Public Act 098-0403
 
HB1683 EnrolledLRB098 09601 HLH 39747 b



    AN ACT concerning finance.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The State Finance Act is amended  by adding 
Section 5i as follows:
 
    (30 ILCS 105/5i new)
    Sec. 5i. Closure of State mental health facilities or 
developmental disabilities facilities.  Consistent with the 
provisions of Sections 4.4 and 4.5 of the Community Services 
Act, whenever a State mental health facility operated by the 
Department of Human Services or a State developmental 
disabilities facility operated by the Department of Human 
Services is closed, the Department of Human Services, at the 
direction of the Governor, shall transfer funds from the closed 
facility to the appropriate line item providing appropriation 
authority for the new venue of care to facilitate the 
transition of services to the new venue of care, provided that 
the new venue of care is a Department of Human Services funded 
provider or facility.
    As used in this Section, the terms "mental health facility" 
and "developmental disabilities facility" have the meanings 
ascribed to those terms in the Mental Health and Developmental 
Disabilities Code.

 
    Section 10. The Community Services Act is amended  by 
changing Section 4.6 as follows:
 
    (405 ILCS 30/4.6)
    Sec. 4.6. Closure and sale of State mental health or 
developmental disabilities facility.
    (a) Whenever a State mental health facility operated by the 
Department of Human Services is closed and the real estate on 
which the facility is located is sold by the State, then, to 
the extent that net proceeds are realized from the sale of that 
real estate, those net proceeds must be directed toward 
providing
other services and supports for persons with mental 
health needs. To that end, those net proceeds shall be 
deposited into the Community Mental Health Medicaid Trust Fund.
    (b) Whenever a State developmental disabilities facility 
operated by the Department of Human Services is closed and the 
real estate on which the facility is located is sold by the 
State, then, to the extent that net proceeds are realized from 
the sale of that real estate, those net proceeds must be 
directed toward providing
other services and supports for 
persons with developmental disabilities needs. To that end, 
those  net proceeds shall be deposited into the Community 
Developmental Disability Services Medicaid Trust Fund.
    (c) In determining whether any net proceeds are realized 
from a sale of real estate described in subsection (a) or (b), 
the Division of Developmental Disabilities and the Division of 
Mental Health of the Department of Human Services shall each 
determine the money, if any, that shall be made available to 
ensure that life, safety, and care concerns, including 
infrastructure, are addressed so as to provide for persons with 
developmental disabilities or mental illness at the remaining 
respective State-operated facilities that will be expected to 
serve the individuals previously served at the closed facility.
    (d) The purposes for which the net proceeds from a sale of 
real estate as provided in this Section may be used include, 
but are not limited to, the following:
        (1) Providing for individuals with developmental 
    disabilities and mental health needs the services and 
    supports described in subsection (e) of Section 4.4.
        (2) In the case of the closure of a mental health 
    facility, the construction of a new facility to serve the 
    needs of persons with mental health needs.
        (3) In the case of the closure of a developmental 
    disabilities facility, construction of a new facility to 
    serve the needs of persons with developmental disabilities 
    needs. 
    (e) Whenever any net proceeds are realized from a sale of 
real estate as provided in this Section, the Department of 
Human Services shall share and discuss its plan or plans for 
using those net proceeds with advocates, advocacy 
organizations, and advisory groups whose
mission
includes 
advocacy for persons with developmental disabilities or 
persons with
mental
illness.

    (f)  Consistent with the provisions of Sections 4.4 and 4.5 
of this Act, whenever a State mental health facility operated 
by the Department of Human Services is closed, the Department 
of Human Services, at the direction of the Governor, shall 
transfer funds from the closed facility to the appropriate line 
item providing appropriation authority for the new venue of 
care to facilitate the transition of services to the new venue 
of care, provided that the new venue of care is a Department of 
Human Services funded provider or facility. 
    (g)  As used in this Section, the term "mental health 
facility" has the meaning ascribed to that term in the Mental 
Health and Developmental Disabilities Code. 
(Source: P.A. 96-660, eff. 8-25-09; 96-1000, eff. 7-2-10.)