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INTERSTATE COMPACTS45 ILCS 45/0.01
(45 ILCS 45/) Interstate Compact on Mentally Disordered Offenders Act.
(45 ILCS 45/0.01)
(from Ch. 91 1/2, par. 50-20)
This Act may be cited as the
Interstate Compact on Mentally Disordered Offenders Act.
(Source: P.A. 86-1324.)
45 ILCS 45/1
(45 ILCS 45/1)
(from Ch. 91 1/2, par. 50-21)
The State of Illinois ratifies and approves the following
ARTICLE I. PURPOSE AND POLICY.
(a) The party states, desiring by common action to improve their
programs for the care and treatment of mentally disordered offenders,
declare that it is the policy of each of the party states to:
1. Strengthen their own programs and laws for the care and treatment of the
mentally disordered offender.
2. Encourage and provide for such care and treatment in the most
appropriate locations, giving due recognition to the need to achieve
adequacy of diagnosis, care, treatment, after-care and auxiliary
services and facilities and, to every extent practicable, to do so in
geographic locations convenient for providing a therapeutic environment.
3. Authorize cooperation among the party states in providing
services and facilities, when it is found that cooperative programs can
be more effective and efficient than programs separately pursued.
4. Place each mentally disordered offender in a legal status which
will facilitate his care, treatment and rehabilitation.
5. Authorize research and training of personnel on a cooperative
basis, in order to improve the quality or quantity of personnel
available for the proper staffing of programs, services and facilities
for mentally disordered offenders.
6. Care for and treat mentally disordered offenders under conditions
which will improve the public safety.
(b) Within the policies set forth in this Article, it is the purpose
of this compact to:
1. Authorize negotiation, entry into, and
operations under contractual arrangements among any two or more of the
party states for the establishment and maintenance of cooperative
programs in any one or more of the fields for which specific provision
is made in the several articles of this compact.
2. Set the limits within which such contracts may operate, so as to
assure protection of the civil rights of mentally disordered offenders
and protection of the rights and obligations of the public and of the
3. Facilitate the proper disposition of criminal charges pending
against mentally disordered offenders, so that programs for their care,
treatment and rehabilitation may be carried on efficiently.
ARTICLE II. DEFINITIONS.
As used in this compact:
(a) "Mentally disordered offender" means a person who has been
determined, by adjudication or other method legally sufficient for the
purpose in the party state where the determination is made, to be
mentally ill and:
1. is under sentence for the commission of crime; or
2. who is confined or committed on account of the commission of an
offense for which, in the absence of mental illness, said person would
be subject to incarceration in a penal or correctional facility.
(b) "Patient" means a mentally disordered offender who is cared for,
treated, or transferred pursuant to this compact.
(c) "Sending state" means a state party to this compact in which the
mentally disordered offender was convicted; or the state in which he
would be subject to trial on or conviction of an offense, except for his
mental condition; or, within the meaning of Article V of this compact,
the state whose authorities have filed a petition in connection with an
untried indictment, information or complaint.
(d) "Receiving state" means a state party to this compact to which a
mentally disordered offender is sent for care, after-care, treatment or
rehabilitation, or within the meaning of Article V of this compact, the
state in which a petition in connection with an untried indictment,
information or complaint has been filed.
ARTICLE III. CONTRACTS
(a) Each party state may make one or more contracts with any one or
more of the other party states for the care and treatment of mentally
disordered offenders on behalf of a sending state in facilities situated
in receiving states, or for the participation of such mentally
disordered offenders in programs of after-care on conditional release
administered by the receiving state. Any such contract shall provide
1. Its duration.
2. Payments to be made to the receiving state by the sending state
for patient care, treatment, and extraordinary services, if any.
3. Determination of responsibility for ordering or permitting the
furnishing of extraordinary services, if any.
4. Participation in compensated activities, if any, available to
patients; the disposition or crediting of any payment received by
patients on account thereof; and the crediting of proceeds from or
disposal of any products resulting therefrom.
