Public Act 098-0403
 
HB1683 EnrolledLRB098 09601 HLH 39747 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Finance Act is amended by adding
Section 5i as follows:
 
    (30 ILCS 105/5i new)
    Sec. 5i. Closure of State mental health facilities or
developmental disabilities facilities. Consistent with the
provisions of Sections 4.4 and 4.5 of the Community Services
Act, whenever a State mental health facility operated by the
Department of Human Services or a State developmental
disabilities facility operated by the Department of Human
Services is closed, the Department of Human Services, at the
direction of the Governor, shall transfer funds from the closed
facility to the appropriate line item providing appropriation
authority for the new venue of care to facilitate the
transition of services to the new venue of care, provided that
the new venue of care is a Department of Human Services funded
provider or facility.
    As used in this Section, the terms "mental health facility"
and "developmental disabilities facility" have the meanings
ascribed to those terms in the Mental Health and Developmental
Disabilities Code.
 
    Section 10. The Community Services Act is amended by
changing Section 4.6 as follows:
 
    (405 ILCS 30/4.6)
    Sec. 4.6. Closure and sale of State mental health or
developmental disabilities facility.
    (a) Whenever a State mental health facility operated by the
Department of Human Services is closed and the real estate on
which the facility is located is sold by the State, then, to
the extent that net proceeds are realized from the sale of that
real estate, those net proceeds must be directed toward
providing other services and supports for persons with mental
health needs. To that end, those net proceeds shall be
deposited into the Community Mental Health Medicaid Trust Fund.
    (b) Whenever a State developmental disabilities facility
operated by the Department of Human Services is closed and the
real estate on which the facility is located is sold by the
State, then, to the extent that net proceeds are realized from
the sale of that real estate, those net proceeds must be
directed toward providing other services and supports for
persons with developmental disabilities needs. To that end,
those net proceeds shall be deposited into the Community
Developmental Disability Services Medicaid Trust Fund.
    (c) In determining whether any net proceeds are realized
from a sale of real estate described in subsection (a) or (b),
the Division of Developmental Disabilities and the Division of
Mental Health of the Department of Human Services shall each
determine the money, if any, that shall be made available to
ensure that life, safety, and care concerns, including
infrastructure, are addressed so as to provide for persons with
developmental disabilities or mental illness at the remaining
respective State-operated facilities that will be expected to
serve the individuals previously served at the closed facility.
    (d) The purposes for which the net proceeds from a sale of
real estate as provided in this Section may be used include,
but are not limited to, the following:
        (1) Providing for individuals with developmental
    disabilities and mental health needs the services and
    supports described in subsection (e) of Section 4.4.
        (2) In the case of the closure of a mental health
    facility, the construction of a new facility to serve the
    needs of persons with mental health needs.
        (3) In the case of the closure of a developmental
    disabilities facility, construction of a new facility to
    serve the needs of persons with developmental disabilities
    needs.
    (e) Whenever any net proceeds are realized from a sale of
real estate as provided in this Section, the Department of
Human Services shall share and discuss its plan or plans for
using those net proceeds with advocates, advocacy
organizations, and advisory groups whose mission includes
advocacy for persons with developmental disabilities or
persons with mental illness.
    (f) Consistent with the provisions of Sections 4.4 and 4.5
of this Act, whenever a State mental health facility operated
by the Department of Human Services is closed, the Department
of Human Services, at the direction of the Governor, shall
transfer funds from the closed facility to the appropriate line
item providing appropriation authority for the new venue of
care to facilitate the transition of services to the new venue
of care, provided that the new venue of care is a Department of
Human Services funded provider or facility.
    (g) As used in this Section, the term "mental health
facility" has the meaning ascribed to that term in the Mental
Health and Developmental Disabilities Code.
(Source: P.A. 96-660, eff. 8-25-09; 96-1000, eff. 7-2-10.)