Illinois General Assembly - Full Text of Public Act 098-0079
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Public Act 098-0079


 

Public Act 0079 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0079
 
SB0093 EnrolledLRB098 00254 RLC 35029 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
14 as follows:
 
    (20 ILCS 1705/14)  (from Ch. 91 1/2, par. 100-14)
    Sec. 14. Chester Mental Health Center. To maintain and
operate a facility for the care, custody, and treatment of
persons with mental illness or habilitation of persons with
developmental disabilities hereinafter designated, to be known
as the Chester Mental Health Center.
    Within the Chester Mental Health Center there shall be
confined the following classes of persons, whose history, in
the opinion of the Department, discloses dangerous or violent
tendencies and who, upon examination under the direction of the
Department, have been found a fit subject for confinement in
that facility:
        (a) Any male person who is charged with the commission
    of a crime but has been acquitted by reason of insanity as
    provided in Section 5-2-4 of the Unified Code of
    Corrections.
        (b) Any male person who is charged with the commission
    of a crime but has been found unfit under Article 104 of
    the Code of Criminal Procedure of 1963.
        (c) Any male person with mental illness or
    developmental disabilities or person in need of mental
    treatment now confined under the supervision of the
    Department or hereafter admitted to any facility thereof or
    committed thereto by any court of competent jurisdiction.
    If and when it shall appear to the facility director of the
Chester Mental Health Center that it is necessary to confine
persons in order to maintain security or provide for the
protection and safety of recipients and staff, the Chester
Mental Health Center may confine all persons on a unit to their
rooms. This period of confinement shall not exceed 10 hours in
a 24 hour period, including the recipient's scheduled hours of
sleep, unless approved by the Secretary of the Department.
During the period of confinement, the persons confined shall be
observed at least every 15 minutes. A record shall be kept of
the observations. This confinement shall not be considered
seclusion as defined in the Mental Health and Developmental
Disabilities Code.
    The facility director of the Chester Mental Health Center
may authorize the temporary use of handcuffs on a recipient for
a period not to exceed 10 minutes when necessary in the course
of transport of the recipient within the facility to maintain
custody or security. Use of handcuffs is subject to the
provisions of Section 2-108 of the Mental Health and
Developmental Disabilities Code. The facility shall keep a
monthly record listing each instance in which handcuffs are
used, circumstances indicating the need for use of handcuffs,
and time of application of handcuffs and time of release
therefrom. The facility director shall allow the Illinois
Guardianship and Advocacy Commission, the agency designated by
the Governor under Section 1 of the Protection and Advocacy for
Developmentally Disabled Persons Act, and the Department to
examine and copy such record upon request.
    If and when it shall appear to the satisfaction of the
Department that any person confined in the Chester Mental
Health Center is not or has ceased to be such a source of
danger to the public as to require his subjection to the
regimen of the center, the Department is hereby authorized to
transfer such person to any State facility for treatment of
persons with mental illness or habilitation of persons with
developmental disabilities, as the nature of the individual
case may require.
    Subject to the provisions of this Section, the Department,
except where otherwise provided by law, shall, with respect to
the management, conduct and control of the Chester Mental
Health Center and the discipline, custody and treatment of the
persons confined therein, have and exercise the same rights and
powers as are vested by law in the Department with respect to
any and all of the State facilities for treatment of persons
with mental illness or habilitation of persons with
developmental disabilities, and the recipients thereof, and
shall be subject to the same duties as are imposed by law upon
the Department with respect to such facilities and the
recipients thereof.
    The Department may elect to place persons who have been
ordered by the court to be detained under the Sexually Violent
Persons Commitment Act in a distinct portion of the Chester
Mental Health Center. The persons so placed shall be separated
and shall not comingle with the recipients of the Chester
Mental Health Center. The portion of Chester Mental Health
Center that is used for the persons detained under the Sexually
Violent Persons Commitment Act shall not be a part of the
mental health facility for the enforcement and implementation
of the Mental Health and Developmental Disabilities Code nor
shall their care and treatment be subject to the provisions of
the Mental Health and Developmental Disabilities Code. The
changes added to this Section by this amendatory Act of the
98th General Assembly are inoperative on and after June 30,
2015.
(Source: P.A. 91-559, eff. 1-1-00.)
 