5. Delivery and retaking of mentally disordered offenders.
6. Such other matters as may be necessary and appropriate to fix the
obligations, responsibilities and rights of the sending and receiving
(b) Prior to the construction or completion of construction of any
facility for mentally disordered offenders or addition to such facility
by a party state, any other party state or states may contract therewith
for the enlargement of the planned capacity of the facility or addition
thereto, or for the inclusion therein of particular equipment or
structures, and for the reservation of a specific percentum of the
capacity of the facility to be kept available for use by patients of the
sending state or states so contracting. Any sending state so contracting
may, to the extent that monies are legally available therefor, pay to
the receiving state, a reasonable sum as consideration for such
enlargement of capacity, or provision of equipment or structures, and
reservation of capacity. Such payment may be in a lump sum or in
installments as provided in the contract.
(c) A party state may contract with any one or more other party
states for the training of professional or other personnel whose
services, by reason of such training, would become available for or be
improved in respect of ability to participate in the care and treatment
of mentally disordered offenders. Such contracts may provide for such
training to take place at any facility being operated or to be operated
for the care and treatment of mentally disordered offenders; at any
institution or facility having resources suitable for the offering of
such training; or may provide for the separate establishment of training
facilities, provided that no such separate establishment shall be
undertaken, unless it is determined that an appropriate existing
facility or institution cannot be found at which to conduct the
contemplated program. Any contract entered into pursuant to this
paragraph shall provide for:
1. The administration, financing, and precise nature of the program.
2. The status and employment or other rights of the trainees.
3. All other necessary matters.
(d) No contract entered into pursuant to this compact shall be
inconsistent with any provision thereof.
ARTICLE IV. PROCEDURES AND RIGHTS.
(a) Whenever the duly constituted judicial or administrative
authorities in a state party to this compact, and which has entered into
a contract pursuant to Article III, shall decide that custody, care and
treatment in, or transfer of a patient to, a facility within the
territory of another party state, or conditional release for after-care
in another party state is necessary in order to provide adequate care
and treatment or is desirable in order to provide an appropriate program
of therapy or other treatment, or is desirable for clinical reasons,
said officials may direct that the custody, care and treatment be within
a facility or in a program of after-care within the territory of said
other party state, the receiving state to act in that regard solely as
agent for the sending state.
(b) The appropriate officials of any state party to this compact
shall have access, at all reasonable times, to any facility in which it
has a contractual right to secure care or treatment of patients for the
purpose of inspection and visiting such of its patients as may be in the
facility or served by it.
(c) Except as otherwise provided in Article VI, patients in a
facility pursuant to the terms of this compact shall at all times be
subject to the jurisdiction of the sending state and may at any time be
removed for transfer to a facility within the sending state, for
transfer to another facility in which the sending state may have a
contractual or other right to secure care and treatment of patients, for
release on after-care or other conditional status, for discharge, or for
any other purpose permitted by the laws of the sending state: provided
that the sending state shall continue to be obligated to such payments
as may be required pursuant to the terms of any contract entered into
under the terms of Article III.
(d) Each receiving state shall provide regular reports to each
sending state on the patients of that sending state in facilities
pursuant to this compact including a psychiatric and behavioral record
of each patient and certify said record to the official designated by
the sending state, in order that each patient may have the benefit of
his or her record in determining and altering the disposition of said
patient in accordance with the law which may obtain in the sending state
and in order that the same may be a source of information for the
(e) All patients who may be in a facility or receiving after-care
from a facility pursuant to the provisions of this compact shall be
treated in a reasonable and humane manner and shall be cared for,
treated and supervised in accordance with the standards pertaining to
the program administered at the facility. The fact of presence in a
receiving state shall not deprive any patient of any legal rights which
said patient would have had if in custody or receiving care, treatment
or supervision as appropriate in the sending state.
(f) Any hearing or hearings to which a patient present in a
receiving state pursuant to this compact may be entitled by the laws of
the sending state shall be had before the appropriate authorities of the
sending state, or of the receiving state if authorized by the sending
state. The receiving state shall provide adequate facilities for such
hearings as may be conducted by the appropriate officials of a sending
state. In the event such hearing or hearings are had before officials of
the receiving state, the governing law shall be that of the sending
state and a record of the hearing or hearings as prescribed by the
sending state shall be made. Said record together with any
recommendations of the hearing officials shall be transmitted forthwith
to the official or officials before whom the hearing would have been had
if it had taken place in the sending state. In any and all proceedings
had pursuant to the provisions of this paragraph, the officials of the
receiving state shall act solely as agents of the sending state and no
final determination shall be made in any matter except by the
appropriate officials of the sending state. Costs of records made
pursuant to this paragraph shall be borne by the sending state.
