State of Illinois
92^nd General Assembly
Legislation

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92_SB0435enr

 
SB435 Enrolled                                 LRB9203382RCcd

 1        AN ACT in relation to criminal law.

 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
 5    by changing Section  3-15-3  and  adding  Section  3-15-4  as
 6    follows:

 7        (730 ILCS 5/3-15-3) (from Ch. 38, par. 1003-15-3)
 8        Sec.    3-15-3.  Persons    with   mental   illness   and
 9    developmental disabilities.
10        (a)  The  Department  must,  may   by   rule,   establish
11    standards  and  procedures for the provision of mental health
12    and developmental disability services to persons with  mental
13    illness  and persons with a developmental disability confined
14    in a local jail or juvenile detention facility as  set  forth
15    under Section 3-7-7 of this Code.
16        Those standards and procedures must address screening and
17    classification,  the use of psychotropic medications, suicide
18    prevention, qualifications of staff, staffing  levels,  staff
19    training,    discharge,    linkage    and    aftercare,   the
20    confidentiality of mental  health  records,  and  such  other
21    issues  as  are  necessary to ensure that inmates with mental
22    illness receive adequate and humane care and services.
23        (b)  At least once each year, the Department must inspect
24    each  local  jail  and  juvenile   detention   facility   for
25    compliance with the standards and procedures established. The
26    results  of  the  inspection  must  be  made available by the
27    Department for public inspection.  If any  jail  or  juvenile
28    detention  facility  does  not  comply with the standards and
29    procedures established, the Director of Corrections must give
30    notice  to  the  county  board  and  the  sheriff   of   such
31    noncompliance,   specifying   the  particular  standards  and
 
SB435 Enrolled             -2-                 LRB9203382RCcd
 1    procedures that have not been met by  the  jail  or  juvenile
 2    detention  facility.   If  the  jail  or  juvenile  detention
 3    facility   is  not  in  compliance  with  the  standards  and
 4    procedures when 6 months have elapsed from the giving of such
 5    notice,  the  Director  of  Corrections  may   petition   the
 6    appropriate court for an order requiring the jail or juvenile
 7    detention   facility   to   comply  with  the  standards  and
 8    procedures  established  by  the  Department  or  for   other
 9    appropriate relief.
10    (Source: P.A. 88-380.)

11        (730 ILCS 5/3-15-4 new)
12        Sec.  3-15-4.   Task  force  on mental health services in
13    municipal jails and lockups.
14        (a)  The  Department  of  Corrections  shall  convene   a
15    special task force to develop and propose model standards for
16    the  delivery of mental health services and the prevention of
17    suicides in municipal jails  and  lockups.   The  task  force
18    shall be composed of no more than 22 members appointed by the
19    Director of Corrections as follows:
20             (1)  Not    more   than   8   members   representing
21        municipalities.
22             (2)  Not more than 8 members representing  community
23        mental health service providers and  State  operated  and
24        private  psychiatric  hospitals, including no more than 3
25        representatives  of  the   Office   of   Mental   Health,
26        Department of Human Services.
27             (3)  Three  members  of the general public, at least
28        one of whom must be a primary consumer of  mental  health
29        services.
30             (4)  Not   more   than   3  representatives  of  the
31        following groups: the National Commission on Correctional
32        Health Care, the American Correctional  Association,  the
33        Joint  Commission  on  the  Accreditation  of Health Care
 
SB435 Enrolled             -3-                 LRB9203382RCcd
 1        Organizations, the American Association  of  Correctional
 2        Psychology, the John Howard Association.
 3    The  Director  of  Corrections  shall  in appointing the task
 4    force attempt to ensure that the membership on the task force
 5    represents the geographic diversity of the State.
 6        (b)  The members of the task force  shall  serve  without
 7    compensation  and  may  not  receive  reimbursement  for  any
 8    expenses  incurred  in  performing their duties as members of
 9    the task force.
10        (c)  The  task  force  may,   without   limitation,   (i)
11    determine  what  services and screening should be provided in
12    municipal pre-trial detention facilities  and  what  training
13    and  resources  are  necessary  to provide those services and
14    (ii) recommend changes  in  the  Department's  standards  for
15    municipal jails and lockups.
16        (d)  Before  the  Department acts upon any recommendation
17    of the task force, the Department must hold a public  hearing
18    to provide individuals with mental illnesses and their family
19    members, mental health advocacy organizations, and the public
20    to  review,  comment  upon,  and  suggest  any changes to the
21    proposed standards for municipal jails and lockups.
22        (e)  The task force must submit its recommendations as to
23    any changes in the standards for municipal jails and  lockups
24    to the General Assembly by January 15, 2002.

25        Section  99.  Effective  date.   This Section and Section
26    3-15-4 of the Unified Code of Corrections  take  effect  upon
27    becoming law.

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