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 
follows:
 



    (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 
visitation.

    (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 
director.

    (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restrictions are no longer in effect.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 
authorities.

    (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.