Public Act 0427 95TH GENERAL ASSEMBLY

SB1245 Enrolled LRB095 11057 CMK 31380 b

Public Act 095-0427

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by changing Sections 4.3 and 70 as follows:

(20 ILCS 1705/4.3) (from Ch. 91 1/2, par. 100-4.3)

Sec. 4.3. Site visits and inspections.

(a) (Blank).

(b) The Department shall establish a system of regular and ongoing annual on-site inspections that shall occur at least annually of each facility under its jurisdiction. The inspections shall be conducted by the Department's central office to:

(1) Determine facility compliance with Department policies and procedures;

(2) Determine facility compliance with audit recommendations;

(3) Evaluate facility compliance with applicable federal standards;

(4) Review and follow up on complaints made by community mental health agencies and advocates, and on findings of the Human Rights Authority division of the Guardianship and Advocacy Commission; and

(5) Review administrative and management problems identified by other sources; and .

(6) Identify and prevent abuse and neglect.

(Source: P.A. 92-111, eff. 1-1-02.)

(20 ILCS 1705/70)

Sec. 70. Monitoring by closed circuit television. The Department of Human Services as successor to the Department of Mental Health and Developmental Disabilities may install closed circuit televisions in quiet rooms in institutions supervised or operated by the Department to monitor patients in those quiet rooms. The Department shall study current and potential uses of electronic monitoring and recording for the purpose of preventing and identifying abuse and neglect within State-operated developmental centers and developmental disabilities services programs funded, certified, or licensed by the Department of Human Services but not those centers or programs licensed by another State agency, and shall report to the General Assembly on or before January 1, 2008, with recommendations on the feasibility of increasing utilization of electronic monitoring and recording for purposes of preventing and identifying abuse and neglect. Nothing in this Section shall be construed to supersede or interfere with any current provisions in the Mental Health and Developmental Disabilities Code concerning the observation and monitoring of patients.

(Source: P.A. 90-444, eff. 8-16-97; 90-655, eff. 7-30-98.)

Effective Date: 1/1/2008