'

recommendation regarding medications and all follow up

treatment. This treatment may include but is not limited to

post-traumatic stress disorder, traumatic brain injury and

depression.

(f) The Court may establish a mentorship program that

provides access and support to program participants by peer

recovery coaches. Courts shall be responsible to administer the

mentorship program with the support of volunteer veterans and

local veteran service organizations. Peer recovery coaches

shall be trained and certified by the Court prior to being

assigned to participants in the program.

(Source: P.A. 96-924, eff. 6-14-10.)

Section 20. The Illinois Human Rights Act is amended by

adding Section 2-106 as follows:

(775 ILCS 5/2-106 new)

Sec. 2-106. Interagency Committee on Employees with

Disabilities.

(A) As used in this Section:

"State agency" means all officers, boards, commissions,

and agencies created by the Constitution in the executive

branch; all officers, departments, boards, commissions,

agencies, institutions, authorities, universities, bodies

politic and corporate of the State; and administrative units or

corporate outgrowths of the State government which are created

by or pursuant to statute, other than units of local government

and their officers, school districts, and boards of election

commissioners; all administrative units and corporate

outgrowths of the above and as may be created by executive

order of the Governor.

"State employee" means an employee of a State agency.

(B) The Interagency Committee on Employees with

Disabilities, created under repealed Section 19a of the

Personnel Code, is continued as set forth in this Section. The

Committee is composed of 18 members as follows: the Chairperson

of the Civil Service Commission or his or her designee, the

Director of Veterans' Affairs or his or her designee, the

Director of Central Management Services or his or her designee,

the Secretary of Human Services or his or her designee, the

Director of Human Rights or his or her designee, the Director

of the Illinois Council on Developmental Disabilities or his or

her designee, the Lieutenant Governor or his or her designee,

the Attorney General or his or her designee, the Secretary of

State or his or her designee, the State Comptroller or his or

her designee, the State Treasurer or his or her designee, and 7

State employees with disabilities appointed by and serving at

the pleasure of the Governor.

(C) The Director of Human Rights and the Secretary of Human

Services shall serve as co-chairpersons of the Committee. The

Committee shall meet as often as it deems necessary, but in no

case less than 6 times annually at the call of the

co-chairpersons. Notice shall be given to the members in

writing in advance of a scheduled meeting.

(D) The Department of Human Rights shall provide

administrative support to the Committee.

(E) The purposes and functions of the Committee are: (1) to

provide a forum where problems of general concern to State

employees with disabilities can be raised and methods of their

resolution can be suggested to the appropriate State agencies;

(2) to provide a clearinghouse of information for State

employees with disabilities by working with those agencies to

develop and retain such information; (3) to promote affirmative

action efforts pertaining to the employment of persons with

disabilities by State agencies; and (4) to recommend, where

appropriate, means of strengthening the affirmative action

programs for employees with disabilities in State agencies.

(F) The Committee shall annually make a complete report to

the General Assembly on the Committee's achievements and

accomplishments. Such report may also include an evaluation by

the Committee of the effectiveness of the hiring and

advancement practices in State government.

(G) This amendatory Act of the 99th General Assembly is not

intended to disqualify any current member of the Committee from

continued membership on the Committee in accordance with the

terms of this Section or the member's appointment.