[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] |
90_SB0922sam001
LRB9003440MWpcam
1 AMENDMENT TO SENATE BILL 922
2 AMENDMENT NO. . Amend Senate Bill 922 by replacing
3 the title with the following:
4 "AN ACT concerning mental health services for persons
5 confined in county jails, amending named Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Mental Health and Developmental
9 Disabilities Code is amended by changing Section 3-200 as
10 follows:
11 (405 ILCS 5/3-200) (from Ch. 91 1/2, par. 3-200)
12 Sec. 3-200. (a) A person may be admitted as an inpatient
13 to a mental health facility for treatment of mental illness
14 only as provided in this Chapter, except that a person may be
15 transferred by the Department of Corrections pursuant to the
16 Unified Code of Corrections or by the Warden of a county jail
17 under the County Jail Act. A person transferred by the
18 Department of Corrections or the Warden of a county jail in
19 this manner may be released only as provided in the Unified
20 Code of Corrections or the County Jail Act.
21 (b) No person who is diagnosed as mentally retarded or a
-2- LRB9003440MWpcam
1 person with a developmental disability may be admitted or
2 transferred to a Department mental health facility or, any
3 portion thereof, except as provided in this Chapter. However,
4 the evaluation and placement of such persons shall be
5 governed by Article II of Chapter 4 of this Code.
6 (Source: P.A. 88-380.)
7 Section 10. The County Jail Act is amended by adding
8 Section 17.5 as follows:
9 (730 ILCS 125/17.5 new)
10 Sec. 17.5. Transfer to Department of Human Services.
11 (a) The Warden may cause inquiry and examination at
12 periodic intervals to ascertain whether any person, whether a
13 pre-trial detainee or a convicted inmate, in his or her
14 custody may be subject to involuntary admission, as defined
15 in Section 1-119 of the Mental Health and Developmental
16 Disabilities Code, or meets the standard for judicial
17 admission as defined in Section 4-500 of the Mental Health
18 and Developmental Disabilities Code, or is an addict,
19 alcoholic, or intoxicated person as defined in the Alcoholism
20 or Other Drug Abuse and Dependency Act. The Warden may
21 transfer persons other than the addicts, alcoholics, or
22 intoxicated persons to the Department of Human Services for
23 observation, diagnosis, and treatment, subject to the
24 approval of the Secretary of Human Services, for a period of
25 not more than 6 months or the length of the person's sentence
26 if the person consents in writing to the transfer. The
27 person shall be advised of his or her right not to consent,
28 and if the person does not consent, the transfer may be
29 effected only by commitment under paragraphs (c) and (d) of
30 this Section.
31 (b) The person's spouse, guardian, or nearest relative
32 and his or her attorney of record shall be advised of their
-3- LRB9003440MWpcam
1 right to object, and if objection is made, the transfer may
2 be effected only by commitment under paragraph (c) of this
3 Section. Notice of the transfer shall be mailed to the
4 person's spouse, guardian, or nearest relative and to the
5 attorney of record, marked for delivery to addressee only at
6 his or her last known address, by certified mail with return
7 receipt requested, with written notification of the manner
8 and time within which he or she may object to the transfer.
9 (c) If a person does not consent to his or her transfer
10 to the Department of Human Services, if a person objects
11 under paragraph (b) of this Section, if the Department of
12 Human Services determines that a transferred person requires
13 commitment to the Department of Human Services for more than
14 6 months, or if the person's sentence will expire within 6
15 months, the Department of Human Services shall file a
16 petition in the Circuit Court requesting the transfer of the
17 person to the Department. A certificate of a psychiatrist,
18 clinical psychologist, or, if admission to a developmental
19 disability facility is sought, a physician that the person is
20 in need of commitment to the Department of Human Services for
21 treatment or habilitation shall be attached to the petition.
22 Copies of the petition shall be furnished to the named
23 person, the Warden of the county jail, and to the state's
24 attorney of the county.
25 (d) The court shall set a date for a hearing on the
26 petition within the time limit set forth in the Mental Health
27 and Developmental Disabilities Code. The hearing shall be
28 conducted in the manner prescribed by the Mental Health and
29 Developmental Disabilities Code. If a person is found to be
30 in need of commitment to the Department of Human Services for
31 treatment or habilitation, the court may commit the person to
32 that Department.
33 (e) Nothing in this Section shall limit the right of the
34 Warden of any county jail to use the emergency admission
-4- LRB9003440MWpcam
1 provisions of the Mental Health and Developmental
2 Disabilities Code with respect to any person in his or her
3 custody or care. The transfer of a person to an institution
4 or facility of the Department of Human Service under
5 paragraph (a) of this Section does not discharge the person
6 from the control of the Warden.".