(g) Any patient confined pursuant to this compact shall be released
within the territory of the sending state unless the patient, and the
sending and receiving states, shall agree upon release in some other
place. The sending state shall bear the cost of such return to its
(h) Any patient pursuant to the terms of this compact shall be
subject to civil process and shall have any and all rights to sue, be
sued and participate in and derive any benefits or incur or be relieved
of any obligations or have such obligations modified or his status
changed on account of any action or proceeding in which he could have
participated if in any appropriate facility of the sending state or
being supervised therefrom, as the case may be, located within such
(i) The parent, guardian, trustee, or other person or persons
entitled under the laws of the sending state to act for, advise, or
otherwise function with respect to any patient shall not be deprived of
or restricted in his exercise of any power in respect of any patient
pursuant to the terms of this compact.
ARTICLE V. DISPOSITION OF CHARGES.
(a) Whenever the authorities responsible for the care and treatment
of a mentally disordered offender, whether convicted or adjudicated in
the state or subject to care, after-care, treatment or rehabilitation
pursuant to a contract, are of the opinion that charges based on untried
indictments, informations or complaints in another party state present
obstacles to the proper care and treatment of a mentally disordered
offender or to the planning or execution of a suitable program for him,
such authorities may petition the appropriate court in the state where
the untried indictment, information or complaint is pending for prompt
disposition thereof. If the mentally disordered offender is a patient in
a receiving state, the appropriate authorities of the sending state,
upon recommendation of the appropriate authorities in the receiving
state, shall, if they concur in the recommendation, file the petition
contemplated by this paragraph.
(b) The court shall hold a hearing on the petition within thirty
days of the filing thereof. Such hearing shall be only to determine
whether the proper safeguarding and advancement of the public interest,
the condition of the mentally disordered offender, and the prospects for
more satisfactory care, treatment and rehabilitation of him warrant
disposition of the untried indictment, information or complaint prior to
termination of the defendant's status as a mentally disordered offender
in the sending state. The prosecuting officer of the jurisdiction from
which the untried indictment, information or complaint is pending, the
petitioning authorities, and such other persons as the court may
determine shall be entitled to be heard.
(c) Upon any hearing pursuant to this Article, the court may order
such adjournments or continuances as may be necessary for the
examination or observation of the mentally disordered offender or for
the securing of necessary evidence. In granting or denying any such
adjournment or continuance, the court shall give primary consideration
to the purposes of this compact, and more particularly to the need for
expeditious determination of the legal and mental status of a mentally
disordered offender so that his care, treatment and discharge to the
community only under conditions which will be consonant with the public
safety may be implemented.
(d) The presence of a mentally disordered offender within a state
wherein a petition is pending or being heard pursuant to this Article,
or his presence within any other state through which he is being
transported in connection with such petition or hearing, shall be only
for the purposes of this compact, and no court, agency or person shall
have or obtain jurisdiction over such mentally disordered offender for
any other purpose by reason of his presence pursuant to this Article.
The mentally disordered offender shall, at all times, remain in the
custody of the sending state. Any acts of officers, employees, or
agencies of the receiving state in providing or facilitating detention,
housing or transportation for the mentally disordered offender shall be
only as agents for the sending state.
(e) Promptly upon conclusion of the hearing the court shall dismiss
the untried indictment, information or complaint, if it finds that the
purposes enumerated in paragraph (b) of this Article would be served
thereby. Otherwise, the court shall make such order with respect to the
petition and the untried indictment, information or complaint as may be
appropriate in the circumstances and consistent with the status of the
defendant as a mentally disordered offender in the custody of and
subject to the jurisdiction of the sending state.
