Public Act 098-0356
 
HB0100 EnrolledLRB098 00253 RLC 30257 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
    Section 5. The Mental Health and Developmental 
Disabilities Administrative Act is amended  by changing Section 
14 as follows:
 



    (20 ILCS 1705/14)  (from Ch. 91 1/2, par. 100-14)



    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.

    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:


        (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.


        (b) Any male person who is charged with the commission 
    of
a crime but has been found unfit under Article 104 of 
    the Code of Criminal
Procedure of 1963.


        (c) Any male person with mental illness or 
    developmental disabilities or
person in need of mental 
    treatment now confined under the supervision of the

    Department or hereafter
admitted to any facility thereof or 
    committed thereto by any court of competent
jurisdiction.

    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

seclusion as defined in the Mental Health and Developmental 
Disabilities
Code.

    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

provisions of Section 2-108 of the Mental Health and 
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

examine and copy such record upon request.

    The facility director of the Chester Mental Health Center 
may authorize the temporary use of transport devices on a civil 
recipient when necessary in the course of transport of the 
civil recipient outside the facility to maintain custody or 
security. The decision whether to use any transport devices 
shall be reviewed and approved on an individualized basis by a 
physician based upon a determination of the civil recipient's: 
(1) history of violence, (2) history of violence during 
transports, (3) history of escapes and escape attempts, (4) 
history of trauma, (5) history of incidents of restraint or 
seclusion and use of involuntary medication, (6) current 
functioning level and medical status, (7) prior experience 
during similar transports, and (8) the length, duration, and 
purpose of the transport.  The least restrictive transport 
device consistent with the individual's need shall be used. 
Staff transporting the individual shall be trained in the use 
of the transport devices, recognizing and responding to a 
person in distress, and shall observe and monitor the 
individual while being transported.  The facility shall keep a 
monthly record listing all transports, including those 
transports for which use of transport devices were not sought, 
those for which use of transport devices were sought but 
denied, and each instance in which transport devices are used, 
circumstances indicating the need for use of transport devices, 
time of application of transport devices, time of release from 
those devices, and any adverse events. 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 examine and copy the record upon 
request.  This use of transport devices shall not be considered 
restraint as defined in the Mental Health and Developmental 
Disabilities Code.  For the purpose of this Section "transport 
device" means ankle cuffs, handcuffs, waist chains or 
wrist-waist devices designed to restrict an individual's range 
of motion while being transported.  These devices must be 
approved by the Division of Mental Health, used in accordance 
with the manufacturer's instructions, and used only by 
qualified staff members who have completed all training 
required to be eligible to transport patients and all other 
required training relating to the safe use and application of 
transport devices, including recognizing and responding to 
signs of distress in an individual whose movement is being 
restricted by a transport device. 
    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

persons with mental illness or habilitation of persons with 
developmental
disabilities, as the nature of the individual 
case may require.

    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

any and all of the State facilities for treatment of persons 
with mental
illness or habilitation of persons with 
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.

(Source: P.A. 91-559, eff. 1-1-00.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.