SB3648 EnrolledLRB103 37490 AWJ 67613 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Community Emergency Services and Support
5Act is amended by changing Sections 30, 45, 50, and 65 as
6follows:
 
7    (50 ILCS 754/30)
8    Sec. 30. State prohibitions. 9-1-1 PSAPs, emergency
9services dispatched through 9-1-1 PSAPs, and the mobile mental
10and behavioral health service established by the Division of
11Mental Health must coordinate their services so that, based on
12the information provided to them, the following State
13prohibitions are avoided:
14    (a) Law enforcement responsibility for providing mental
15and behavioral health care. In any area where mobile mental
16health relief providers are available for dispatch, law
17enforcement shall not be dispatched to respond to an
18individual requiring mental or behavioral health care unless
19that individual is (i) involved in a suspected violation of
20the criminal laws of this State, or (ii) presents a threat of
21physical injury to self or others. Mobile mental health relief
22providers are not considered available for dispatch under this
23Section if 9-8-8 reports that it cannot dispatch appropriate

 

 

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1service within the maximum response times established by each
2Regional Advisory Committee under Section 45.
3        (1) Standing on its own or in combination with each
4    other, the fact that an individual is experiencing a
5    mental or behavioral health emergency, or has a mental
6    health, behavioral health, or other diagnosis, is not
7    sufficient to justify an assessment that the individual is
8    a threat of physical injury to self or others, or requires
9    a law enforcement response to a request for emergency
10    response or medical transportation.
11        (2) If, based on its assessment of the threat to
12    public safety, law enforcement would not accompany medical
13    transportation responding to a physical health emergency,
14    unless requested by mobile mental health relief providers,
15    law enforcement may not accompany emergency response or
16    medical transportation personnel responding to a mental or
17    behavioral health emergency that presents an equivalent
18    level of threat to self or public safety.
19        (3) Without regard to an assessment of threat to self
20    or threat to public safety, law enforcement may station
21    personnel so that they can rapidly respond to requests for
22    assistance from mobile mental health relief providers if
23    law enforcement does not interfere with the provision of
24    emergency response or transportation services. To the
25    extent practical, not interfering with services includes
26    remaining sufficiently distant from or out of sight of the

 

 

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1    individual receiving care so that law enforcement presence
2    is unlikely to escalate the emergency.
3    (b) Mobile mental health relief provider involvement in
4involuntary commitment. In order to maintain the appropriate
5care relationship, mobile mental health relief providers shall
6not in any way assist in the involuntary commitment of an
7individual beyond (i) reporting to their dispatching entity or
8to law enforcement that they believe the situation requires
9assistance the mobile mental health relief providers are not
10permitted to provide under this Section; (ii) providing
11witness statements; and (iii) fulfilling reporting
12requirements the mobile mental health relief providers may
13have under their professional ethical obligations or laws of
14this State. This prohibition shall not interfere with any
15mobile mental health relief provider's ability to provide
16physical or mental health care.
17    (c) Use of law enforcement for transportation. In any area
18where mobile mental health relief providers are available for
19dispatch, unless requested by mobile mental health relief
20providers, law enforcement shall not be used to provide
21transportation to access mental or behavioral health care, or
22travel between mental or behavioral health care providers,
23except where no alternative is available.
24    (d) Reduction of educational institution obligations. The
25services coordinated under this Act may not be used to replace
26any service an educational institution is required to provide

 

 

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1to a student. It shall not substitute for appropriate special
2education and related services that schools are required to
3provide by any law.
4    (e) This Section is Subsections (a), (c), and (d) are
5operative beginning on the date the 3 conditions in Section 65
6are met or July 1, 2025 2024, whichever is earlier. Subsection
7(b) is operative beginning on July 1, 2024.
8(Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
 
9    (50 ILCS 754/45)
10    Sec. 45. Regional Advisory Committees.
11    (a) The Division of Mental Health shall establish Regional
12Advisory Committees in each EMS Region to advise on regional
13issues related to emergency response systems for mental and
14behavioral health. The Secretary of Human Services shall
15appoint the members of the Regional Advisory Committees. Each
16Regional Advisory Committee shall consist of:
17        (1) representatives of the 9-1-1 PSAPs in the region;
18        (2) representatives of the EMS Medical Directors
19    Committee, as constituted under the Emergency Medical
20    Services (EMS) Systems Act, or other similar committee
21    serving the medical needs of the jurisdiction;
22        (3) representatives of law enforcement officials with
23    jurisdiction in the Emergency Medical Services (EMS)
24    Regions;
25        (4) representatives of both the EMS providers and the

 

 

