103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3350

 

Introduced 2/17/2023, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
405 ILCS 20/1  from Ch. 91 1/2, par. 301
405 ILCS 20/3e  from Ch. 91 1/2, par. 303e
405 ILCS 20/3h new

    Provides that this amendatory Act may be referred to as the Vera, Vivian, and Amilia Kisliak Law to Support Victims of Domestic Violence. Amends the Community Mental Health Act. Defines "domestic violence". Provides that the governing body of a governmental unit that has established a community mental health board may pass a resolution authorizing a proposition asking whether the community mental health board shall provide services for victims of domestic violence in addition to providing mental health facilities and services. Provides that the community mental health board may, if authorized, perform such acts as may be necessary to provide services for victims of domestic violence. Makes conforming changes. Effective immediately.


LRB103 26905 SPS 53269 b

 

 

A BILL FOR

 

HB3350LRB103 26905 SPS 53269 b

1    AN ACT concerning mental health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Vera, Vivian,
5and Amilia Kisliak Law to Support Victims of Domestic
6Violence.
 
7    Section 5. The Community Mental Health Act is amended by
8changing Sections 1 and 3e and by adding Section 3h as follows:
 
9    (405 ILCS 20/1)  (from Ch. 91 1/2, par. 301)
10    Sec. 1. As used in this Act:
11    "Direct recipient services" means only those services
12required to carry out a completed individualized treatment
13plan that is signed by a service recipient or legal guardian.
14Crisis assessment and stabilization services are excluded,
15although these services may be anticipated in a treatment
16plan.
17    "Domestic violence" has the meaning ascribed to that term
18in the Illinois Domestic Violence Act of 1986.
19    "Governmental unit" means any county, city, village,
20incorporated town, or township.
21    "Person with a developmental disability" means any person
22or persons so diagnosed and as defined in the Mental Health and

 

 

HB3350- 2 -LRB103 26905 SPS 53269 b

1Developmental Disabilities Code. Community mental health
2boards operating under this Act may in their jurisdiction, by
3a majority vote, add to the definition of "person with a
4developmental disability".
5    "Mental illness" has the meaning ascribed to that term in
6the Mental Health and Developmental Disabilities Code.
7Community mental health boards operating under this Act may in
8their jurisdiction, by a majority vote, add to the definition
9of "mental illness".
10    "Substance use disorder" encompasses substance abuse,
11dependence, and addiction, not inconsistent with federal or
12State definitions.
13(Source: P.A. 97-813, eff. 7-13-12.)
 
14    (405 ILCS 20/3e)  (from Ch. 91 1/2, par. 303e)
15    Sec. 3e. Board's powers and duties.
16    (1) Every community mental health board shall, immediately
17after appointment, meet and organize, by the election of one
18of its number as president and one as secretary and such other
19officers as it may deem necessary. It shall make rules and
20regulations concerning the rendition or operation of services
21and facilities which it directs, supervises or funds, not
22inconsistent with the provisions of this Act. It shall:
23        (a) Hold a meeting prior to July 1 of each year at
24    which officers shall be elected for the ensuing year
25    beginning July 1;

 

 

HB3350- 3 -LRB103 26905 SPS 53269 b

1        (b) Hold meetings at least quarterly;
2        (c) Hold special meetings upon a written request
3    signed by at least 2 members and filed with the secretary;
4        (d) Review and evaluate community mental health
5    services and facilities, including services and facilities
6    for the treatment of alcoholism, drug addiction,
7    developmental disabilities, and intellectual
8    disabilities;
9        (e) Authorize the disbursement of money from the
10    community mental health fund for payment for the ordinary
11    and contingent expenses of the board;
12        (f) Submit to the appointing officer and the members
13    of the governing body a written plan for a program of
14    community mental health services and facilities for
15    persons with a mental illness, a developmental disability,
16    or a substance use disorder and, if authorized under
17    Section 3h, for a program of services for victims of
18    domestic violence. Such plan shall be for the ensuing 12
19    month period. In addition, a plan shall be developed for
20    the ensuing 3 year period and such plan shall be reviewed
21    at the end of every 12 month period and shall be modified
22    as deemed advisable.
23        (g) Within amounts appropriated therefor, execute such
24    programs and maintain such services and facilities as may
25    be authorized under such appropriations, including amounts
26    appropriated under bond issues, if any;

 

 

