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91_HB1863ham001
LRB9105186RCksam
1 AMENDMENT TO HOUSE BILL 1863
2 AMENDMENT NO. . Amend House Bill 1863 by replacing
3 the title with the following:
4 "AN ACT concerning the Chester Mental Health Center.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Mental Health and Developmental
9 Disabilities Administrative Act is amended by changing
10 Section 14 as follows:
11 (20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
12 Sec. 14. Chester Mental Health Center. To maintain and
13 operate a facility for the care, custody, and treatment of
14 persons with mental illness or habilitation of persons with
15 developmental disabilities hereinafter designated, to be
16 known as the Chester Mental Health Center.
17 Within the Chester Mental Health Center there shall be
18 confined the following classes of persons, whose history, in
19 the opinion of the Department, discloses dangerous or violent
20 tendencies and who, upon examination under the direction of
21 the Department, have been found a fit subject for confinement
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1 in that facility:
2 (a) Any male person who is charged with the
3 commission of a crime but has been acquitted by reason of
4 insanity as provided in Section 5-2-4 of the Unified Code
5 of Corrections.
6 (b) Any male person who is charged with the
7 commission of a crime but has been found unfit under
8 Article 104 of the Code of Criminal Procedure of 1963.
9 (c) Any male person with mental illness or
10 developmental disabilities or person in need of mental
11 treatment now confined under the supervision of the
12 Department or hereafter admitted to any facility thereof
13 or committed thereto by any court of competent
14 jurisdiction.
15 If and when it shall appear to the facility director of
16 the Chester Mental Health Center that it is necessary to
17 confine persons in order to maintain security or provide for
18 the protection and safety of recipients and staff, the
19 Chester Mental Health Center may confine all persons on a
20 unit to their rooms. This period of confinement shall not
21 exceed 10 hours in a 24 hour period, including the
22 recipient's scheduled hours of sleep, unless approved by the
23 Secretary of the Department. During the period of
24 confinement, the persons confined shall be observed at least
25 every 15 minutes. A record shall be kept of the
26 observations. This confinement shall not be considered
27 seclusion as defined in the Mental Health and Developmental
28 Disabilities Code.
29 If it appears to the facility director of the Chester
30 Mental Health Center that it is necessary, security devices
31 may be used on an individual in order to maintain custody or
32 security or to provide for the safety and protection of
33 recipients and staff. This use of security devices is not
34 considered restraint as defined in the Mental Health and
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1 Developmental Disabilities Code.
2 If and when it shall appear to the satisfaction of the
3 Department that any person confined in the Chester Mental
4 Health Center is not or has ceased to be such a source of
5 danger to the public as to require his subjection to the
6 regimen of the center, the Department is hereby authorized to
7 transfer such person to any State facility for treatment of
8 persons with mental illness or habilitation of persons with
9 developmental disabilities, as the nature of the individual
10 case may require.
11 Subject to the provisions of this Section, the
12 Department, except where otherwise provided by law, shall,
13 with respect to the management, conduct and control of the
14 Chester Mental Health Center and the discipline, custody and
15 treatment of the persons confined therein, have and exercise
16 the same rights and powers as are vested by law in the
17 Department with respect to any and all of the State
18 facilities for treatment of persons with mental illness or
19 habilitation of persons with developmental disabilities, and
20 the recipients thereof, and shall be subject to the same
21 duties as are imposed by law upon the Department with respect
22 to such facilities and the recipients thereof.
23 (Source: P.A. 88-380; 89-439, eff. 6-1-96; 89-507, eff.
24 7-1-97.)".