Full Text of HB0100 98th General Assembly
HB0100sam001 98TH GENERAL ASSEMBLY | Sen. William Delgado Filed: 4/30/2013
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| 1 | | AMENDMENT TO HOUSE BILL 100
| 2 | | AMENDMENT NO. ______. Amend House Bill 100 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Mental Health and Developmental | 5 | | Disabilities Administrative Act is amended by changing Section | 6 | | 14 as follows:
| 7 | | (20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
| 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.
| 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 |
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| 1 | | Department, have been found a fit
subject for confinement in | 2 | | that facility:
| 3 | | (a) Any male person who is charged with the commission | 4 | | of a
crime but has been acquitted by reason of insanity as | 5 | | provided in Section
5-2-4 of the Unified Code of | 6 | | Corrections.
| 7 | | (b) Any male person who is charged with the commission | 8 | | of
a crime but has been found unfit under Article 104 of | 9 | | the Code of Criminal
Procedure of 1963.
| 10 | | (c) Any male person with mental illness or | 11 | | developmental disabilities or
person in need of mental | 12 | | treatment now confined under the supervision of the
| 13 | | Department or hereafter
admitted to any facility thereof or | 14 | | committed thereto by any court of competent
jurisdiction.
| 15 | | If and when it shall appear to the facility director of the | 16 | | Chester Mental
Health Center that it is necessary to confine | 17 | | persons in order to maintain
security or provide for the | 18 | | protection and safety of recipients and staff, the
Chester | 19 | | Mental Health Center may confine all persons on a unit to their | 20 | | rooms.
This period of confinement shall not exceed 10 hours in | 21 | | a 24 hour period,
including the recipient's scheduled hours of | 22 | | sleep, unless approved by the
Secretary of the Department. | 23 | | During the period of
confinement, the
persons confined shall be | 24 | | observed at least every 15 minutes. A record shall
be kept of | 25 | | the observations. This confinement shall not be considered
| 26 | | seclusion as defined in the Mental Health and Developmental |
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| 1 | | Disabilities
Code.
| 2 | | The facility director of the Chester Mental Health Center | 3 | | may authorize
the temporary use of handcuffs on a recipient for | 4 | | a period not to exceed 10
minutes when necessary in the course | 5 | | of transport of the recipient within the
facility to maintain | 6 | | custody or security. Use of handcuffs is subject to the
| 7 | | provisions of Section 2-108 of the Mental Health and | 8 | | Developmental Disabilities
Code. The facility shall keep a | 9 | | monthly record listing each instance in which
handcuffs are | 10 | | used, circumstances indicating the need for use of handcuffs, | 11 | | and
time of application of handcuffs and time of release | 12 | | therefrom. The facility
director shall allow the Illinois | 13 | | Guardianship and Advocacy Commission, the
agency designated by | 14 | | the Governor under Section 1 of the Protection and
Advocacy for | 15 | | Developmentally Disabled Persons Act, and the Department to
| 16 | | examine and copy such record upon request.
| 17 | | The facility director of the Chester Mental Health Center | 18 | | may authorize the temporary use of transport devices on a civil | 19 | | recipient when necessary in the course of transport of the | 20 | | civil recipient outside the facility to maintain custody or | 21 | | security. The decision whether to use any transport devices | 22 | | shall be reviewed and approved on an individualized basis by a | 23 | | physician based upon a determination of the civil recipient's: | 24 | | (1) history of violence, (2) history of violence during | 25 | | transports, (3) history of escapes and escape attempts, (4) | 26 | | history of trauma, (5) history of incidents of restraint or |
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| 1 | | seclusion and use of involuntary medication, (6) current | 2 | | functioning level, (7) prior experience during similar | 3 | | transports, and (8) the length, duration, and purpose of the | 4 | | transport. The least restrictive transport device consistent | 5 | | with the individual's need shall be used. Staff transporting | 6 | | the individual shall be trained in the use of the transport | 7 | | devices, recognizing and responding to a person in distress, | 8 | | and shall observe and monitor the individual while being | 9 | | transported. The facility shall keep a monthly record listing | 10 | | all transports, including those transports for which use of | 11 | | transport devices were not sought, those for which use of | 12 | | transport devices were sought but denied, and each instance in | 13 | | which transport devices are used, circumstances indicating the | 14 | | need for use of transport devices, time of application of | 15 | | transport devices, time of release from those devices, and any | 16 | | adverse events. The facility director shall allow the Illinois | 17 | | Guardianship and Advocacy Commission, the agency designated by | 18 | | the Governor under Section 1 of the Protection and Advocacy for | 19 | | Developmentally Disabled Persons Act, and the Department to | 20 | | examine and copy the record upon request. This use of transport | 21 | | devices shall not be considered restraint as defined in the | 22 | | Mental Health and Developmental Disabilities Code. For the | 23 | | purpose of this Section "transport device" means ankle cuffs, | 24 | | handcuffs, waist chains or wrist-waist devices designed to | 25 | | restrict an individual's range of motion while being | 26 | | transported. These devices must be approved by the Division of |
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| 1 | | Mental Health, used in accordance with the manufacturer's | 2 | | instructions, and used only by qualified staff members who have | 3 | | completed all training required to be eligible to transport | 4 | | patients and all other required training relating to the safe | 5 | | use and application of transport devices, including | 6 | | recognizing and responding to signs of distress in an | 7 | | individual whose movement is being restricted by a transport | 8 | | device. | 9 | | If and when it shall appear to the satisfaction of the | 10 | | Department that
any person confined in the Chester Mental | 11 | | Health Center is not or has
ceased to be such a source of | 12 | | danger to the public as to require his
subjection to the | 13 | | regimen of the center, the Department is hereby
authorized to | 14 | | transfer such person to any State facility for treatment of
| 15 | | persons with mental illness or habilitation of persons with | 16 | | developmental
disabilities, as the nature of the individual | 17 | | case may require.
| 18 | | Subject to the provisions of this Section, the Department, | 19 | | except where
otherwise provided by law, shall, with respect to | 20 | | the management, conduct
and control of the Chester Mental | 21 | | Health Center and the discipline, custody
and treatment of the | 22 | | persons confined therein, have and exercise the same
rights and | 23 | | powers as are vested by law in the Department with respect to
| 24 | | any and all of the State facilities for treatment of persons | 25 | | with mental
illness or habilitation of persons with | 26 | | developmental disabilities, and the
recipients thereof, and |
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| 1 | | shall be subject to the same duties as are imposed by
law upon | 2 | | the Department with respect to such facilities and the | 3 | | recipients
thereof.
| 4 | | (Source: P.A. 91-559, eff. 1-1-00.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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