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91_HB1863enr
HB1863 Enrolled LRB9105186RCdv
1 AN ACT concerning the Chester Mental Health Center.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Mental Health and Developmental
5 Disabilities Administrative Act is amended by changing
6 Section 14 as follows:
7 (20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
8 Sec. 14. Chester Mental Health Center. To maintain and
9 operate a facility for the care, custody, and treatment of
10 persons with mental illness or habilitation of persons with
11 developmental disabilities hereinafter designated, to be
12 known as the Chester Mental Health Center.
13 Within the Chester Mental Health Center there shall be
14 confined the following classes of persons, whose history, in
15 the opinion of the Department, discloses dangerous or violent
16 tendencies and who, upon examination under the direction of
17 the Department, have been found a fit subject for confinement
18 in that facility:
19 (a) Any male person who is charged with the
20 commission of a crime but has been acquitted by reason of
21 insanity as provided in Section 5-2-4 of the Unified Code
22 of Corrections.
23 (b) Any male person who is charged with the
24 commission of a crime but has been found unfit under
25 Article 104 of the Code of Criminal Procedure of 1963.
26 (c) Any male person with mental illness or
27 developmental disabilities or person in need of mental
28 treatment now confined under the supervision of the
29 Department or hereafter admitted to any facility thereof
30 or committed thereto by any court of competent
31 jurisdiction.
HB1863 Enrolled -2- LRB9105186RCdv
1 If and when it shall appear to the facility director of
2 the Chester Mental Health Center that it is necessary to
3 confine persons in order to maintain security or provide for
4 the protection and safety of recipients and staff, the
5 Chester Mental Health Center may confine all persons on a
6 unit to their rooms. This period of confinement shall not
7 exceed 10 hours in a 24 hour period, including the
8 recipient's scheduled hours of sleep, unless approved by the
9 Secretary of the Department. During the period of
10 confinement, the persons confined shall be observed at least
11 every 15 minutes. A record shall be kept of the
12 observations. This confinement shall not be considered
13 seclusion as defined in the Mental Health and Developmental
14 Disabilities Code.
15 The facility director of the Chester Mental Health Center
16 may authorize the temporary use of handcuffs on a recipient
17 for a period not to exceed 10 minutes when necessary in the
18 course of transport of the recipient within the facility to
19 maintain custody or security. Use of handcuffs is subject to
20 the provisions of Section 2-108 of the Mental Health and
21 Developmental Disabilities Code. The facility shall keep a
22 monthly record listing each instance in which handcuffs are
23 used, circumstances indicating the need for use of handcuffs,
24 and time of application of handcuffs and time of release
25 therefrom. The facility director shall allow the Illinois
26 Guardianship and Advocacy Commission, the agency designated
27 by the Governor under Section 1 of the Protection and
28 Advocacy for Developmentally Disabled Persons Act, and the
29 Department to examine and copy such record upon request.
30 If and when it shall appear to the satisfaction of the
31 Department that any person confined in the Chester Mental
32 Health Center is not or has ceased to be such a source of
33 danger to the public as to require his subjection to the
34 regimen of the center, the Department is hereby authorized to
HB1863 Enrolled -3- LRB9105186RCdv
1 transfer such person to any State facility for treatment of
2 persons with mental illness or habilitation of persons with
3 developmental disabilities, as the nature of the individual
4 case may require.
5 Subject to the provisions of this Section, the
6 Department, except where otherwise provided by law, shall,
7 with respect to the management, conduct and control of the
8 Chester Mental Health Center and the discipline, custody and
9 treatment of the persons confined therein, have and exercise
10 the same rights and powers as are vested by law in the
11 Department with respect to any and all of the State
12 facilities for treatment of persons with mental illness or
13 habilitation of persons with developmental disabilities, and
14 the recipients thereof, and shall be subject to the same
15 duties as are imposed by law upon the Department with respect
16 to such facilities and the recipients thereof.
17 (Source: P.A. 88-380; 89-439, eff. 6-1-96; 89-507, eff.
18 7-1-97.)
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