August 25, 2003
To the Honorable Members of the
Illinois Senate
93rd General Assembly
I appreciate the burden placed on
sheriffs when a major mental health facility is closed. This amendatory veto
is drafted to help alleviate the impact of that burden. Pursuant to Article
IV, Section 9(e) of the Illinois Constitution of 1970, I hereby return Senate
Bill 639, entitled “AN ACT concerning mental health”, with the following
specific recommendations for change:
on page 1, by replacing lines 11
through 25 with the following:
“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 appropriately
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 appropriately transport the respondent to
the mental health facility. If, however, the respondent is found in any
county where an entire State-operated mental health facility, operated by the
Department, was closed between August 2002 and September 2002, then upon
receipt of a petition and certification prepared pursuant to this Article, the
county sheriff of the county in which the respondent is found shall take the
respondent into custody and notify the Department. Thereafter, the Department
shall make arrangements either directly or through agreements with other public
or private entities to appropriately transport the respondent to the mental
health facility. If it is determined that the respondent in such a county is
in need of commitment or treatment at another mental health facility, the
Department shall make arrangements either directly or through agreements with
other public or private entities to appropriately transport the respondent to
the mental health facility.”; and
by replacing line 32 on page 2
through line 4 on page 3 with the following:
“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. If, however, the respondent is
found in any county where an entire State-operated mental health facility,
operated by the Department, was closed between August 2002 and September 2002,
then upon receipt of a petition and certification prepared pursuant to this
Article, the county sheriff of the county in which the respondent is found
shall take the respondent into custody and notify the Department. Thereafter,
the Department shall make arrangements either directly or through agreements
with other public or private entities to appropriately transport the respondent
to the mental health facility. If it is determined that the respondent in such
a county is in need of commitment or treatment at another mental health
facility, the Department shall make arrangements either directly or through
agreements with other public or private entities to appropriately transport the
respondent to the mental health facility. When a”; and
on page 3, by replacing lines 11
and 12 with the following:
“or the Department is authorized to
transport the recipient between facilities, or whether the Department or the
county sheriff”; and
on page 3, by replacing lines 14
and15 with the following:
“facilities. The party
determined by the court to be responsible for the recipient’s
transportation sheriff may make
arrangements with”; and
on page 5, by replacing lines 13
through16 with the following:
“placement process, the sheriff
shall be notified and shall appropriately transport the defendant to the
designated facility. If, however, the defendant is located in any county where an entire
State-operated mental health facility, operated by the Department of Human
Services, was closed between August 2002 and September 2002, the Department of Human Services shall
make arrangements either directly or through agreements with other public or
private entities to appropriately transport the defendant to the designated”; and
on page 7, by replacing lines 17
through 20 with the following:
“Upon completion of the placement
process the sheriff shall be notified and shall transport the defendant to
the designated facility. If, however, the defendant is located in any county where an entire
State-operated mental health facility, operated by the Department of Human
Services, was closed between August 2002 and September 2002, the Department of Human Services shall
make arrangements either directly or through agreements with other public or
private entities to appropriately transport the”.
With these changes, Senate Bill 639
will have my approval. I respectfully request your concurrence.
Sincerely,
ROD R. BLAGOJEVICH
Governor
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