(405 ILCS 5/2-103)
(from Ch. 91 1/2, par. 2-103)
Except as provided in this Section, a recipient who resides
in a mental health or developmental disabilities facility shall be
permitted unimpeded, private, and uncensored communication with persons of
his choice by mail, telephone and visitation.
(a) The facility director shall ensure that correspondence can be
conveniently received and mailed, that telephones are reasonably
accessible, and that space for visits is available. Writing materials,
postage and telephone usage funds shall be provided in reasonable amounts
to recipients who reside in Department facilities and who are unable to
procure such items.
(b) Reasonable times and places for the use of telephones and for visits
may be established in writing by the facility director.
(c) Unimpeded, private and uncensored communication by mail, telephone,
and visitation may be reasonably restricted by the facility director only
in order to protect the recipient or others from harm, harassment or
intimidation, provided that notice of such restriction shall be given to
all recipients upon admission. When communications are restricted, the
facility shall advise the recipient that he has the right to require the
facility to notify the affected parties of the restriction, and to notify
such affected party when the restrictions are no longer in effect.
However, all letters addressed by a recipient to the Governor, members of
the General Assembly, Attorney General, judges, state's attorneys,
Guardianship and Advocacy Commission, or the Agency designated pursuant to
"An Act in relation to the protection and advocacy of the rights of persons
with developmental disabilities, and amending Acts therein named", approved
September 20, 1985, officers of the Department, or licensed attorneys at
law must be forwarded at once to the persons to whom they are addressed
without examination by the facility authorities. Letters in reply from the
officials and attorneys mentioned above must be delivered to the recipient
without examination by the facility authorities.
(d) No facility shall prevent any attorney who represents a recipient
or who has been requested to do so by any relative or family member of the
recipient, from visiting a recipient during normal business hours, unless
that recipient refuses to meet with the attorney.
(e) Whenever, as the result of the closing or the reduction in the number of units or available beds of any mental health facility operated by the Department of Human Services, the State determines to enter into a contract with any mental health facility to provide hospitalization to persons who would otherwise be served by the State-operated mental health facility, the resident shall be entitled to the same rights under this Section.
(Source: P.A. 97-1007, eff. 8-17-12.)