093_HB2798eng

 
HB2798 Engrossed                     LRB093 07247 RLC 07405 b

 1        AN ACT in relation to criminal law.

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

 4        Section  5.  The County Jail Act is amended  by  changing
 5    Section 14 as follows:

 6        (730 ILCS 125/14) (from Ch. 75, par. 114)
 7        Sec. 14.  Endangered; mentally ill prisoners.
 8        (a)  At any time, in the opinion of the Warden, the lives
 9    or  health  of the prisoners are endangered, to such a degree
10    as to render their removal necessary, the  Warden  may  cause
11    the prisoners to be removed to some suitable place within the
12    county,  or to the jail of some convenient county, where they
13    may be confined until they can  be  safely  returned  to  the
14    place  whence  they were removed.  No prisoner charged with a
15    felony shall be removed by the warden to a Mental  Health  or
16    Developmental  Disabilities facility as defined in the Mental
17    Health  and  Developmental  Disabilities  Code,   except   as
18    specifically  authorized  by  Article  104  of  the  Code  of
19    Criminal   Procedure  of  1963,  or  the  Mental  Health  and
20    Developmental Disabilities Code.   Any  place  to  which  the
21    prisoners  are  so  removed  shall, during their imprisonment
22    there, be deemed, as to  such  prisoners,  a  prison  of  the
23    county  in  which  they  were  originally confined; but, they
24    shall be under the care,  government  and  direction  of  the
25    Warden of the jail of the county in which they are confined.
26        (b)  If, in the opinion of the Warden, a prisoner appears
27    to  be  mentally ill or developmentally disabled and may be a
28    danger to himself or herself, to other prisoners, or to  jail
29    personnel or appears to be in need of immediate mental health
30    services, the Warden shall, within 72 hours of the admittance
31    of  the  prisoner to the county jail, obtain an evaluation of
 
HB2798 Engrossed            -2-      LRB093 07247 RLC 07405 b
 1    the prisoner's condition from a physician,  psychiatrist,  or
 2    qualified  examiner  as  defined  in  the  Mental  Health and
 3    Developmental   Disabilities   Code.    If   the   physician,
 4    psychiatrist,  or  qualified  examiner  determines  that  the
 5    prisoner  is  in  need  of  mental  health  or  developmental
 6    disability services, the Warden shall transfer  the  prisoner
 7    to such other facility for the appropriate treatment.
 8    (Source: P.A. 83-1073.)