State of Illinois
91st General Assembly
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Public Act 91-0559

HB1863 Enrolled                                LRB9105186RCdv

    AN ACT concerning the Chester Mental Health Center.

    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.
(Source: P.A.  88-380;  89-439,  eff.  6-1-96;  89-507,  eff.
7-1-97.)

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