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| | HB0100 Engrossed | | LRB098 00253 RLC 30257 b |
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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Mental Health and Developmental |
5 | | Disabilities Administrative Act is amended by changing Section |
6 | | 14 as follows:
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7 | | (20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
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8 | | Sec. 14. Chester Mental Health Center. To maintain and |
9 | | operate a
facility for the care, custody, and treatment of |
10 | | persons with mental
illness or habilitation of persons with |
11 | | developmental disabilities hereinafter
designated, to be known |
12 | | as the Chester Mental Health Center.
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13 | | Within the Chester Mental Health Center there shall be |
14 | | confined the
following classes of persons, whose history, in |
15 | | the opinion of the
Department, discloses dangerous or violent |
16 | | tendencies and who, upon
examination under the direction of the |
17 | | Department, have been found a fit
subject for confinement in |
18 | | that facility:
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19 | | (a) Any male person who is charged with the commission |
20 | | of a
crime but has been acquitted by reason of insanity as |
21 | | provided in Section
5-2-4 of the Unified Code of |
22 | | Corrections.
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23 | | (b) Any male person who is charged with the commission |
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1 | | of
a crime but has been found unfit under Article 104 of |
2 | | the Code of Criminal
Procedure of 1963.
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3 | | (c) Any male person with mental illness or |
4 | | developmental disabilities or
person in need of mental |
5 | | treatment now confined under the supervision of the
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6 | | Department or hereafter
admitted to any facility thereof or |
7 | | committed thereto by any court of competent
jurisdiction.
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8 | | If and when it shall appear to the facility director of the |
9 | | Chester Mental
Health Center that it is necessary to confine |
10 | | persons in order to maintain
security or provide for the |
11 | | protection and safety of recipients and staff, the
Chester |
12 | | Mental Health Center may confine all persons on a unit to their |
13 | | rooms.
This period of confinement shall not exceed 10 hours in |
14 | | a 24 hour period,
including the recipient's scheduled hours of |
15 | | sleep, unless approved by the
Secretary of the Department. |
16 | | During the period of
confinement, the
persons confined shall be |
17 | | observed at least every 15 minutes. A record shall
be kept of |
18 | | the observations. This confinement shall not be considered
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19 | | seclusion as defined in the Mental Health and Developmental |
20 | | Disabilities
Code.
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21 | | The facility director of the Chester Mental Health Center |
22 | | may authorize
the temporary use of handcuffs on a recipient for |
23 | | a period not to exceed 10
minutes when necessary in the course |
24 | | of transport of the recipient within the
facility to maintain |
25 | | custody or security. Use of handcuffs is subject to the
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26 | | provisions of Section 2-108 of the Mental Health and |
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1 | | Developmental Disabilities
Code. The facility shall keep a |
2 | | monthly record listing each instance in which
handcuffs are |
3 | | used, circumstances indicating the need for use of handcuffs, |
4 | | and
time of application of handcuffs and time of release |
5 | | therefrom. The facility
director shall allow the Illinois |
6 | | Guardianship and Advocacy Commission, the
agency designated by |
7 | | the Governor under Section 1 of the Protection and
Advocacy for |
8 | | Developmentally Disabled Persons Act, and the Department to
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9 | | examine and copy such record upon request.
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10 | | The facility director of the Chester Mental Health Center |
11 | | may authorize the temporary use of transport devices on a civil |
12 | | recipient when necessary in the course of transport of the |
13 | | civil recipient outside the facility to maintain custody or |
14 | | security. Use of transport devices shall be reviewed and |
15 | | approved by a physician based upon a determination of the civil |
16 | | recipient's current functioning level, prior experience during |
17 | | similar transports, length, duration and purpose of trip, risk |
18 | | of unauthorized absence and risk of violence. Staff |
19 | | transporting the individual shall be trained in the use of the |
20 | | transport devices and shall observe and monitor the individual |
21 | | while being transported. The facility shall keep a monthly |
22 | | record listing each instance in which transport devices are |
23 | | used, circumstances indicating the need for use of transport |
24 | | devices, and time of application of transport devices and time |
25 | | of release from those devices. The facility director shall |
26 | | allow the Illinois Guardianship and Advocacy Commission, the |
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1 | | agency designated by the Governor under Section 1 of the |
2 | | Protection and Advocacy for Developmentally Disabled Persons |
3 | | Act, and the Department to examine and copy the record upon |
4 | | request. This use of transport devices shall not be considered |
5 | | restraint as defined in the Mental Health and Developmental |
6 | | Disabilities Code. |
7 | | If and when it shall appear to the satisfaction of the |
8 | | Department that
any person confined in the Chester Mental |
9 | | Health Center is not or has
ceased to be such a source of |
10 | | danger to the public as to require his
subjection to the |
11 | | regimen of the center, the Department is hereby
authorized to |
12 | | transfer such person to any State facility for treatment of
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13 | | persons with mental illness or habilitation of persons with |
14 | | developmental
disabilities, as the nature of the individual |
15 | | case may require.
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16 | | Subject to the provisions of this Section, the Department, |
17 | | except where
otherwise provided by law, shall, with respect to |
18 | | the management, conduct
and control of the Chester Mental |
19 | | Health Center and the discipline, custody
and treatment of the |
20 | | persons confined therein, have and exercise the same
rights and |
21 | | powers as are vested by law in the Department with respect to
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22 | | any and all of the State facilities for treatment of persons |
23 | | with mental
illness or habilitation of persons with |
24 | | developmental disabilities, and the
recipients thereof, and |
25 | | shall be subject to the same duties as are imposed by
law upon |
26 | | the Department with respect to such facilities and the |