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92nd General Assembly

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Public Act 92-0469

SB435 Enrolled                                 LRB9203382RCcd

    AN ACT in relation to criminal law.

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

    Section   5.   The Unified Code of Corrections is amended
by changing Section  3-15-3  and  adding  Section  3-15-4  as
follows:

    (730 ILCS 5/3-15-3) (from Ch. 38, par. 1003-15-3)
    Sec.    3-15-3.  Persons    with   mental   illness   and
developmental disabilities.
    (a)  The  Department  must,  may   by   rule,   establish
standards  and  procedures for the provision of mental health
and developmental disability services to persons with  mental
illness  and persons with a developmental disability confined
in a local jail or juvenile detention facility as  set  forth
under Section 3-7-7 of this Code.
    Those standards and procedures must address screening and
classification,  the use of psychotropic medications, suicide
prevention, qualifications of staff, staffing  levels,  staff
training,    discharge,    linkage    and    aftercare,   the
confidentiality of mental  health  records,  and  such  other
issues  as  are  necessary to ensure that inmates with mental
illness receive adequate and humane care and services.
    (b)  At least once each year, the Department must inspect
each  local  jail  and  juvenile   detention   facility   for
compliance with the standards and procedures established. The
results  of  the  inspection  must  be  made available by the
Department for public inspection.  If any  jail  or  juvenile
detention  facility  does  not  comply with the standards and
procedures established, the Director of Corrections must give
notice  to  the  county  board  and  the  sheriff   of   such
noncompliance,   specifying   the  particular  standards  and
procedures that have not been met by  the  jail  or  juvenile
detention  facility.   If  the  jail  or  juvenile  detention
facility   is  not  in  compliance  with  the  standards  and
procedures when 6 months have elapsed from the giving of such
notice,  the  Director  of  Corrections  may   petition   the
appropriate court for an order requiring the jail or juvenile
detention   facility   to   comply  with  the  standards  and
procedures  established  by  the  Department  or  for   other
appropriate relief.
(Source: P.A. 88-380.)

    (730 ILCS 5/3-15-4 new)
    Sec.  3-15-4.   Task  force  on mental health services in
municipal jails and lockups.
    (a)  The  Department  of  Corrections  shall  convene   a
special task force to develop and propose model standards for
the  delivery of mental health services and the prevention of
suicides in municipal jails  and  lockups.   The  task  force
shall be composed of no more than 22 members appointed by the
Director of Corrections as follows:
         (1)  Not    more   than   8   members   representing
    municipalities.
         (2)  Not more than 8 members representing  community
    mental health service providers and  State  operated  and
    private  psychiatric  hospitals, including no more than 3
    representatives  of  the   Office   of   Mental   Health,
    Department of Human Services.
         (3)  Three  members  of the general public, at least
    one of whom must be a primary consumer of  mental  health
    services.
         (4)  Not   more   than   3  representatives  of  the
    following groups: the National Commission on Correctional
    Health Care, the American Correctional  Association,  the
    Joint  Commission  on  the  Accreditation  of Health Care
    Organizations, the American Association  of  Correctional
    Psychology, the John Howard Association.
The  Director  of  Corrections  shall  in appointing the task
force attempt to ensure that the membership on the task force
represents the geographic diversity of the State.
    (b)  The members of the task force  shall  serve  without
compensation  and  may  not  receive  reimbursement  for  any
expenses  incurred  in  performing their duties as members of
the task force.
    (c)  The  task  force  may,   without   limitation,   (i)
determine  what  services and screening should be provided in
municipal pre-trial detention facilities  and  what  training
and  resources  are  necessary  to provide those services and
(ii) recommend changes  in  the  Department's  standards  for
municipal jails and lockups.
    (d)  Before  the  Department acts upon any recommendation
of the task force, the Department must hold a public  hearing
to provide individuals with mental illnesses and their family
members, mental health advocacy organizations, and the public
to  review,  comment  upon,  and  suggest  any changes to the
proposed standards for municipal jails and lockups.
    (e)  The task force must submit its recommendations as to
any changes in the standards for municipal jails and  lockups
to the General Assembly by January 15, 2002.

    Section  99.  Effective  date.   This Section and Section
3-15-4 of the Unified Code of Corrections  take  effect  upon
becoming law.
    Passed in the General Assembly May 31, 2001.
    Approved August 22, 2001.
    Effective August 22, 2001.
    Effective January 01, 2002.

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