HB3350- 4 -LRB103 26905 SPS 53269 b

1        (h) Publish the annual budget and report within 120
2    days after the end of the fiscal year in a newspaper
3    distributed within the jurisdiction of the board, or, if
4    no newspaper is published within the jurisdiction of the
5    board, then one published in the county, or, if no
6    newspaper is published in the county, then in a newspaper
7    having general circulation within the jurisdiction of the
8    board. The report shall show the condition of its trust of
9    that year, the sums of money received from all sources,
10    giving the name of any donor, how all monies have been
11    expended and for what purpose, and such other statistics
12    and program information in regard to the work of the board
13    as it may deem of general interest. A copy of the budget
14    and the annual report shall be made available to the
15    Department of Human Services and to members of the General
16    Assembly whose districts include any part of the
17    jurisdiction of such board. The names of all employees,
18    consultants, and other personnel shall be set forth along
19    with the amounts of money received;
20        (i) Consult with other appropriate private and public
21    agencies in the development of local plans for the most
22    efficient delivery of mental health, developmental
23    disabilities, and substance use disorder services. The
24    Board is authorized to join and to participate in the
25    activities of associations organized for the purpose of
26    promoting more efficient and effective services and

 

 

HB3350- 5 -LRB103 26905 SPS 53269 b

1    programs;
2        (j) Have the authority to review and comment on all
3    applications for grants by any person, corporation, or
4    governmental unit providing services within the
5    geographical area of the board which provides mental
6    health facilities and services, including services for the
7    person with a mental illness, a developmental disability,
8    or a substance use disorder and, if authorized under
9    Section 3h, for victims of domestic violence. The board
10    may require funding applicants to send a copy of their
11    funding application to the board at the time such
12    application is submitted to the Department of Human
13    Services or to any other local, State or federal funding
14    source or governmental agency. Within 60 days of the
15    receipt of any application, the board shall submit its
16    review and comments to the Department of Human Services or
17    to any other appropriate local, State or federal funding
18    source or governmental agency. A copy of the review and
19    comments shall be submitted to the funding applicant.
20    Within 60 days thereafter, the Department of Human
21    Services or any other appropriate local or State
22    governmental agency shall issue a written response to the
23    board and the funding applicant. The Department of Human
24    Services shall supply any community mental health board
25    such information about purchase-of-care funds, State
26    facility utilization, and costs in its geographical area

 

 

HB3350- 6 -LRB103 26905 SPS 53269 b

1    as the board may request provided that the information
2    requested is for the purpose of the Community Mental
3    Health Board complying with the requirements of Section
4    3f, subsection (f) of this Act;
5        (k) Perform such other acts as may be necessary or
6    proper to carry out the purposes of this Act.
7    (2) The community mental health board has the following
8powers:
9        (a) The board may enter into multiple-year contracts
10    for rendition or operation of services, facilities and
11    educational programs.
12        (b) The board may arrange through intergovernmental
13    agreements or intragovernmental agreements or both for the
14    rendition of services and operation of facilities by other
15    agencies or departments of the governmental unit or county
16    in which the governmental unit is located with the
17    approval of the governing body.
18        (c) To employ, establish compensation for, and set
19    policies for its personnel, including legal counsel, as
20    may be necessary to carry out the purposes of this Act and
21    prescribe the duties thereof. The board may enter into
22    multiple-year employment contracts as may be necessary for
23    the recruitment and retention of personnel and the proper
24    functioning of the board.
25        (d) The board may enter into multiple-year joint
26    agreements, which shall be written, with other mental

 

 

HB3350- 7 -LRB103 26905 SPS 53269 b

1    health boards and boards of health to provide jointly
2    agreed upon community mental health facilities and
3    services and to pool such funds as may be deemed necessary
4    and available for this purpose.
5        (e) The board may organize a not-for-profit
6    corporation for the purpose of providing direct recipient
7    services. Such corporations shall have, in addition to all
8    other lawful powers, the power to contract with persons to
9    furnish services for recipients of the corporation's
10    facilities, including psychiatrists and other physicians
11    licensed in this State to practice medicine in all of its
12    branches. Such physicians shall be considered independent
13    contractors, and liability for any malpractice shall not
14    extend to such corporation, nor to the community mental
15    health board, except for gross negligence in entering into
16    such a contract.
17        (f) The board shall not operate any direct recipient
18    services for more than a 2-year period when such services
19    are being provided in the governmental unit, but shall
20    encourage, by financial support, the development of
21    private agencies to deliver such needed services, pursuant
22    to regulations of the board.
23        (g) Where there are multiple boards within the same
24    planning area, as established by the Department of Human
25    Services, services may be purchased through a single
26    delivery system. In such areas, a coordinating body with

