State of Illinois
91st General Assembly
Legislation

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91_HB1863enr

 
HB1863 Enrolled                                LRB9105186RCdv

 1        AN ACT concerning the Chester Mental Health Center.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section   5.  The   Mental   Health   and   Developmental
 5    Disabilities  Administrative  Act  is  amended  by   changing
 6    Section 14 as follows:

 7        (20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
 8        Sec.  14.  Chester Mental Health Center.  To maintain and
 9    operate a facility for the care, custody,  and  treatment  of
10    persons  with  mental illness or habilitation of persons with
11    developmental  disabilities  hereinafter  designated,  to  be
12    known as the Chester Mental Health Center.
13        Within the Chester Mental Health Center  there  shall  be
14    confined  the following classes of persons, whose history, in
15    the opinion of the Department, discloses dangerous or violent
16    tendencies and who, upon examination under the  direction  of
17    the Department, have been found a fit subject for confinement
18    in that facility:
19             (a)  Any   male  person  who  is  charged  with  the
20        commission of a crime but has been acquitted by reason of
21        insanity as provided in Section 5-2-4 of the Unified Code
22        of Corrections.
23             (b)  Any  male  person  who  is  charged  with   the
24        commission  of  a  crime  but  has been found unfit under
25        Article 104 of the Code of Criminal Procedure of 1963.
26             (c)  Any  male  person  with   mental   illness   or
27        developmental  disabilities  or  person in need of mental
28        treatment now  confined  under  the  supervision  of  the
29        Department  or hereafter admitted to any facility thereof
30        or  committed  thereto  by   any   court   of   competent
31        jurisdiction.
 
HB1863 Enrolled            -2-                 LRB9105186RCdv
 1        If  and  when it shall appear to the facility director of
 2    the Chester Mental Health Center  that  it  is  necessary  to
 3    confine  persons in order to maintain security or provide for
 4    the protection  and  safety  of  recipients  and  staff,  the
 5    Chester  Mental  Health  Center  may confine all persons on a
 6    unit to their rooms.  This period of  confinement  shall  not
 7    exceed   10   hours  in  a  24  hour  period,  including  the
 8    recipient's scheduled hours of sleep, unless approved by  the
 9    Secretary   of   the   Department.    During  the  period  of
10    confinement, the persons confined shall be observed at  least
11    every   15   minutes.    A   record  shall  be  kept  of  the
12    observations.   This  confinement  shall  not  be  considered
13    seclusion as defined in the Mental Health  and  Developmental
14    Disabilities Code.
15        The facility director of the Chester Mental Health Center
16    may  authorize  the temporary use of handcuffs on a recipient
17    for a period not to exceed 10 minutes when necessary  in  the
18    course  of  transport of the recipient within the facility to
19    maintain custody or security.  Use of handcuffs is subject to
20    the provisions of Section 2-108  of  the  Mental  Health  and
21    Developmental  Disabilities  Code.  The facility shall keep a
22    monthly record listing each instance in which  handcuffs  are
23    used, circumstances indicating the need for use of handcuffs,
24    and  time  of  application  of  handcuffs and time of release
25    therefrom.  The facility director shall  allow  the  Illinois
26    Guardianship  and  Advocacy Commission, the agency designated
27    by the  Governor  under  Section  1  of  the  Protection  and
28    Advocacy  for  Developmentally  Disabled Persons Act, and the
29    Department to examine and copy such record upon request.
30        If and when it shall appear to the  satisfaction  of  the
31    Department  that  any  person  confined in the Chester Mental
32    Health Center is not or has ceased to be  such  a  source  of
33    danger  to  the  public  as  to require his subjection to the
34    regimen of the center, the Department is hereby authorized to
 
HB1863 Enrolled            -3-                 LRB9105186RCdv
 1    transfer such person to any State facility for  treatment  of
 2    persons  with  mental illness or habilitation of persons with
 3    developmental disabilities, as the nature of  the  individual
 4    case may require.
 5        Subject   to   the   provisions   of  this  Section,  the
 6    Department, except where otherwise provided  by  law,  shall,
 7    with  respect  to  the management, conduct and control of the
 8    Chester Mental Health Center and the discipline, custody  and
 9    treatment  of the persons confined therein, have and exercise
10    the same rights and powers  as  are  vested  by  law  in  the
11    Department   with  respect  to  any  and  all  of  the  State
12    facilities for treatment of persons with  mental  illness  or
13    habilitation  of persons with developmental disabilities, and
14    the recipients thereof, and shall  be  subject  to  the  same
15    duties as are imposed by law upon the Department with respect
16    to such facilities and the recipients thereof.
17    (Source:  P.A.  88-380;  89-439,  eff.  6-1-96;  89-507, eff.
18    7-1-97.)

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