Full Text of SB0624 100th General Assembly
SB0624eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning mental health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Out-of-State Person Subject to Involuntary Admission on an | 6 | | Inpatient Basis Mental Health Treatment Act. | 7 | | Section 5. Definitions. As used in this Act: | 8 | | "Department" means the Department of Human Services. | 9 | | "Eastern Iowa Mental Health Region" means the Iowa counties | 10 | | of Cedar, Clinton, Jackson, Muscatine, and Scott. | 11 | | "Person subject to involuntary admission on an inpatient | 12 | | basis", "mental health facility", and "recipient" have the | 13 | | meanings ascribed to them in the Mental Health and | 14 | | Developmental Disabilities Code. | 15 | | "Pilot project area" means the Eastern Iowa Mental Health | 16 | | Region and Rock Island County, Illinois. | 17 | | "Receiving agency" means a mental health facility located | 18 | | in Rock Island, Illinois which accepts and provides treatment | 19 | | to a person from the sending state. | 20 | | "Receiving state" means Illinois. | 21 | | "Sending state" means Iowa. | 22 | | Section 10. Pilot project reciprocal agreement. On or |
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| 1 | | before January 1, 2018, there is created a 2-year mental health | 2 | | pilot project for which the receiving agency may accept the | 3 | | admission of an Iowa resident from the Eastern Iowa Mental | 4 | | Health Region who is a person subject to involuntary admission | 5 | | on an inpatient basis under an order issued by an Iowa court | 6 | | for treatment at a receiving agency in this State for which the | 7 | | Iowa court shall have jurisdiction over the recipient while | 8 | | committed to a receiving agency in this State as provided under | 9 | | Section 331.910 of the Iowa Code. The pilot project shall also | 10 | | provide that a resident of Rock Island County, Illinois who is | 11 | | a person subject to involuntary admission on an inpatient basis | 12 | | under an order issued by a court of this State for treatment at | 13 | | a receiving agency in this State may receive inpatient | 14 | | treatment in the sending state. The sending state or receiving | 15 | | agency shall provide mental health services to the recipient | 16 | | for the duration of the court order and shall return the | 17 | | recipient to his or her state of legal residence upon | 18 | | discharge. If a recipient has to enter a State-operated | 19 | | facility, the recipient must be returned to his or her state of | 20 | | legal residence. | 21 | | Section 15. Reciprocal agreement. For the purpose of the | 22 | | pilot project, the reciprocal agreement is limited to court | 23 | | orders issued by the courts in the Eastern Iowa Mental Health | 24 | | Region and in Rock Island County, Illinois. Court orders valid | 25 | | under the law of the sending state are granted recognition and |
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| 1 | | reciprocity in the receiving state's respective pilot project | 2 | | area to the extent that the court orders relate to commitment | 3 | | for inpatient treatment of a mental illness. The court orders | 4 | | are not subject to legal challenge in the courts of the | 5 | | receiving state. Persons who are detained, committed or placed | 6 | | under the law of a sending state and who are transferred to a | 7 | | receiving state under this Section continue to be in the legal | 8 | | custody of the authority responsible for them under the law of | 9 | | the sending state. Except in emergencies, those persons may not | 10 | | be transferred, removed, or furloughed from a facility of the | 11 | | receiving agency without the specific approval of the authority | 12 | | responsible for them under the law of the sending state. The | 13 | | receiving facility, whether public or private, must agree to | 14 | | the transfer from the sending state before a transfer takes | 15 | | place. Specifically excluded from this pilot project are those | 16 | | persons who are involved in criminal proceedings. | 17 | | Section 20. Applicable law. While in the receiving state, a | 18 | | person shall be subject to all of the provisions of law, rules, | 19 | | and regulations applicable to persons detained, committed, or | 20 | | placed under the corresponding laws of the receiving state, | 21 | | except those laws, rules, and regulations of the receiving | 22 | | state relating to length of commitment, reexaminations, and | 23 | | extensions of commitment or recommitment and except as | 24 | | otherwise provided by this Act. Specifically, the laws of the | 25 | | receiving state on emergency use of psychotropic medication and |
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| 1 | | the procedures for involuntary forced psychotropic medications | 2 | | shall apply to the person while in the receiving state. The | 3 | | laws, rules, and regulations of the sending state relating to | 4 | | length of commitment, reexaminations, and extensions of | 5 | | commitment or recommitment shall apply. | 6 | | Section 25. Records. Treatment records shall be managed in | 7 | | accordance with the laws of the receiving state. | 8 | | Section 30. Receiving agency responsibility.
| 9 | | (a) The receiving agency shall secure a re-examination for | 10 | | a person and arrange any extension or recommitment of a | 11 | | person's period of commitment. The receiving agency shall | 12 | | arrange transportation of persons from the receiving facility. | 13 | | (b) If a person receiving services under a contract under | 14 | | this Act escapes from the receiving agency and the person at | 15 | | the time of the escape is subject to involuntary admission | 16 | | under the law of the sending state, the receiving agency shall | 17 | | use all reasonable means to recapture the escapee. The | 18 | | receiving agency shall immediately report the escape to the | 19 | | sending state. The receiving state has the primary | 20 | | responsibility for, and may direct, the pursuit, retaking, and | 21 | | prosecution of escaped persons within its jurisdiction. | 22 | | (c) The receiving agency shall seek reimbursement from | 23 | | public or private insurance or from the county of residence or | 24 | | the sending state.
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| 1 | | Section 35. Residence not established. No person | 2 | | establishes legal residence in the state where the receiving | 3 | | agency is located while the person is receiving services under | 4 | | this Act. | 5 | | Section 40. Report to the Department. The receiving agency | 6 | | shall submit to the Department demographic information on the | 7 | | number of persons served in this pilot project, lengths of | 8 | | stay, cost data, and any specific problems or concerns that | 9 | | were raised during their stay. The agency shall also provide | 10 | | information about the number of Illinois residents who were | 11 | | served during the same period and whether any Illinois | 12 | | residents were denied services due to this pilot project. The | 13 | | receiving agency shall also notify other providers, hospitals, | 14 | | courts, law enforcement organizations, and advocacy | 15 | | organizations in the pilot project area on or before July 1, | 16 | | 2019 of the report to the Department on the pilot project and | 17 | | ask them to supply any comments to the Department. The | 18 | | receiving agency shall provide the information on or before | 19 | | August 1, 2019. | 20 | | Section 45. Repeal. This Act is repealed on January 1, | 21 | | 2020.
| 22 | | Section 99. Effective date. This Act takes effect July 1, | 23 | | 2017. |
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