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1    unions representing EMS or emergency mental and behavioral
2    health responders, or both; and
3        (5) advocates from the mental health, behavioral
4    health, intellectual disability, and developmental
5    disability communities.
6    If no person is willing or available to fill a member's
7seat for one of the required areas of representation on a
8Regional Advisory Committee under paragraphs (1) through (5),
9the Secretary of Human Services shall adopt procedures to
10ensure that a missing area of representation is filled once a
11person becomes willing and available to fill that seat.
12    (b) The majority of advocates on the Regional Advisory
13Committee must either be individuals with a lived experience
14of a condition commonly regarded as a mental health or
15behavioral health disability, developmental disability, or
16intellectual disability or be from organizations primarily
17composed of such individuals. The members of the Committee
18shall also reflect the racial demographics of the jurisdiction
19served. To achieve the requirements of this subsection, the
20Division of Mental Health must establish a clear plan and
21regular course of action to engage, recruit, and sustain areas
22of established participation. The plan and actions taken must
23be shared with the general public.
24    (c) Subject to the oversight of the Department of Human
25Services Division of Mental Health, the EMS Medical Directors
26Committee or a chair appointed in agreement of the Division of

 

 

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1Mental Health and the EMS Medical Directors Committee is
2responsible for convening the meetings of the committee.
3Qualifications for appointment as chair under this subsection
4include a demonstrated understanding of the tasks of the
5Regional Advisory Committee as well as standing within the
6region as a leader capable of building consensus for the
7purpose of achieving the tasks assigned to the committee.
8Impacted units of local government may also have
9representatives on the committee subject to approval by the
10Division of Mental Health, if this participation is structured
11in such a way that it does not give undue weight to any of the
12groups represented.
13(Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
 
14    (50 ILCS 754/50)
15    Sec. 50. Regional Advisory Committee responsibilities.
16Each Regional Advisory Committee and subregional committee
17established by the Regional Advisory Committee are is
18responsible for designing the local protocols protocol to
19allow its region's or subregion's 9-1-1 call centers center
20and emergency responders to coordinate their activities with
219-8-8 as required by this Act and monitoring current operation
22to advise on ongoing adjustments to the local protocols. A
23subregional committee, which may be convened by a majority
24vote of a Regional Advisory Committee, must include members
25that are representative of all required categories of the full

 

 

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1Regional Advisory Committee and must provide guidance to the
2Regional Advisory Committees on adjustments that need to be
3made for local level operationalization of protocols protocol.
4Included in this responsibility, each Regional Advisory
5Committee or subregional committee must:
6        (1) negotiate the appropriate amendment of each 9-1-1
7    PSAP emergency dispatch protocols, in consultation with
8    each 9-1-1 PSAP in the EMS Region and consistent with
9    national certification requirements;
10        (2) set maximum response times for 9-8-8 to provide
11    service when an in-person response is required, based on
12    type of mental or behavioral health emergency, which, if
13    exceeded, constitute grounds for sending other emergency
14    responders through the 9-1-1 system;
15        (3) report, geographically by police district if
16    practical, the data collected through the direction
17    provided by the Statewide Advisory Committee in
18    aggregated, non-individualized monthly reports. These
19    reports shall be available to the Regional Advisory
20    Committee members, subregional committee members, the
21    Department of Human Service Division of Mental Health, the
22    Administrator of the 9-1-1 Authority, and to the public
23    upon request;
24        (4) convene, after the initial regional policies are
25    established, at least every 2 years to consider amendment
26    of the regional policies, if any, and also convene

 

 

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1    whenever a member of the Committee requests that the
2    Committee or subregional committee consider an amendment;
3    and
4        (5) identify regional resources and supports for use
5    by the mobile mental health relief providers as they
6    respond to the requests for services.
7(Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
 
8    (50 ILCS 754/65)
9    Sec. 65. PSAP and emergency service dispatched through a
109-1-1 PSAP; coordination of activities with mobile and
11behavioral health services. Each 9-1-1 PSAP and emergency
12service dispatched through a 9-1-1 PSAP must begin
13coordinating its activities with the mobile mental and
14behavioral health services established by the Division of
15Mental Health once all 3 of the following conditions are met,
16but not later than July 1, 2025 2024:
17        (1) the Statewide Committee has negotiated useful
18    protocol and 9-1-1 operator script adjustments with the
19    contracted services providing these tools to 9-1-1 PSAPs
20    operating in Illinois;
21        (2) the appropriate Regional Advisory Committee has
22    completed design of the specific 9-1-1 PSAP's process for
23    coordinating activities with the mobile mental and
24    behavioral health service; and
25        (3) the mobile mental and behavioral health service is

 

 

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1    available in their jurisdiction.
2(Source: P.A. 102-580, eff. 1-1-22; 102-1109, eff. 12-21-22;
3103-105, eff. 6-27-23.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.