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92_HB5890
LRB9215348LBpc
1 AN ACT in relation to mentally ill committed persons.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5 adding Article 17 to Chapter 3 as follows:
6 (730 ILCS 5/ Chapter 3, Article 17 heading new)
7 ARTICLE 17. DANGEROUS MENTALLY ILL COMMITTED PERSONS
8 (730 ILCS 5/3-17-5 new)
9 Sec. 3-17-5. Definitions. In this Article:
10 "County designated mental health professional" means a
11 mental health professional appointed by the county to perform
12 the duties specified in this Article.
13 "Mental disorder" means any organic, mental, or emotional
14 impairment that has substantial adverse effects on an
15 individual's cognitive or volitional functions.
16 "Mental health professional" means a psychiatrist,
17 clinical psychologist, or clinical social worker as those
18 terms are defined in the Mental Health and Developmental
19 Disabilities Code, a registered nurse with a master's degree
20 in psychiatric nursing who has 3 years of clinical training
21 and experience in the evaluation and treatment of mental
22 illness that has been acquired subsequent to any training and
23 experience that constituted a part of the degree program, and
24 any other mental health professionals as may be defined by
25 rules adopted by the Director under this Article.
26 (730 ILCS 5/3-17-10 new)
27 Sec. 3-17-10. Plan for postrelease treatment and support
28 services; rules.
29 (a) The Director shall identify committed persons who:
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1 (1) are reasonably believed to be dangerous to
2 themselves or others; and
3 (2) have a mental disorder.
4 In determining a committed person's dangerousness, the
5 Director shall consider behavior known to the Department and
6 factors, based on research, that are linked to an increased
7 risk for dangerousness of mentally ill committed persons and
8 shall include consideration of a committed person's chemical
9 dependency or abuse.
10 (b) Prior to release of a committed person identified
11 under this Section, a team consisting of representatives of
12 the Department of Corrections, the Department of Human
13 Services specifically including representatives knowledgeable
14 in the treatment of alcoholism and substance abuse and those
15 knowledgeable in the treatment of developmental disabilities,
16 the appropriate community mental health facility, and other
17 mental health service providers, as appropriate, shall
18 develop a plan, as determined necessary by the team, for
19 delivery of treatment and support services to the committed
20 person upon release. The team may include a Department of
21 Corrections School District representative for committed
22 persons under 21 years of age who have not obtained high
23 school diplomas or who have not passed the high school level
24 test of General Educational Development (GED). The team shall
25 consult with the committed person's counsel, if any, and, as
26 appropriate, the committed person's family and community. The
27 team shall notify the crime victims, witnesses, and other
28 concerned citizens required to be notified under the Rights
29 of Crime Victims and Witnesses Act, of the proposed release
30 plan developed by the team. Victims, witnesses, and other
31 concerned citizens notified by the Department may provide
32 information and comments to the Department on potential
33 safety risks to specific individuals or classes of
34 individuals posed by the specific committed person. The team
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1 may recommend that the committed person: (i) be evaluated by
2 the county designated mental health professional; (ii)
3 receive Department-supervised community treatment; or (iii)
4 receive voluntary community mental health or chemical
5 dependency or abuse treatment.
6 (c) Prior to release of a committed person identified
7 under this Section, the team shall determine whether or not
8 an evaluation by a county designated mental health
9 professional is needed. If an evaluation is recommended, the
10 supporting documentation shall be immediately forwarded to
11 the appropriate county designated mental health professional.
12 The supporting documentation shall include the committed
13 person's criminal history, history of judicially required or
14 administratively ordered involuntary antipsychotic medication
15 while in confinement, and any known history of involuntary
16 civil commitment.
17 (d) If an evaluation by a county designated mental
18 health professional is recommended by the team, the
19 evaluation shall occur not more than 10 days, nor less than 5
20 days, prior to release.
21 (e) A second evaluation by a county designated mental
22 health professional shall occur on the day of release if
23 requested by the team, based upon new information or a change
24 in the committed person's mental condition, and if the
25 initial evaluation did not result in an emergency admission
26 under Article VI of Chapter III of the Mental Health and
27 Developmental Disabilities Code.
28 (f) If the county designated mental health professional
29 determines that an emergency admission under Article VI of
30 Chapter III of the Mental Health and Developmental
31 Disabilities Code is necessary, the Department shall release
32 the committed person only to a State mental health facility
33 or to a consenting private mental health facility. The
34 Department shall arrange transportation of the committed
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1 person to the facility.
2 (g) If the county designated mental health professional
3 believes that a less restrictive alternative treatment is
4 appropriate, he or she shall request that the Director file a
5 petition with the circuit court under Section 3-8-5, or if
6 the person is committed to the Juvenile Division, the county
7 designated mental health professional shall request that the
8 petition be filed by the Assistant Director of the Juvenile
9 Division under Section 3-10-5, to require the committed
10 person to appear at a mental health facility for evaluation
11 and treatment. If the petition is granted by the court, the
12 committed person shall remain within the correctional
13 facility until completion of his or her term of confinement
14 and be transported, by corrections personnel on the day of
15 completion, directly to the identified mental health facility
16 for evaluation and treatment.
