Public Act 096-1191
 
HB5861 EnrolledLRB096 20514 AJO 36198 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 Confidentiality Act is amended by changing
Section 12.2 as follows:
 
    (740 ILCS 110/12.2)  (from Ch. 91 1/2, par. 812.2)
    Sec. 12.2. (a) When a recipient who has been judicially or
involuntarily admitted, or is a forensic recipient admitted to
a developmental disability or mental health facility, as
defined in Section 1-107 or 1-114 of the Mental Health and
Developmental Disabilities Code, is on an unauthorized absence
or otherwise has left the facility without being discharged or
being free to do so, the facility director shall immediately
furnish and disclose to the appropriate local law enforcement
agency identifying information, as defined in this Section, and
all further information unrelated to the diagnosis, treatment
or evaluation of the recipient's mental or physical health that
would aid the law enforcement agency in locating and
apprehending the recipient and returning him to the facility.
When a forensic recipient is on an unauthorized absence or
otherwise has left the facility without being discharged or
being free to do so, the facility director, or designee, of a
mental health facility or developmental facility operated by
the Department shall also immediately notify, in like manner,
the Department of State Police.
    (b) If a law enforcement agency requests information from a
developmental disability or mental health facility, as defined
in Section 1-107 or 1-114 of the Mental Health and
Developmental Disabilities Code, relating to a recipient who
has been admitted to the facility and for whom a missing person
report has been filed with a law enforcement agency, the
facility director shall, except in the case of a voluntary
recipient wherein the recipient's permission in writing must
first be obtained, furnish and disclose to the law enforcement
agency identifying information as is necessary to confirm or
deny whether that person is, or has been since the missing
person report was filed, a resident of that facility. The
facility director shall notify the law enforcement agency if
the missing person is admitted after the request. Any person
participating in good faith in the disclosure of information in
accordance with this provision shall have immunity from any
liability, civil, criminal, or otherwise, if the information is
disclosed relying upon the representation of an officer of a
law enforcement agency that a missing person report has been
filed.
    (c) Upon the request of a law enforcement agency in
connection with the investigation of a particular felony or sex
offense, when the investigation case file number is furnished
by the law enforcement agency, a facility director shall
immediately disclose to that law enforcement agency
identifying information on any forensic recipient who is
admitted to a developmental disability or mental health
facility, as defined in Section 1-107 or 1-114 of the Mental
Health and Developmental Disabilities Code, who was or may have
been away from the facility at or about the time of the
commission of a particular felony or sex offense, and: (1)
whose description, clothing, or both reasonably match the
physical description of any person allegedly involved in that
particular felony or sex offense; or (2) whose past modus
operandi matches the modus operandi of that particular felony
or sex offense.
    (d) For the purposes of this Section and Section 12.1, "law
enforcement agency" means an agency of the State or unit of
local government that is vested by law or ordinance with the
duty to maintain public order and to enforce criminal laws or
ordinances, the Federal Bureau of Investigation, the Central
Intelligence Agency, and the United States Secret Service.
    (e) For the purpose of this Section, "identifying
information" means the name, address, age, and a physical
description, including clothing, of the recipient of services,
the names and addresses of the recipient's nearest known
relatives, where the recipient was known to have been during
any past unauthorized absences from a facility, whether the
recipient may be suicidal, and the condition of the recipient's
physical health as it relates to exposure to the weather.
Except as provided in Section 11, in no case shall the facility
director disclose to the law enforcement agency any information
relating to the diagnosis, treatment, or evaluation of the
recipient's mental or physical health, unless the disclosure is
deemed necessary by the facility director to insure the safety
of the investigating officers or general public.
    (f) For the purpose of this Section, "forensic recipient"
means a recipient who is placed in a developmental disability
facility or mental health facility, as defined in Section 1-107
or 1-114 of the Mental Health and Developmental Disabilities
Code, pursuant to Article 104 of the Code of Criminal Procedure
or Sections 3-8-5, 3-10-5 or 5-2-4 of the Unified Code of
Corrections.
(Source: P.A. 85-666; 85-971; 86-1417.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.