| ||||
Public Act 098-0356 | ||||
| ||||
| ||||
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 Section | ||||
14 as follows:
| ||||
(20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
| ||||
Sec. 14. Chester Mental Health Center. To maintain and | ||||
operate a
facility for the care, custody, and treatment of | ||||
persons with mental
illness or habilitation of persons with | ||||
developmental disabilities hereinafter
designated, to be known | ||||
as the Chester Mental Health Center.
| ||||
Within the Chester Mental Health Center there shall be | ||||
confined the
following classes of persons, whose history, in | ||||
the opinion of the
Department, discloses dangerous or violent | ||||
tendencies and who, upon
examination under the direction of the | ||||
Department, have been found a fit
subject for confinement in | ||||
that facility:
| ||||
(a) Any male person who is charged with the commission | ||||
of a
crime but has been acquitted by reason of insanity as | ||||
provided in Section
5-2-4 of the Unified Code of | ||||
Corrections.
| ||||
(b) Any male person who is charged with the commission |
of
a crime but has been found unfit under Article 104 of | ||
the Code of Criminal
Procedure of 1963.
| ||
(c) Any male person with mental illness or | ||
developmental disabilities or
person in need of mental | ||
treatment now confined under the supervision of the
| ||
Department or hereafter
admitted to any facility thereof or | ||
committed thereto by any court of competent
jurisdiction.
| ||
If and when it shall appear to the facility director of the | ||
Chester Mental
Health Center that it is necessary to confine | ||
persons in order to maintain
security or provide for the | ||
protection and safety of recipients and staff, the
Chester | ||
Mental Health Center may confine all persons on a unit to their | ||
rooms.
This period of confinement shall not exceed 10 hours in | ||
a 24 hour period,
including the recipient's scheduled hours of | ||
sleep, unless approved by the
Secretary of the Department. | ||
During the period of
confinement, the
persons confined shall be | ||
observed at least every 15 minutes. A record shall
be kept of | ||
the observations. This confinement shall not be considered
| ||
seclusion as defined in the Mental Health and Developmental | ||
Disabilities
Code.
| ||
The facility director of the Chester Mental Health Center | ||
may authorize
the temporary use of handcuffs on a recipient for | ||
a period not to exceed 10
minutes when necessary in the course | ||
of transport of the recipient within the
facility to maintain | ||
custody or security. Use of handcuffs is subject to the
| ||
provisions of Section 2-108 of the Mental Health and |
Developmental Disabilities
Code. The facility shall keep a | ||
monthly record listing each instance in which
handcuffs are | ||
used, circumstances indicating the need for use of handcuffs, | ||
and
time of application of handcuffs and time of release | ||
therefrom. The facility
director shall allow the Illinois | ||
Guardianship and Advocacy Commission, the
agency designated by | ||
the Governor under Section 1 of the Protection and
Advocacy for | ||
Developmentally Disabled Persons Act, and the Department to
| ||
examine and copy such record upon request.
| ||
The facility director of the Chester Mental Health Center | ||
may authorize the temporary use of transport devices on a civil | ||
recipient when necessary in the course of transport of the | ||
civil recipient outside the facility to maintain custody or | ||
security. The decision whether to use any transport devices | ||
shall be reviewed and approved on an individualized basis by a | ||
physician based upon a determination of the civil recipient's: | ||
(1) history of violence, (2) history of violence during | ||
transports, (3) history of escapes and escape attempts, (4) | ||
history of trauma, (5) history of incidents of restraint or | ||
seclusion and use of involuntary medication, (6) current | ||
functioning level and medical status, (7) prior experience | ||
during similar transports, and (8) the length, duration, and | ||
purpose of the transport. The least restrictive transport | ||
device consistent with the individual's need shall be used. | ||
Staff transporting the individual shall be trained in the use | ||
of the transport devices, recognizing and responding to a |
person in distress, and shall observe and monitor the | ||
individual while being transported. The facility shall keep a | ||
monthly record listing all transports, including those | ||
transports for which use of transport devices were not sought, | ||
those for which use of transport devices were sought but | ||
denied, and each instance in which transport devices are used, | ||
circumstances indicating the need for use of transport devices, | ||
time of application of transport devices, time of release from | ||
those devices, and any adverse events. The facility director | ||
shall allow the Illinois Guardianship and Advocacy Commission, | ||
the agency designated by the Governor under Section 1 of the | ||
Protection and Advocacy for Developmentally Disabled Persons | ||
Act, and the Department to examine and copy the record upon | ||
request. This use of transport devices shall not be considered | ||
restraint as defined in the Mental Health and Developmental | ||
Disabilities Code. For the purpose of this Section "transport | ||
device" means ankle cuffs, handcuffs, waist chains or | ||
wrist-waist devices designed to restrict an individual's range | ||
of motion while being transported. These devices must be | ||
approved by the Division of Mental Health, used in accordance | ||
with the manufacturer's instructions, and used only by | ||
qualified staff members who have completed all training | ||
required to be eligible to transport patients and all other | ||
required training relating to the safe use and application of | ||
transport devices, including recognizing and responding to | ||
signs of distress in an individual whose movement is being |
restricted by a transport device. | ||
If and when it shall appear to the satisfaction of the | ||
Department that
any person confined in the Chester Mental | ||
Health Center is not or has
ceased to be such a source of | ||
danger to the public as to require his
subjection to the | ||
regimen of the center, the Department is hereby
authorized to | ||
transfer such person to any State facility for treatment of
| ||
persons with mental illness or habilitation of persons with | ||
developmental
disabilities, as the nature of the individual | ||
case may require.
| ||
Subject to the provisions of this Section, the Department, | ||
except where
otherwise provided by law, shall, with respect to | ||
the management, conduct
and control of the Chester Mental | ||
Health Center and the discipline, custody
and treatment of the | ||
persons confined therein, have and exercise the same
rights and | ||
powers as are vested by law in the Department with respect to
| ||
any and all of the State facilities for treatment of persons | ||
with mental
illness or habilitation of persons with | ||
developmental disabilities, and the
recipients thereof, and | ||
shall be subject to the same duties as are imposed by
law upon | ||
the Department with respect to such facilities and the | ||
recipients
thereof.
| ||
(Source: P.A. 91-559, eff. 1-1-00.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |