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(405 ILCS 30/4.4)
(a) The purposes of this Section are as follows:
(1) The General Assembly recognizes that the United
States Supreme Court in Olmstead v. L.C. ex Rel. Zimring, 119 S. Ct. 2176 (1999), affirmed that the unjustifiable institutionalization of a person with a disability who could live in the community with proper support, and wishes to do so, is unlawful discrimination in violation of the Americans with Disabilities Act (ADA). The State of Illinois, along with all other states, is required to provide appropriate residential and community-based support services to persons with disabilities who wish to live in a less restrictive setting.
(2) It is the purpose of this Section to help fulfill
the State's obligations under the Olmstead decision by maximizing the level of funds for both developmental disability and mental health services and supports in order to maintain and create an array of residential and supportive services for people with mental health needs and developmental disabilities whenever they are transferred into another facility or a community-based setting.
(b) In this Section:
"Office of Developmental Disabilities" means the Office of Developmental
Disabilities within the Department of Human Services.
"Office of Mental Health" means the Office of Mental Health within the
Department of Human Services.
(c) On and after the effective date of this amendatory Act of the 94th
General Assembly, every appropriation of State moneys relating to funding for
the Office of Developmental Disabilities or the Office of Mental Health must
comply with this Section.
(d) Whenever any appropriation, or any portion of an appropriation, for any
fiscal year relating to the funding of any State-operated facility operated by
the Office of Developmental Disabilities or any mental health facility operated
by the Office of Mental Health is reduced because of any of the reasons set
forth in the following items (1) through (3), to the extent that savings are
realized from these items, those moneys must be directed toward providing
other services and supports for persons with developmental disabilities or
mental health needs:
(1) The closing of any such State-operated facility
for persons with developmental disabilities or mental health facility.
(2) Reduction in the number of units or available
beds in any such State-operated facility for persons with developmental disabilities or mental health facility.
(3) Reduction in the number of staff employed in any
such State-operated facility for persons with developmental disabilities or mental health facility.
In determining whether any savings are realized from items (1) through
sufficient moneys shall be made available to ensure that there is an
appropriate level of
staffing and that life, safety, and care concerns are addressed so as to
provide for the
remaining persons with developmental disabilities or mental illness at any
facility in the
case of item (2) or (3) or, in the case of item (1), such remaining persons at
remaining State-operated facilities that will be expected to handle the
previously served at the closed facility.
(e) The purposes of redirecting this funding shall include, but not be
limited to, providing the following services and supports for individuals with
developmental disabilities and mental health needs:
(1) Residence in the most integrated setting
possible, whether independent living in a private residence, a Community Integrated Living Arrangement (CILA), a supported residential program, an Intermediate Care Facility for persons with Developmental Disabilities (ICFDD), a supervised residential program, or supportive housing, as appropriate.
(2) Residence in another State-operated facility.
(3) Rehabilitation and support services, including
assertive community treatment, case management, supportive and supervised day treatment, and psychosocial rehabilitation.
(4) Vocational or developmental training, as
appropriate, that contributes to the person's independence and employment potential.
(5) Employment or supported employment, as
appropriate, free from discrimination pursuant to the Constitution and laws of this State.
(6) In-home family supports, such as respite services
and client and family supports.
(7) Periodic reevaluation, as needed.
(f) An appropriation may not circumvent the purposes of this Section by
transferring moneys within the funding system for services and supports for persons with developmental disabilities and the mentally ill and then compensating for this
transfer by redirecting other moneys away from these services to provide
funding for some other governmental purpose or to relieve other State funding
(Source: P.A. 99-143, eff. 7-27-15.)