210 ILCS 165/1
Short title
Short title. This Act may be cited as the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act. (Source: P.A. 101-229, eff. 1-1-20.)
Illinois Compiled Statutes 210 ILCS 165 — Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act.
Illinois · statute · 210 ILCS 165 · 17 active provisions
210 ILCS 165/5
Definitions
Definitions. As used in this Act: "Authorized electronic monitoring" means the placement and use of an electronic monitoring device by a resident in his or her room in accordance with this Act. "Community-integrated living arrangement" has the meaning given to that term in Section 3 of the Community-Integrated Living A…
210 ILCS 165/10
Authorized electronic monitoring
Authorized electronic monitoring. (a) A resident shall be permitted to conduct authorized electronic monitoring of the resident's room through the use of electronic monitoring devices placed in the room pursuant to this Act. (b) Nothing in this Act shall be construed to allow the use of an electronic monitoring device…
210 ILCS 165/15
Consent
Consent. (a) Except as otherwise provided in this subsection, a resident, a resident's plenary guardian of the person, or the parent of a resident under the age of 18 must consent in writing on a notification and consent form prescribed by the Department to the authorized electronic monitoring in the resident's room. (…
210 ILCS 165/20
Notice to the staff
Notice to the staff. (a) Authorized electronic monitoring may begin only after a notification and consent form prescribed by the Department has been completed and submitted to the staff. (b) A resident shall notify the staff in writing of his or her intent to install an electronic monitoring device by providing a compl…
210 ILCS 165/25
Cost and installation
Cost and installation. (a) A resident choosing to conduct authorized electronic monitoring must do so at his or her own expense, including paying purchase, installation, maintenance, and removal costs. (b) If a resident chooses to install an electronic monitoring device that uses Internet technology for visual or audio…
210 ILCS 165/27
Assistance program
Assistance program. (a) Subject to appropriation, the Department shall establish a program to assist residents receiving medical assistance under Article V of the Illinois Public Aid Code in accessing authorized electronic monitoring. (b) The Department shall distribute up to $50,000 in funds on an annual basis to resi…
210 ILCS 165/30
Notice to visitors
Notice to visitors. (a) If a resident of a community-integrated living arrangement or developmental disability facility conducts authorized electronic monitoring, a sign shall be clearly and conspicuously posted at all building entrances accessible to visitors. The notice must be entitled "Electronic Monitoring" and mu…
210 ILCS 165/40
Obstruction of electronic monitoring devices
Obstruction of electronic monitoring devices. (a) A person or entity is prohibited from knowingly hampering, obstructing, tampering with, or destroying an electronic monitoring device installed in a resident's room without the permission of the resident or the individual who consented on behalf of the resident in accor…
210 ILCS 165/45
Dissemination of recordings
Dissemination of recordings. (a) Staff may not access any video or audio recording created through authorized electronic monitoring without the written consent of the resident or the person who consented on behalf of the resident in accordance with Section 15 of this Act. (b) Except as required under the Freedom of Inf…
210 ILCS 165/50
Admissibility of evidence
Admissibility of evidence. Subject to applicable rules of evidence and procedure, any video or audio recording created through authorized electronic monitoring in accordance with this Act may be admitted into evidence in a civil, criminal, or administrative proceeding if the contents of the recording have not been edit…
210 ILCS 165/55
Report
Report. Staff of each community-integrated living arrangement and developmental disability facility shall report to the Department, in a manner prescribed by the Department, the number of authorized electronic monitoring notification and consent forms received annually. The Department shall report the total number of a…
210 ILCS 165/60
Liability
Liability. (a) A community-integrated living arrangement or developmental disability facility is not civilly or criminally liable for the inadvertent or intentional disclosure of a recording by a resident or a person who consents on behalf of the resident for any purpose not authorized by this Act. (b) A community-inte…
210 ILCS 165/65
Rules
Rules. The Department shall adopt rules necessary to administer and enforce any Section of this Act. Rulemaking shall not delay the full implementation of this Act. (Source: P.A. 101-229, eff. 1-1-20.)
210 ILCS 165/900
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 101-229, eff. 1-1-20; text omitted.)
210 ILCS 165/905
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 101-229, eff. 1-1-20; text omitted.)
210 ILCS 165/999
Effective date
Effective date. This Act takes effect January 1, 2020. (Source: P.A. 101-229, eff. 1-1-20.)