Illinois General Assembly - Full Text of HB3703
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Full Text of HB3703  100th General Assembly


Rep. Michael Halpin

Filed: 3/28/2017





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2    AMENDMENT NO. ______. Amend House Bill 3703 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Out-of-State Person Subject to Involuntary Admission on an
6Inpatient Basis Mental Health Treatment Act.
7    Section 5. Definitions. As used in this Act:
8    "Department" means the Department of Human Services.
9    "Eastern Iowa Mental Health Region" means the Iowa counties
10of Cedar, Clinton, Jackson, Muscatine, and Scott.
11    "Person subject to involuntary admission on an inpatient
12basis", "mental health facility", and "recipient" have the
13meanings ascribed to them in the Mental Health and
14Developmental Disabilities Code.
15    "Pilot project area" means the Eastern Iowa Mental Health
16Region and Rock Island County, Illinois.



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1    "Receiving agency" means a mental health facility located
2in Rock Island, Illinois which accepts and provides treatment
3to a person from the sending state.
4    "Receiving state" means Illinois.
5    "Sending state" means Iowa.
6    Section 10. Pilot project reciprocal agreement. On or
7before January 1, 2018, there is created a 2-year mental health
8pilot project for which the receiving agency may accept the
9admission of an Iowa resident from the Eastern Iowa Mental
10Health Region who is a person subject to involuntary admission
11on an inpatient basis under an order issued by an Iowa court
12for treatment at a receiving agency in this State for which the
13Iowa court shall have jurisdiction over the recipient while
14committed to a receiving agency in this State as provided under
15Section 331.910 of the Iowa Code. The pilot project shall also
16provide that a resident of Rock Island County, Illinois who is
17a person subject to involuntary admission on an inpatient basis
18under an order issued by a court of this State for treatment at
19a receiving agency in this State may receive inpatient
20treatment in the sending state. The sending state or receiving
21agency shall provide mental health services to the recipient
22for the duration of the court order and shall return the
23recipient to his or her state of legal residence upon
24discharge. If a recipient has to enter a State-operated
25facility, the recipient must be returned to his or her state of



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1legal residence.
2    Section 15. Reciprocal agreement. For the purpose of the
3pilot project, the reciprocal agreement is limited to court
4orders issued by the courts in the Eastern Iowa Mental Health
5Region and in Rock Island County, Illinois. Court orders valid
6under the law of the sending state are granted recognition and
7reciprocity in the receiving state's respective pilot project
8area to the extent that the court orders relate to commitment
9for inpatient treatment of a mental illness. The court orders
10are not subject to legal challenge in the courts of the
11receiving state. Persons who are detained, committed or placed
12under the law of a sending state and who are transferred to a
13receiving state under this Section continue to be in the legal
14custody of the authority responsible for them under the law of
15the sending state. Except in emergencies, those persons may not
16be transferred, removed, or furloughed from a facility of the
17receiving agency without the specific approval of the authority
18responsible for them under the law of the sending state. The
19receiving facility, whether public or private, must agree to
20the transfer from the sending state before a transfer takes
21place. Specifically excluded from this pilot project are those
22persons who are involved in criminal proceedings.
23    Section 20. Applicable law. While in the receiving state, a
24person shall be subject to all of the provisions of law, rules,



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1and regulations applicable to persons detained, committed, or
2placed under the corresponding laws of the receiving state,
3except those laws, rules, and regulations of the receiving
4state relating to length of commitment, reexaminations, and
5extensions of commitment or recommitment and except as
6otherwise provided by this Act. Specifically, the laws of the
7receiving state on emergency use of psychotropic medication and
8the procedures for involuntary forced psychotropic medications
9shall apply to the person while in the receiving state. The
10laws, rules, and regulations of the sending state relating to
11length of commitment, reexaminations, and extensions of
12commitment or recommitment shall apply.
13    Section 25. Records. Treatment records shall be managed in
14accordance with the laws of the receiving state.
15    Section 30. Receiving agency responsibility.
16    (a) The receiving agency shall secure a re-examination for
17a person and arrange any extension or recommitment of a
18person's period of commitment. The receiving agency shall
19arrange transportation of persons from the receiving facility.
20    (b) If a person receiving services under a contract under
21this Act escapes from the receiving agency and the person at
22the time of the escape is subject to involuntary admission
23under the law of the sending state, the receiving agency shall
24use all reasonable means to recapture the escapee. The



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1receiving agency shall immediately report the escape to the
2sending state. The receiving state has the primary
3responsibility for, and may direct, the pursuit, retaking, and
4prosecution of escaped persons within its jurisdiction.
5    (c) The receiving agency shall seek reimbursement from
6public or private insurance or from the county of residence or
7the sending state.
8    Section 35. Residence not established. No person
9establishes legal residence in the state where the receiving
10agency is located while the person is receiving services under
11this Act.
12    Section 40. Report to the Department. The receiving agency
13shall submit to the Department demographic information on the
14number of persons served in this pilot project, lengths of
15stay, cost data, and any specific problems or concerns that
16were raised during their stay. The agency shall also provide
17information about the number of Illinois residents who were
18served during the same period and whether any Illinois
19residents were denied services due to this pilot project. The
20receiving agency shall also notify other providers, hospitals,
21courts, law enforcement organizations, and advocacy
22organizations in the pilot project area on or before July 1,
232019 of the report to the Department on the pilot project and
24ask them to supply any comments to the Department. The



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1receiving agency shall provide the information on or before
2August 1, 2019.
3    Section 45. Repeal. This Act is repealed on January 1,
5    Section 99. Effective date. This Act takes effect July 1,