Disabilities Legislation - Illinois

SECOND CHANCE COMMISSION Creates the Second Chance Act. Creates a Second Chance Commission in each of the 5 judicial districts of the State appointed by the presiding appellate judge of the district. Provides that a Commission shall deliberate petitions for relief filed by defendants after the final disposition of their criminal cases. Provides that a Commission may grant: expungement of criminal records; sealing of criminal records; a waiver of disabilities barring employment, licensing, benefits, or another right or privilege; or certificates of good conduct. Establishes criteria to be used in determining whether or not to grant relief. Establishes procedures by which the State's Attorney, the arresting agency, the Department of State Police, or the chief legal officer of the unit of local government effecting the defendant's arrest may file an objection to the petition. Creates a private right of action against a person for maintaining, revealing, or otherwise using a record [...]

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DHS-DISABILITY-MEDICAID-AUTISM Amends the Department of Human Services Act and the Illinois Public Aid Code. Provides that, for purposes of the Department of Human Services' disability database, "developmental disabilities" include autism spectrum disorders. In connection with Medicaid, provides that a person diagnosed with an autism spectrum disorder shall be considered a person with a "developmental disability" or a "person with a related condition" for purposes of determining eligibility for services under Home and Community-Based Services Waivers for persons with developmental disabilities, without regard to whether that person is also diagnosed with mental retardation and without regard to that person's IQ level, so long as the person otherwise meets applicable level-of-care criteria under those waivers. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to:

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ADOPT-REQUIRE HEALTH INFO Amends the Adoption Act. Provides that individual health information summaries concerning the child and each birth parent shall be filed within 14 days of the petition filing in all adoptions of unrelated minors. Provides that each preadoption investigation shall review the health summaries. Provides that health summaries shall be without any information identifying either birth parent and shall summarize significant medical, dental, and mental health information including diseases, disabilities, alcohol or drug abuse, hereditary conditions or diseases, and drugs or medications used by the birth mother during the child's pregnancy. Provides that adoptive parents or the adopted child when he or she is an adult may petition the court for the release of the summaries. Provides that no liability shall attach to anyone who provides information for a health summary or to the adoption registry (at present, liability protections only apply to the adoption registry).[...]

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SCH CD-SPECIAL ED-AUTISM Amends the Children with Disabilities Article of the School Code. Provides that, in the development of the individualized education program for a student who has a disability on the autism spectrum, the IEP team shall consider and shall specifically address certain factors. Provides that consideration of these factors shall result in the clarification of a school district's responsibility to deliver appropriate educational services for children with disabilities on the autism spectrum, but shall not be construed to require or mandate any specific services. Effective January 1, 2008. Senate Committee Amendment No. 1 Removes language that requires the IEP team to specifically address certain factors in the development of the individualized education program for a student who has a disability on the autism spectrum. Removes language providing that consideration of these factors shall result in the clarification of a school district's responsibility [...]

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VEH CD-PARK-CHAIR LIFT ACCESS Amends the Illinois Vehicle Code. Provides that, if 2 or more adjacent parking spaces have been restricted, under an ordinance or regulation of a unit of local government, to use by vehicles displaying special plates or a special parking decal or device issued to a person with disabilities, at least one of those adjacent parking spaces must be restricted to use by a vehicle equipped with a wheelchair lift. Provides that if a parking space restricted to use by a vehicle equipped with a wheelchair lift is located in a parking lot, that parking space must be one of the disability parking spaces that are closest to the primary facility that the parking lot is serving. Provides that a parking restriction enacted under the new provision does not become effective until signs giving reasonable notice of the restriction have been posted. Provides that local authorities shall impose fines not exceeding $200 for violation of parking restrictions imposed under [...]

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SCH CD-SPECIAL ED-REIMBURSEMNT Amends the Children with Disabilities Article of the School Code. Increases the reimbursement amount to school districts for certificated employees who work with or on behalf of students with disabilities full time (instead of teachers, professional workers, directors, school psychologists, and readers) and non-certified employees by a specified amount each school year through the 2011-2012 school year. For each school year thereafter, provides that the reimbursement amount shall equal the amount from the previous school year increased by a percentage increase equal to the percentage increase, if any, in the Consumer Price Index for All Urban Consumers for all items. Effective immediately. Senate Committee Amendment No. 1 Restores current law with respect to the reimbursement for teachers, except provides that the reimbursement is for staff working on behalf of certain children (instead of for those children) and provides for a [...]

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STATE AGENCIES-NURSE OVERTIME Amends the Department of Children and Family Services Powers Law of the Civil Administrative Code of Illinois, the Mental Health and Developmental Disabilities Administrative Act, the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois, the Department of Veterans Affairs Act, the Illinois Public Aid Code, and the Unified Code of Corrections. Provides that no nurse who is paid an hourly wage and who has direct responsibility to oversee or carry out nursing care or related duties may be required to work mandated overtime except in the case of an unforeseen emergent circumstance when such overtime is required only as a last resort, and limits the time of such overtime. Provides that when a nurse is mandated to work up to 12 consecutive hours, the nurse must be allowed at least 8 consecutive hours of off-duty time. Prohibits retaliation because a nurse refuses to work mandated overtime as prohibited under these [...]

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MENTAL HLTH-INVOLUNTARY ADMIT Amends the Mental Health and Developmental Disabilities Code. Provides that "person subject to involuntary admission" includes (i) a person with mental illness and who because of his or her illness is reasonably expected to engage in dangerous conduct (instead of reasonably expected to inflict serious physical harm upon himself or herself or another in the near future) and (ii) a person with mental illness who, because of the nature of his or her illness, is unable to understand his or her need for treatment and who, if not treated, is reasonably expected to suffer or continue to suffer mental deterioration or emotional deterioration, or both, to the point that the person is reasonably expected to engage in dangerous conduct. Defines "dangerous conduct" as threatening behavior or conduct that places another individual in reasonable expectation of being harmed, or a person's inability to provide, without the assistance of family or outside help, for [...]

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