Illinois General Assembly - Full Text of HB5586
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Full Text of HB5586  97th General Assembly


Rep. Kimberly du Buclet

Filed: 3/27/2012





09700HB5586ham002LRB097 18283 RLC 68115 a


2    AMENDMENT NO. ______. Amend House Bill 5586, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Mental Health and Developmental
6Disabilities Code is amended by changing Section 2-103 as
8    (405 ILCS 5/2-103)  (from Ch. 91 1/2, par. 2-103)
9    Sec. 2-103. Except as provided in this Section, a recipient
10who resides in a mental health or developmental disabilities
11facility shall be permitted unimpeded, private, and uncensored
12communication with persons of his choice by mail, telephone and
14    (a) The facility director shall ensure that correspondence
15can be conveniently received and mailed, that telephones are
16reasonably accessible, and that space for visits is available.



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1Writing materials, postage and telephone usage funds shall be
2provided in reasonable amounts to recipients who reside in
3Department facilities and who are unable to procure such items.
4    (b) Reasonable times and places for the use of telephones
5and for visits may be established in writing by the facility
7    (c) Unimpeded, private and uncensored communication by
8mail, telephone, and visitation may be reasonably restricted by
9the facility director only in order to protect the recipient or
10others from harm, harassment or intimidation, provided that
11notice of such restriction shall be given to all recipients
12upon admission. When communications are restricted, the
13facility shall advise the recipient that he has the right to
14require the facility to notify the affected parties of the
15restriction, and to notify such affected party when the
16restrictions are no longer in effect. However, all letters
17addressed by a recipient to the Governor, members of the
18General Assembly, Attorney General, judges, state's attorneys,
19Guardianship and Advocacy Commission, or the Agency designated
20pursuant to "An Act in relation to the protection and advocacy
21of the rights of persons with developmental disabilities, and
22amending Acts therein named", approved September 20, 1985,
23officers of the Department, or licensed attorneys at law must
24be forwarded at once to the persons to whom they are addressed
25without examination by the facility authorities. Letters in
26reply from the officials and attorneys mentioned above must be



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1delivered to the recipient without examination by the facility
3    (d) No facility shall prevent any attorney who represents a
4recipient or who has been requested to do so by any relative or
5family member of the recipient, from visiting a recipient
6during normal business hours, unless that recipient refuses to
7meet with the attorney.
8    (e) Whenever, as the result of the closing or the reduction
9in the number of units or available beds of any mental health
10facility operated by the Department of Human Services, the
11State determines to enter into a contract with any mental
12health facility to provide hospitalization to persons who would
13otherwise be served by the State-operated mental health
14facility, the resident shall be entitled to the same rights
15under this Section.
16(Source: P.A. 86-1417.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".