Illinois General Assembly - Full Text of Public Act 097-1007
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Public Act 097-1007





Public Act 097-1007
HB5586 EnrolledLRB097 18283 AJO 63509 b

    AN ACT concerning civil law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Section 2-103 as
    (405 ILCS 5/2-103)  (from Ch. 91 1/2, par. 2-103)
    Sec. 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
    (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
    (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restrictions are no longer in effect.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
    (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. 86-1417.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/17/2012