[ Back ] [ Bottom ]
91_HB1863eng
HB1863 Engrossed 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 Engrossed -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 an individual
17 recipient when necessary in the course of movement of the
18 recipient within the facility to maintain custody or
19 security, or to provide for the safety and protection of
20 other recipients and staff. A record shall be kept of each
21 instance in which handcuffs are used under this Section,
22 including the circumstances and specific reason for such use.
23 If and when it shall appear to the satisfaction of the
24 Department that any person confined in the Chester Mental
25 Health Center is not or has ceased to be such a source of
26 danger to the public as to require his subjection to the
27 regimen of the center, the Department is hereby authorized to
28 transfer such person to any State facility for treatment of
29 persons with mental illness or habilitation of persons with
30 developmental disabilities, as the nature of the individual
31 case may require.
32 Subject to the provisions of this Section, the
33 Department, except where otherwise provided by law, shall,
34 with respect to the management, conduct and control of the
HB1863 Engrossed -3- LRB9105186RCdv
1 Chester Mental Health Center and the discipline, custody and
2 treatment of the persons confined therein, have and exercise
3 the same rights and powers as are vested by law in the
4 Department with respect to any and all of the State
5 facilities for treatment of persons with mental illness or
6 habilitation of persons with developmental disabilities, and
7 the recipients thereof, and shall be subject to the same
8 duties as are imposed by law upon the Department with respect
9 to such facilities and the recipients thereof.
10 (Source: P.A. 88-380; 89-439, eff. 6-1-96; 89-507, eff.
11 7-1-97.)
[ Top ]