Full Text of HB5586 97th General Assembly
HB5586ham002 97TH GENERAL ASSEMBLY | Rep. Kimberly du Buclet Filed: 3/27/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5586
| 2 | | AMENDMENT NO. ______. Amend House Bill 5586, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Mental Health and Developmental | 6 | | Disabilities Code is amended by changing Section 2-103 as | 7 | | follows:
| 8 | | (405 ILCS 5/2-103) (from Ch. 91 1/2, par. 2-103)
| 9 | | Sec. 2-103.
Except as provided in this Section, a recipient | 10 | | who resides
in a mental health or developmental disabilities | 11 | | facility shall be
permitted unimpeded, private, and uncensored | 12 | | communication with persons of
his choice by mail, telephone and | 13 | | visitation.
| 14 | | (a) The facility director shall ensure that correspondence | 15 | | can be
conveniently received and mailed, that telephones are | 16 | | reasonably
accessible, and that space for visits is available. |
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| 1 | | Writing materials,
postage and telephone usage funds shall be | 2 | | provided in reasonable amounts
to recipients who reside in | 3 | | Department facilities and who are unable to
procure such items.
| 4 | | (b) Reasonable times and places for the use of telephones | 5 | | and for visits
may be established in writing by the facility | 6 | | director.
| 7 | | (c) Unimpeded, private and uncensored communication by | 8 | | mail, telephone,
and visitation may be reasonably restricted by | 9 | | the facility director only
in order to protect the recipient or | 10 | | others from harm, harassment or
intimidation, provided that | 11 | | notice of such restriction shall be given to
all recipients | 12 | | upon admission. When communications are restricted, the
| 13 | | facility shall advise the recipient that he has the right to | 14 | | require the
facility to notify the affected parties of the | 15 | | restriction, and to notify
such affected party when the | 16 | | restrictions are no longer in effect.
However, all letters | 17 | | addressed by a recipient to the Governor, members of
the | 18 | | General Assembly, Attorney General, judges, state's attorneys,
| 19 | | Guardianship and Advocacy Commission, or the Agency designated | 20 | | pursuant to
"An Act in relation to the protection and advocacy | 21 | | of the rights of persons
with developmental disabilities, and | 22 | | amending Acts therein named", approved
September 20, 1985, | 23 | | officers of the Department, or licensed attorneys at
law must | 24 | | be forwarded at once to the persons to whom they are addressed
| 25 | | without examination by the facility authorities. Letters in | 26 | | reply from the
officials and attorneys mentioned above must be |
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| 1 | | delivered to the recipient
without examination by the facility | 2 | | authorities.
| 3 | | (d) No facility shall prevent any attorney who represents a | 4 | | recipient
or who has been requested to do so by any relative or | 5 | | family member of the
recipient, from visiting a recipient | 6 | | during normal business hours, unless
that recipient refuses to | 7 | | meet with the attorney.
| 8 | | (e) Whenever, as the result of the closing or the reduction | 9 | | in the number of units or available beds of any mental health | 10 | | facility operated by the Department of Human Services, the | 11 | | State determines to enter into a contract with any mental | 12 | | health facility to provide hospitalization to persons who would | 13 | | otherwise be served by the State-operated mental health | 14 | | facility, the resident shall be entitled to the same rights | 15 | | under this Section. | 16 | | (Source: P.A. 86-1417.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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