17 (h) The Director shall adopt rules to implement this
18 Section.
19 (i) This Section does not create a presumption that any
20 person subject to the provisions of this Section is dangerous
21 as a result of a mental disorder or chemical dependency or
22 abuse. Every person subject to the provisions of this Section
23 retains the amount of liberty consistent with his or her
24 condition, behavior, and legal status, and any restraint of
25 liberty must be done solely on the basis of forensic and
26 clinical practices and standards.
27 (730 ILCS 5/3-17-15 new)
28 Sec. 3-17-15. Rule making; Medicaid; Director of
29 Corrections; Secretary of Human Services. The Director of
30 Corrections and the Secretary of Human Services shall each
31 adopt rules and develop working agreements that will ensure
32 that committed persons identified under subsection (a) of
33 Section 3-17-10 will be assisted in making application for
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1 Medicaid under Article V of the Illinois Public Aid Code to
2 facilitate a decision regarding the committed person's
3 eligibility for those entitlements prior to the end of his or
4 her term of confinement in a correctional facility.
5 (730 ILCS 5/3-17-20 new)
6 Sec. 3-17-20. Less restrictive alternative treatment;
7 consideration by court.
8 (a) When making a decision under this Article whether to
9 require a less restrictive alternative treatment, the court
10 shall consider whether it is appropriate to include or
11 exclude time spent in confinement when determining whether
12 the person has committed a recent overt act.
13 (b) When determining whether a committed person is a
14 danger to himself or herself or others under this Article, a
15 court shall give great weight to any evidence submitted to
16 the court regarding the committed person's recent history of
17 judicially required or administratively ordered involuntary
18 antipsychotic medication while in confinement.
19 (730 ILCS 5/3-17-25 new)
20 Sec. 3-17-25. Dangerous mentally ill committed persons;
21 contract for case management.
22 (a) The Director shall contract, to the extent that
23 funds are appropriated for this purpose, for case management
24 services and any other services that the Director deems
25 necessary to assist committed persons identified under
26 Section 3-17-10. The contracts may be with community mental
27 health facilities or any other qualified and appropriate
28 entities.
29 (b) The case manager has the authority to assist these
30 committed persons in obtaining the services, as set forth in
31 the plan created under subsection (b) of Section 3-17-10, for
32 up to 5 years. The services may include coordination of
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1 mental health services, assistance with unfunded medical
2 expenses, obtaining chemical dependency treatment, housing,
3 employment services, educational or vocational training,
4 independent living skills, parenting education, anger
5 management services, and such other services as the case
6 manager deems necessary.
7 (730 ILCS 5/3-17-30 new)
8 Sec. 3-17-30. Evaluation of amendatory Act. The
9 Department of Corrections, in conjunction with the Department
10 of Human Services, shall conduct an evaluation of this
11 amendatory Act of the 92nd General Assembly to determine:
12 (1) whether there is a reduction in criminal recidivism
13 as a result of the enactment of this amendatory Act of the
14 92nd General Assembly;
15 (2) whether the enactment of this amendatory Act of the
16 92nd General Assembly has resulted in: (A) increased
17 treatment of, and services to, dangerous mentally ill
18 committed persons, including services at a Department of
19 Corrections facility, and through other publicly funded
20 services; (B) a reduction in repeated inpatient mental health
21 treatment of the same committed person; and (C) reduced
22 length of stays at State mental health facilities;
23 (3) whether the enactment of this amendatory Act of the
24 92nd General Assembly improves delivery and effectiveness of
25 the treatment and services, including mental health, drug or
26 alcohol, case management, housing assistance, and other
27 provided services;
28 (4) whether services under this amendatory Act of the
29 92nd General Assembly should be expanded to include other
30 classifications of committed persons, such as: juvenile
31 offenders; felons not sentenced to a term of imprisonment;
32 and misdemeanants. Cost estimates for expansion of each
33 classification shall be included;
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1 (5) the validity of the risk assessment tool utilized by
2 the Department of Corrections to assess dangerousness of
3 committed persons;
4 (6) increases in early Medicaid enrollment and
5 associated cost savings; and
6 (7) any savings in bed spaces in the Department of
7 Corrections facilities as a result of the enactment of this
8 amendatory Act of the 92nd General Assembly.
9 The evaluation shall be submitted to the Governor and the
10 General Assembly by December 1, 2005.
11 (730 ILCS 5/ 3-17-35 new)
12 Sec. 3-17-35. Rules. The Director of Corrections and
13 the Secretary of Human Services shall, in consultation with
14 the community mental health facilities and provider
15 representatives, each adopt rules as necessary to implement
16 this amendatory Act of the 92nd General Assembly.