 

 

HB3350- 8 -LRB103 26905 SPS 53269 b

1    representation from each board shall be established to
2    carry out the service functions of this Act. In the event
3    any such coordinating body purchases or improves real
4    property, such body shall first obtain the approval of the
5    governing bodies of the governmental units in which the
6    coordinating body is located.
7        (h) The board may enter into multiple-year joint
8    agreements with other governmental units located within
9    the geographical area of the board. Such agreements shall
10    be written and shall provide for the rendition of services
11    by the board to the residents of such governmental units.
12        (i) The board may enter into multiple-year joint
13    agreements with federal, State, and local governments,
14    including the Department of Human Services, whereby the
15    board will provide certain services. All such joint
16    agreements must provide for the exchange of relevant data.
17    However, nothing in this Act shall be construed to permit
18    the abridgement of the confidentiality of patient records.
19        (j) The board may receive gifts from private sources
20    for purposes not inconsistent with the provisions of this
21    Act.
22        (k) The board may receive Federal, State and local
23    funds for purposes not inconsistent with the provisions of
24    this Act.
25        (l) The board may establish scholarship programs. Such
26    programs shall require equivalent service or reimbursement

 

 

HB3350- 9 -LRB103 26905 SPS 53269 b

1    pursuant to regulations of the board.
2        (m) The board may sell, rent, or lease real property
3    for purposes consistent with this Act.
4        (n) The board may: (i) own real property, lease real
5    property as lessee, or acquire real property by purchase,
6    construction, lease-purchase agreement, or otherwise; (ii)
7    take title to the property in the board's name; (iii)
8    borrow money and issue debt instruments, mortgages,
9    purchase-money mortgages, and other security instruments
10    with respect to the property; and (iv) maintain, repair,
11    remodel, or improve the property. All of these activities
12    must be for purposes consistent with this Act as may be
13    reasonably necessary for the housing and proper
14    functioning of the board. The board may use moneys in the
15    Community Mental Health Fund for these purposes.
16        (o) The board may organize a not-for-profit
17    corporation (i) for the purpose of raising money to be
18    distributed by the board for providing community mental
19    health services and facilities for the treatment of
20    alcoholism, drug addiction, developmental disabilities,
21    and intellectual disabilities or (ii) for other purposes
22    not inconsistent with this Act.
23        (p) The board may, if authorized under Section 3h,
24    perform such acts as may be necessary to provide services
25    for victims of domestic violence as described in Section
26    3h.

 

 

HB3350- 10 -LRB103 26905 SPS 53269 b

1(Source: P.A. 97-227, eff. 1-1-12.)
 
2    (405 ILCS 20/3h new)
3    Sec. 3h. Domestic Violence Proposition. The governing body
4of a governmental unit that has established a community mental
5health board pursuant to this Act may adopt a resolution
6authorizing a proposition to be submitted to the voters asking
7whether the community mental health board shall provide
8services for victims of domestic violence in addition to
9providing mental health facilities.
10    When a governing body adopts a resolution under this
11Section and provides a copy of the resolution to the clerk of
12the governmental unit, the clerk shall certify the proposition
13to the proper election officials for submission at a regular
14election under the general election law.
15    The proposition shall be in the following form:
16        Shall (governmental unit)'s community mental health
17    board provide services for victims of domestic violence in
18    addition to providing mental health facilities and
19    services?
20The votes shall be recorded as a "Yes" or "No".
21    If a majority of all the votes cast upon the proposition
22are in favor of the proposition, the community mental health
23board shall, in addition to all other powers and duties
24required under Section 3e of this Act, (i) provide a program of
25services for victims of domestic violence in accordance with

 

 

HB3350- 11 -LRB103 26905 SPS 53269 b

1subsection (f) of paragraph (1) of Section 3e, (ii) review and
2evaluate community services for victims of domestic violence,
3(iii) consult with other appropriate private and public
4agencies in the development of local plans for the most
5efficient delivery of services for victims of domestic
6violence, and (iv) review and comment on all applications for
7grants by any person, corporation, or governmental unit
8providing services within the geographical area of the board
9which provides services for victims of domestic violence in
10accordance with subsection (j) of paragraph (1) of Section 3e.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.