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Public Act 098-0079
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| SB0093 Enrolled | LRB098 00254 RLC 35029 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Mental Health and Developmental |
Disabilities Administrative Act is amended by changing Section |
14 as follows:
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(20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
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Sec. 14. Chester Mental Health Center. To maintain and |
operate a
facility for the care, custody, and treatment of |
persons with mental
illness or habilitation of persons with |
developmental disabilities hereinafter
designated, to be known |
as the Chester Mental Health Center.
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Within the Chester Mental Health Center there shall be |
confined the
following classes of persons, whose history, in |
the opinion of the
Department, discloses dangerous or violent |
tendencies and who, upon
examination under the direction of the |
Department, have been found a fit
subject for confinement in |
that facility:
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(a) Any male person who is charged with the commission |
of a
crime but has been acquitted by reason of insanity as |
provided in Section
5-2-4 of the Unified Code of |
Corrections.
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(b) Any male person who is charged with the commission |
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of
a crime but has been found unfit under Article 104 of |
the Code of Criminal
Procedure of 1963.
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(c) Any male person with mental illness or |
developmental disabilities or
person in need of mental |
treatment now confined under the supervision of the
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Department or hereafter
admitted to any facility thereof or |
committed thereto by any court of competent
jurisdiction.
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If and when it shall appear to the facility director of the |
Chester Mental
Health Center that it is necessary to confine |
persons in order to maintain
security or provide for the |
protection and safety of recipients and staff, the
Chester |
Mental Health Center may confine all persons on a unit to their |
rooms.
This period of confinement shall not exceed 10 hours in |
a 24 hour period,
including the recipient's scheduled hours of |
sleep, unless approved by the
Secretary of the Department. |
During the period of
confinement, the
persons confined shall be |
observed at least every 15 minutes. A record shall
be kept of |
the observations. This confinement shall not be considered
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seclusion as defined in the Mental Health and Developmental |
Disabilities
Code.
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The facility director of the Chester Mental Health Center |
may authorize
the temporary use of handcuffs on a recipient for |
a period not to exceed 10
minutes when necessary in the course |
of transport of the recipient within the
facility to maintain |
custody or security. Use of handcuffs is subject to the
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provisions of Section 2-108 of the Mental Health and |
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Developmental Disabilities
Code. The facility shall keep a |
monthly record listing each instance in which
handcuffs are |
used, circumstances indicating the need for use of handcuffs, |
and
time of application of handcuffs and time of release |
therefrom. The facility
director shall allow the Illinois |
Guardianship and Advocacy Commission, the
agency designated by |
the Governor under Section 1 of the Protection and
Advocacy for |
Developmentally Disabled Persons Act, and the Department to
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examine and copy such record upon request.
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If and when it shall appear to the satisfaction of the |
Department that
any person confined in the Chester Mental |
Health Center is not or has
ceased to be such a source of |
danger to the public as to require his
subjection to the |
regimen of the center, the Department is hereby
authorized to |
transfer such person to any State facility for treatment of
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persons with mental illness or habilitation of persons with |
developmental
disabilities, as the nature of the individual |
case may require.
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Subject to the provisions of this Section, the Department, |
except where
otherwise provided by law, shall, with respect to |
the management, conduct
and control of the Chester Mental |
Health Center and the discipline, custody
and treatment of the |
persons confined therein, have and exercise the same
rights and |
powers as are vested by law in the Department with respect to
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any and all of the State facilities for treatment of persons |
with mental
illness or habilitation of persons with |
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developmental disabilities, and the
recipients thereof, and |
shall be subject to the same duties as are imposed by
law upon |
the Department with respect to such facilities and the |
recipients
thereof.
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The Department may elect to place persons who have been |
ordered by the court to be detained under the Sexually Violent |
Persons Commitment Act in a distinct portion of the Chester |
Mental Health Center. The persons so placed shall be separated |
and shall not comingle with the recipients of the Chester |
Mental Health Center. The portion of Chester Mental Health |
Center that is used for the persons detained under the Sexually |
Violent Persons Commitment Act shall not be a part of the |
mental health facility for the enforcement and implementation |
of the Mental Health and Developmental Disabilities Code nor |
shall their care and treatment be subject to the provisions of |
the Mental Health and Developmental Disabilities Code. The |
changes added to this Section by this amendatory Act of the |
98th General Assembly are inoperative on and after June 30, |
2015. |
(Source: P.A. 91-559, eff. 1-1-00.)
