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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6582
Introduced 02/09/04, by Jim Sacia SYNOPSIS AS INTRODUCED:
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730 ILCS 125/14 |
from Ch. 75, par. 114 |
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Amends the County Jail Act. Provides that if in the opinion of the
Warden, a prisoner appears to be mentally ill or developmentally disabled
and may be a danger to himself or herself, to other prisoners, or to jail
personnel or appears to be in need of immediate mental health services, the
Warden shall, within 72 hours of the admittance of the prisoner to the county
jail, obtain an evaluation of the prisoner's condition from a physician,
psychiatrist, or qualified examiner as defined in the Mental Health and
Developmental Disabilities Code. Provides that if the physician,
psychiatrist, or qualified examiner determines that the prisoner is in need of
mental health or developmental disability services, the Warden shall transfer
the prisoner to such other facility for the appropriate treatment.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB6582 |
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LRB093 17624 RLC 43294 b |
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| AN ACT in relation to criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The County Jail Act is amended by changing
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| Section 14 as follows:
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| (730 ILCS 125/14) (from Ch. 75, par. 114)
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| Sec. 14. Endangered; mentally ill prisoners.
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| (a) At any time, in the
opinion of the Warden, the lives or |
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| health
of the prisoners are endangered, to such a degree as to |
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| render their removal
necessary, the Warden may cause the |
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| prisoners to be removed to some suitable
place within the |
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| county, or to the jail of some convenient county, where
they |
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| may be confined until they can be safely returned to the place |
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| whence
they were removed. No prisoner charged with a felony |
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| shall be removed by
the warden to a Mental Health or |
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| Developmental Disabilities facility as
defined in the Mental |
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| Health and Developmental Disabilities Code, except as
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| specifically authorized by Article 104 of the Code of Criminal |
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| Procedure of
1963, or the Mental Health and Developmental |
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| Disabilities Code. Any place
to which the prisoners are so |
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| removed shall,
during their imprisonment there, be deemed, as |
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| to such prisoners, a prison
of the county in which they were |
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| originally confined; but, they shall be
under the care, |
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| government and direction of the Warden of the jail of the
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| county in which they are confined.
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| (b) If, in the opinion of the Warden, a prisoner appears to |
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| be mentally
ill or developmentally disabled and may be a danger |
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| to himself or herself,
to other prisoners, or to jail personnel |
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| or appears to be in need of immediate
mental health services, |
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| the Warden shall, within 72 hours of the admittance
of the |
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| prisoner to the county jail, obtain an evaluation of the |
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| prisoner's
condition from a physician, psychiatrist, or |