Full Text of HB0100 98th General Assembly
HB0100enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 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 Section | 6 | | 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 known | 12 | | 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 the | 17 | | Department, have been found a fit
subject for confinement in | 18 | | that facility:
| 19 | | (a) Any male person who is charged with the commission | 20 | | of a
crime but has been acquitted by reason of insanity as | 21 | | provided in Section
5-2-4 of the Unified Code of | 22 | | Corrections.
| 23 | | (b) Any male person who is charged with the commission |
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| 1 | | of
a crime but has been found unfit under Article 104 of | 2 | | the Code of Criminal
Procedure of 1963.
| 3 | | (c) Any male person with mental illness or | 4 | | developmental disabilities or
person in need of mental | 5 | | treatment now confined under the supervision of the
| 6 | | Department or hereafter
admitted to any facility thereof or | 7 | | committed thereto by any court of competent
jurisdiction.
| 8 | | If and when it shall appear to the facility director of the | 9 | | Chester Mental
Health Center that it is necessary to confine | 10 | | persons in order to maintain
security or provide for the | 11 | | protection and safety of recipients and staff, the
Chester | 12 | | Mental Health Center may confine all persons on a unit to their | 13 | | rooms.
This period of confinement shall not exceed 10 hours in | 14 | | a 24 hour period,
including the recipient's scheduled hours of | 15 | | sleep, unless approved by the
Secretary of the Department. | 16 | | During the period of
confinement, the
persons confined shall be | 17 | | observed at least every 15 minutes. A record shall
be kept of | 18 | | the observations. This confinement shall not be considered
| 19 | | seclusion as defined in the Mental Health and Developmental | 20 | | Disabilities
Code.
| 21 | | The facility director of the Chester Mental Health Center | 22 | | may authorize
the temporary use of handcuffs on a recipient for | 23 | | a period not to exceed 10
minutes when necessary in the course | 24 | | of transport of the recipient within the
facility to maintain | 25 | | custody or security. Use of handcuffs is subject to the
| 26 | | provisions of Section 2-108 of the Mental Health and |
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| 1 | | Developmental Disabilities
Code. The facility shall keep a | 2 | | monthly record listing each instance in which
handcuffs are | 3 | | used, circumstances indicating the need for use of handcuffs, | 4 | | and
time of application of handcuffs and time of release | 5 | | therefrom. The facility
director shall allow the Illinois | 6 | | Guardianship and Advocacy Commission, the
agency designated by | 7 | | the Governor under Section 1 of the Protection and
Advocacy for | 8 | | Developmentally Disabled Persons Act, and the Department to
| 9 | | examine and copy such record upon request.
| 10 | | The facility director of the Chester Mental Health Center | 11 | | may authorize the temporary use of transport devices on a civil | 12 | | recipient when necessary in the course of transport of the | 13 | | civil recipient outside the facility to maintain custody or | 14 | | security. The decision whether to use any transport devices | 15 | | shall be reviewed and approved on an individualized basis by a | 16 | | physician based upon a determination of the civil recipient's: | 17 | | (1) history of violence, (2) history of violence during | 18 | | transports, (3) history of escapes and escape attempts, (4) | 19 | | history of trauma, (5) history of incidents of restraint or | 20 | | seclusion and use of involuntary medication, (6) current | 21 | | functioning level and medical status, (7) prior experience | 22 | | during similar transports, and (8) the length, duration, and | 23 | | purpose of the transport. The least restrictive transport | 24 | | device consistent with the individual's need shall be used. | 25 | | Staff transporting the individual shall be trained in the use | 26 | | of the transport devices, recognizing and responding to a |
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| 1 | | person in distress, and shall observe and monitor the | 2 | | individual while being transported. The facility shall keep a | 3 | | monthly record listing all transports, including those | 4 | | transports for which use of transport devices were not sought, | 5 | | those for which use of transport devices were sought but | 6 | | denied, and each instance in which transport devices are used, | 7 | | circumstances indicating the need for use of transport devices, | 8 | | time of application of transport devices, time of release from | 9 | | those devices, and any adverse events. The facility director | 10 | | shall allow the Illinois Guardianship and Advocacy Commission, | 11 | | the agency designated by the Governor under Section 1 of the | 12 | | Protection and Advocacy for Developmentally Disabled Persons | 13 | | Act, and the Department to examine and copy the record upon | 14 | | request. This use of transport devices shall not be considered | 15 | | restraint as defined in the Mental Health and Developmental | 16 | | Disabilities Code. For the purpose of this Section "transport | 17 | | device" means ankle cuffs, handcuffs, waist chains or | 18 | | wrist-waist devices designed to restrict an individual's range | 19 | | of motion while being transported. These devices must be | 20 | | approved by the Division of Mental Health, used in accordance | 21 | | with the manufacturer's instructions, and used only by | 22 | | qualified staff members who have completed all training | 23 | | required to be eligible to transport patients and all other | 24 | | required training relating to the safe use and application of | 25 | | transport devices, including recognizing and responding to | 26 | | signs of distress in an individual whose movement is being |
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| 1 | | restricted by a transport device. | 2 | | If and when it shall appear to the satisfaction of the | 3 | | Department that
any person confined in the Chester Mental | 4 | | Health Center is not or has
ceased to be such a source of | 5 | | danger to the public as to require his
subjection to the | 6 | | regimen of the center, the Department is hereby
authorized to | 7 | | transfer such person to any State facility for treatment of
| 8 | | persons with mental illness or habilitation of persons with | 9 | | developmental
disabilities, as the nature of the individual | 10 | | case may require.
| 11 | | Subject to the provisions of this Section, the Department, | 12 | | except where
otherwise provided by law, shall, with respect to | 13 | | the management, conduct
and control of the Chester Mental | 14 | | Health Center and the discipline, custody
and treatment of the | 15 | | persons confined therein, have and exercise the same
rights and | 16 | | powers as are vested by law in the Department with respect to
| 17 | | any and all of the State facilities for treatment of persons | 18 | | with mental
illness or habilitation of persons with | 19 | | developmental disabilities, and the
recipients thereof, and | 20 | | shall be subject to the same duties as are imposed by
law upon | 21 | | the Department with respect to such facilities and the | 22 | | recipients
thereof.
| 23 | | (Source: P.A. 91-559, eff. 1-1-00.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law. |
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