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Section 10. The Sexually Violent Persons Commitment Act is |
amended by changing Section 30 as follows:
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(725 ILCS 207/30)
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Sec. 30. Detention; probable cause hearing; transfer for
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examination.
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(a) Upon the filing of a petition under Section 15 of this |
Act,
the court shall review the petition to determine whether |
to issue
an order for detention of the person who is the |
subject of the
petition. The person shall be detained only if |
there is cause to
believe that the person is eligible for |
commitment under subsection (f) of
Section
35 of this Act. A |
person detained under this Section shall be
held in a facility |
approved by the Department. The Department may elect to place |
persons who have been ordered by the court to be detained in a |
State-operated mental health facility or a portion of that |
facility. Persons placed in a State-operated mental health |
facility under this Act shall be separated and shall not |
comingle with the recipients of the mental health facility. The |
portion of a State-operated mental health facility that is used |
for the persons detained under this Act shall not be a part of |
the mental health facility for the enforcement and |
implementation of the Mental Health and Developmental |
Disabilities Code nor shall their care and treatment be subject |
to the provisions of the Mental Health and Developmental |
Disabilities Code. The changes added to this Section by this |
amendatory Act of the 98th General Assembly are inoperative on |
and after June 30, 2015. If the person is
serving a sentence of |
imprisonment, is in a Department of
Corrections correctional |
facility or juvenile correctional
facility or is committed to |
institutional care, and the court
orders detention under this |
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Section, the court shall order that
the person be transferred |
to a detention facility approved by the
Department. A detention |
order under this Section remains in
effect until the person is |
discharged after a trial under Section
35 of this Act or until |
the effective date of a commitment order
under Section 40 of |
this Act, whichever is applicable.
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(b) Whenever a petition is filed under Section 15 of this |
Act,
the court shall hold a hearing to determine whether there |
is
probable cause to believe that the person named in the |
petition is
a sexually violent person. If the person named in |
the petition is
in custody, the court shall hold the probable |
cause hearing within
72 hours after the petition is filed, |
excluding Saturdays, Sundays
and legal holidays. The court may |
grant a continuance of the probable cause
hearing for no more |
than 7 additional days upon the motion of the respondent,
for |
good cause. If the person named in the petition has been |
released, is
on parole, is on mandatory supervised release, or |
otherwise is not in
custody, the court shall hold the probable |
cause hearing within a
reasonable time after the filing of the |
petition.
At the probable cause hearing, the court shall admit |
and consider all
relevant hearsay evidence.
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(c) If the court determines after a hearing that there is
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probable cause to believe that the person named in the petition |
is
a sexually violent person, the court shall order that the |
person
be taken into custody if he or she is not in custody and |
shall
order the person to be transferred within a reasonable |
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time to an
appropriate facility for an evaluation as to whether |
the person is
a sexually violent person.
If the person who is |
named in the petition refuses to speak to, communicate
with, or |
otherwise fails to cooperate with the examining evaluator from |
the
Department of Human Services or the Department of |
Corrections, that person may
only introduce evidence and |
testimony from any expert or professional person
who is |
retained or court-appointed to conduct an examination of the |
person
that results from a review of the records and may not |
introduce evidence
resulting from an examination of the person.
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Notwithstanding the provisions of Section 10 of
the
Mental |
Health and Developmental Disabilities Confidentiality Act, all
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evaluations conducted pursuant to this Act and all Illinois |
Department of
Corrections treatment records shall be |
admissible at all proceedings held
pursuant to this Act, |
including the probable cause hearing and the trial.
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If the court determines that probable
cause does not exist |
to believe that the person is a sexually
violent person, the |
court shall dismiss the petition.
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(d) The Department shall promulgate rules that provide the
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qualifications for persons conducting evaluations under |
subsection
(c) of this Section.
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(e) If the person named in the petition claims or appears |
to be
indigent, the court shall, prior to the probable cause |
hearing
under subsection (b) of this Section, appoint
counsel.
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(Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04; |