(f) No fact or other matter established or adjudicated at any
hearing pursuant to this Article, or in connection therewith, shall be
deemed established or adjudicated, nor shall the same be admissible in
evidence, in any subsequent prosecution of the untried indictment,
information or complaint concerned in a petition filed pursuant to this
1. The defendant or his duly empowered legal representative
requested or expressly acquiesced in the making of the petition, and was
afforded an opportunity to participate in person in the hearing; or
2. The defendant himself offers or consents to the introduction of
the determination or adjudication at such subsequent proceedings.
ARTICLE VI. ACTS NOT REVIEWABLE IN RECEIVING STATE; RETURN
(a) Any decision of the sending state in respect of any matter over
which it retains jurisdiction pursuant to this compact shall be
conclusive upon and not reviewable within the receiving state, but if at
the time the sending state seeks to remove a patient from the receiving
state there is pending against the patient within such state any
criminal charge or if the patient is suspected of having committed
within such state a criminal offense, the patient shall not be returned
without the consent of the receiving state until discharged from
prosecution or other form of proceeding, imprisonment or detention for
such offense. The duly accredited officers of the sending state shall be
permitted to transport patients pursuant to this compact through any and
all states party to this compact without interference.
(b) A patient who escapes while receiving care and treatment or who
violates provisions of after-care by leaving the jurisdiction, or while
being detained or transported pursuant to this compact shall be deemed
an escapee from the sending state and from the state in which the
facility is situated or the after-care was being provided. In the case
of an escape to a jurisdiction other than the sending or receiving
state, the responsibility for return shall be that of the sending state,
but nothing contained herein shall be construed to prevent or affect the
activities of officers and agencies of any jurisdiction directed toward
the apprehension and return of an escapee.
ARTICLE VII. FEDERAL AID.
Any state party to this compact may accept federal aid for use in
connection with any facility or program, the use of which is or may be
affected by this compact or any contract pursuant thereto and any
patient in a receiving state pursuant to this compact may participate in
any such federally aided program or activity for which the sending and
receiving states have made contractual provision: provided that if such
program or activity is not part of the customary regimen of the
facility, or program, the express consent of the appropriate official of
the sending state shall be required therefor.
ARTICLE VIII. ENTRY INTO FORCE.
This compact shall enter into force and become effective and binding
upon the states so acting when it has been enacted into law by any two
states from among the states of Illinois, Indiana, Iowa, Kansas,
Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South
Dakota and Wisconsin. Thereafter, this compact shall enter into force
and become effective as to any other of said states, or any other state
upon similar action by such state.
ARTICLE IX. WITHDRAWAL AND TERMINATION.
This compact shall continue in force and remain binding upon a party
state until it shall have enacted a statute repealing the same and
providing for the sending of formal written notice of withdrawal from
the compact to the appropriate officials of all other party states. An
actual withdrawal shall not take effect until two years after the
notices provided in said statute have been sent. Such withdrawal shall
not relieve the withdrawing state from its obligations assumed hereunder
prior to the effective date of withdrawal. Before the effective date of
withdrawal, a withdrawing state shall remove to its territory, at its
own expense, such patients as it may have in other party states pursuant
to the provisions of this compact.
ARTICLE X. OTHER ARRANGEMENTS UNAFFECTED.
Nothing contained in this compact shall be construed to abrogate or
impair any agreement or other arrangement which a party state may have
with a nonparty state for the custody, care, treatment, rehabilitation
or after-care of patients nor to repeal any other laws of a party state
authorizing the making of cooperative arrangements.
ARTICLE XI. CONSTRUCTION AND SEVERABILITY.
The provisions of this compact shall be liberally construed and shall
severable. If any phrase, clause, sentence or provision of this compact
declared to be contrary to the constitution of any participating state
of the United States or the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any
agency, person or circumstance shall not be affected thereby. If this
compact shall be held contrary to the constitution of any state
participating therein, the compact shall remain in full force and effect
to the remaining states and in full force and effect as to the state
affected as to all severable matters.
(Source: Laws 1967, p. 1396
45 ILCS 45/2
(45 ILCS 45/2)
(from Ch. 91 1/2, par. 50-22)
The Department of Human Services and the Department of Corrections,
Article III of the compact, may each negotiate, enter into and perform
contracts on behalf of this State.
(Source: P.A. 89-507, eff. 7-1-97.)