Public Act 093-0770
 
HB0722 Enrolled LRB093 05824 DRH 05917 b

    AN ACT in relation to mental health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 3-605 and
3-819 as follows:
 
    (405 ILCS 5/3-605)  (from Ch. 91 1/2, par. 3-605)
    Sec. 3-605. (a) In counties with a population of 3,000,000
or more, upon receipt of a petition and certificate prepared
pursuant to this Article, the county sheriff of the county in
which a respondent is found shall take a respondent into
custody and transport him to a mental health facility, or may
make arrangements with another public or private entity
including a licensed ambulance service to transport the
respondent to the mental health facility. In the event it is
determined by such facility that the respondent is in need of
commitment or treatment at another mental health facility, the
county sheriff shall transport the respondent to the
appropriate mental health facility, or the county sheriff may
make arrangements with another public or private entity
including a licensed ambulance service to transport the
respondent to the mental health facility.
    (b) The county sheriff may delegate his duties under
subsection (a) hereunder to another law enforcement body within
that county if that law enforcement body agrees.
    (b-5) In counties with a population under 3,000,000, upon
receipt of a petition and certificate prepared pursuant to this
Article, the Department shall make arrangements to
appropriately transport the respondent to a mental health
facility. In the event it is determined by the facility that
the respondent is in need of commitment or treatment at another
mental health facility, the Department shall make arrangements
to appropriately transport the respondent to another mental
health facility. The making of such arrangements and agreements
with public or private entities is independent of the
Department's role as a provider of mental health services and
does not indicate that the respondent is admitted to any
Department facility. In making such arrangements and
agreements with other public or private entities, the
Department shall include provisions to ensure (i) the provision
of trained personnel and the use of an appropriate vehicle for
the safe transport of the respondent and (ii) that the
respondent's insurance carrier as well as other programs, both
public and private, that provide payment for such
transportation services are fully utilized to the maximum
extent possible.
    The Department may not make arrangements with an existing
hospital or grant-in-aid or fee-for-service community provider
for transportation services under this Section unless the
hospital or provider has voluntarily submitted a proposal for
its transportation services. This requirement does not
eliminate or reduce any responsibility on the part of a
hospital or community provider to ensure transportation that
may arise independently through other State or federal law or
regulation.
    (c) The transporting authority acting in good faith and
without negligence in connection with the transportation of
respondents shall incur no liability, civil or criminal, by
reason of such transportation.
    (d) The respondent and the estate of that respondent are
liable for the payment of transportation costs for transporting
the respondent to a mental health facility. If the respondent
is a beneficiary of a trust described in Section 15.1 of the
Trusts and Trustees Act, the trust shall not be considered a
part of the respondent's estate and shall not be subject to
payment for transportation costs for transporting the
respondent to a mental health facility under this Section
except to the extent permitted under Section 15.1 of the Trusts
and Trustees Act. If the respondent is unable to pay or if the
estate of the respondent is insufficient, the responsible
relatives are severally liable for the payment of those sums or
for the balance due in case less than the amount owing has been
paid. If the respondent is covered by insurance, the insurance
carrier shall be liable for payment to the extent authorized by
the respondent's insurance policy.
(Source: P.A. 87-1158.)
 
    (405 ILCS 5/3-819)  (from Ch. 91 1/2, par. 3-819)
    Sec. 3-819. (a) In counties with a population of 3,000,000
or more, when a recipient is hospitalized upon court order, the
order may authorize a relative or friend of the recipient to
transport the recipient to the facility if such person is able
to do so safely and humanely. When the Department indicates
that it has transportation to the facility available, the order
may authorize the Department to transport the recipient there.
The court may order the sheriff of the county in which such
proceedings are held to transport the recipient to the
facility. When a recipient is hospitalized upon court order,
and the recipient has been transported to a mental health
facility, other than a state-operated mental health facility,
and it is determined by the facility that the recipient is in
need of commitment or treatment at another mental health
facility, the court shall determine whether a relative or
friend of the recipient or the Department is authorized to
transport the recipient between facilities, or whether the
county sheriff is responsible for transporting the recipient
between facilities. The sheriff may make arrangements with
another public or private entity including a licensed ambulance
service to transport the recipient to the facility. The
transporting entity acting in good faith and without negligence
in connection with the transportation of recipients shall incur
no liability, civil or criminal, by reason of such
transportation.
    (a-5) In counties with a population under 3,000,000, when a
recipient is hospitalized upon court order, the order may
authorize a relative or friend of the recipient to transport
the recipient to the facility if the person is able to do so
safely and humanely. The court may order the Department to
transport the recipient to the facility. When a recipient is
hospitalized upon court order, and the recipient has been
transported to a mental health facility other than a
State-operated mental health facility, and it is determined by
the facility that the recipient is in need of commitment or
treatment at another mental health facility, the court shall
determine whether a relative or friend of the recipient is
authorized to transport the recipient between facilities, or
whether the Department is responsible for transporting the
recipient between facilities. If the court determines that the
Department is responsible for the transportation, the
Department shall make arrangements either directly or through
agreements with another public or private entity, including a
licensed ambulance service, to appropriately transport the
recipient to the facility. The making of such arrangements and
agreements with public or private entities is independent of
the Department's role as a provider of mental health services
and does not indicate that the recipient is admitted to any
Department facility. In making such arrangements and
agreements with other public or private entities, the
Department shall include provisions to ensure (i) the provision
of trained personnel and the use of an appropriate vehicle for
the safe transport of the recipient and (ii) that the
recipient's insurance carrier as well as other programs, both
public and private, that provide payment for such
transportation services are fully utilized to the maximum
extent possible.
    The Department may not make arrangements with an existing
hospital or grant-in-aid or fee-for-service community provider
for transportation services under this Section unless the
hospital or provider has voluntarily submitted a proposal for
its transportation services. This requirement does not
eliminate or reduce any responsibility on the part of a
hospital or community provider to ensure transportation that
may arise independently through other State or federal law or
regulation.
    A transporting entity acting in good faith and without
negligence in connection with the transportation of a recipient
incurs no liability, civil or criminal, by reason of that
transportation.
    (b) The court may authorize the transporting entity may to
bill the recipient, the estate of the recipient, legally
responsible relatives, or insurance carrier for the cost of
providing transportation of the recipient to a mental health
facility. The recipient and the estate of the recipient are
liable for the payment of transportation costs for transporting
the recipient to a mental health facility. If the recipient is
a beneficiary of a trust described in Section 15.1 of the
Trusts and Trustees Act, the trust shall not be considered a
part of the recipient's estate and shall not be subject to
payment for transportation costs for transporting the
recipient to a mental health facility under this section,
except to the extent permitted under Section 15.1 of the Trusts
and Trustees Act. If the recipient is unable to pay or if the
estate of the recipient is insufficient, the responsible
relatives are severally liable for the payment of those sums or
for the balance due in case less than the amount owing has been
paid. If the recipient is covered by insurance, the insurance
carrier shall be liable for payment to the extent authorized by
the recipient's insurance policy.
    (c) Upon the delivery of a recipient to a facility, in
accordance with the procedure set forth in this Article, the
facility director of the facility shall sign a receipt
acknowledging custody of the recipient and for any personal
property belonging to him, which receipt shall be filed with
the clerk of the court entering the hospitalization order.
(Source: P.A. 87-1158; 88-380.)
 
    Section 99. Effective date. This Act takes effect January
1, 2005.

Effective Date: 1/1/2005