    Section 10. The Sexually Violent Persons Commitment Act is
amended by changing Section 30 as follows:
 
    (725 ILCS 207/30)
    Sec. 30. Detention; probable cause hearing; transfer for
examination.
    (a) Upon the filing of a petition under Section 15 of this
Act, the court shall review the petition to determine whether
to issue an order for detention of the person who is the
subject of the petition. The person shall be detained only if
there is cause to believe that the person is eligible for
commitment under subsection (f) of Section 35 of this Act. A
person detained under this Section shall be held in a facility
approved by the Department. The Department may elect to place
persons who have been ordered by the court to be detained in a
State-operated mental health facility or a portion of that
facility. Persons placed in a State-operated mental health
facility under this Act shall be separated and shall not
comingle with the recipients of the mental health facility. The
portion of a State-operated mental health facility that is used
for the persons detained under this Act shall not be a part of
the mental health facility for the enforcement and
implementation of the Mental Health and Developmental
Disabilities Code nor shall their care and treatment be subject
to the provisions of the Mental Health and Developmental
Disabilities Code. The changes added to this Section by this
amendatory Act of the 98th General Assembly are inoperative on
and after June 30, 2015. If the person is serving a sentence of
imprisonment, is in a Department of Corrections correctional
facility or juvenile correctional facility or is committed to
institutional care, and the court orders detention under this
Section, the court shall order that the person be transferred
to a detention facility approved by the Department. A detention
order under this Section remains in effect until the person is
discharged after a trial under Section 35 of this Act or until
the effective date of a commitment order under Section 40 of
this Act, whichever is applicable.
    (b) Whenever a petition is filed under Section 15 of this
Act, the court shall hold a hearing to determine whether there
is probable cause to believe that the person named in the
petition is a sexually violent person. If the person named in
the petition is in custody, the court shall hold the probable
cause hearing within 72 hours after the petition is filed,
excluding Saturdays, Sundays and legal holidays. The court may
grant a continuance of the probable cause hearing for no more
than 7 additional days upon the motion of the respondent, for
good cause. If the person named in the petition has been
released, is on parole, is on mandatory supervised release, or
otherwise is not in custody, the court shall hold the probable
cause hearing within a reasonable time after the filing of the
petition. At the probable cause hearing, the court shall admit
and consider all relevant hearsay evidence.
    (c) If the court determines after a hearing that there is
probable cause to believe that the person named in the petition
is a sexually violent person, the court shall order that the
person be taken into custody if he or she is not in custody and
shall order the person to be transferred within a reasonable
time to an appropriate facility for an evaluation as to whether
the person is a sexually violent person. If the person who is
named in the petition refuses to speak to, communicate with, or
otherwise fails to cooperate with the examining evaluator from
the Department of Human Services or the Department of
Corrections, that person may only introduce evidence and
testimony from any expert or professional person who is
retained or court-appointed to conduct an examination of the
person that results from a review of the records and may not
introduce evidence resulting from an examination of the person.
Notwithstanding the provisions of Section 10 of the Mental
Health and Developmental Disabilities Confidentiality Act, all
evaluations conducted pursuant to this Act and all Illinois
Department of Corrections treatment records shall be
admissible at all proceedings held pursuant to this Act,
including the probable cause hearing and the trial.
    If the court determines that probable cause does not exist
to believe that the person is a sexually violent person, the
court shall dismiss the petition.
    (d) The Department shall promulgate rules that provide the
qualifications for persons conducting evaluations under
subsection (c) of this Section.
    (e) If the person named in the petition claims or appears
to be indigent, the court shall, prior to the probable cause
hearing under subsection (b) of this Section, appoint counsel.
(Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04;
93-970, eff. 8-20-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/15/2013