Full Text of SB0093 98th General Assembly
SB0093enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | Department, have been found a fit
subject for confinement in | 18 | | that facility:
| 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.
| 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.
| 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
| 6 | | Department or hereafter
admitted to any facility thereof or | 7 | | committed thereto by any court of competent
jurisdiction.
| 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
| 19 | | seclusion as defined in the Mental Health and Developmental | 20 | | Disabilities
Code.
| 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
| 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
| 9 | | examine and copy such record upon request.
| 10 | | If and when it shall appear to the satisfaction of the | 11 | | Department that
any person confined in the Chester Mental | 12 | | Health Center is not or has
ceased to be such a source of | 13 | | danger to the public as to require his
subjection to the | 14 | | regimen of the center, the Department is hereby
authorized to | 15 | | transfer such person to any State facility for treatment of
| 16 | | persons with mental illness or habilitation of persons with | 17 | | developmental
disabilities, as the nature of the individual | 18 | | case may require.
| 19 | | Subject to the provisions of this Section, the Department, | 20 | | except where
otherwise provided by law, shall, with respect to | 21 | | the management, conduct
and control of the Chester Mental | 22 | | Health Center and the discipline, custody
and treatment of the | 23 | | persons confined therein, have and exercise the same
rights and | 24 | | powers as are vested by law in the Department with respect to
| 25 | | any and all of the State facilities for treatment of persons | 26 | | with mental
illness or habilitation of persons with |
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| 1 | | developmental disabilities, and the
recipients thereof, and | 2 | | shall be subject to the same duties as are imposed by
law upon | 3 | | the Department with respect to such facilities and the | 4 | | recipients
thereof.
| 5 | | The Department may elect to place persons who have been | 6 | | ordered by the court to be detained under the Sexually Violent | 7 | | Persons Commitment Act in a distinct portion of the Chester | 8 | | Mental Health Center. The persons so placed shall be separated | 9 | | and shall not comingle with the recipients of the Chester | 10 | | Mental Health Center. The portion of Chester Mental Health | 11 | | Center that is used for the persons detained under the Sexually | 12 | | Violent Persons Commitment Act shall not be a part of the | 13 | | mental health facility for the enforcement and implementation | 14 | | of the Mental Health and Developmental Disabilities Code nor | 15 | | shall their care and treatment be subject to the provisions of | 16 | | the Mental Health and Developmental Disabilities Code. The | 17 | | changes added to this Section by this amendatory Act of the | 18 | | 98th General Assembly are inoperative on and after June 30, | 19 | | 2015. | 20 | | (Source: P.A. 91-559, eff. 1-1-00.)
| 21 | | Section 10. The Sexually Violent Persons Commitment Act is | 22 | | amended by changing Section 30 as follows: | 23 | | (725 ILCS 207/30)
| 24 | | Sec. 30. Detention; probable cause hearing; transfer for
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| 1 | | examination.
| 2 | | (a) Upon the filing of a petition under Section 15 of this | 3 | | Act,
the court shall review the petition to determine whether | 4 | | to issue
an order for detention of the person who is the | 5 | | subject of the
petition. The person shall be detained only if | 6 | | there is cause to
believe that the person is eligible for | 7 | | commitment under subsection (f) of
Section
35 of this Act. A | 8 | | person detained under this Section shall be
held in a facility | 9 | | approved by the Department. The Department may elect to place | 10 | | persons who have been ordered by the court to be detained in a | 11 | | State-operated mental health facility or a portion of that | 12 | | facility. Persons placed in a State-operated mental health | 13 | | facility under this Act shall be separated and shall not | 14 | | comingle with the recipients of the mental health facility. The | 15 | | portion of a State-operated mental health facility that is used | 16 | | for the persons detained under this Act shall not be a part of | 17 | | the mental health facility for the enforcement and | 18 | | implementation of the Mental Health and Developmental | 19 | | Disabilities Code nor shall their care and treatment be subject | 20 | | to the provisions of the Mental Health and Developmental | 21 | | Disabilities Code. The changes added to this Section by this | 22 | | amendatory Act of the 98th General Assembly are inoperative on | 23 | | and after June 30, 2015. If the person is
serving a sentence of | 24 | | imprisonment, is in a Department of
Corrections correctional | 25 | | facility or juvenile correctional
facility or is committed to | 26 | | institutional care, and the court
orders detention under this |
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| 1 | | Section, the court shall order that
the person be transferred | 2 | | to a detention facility approved by the
Department. A detention | 3 | | order under this Section remains in
effect until the person is | 4 | | discharged after a trial under Section
35 of this Act or until | 5 | | the effective date of a commitment order
under Section 40 of | 6 | | this Act, whichever is applicable.
| 7 | | (b) Whenever a petition is filed under Section 15 of this | 8 | | Act,
the court shall hold a hearing to determine whether there | 9 | | is
probable cause to believe that the person named in the | 10 | | petition is
a sexually violent person. If the person named in | 11 | | the petition is
in custody, the court shall hold the probable | 12 | | cause hearing within
72 hours after the petition is filed, | 13 | | excluding Saturdays, Sundays
and legal holidays. The court may | 14 | | grant a continuance of the probable cause
hearing for no more | 15 | | than 7 additional days upon the motion of the respondent,
for | 16 | | good cause. If the person named in the petition has been | 17 | | released, is
on parole, is on mandatory supervised release, or | 18 | | otherwise is not in
custody, the court shall hold the probable | 19 | | cause hearing within a
reasonable time after the filing of the | 20 | | petition.
At the probable cause hearing, the court shall admit | 21 | | and consider all
relevant hearsay evidence.
| 22 | | (c) If the court determines after a hearing that there is
| 23 | | probable cause to believe that the person named in the petition | 24 | | is
a sexually violent person, the court shall order that the | 25 | | person
be taken into custody if he or she is not in custody and | 26 | | shall
order the person to be transferred within a reasonable |
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| 1 | | time to an
appropriate facility for an evaluation as to whether | 2 | | the person is
a sexually violent person.
If the person who is | 3 | | named in the petition refuses to speak to, communicate
with, or | 4 | | otherwise fails to cooperate with the examining evaluator from | 5 | | the
Department of Human Services or the Department of | 6 | | Corrections, that person may
only introduce evidence and | 7 | | testimony from any expert or professional person
who is | 8 | | retained or court-appointed to conduct an examination of the | 9 | | person
that results from a review of the records and may not | 10 | | introduce evidence
resulting from an examination of the person.
| 11 | | Notwithstanding the provisions of Section 10 of
the
Mental | 12 | | Health and Developmental Disabilities Confidentiality Act, all
| 13 | | evaluations conducted pursuant to this Act and all Illinois | 14 | | Department of
Corrections treatment records shall be | 15 | | admissible at all proceedings held
pursuant to this Act, | 16 | | including the probable cause hearing and the trial.
| 17 | | If the court determines that probable
cause does not exist | 18 | | to believe that the person is a sexually
violent person, the | 19 | | court shall dismiss the petition.
| 20 | | (d) The Department shall promulgate rules that provide the
| 21 | | qualifications for persons conducting evaluations under | 22 | | subsection
(c) of this Section.
| 23 | | (e) If the person named in the petition claims or appears | 24 | | to be
indigent, the court shall, prior to the probable cause | 25 | | hearing
under subsection (b) of this Section, appoint
counsel.
| 26 | | (Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04; |
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| 1 | | 93-970, eff. 8-20-04.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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