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| Public Act 098-0079 | ||||
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AN ACT concerning State government.
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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 Mental Health and Developmental | ||||
Disabilities Administrative Act is amended by changing Section | ||||
14 as follows:
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(20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
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Sec. 14. Chester Mental Health Center. To maintain and | ||||
operate a
facility for the care, custody, and treatment of | ||||
persons with mental
illness or habilitation of persons with | ||||
developmental disabilities hereinafter
designated, to be known | ||||
as the Chester Mental Health Center.
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Within the Chester Mental Health Center there shall be | ||||
confined the
following classes of persons, whose history, in | ||||
the opinion of the
Department, discloses dangerous or violent | ||||
tendencies and who, upon
examination under the direction of the | ||||
Department, have been found a fit
subject for confinement in | ||||
that facility:
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(a) Any male person who is charged with the commission | ||||
of a
crime but has been acquitted by reason of insanity as | ||||
provided in Section
5-2-4 of the Unified Code of | ||||
Corrections.
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(b) Any male person who is charged with the commission | ||||
of
a crime but has been found unfit under Article 104 of | ||
the Code of Criminal
Procedure of 1963.
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(c) Any male person with mental illness or | ||
developmental disabilities or
person in need of mental | ||
treatment now confined under the supervision of the
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Department or hereafter
admitted to any facility thereof or | ||
committed thereto by any court of competent
jurisdiction.
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If and when it shall appear to the facility director of the | ||
Chester Mental
Health Center that it is necessary to confine | ||
persons in order to maintain
security or provide for the | ||
protection and safety of recipients and staff, the
Chester | ||
Mental Health Center may confine all persons on a unit to their | ||
rooms.
This period of confinement shall not exceed 10 hours in | ||
a 24 hour period,
including the recipient's scheduled hours of | ||
sleep, unless approved by the
Secretary of the Department. | ||
During the period of
confinement, the
persons confined shall be | ||
observed at least every 15 minutes. A record shall
be kept of | ||
the observations. This confinement shall not be considered
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seclusion as defined in the Mental Health and Developmental | ||
Disabilities
Code.
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The facility director of the Chester Mental Health Center | ||
may authorize
the temporary use of handcuffs on a recipient for | ||
a period not to exceed 10
minutes when necessary in the course | ||
of transport of the recipient within the
facility to maintain | ||
custody or security. Use of handcuffs is subject to the
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provisions of Section 2-108 of the Mental Health and | ||
Developmental Disabilities
Code. The facility shall keep a | ||
monthly record listing each instance in which
handcuffs are | ||
used, circumstances indicating the need for use of handcuffs, | ||
and
time of application of handcuffs and time of release | ||
therefrom. The facility
director shall allow the Illinois | ||
Guardianship and Advocacy Commission, the
agency designated by | ||
the Governor under Section 1 of the Protection and
Advocacy for | ||
Developmentally Disabled Persons Act, and the Department to
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examine and copy such record upon request.
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If and when it shall appear to the satisfaction of the | ||
Department that
any person confined in the Chester Mental | ||
Health Center is not or has
ceased to be such a source of | ||
danger to the public as to require his
subjection to the | ||
regimen of the center, the Department is hereby
authorized to | ||
transfer such person to any State facility for treatment of
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persons with mental illness or habilitation of persons with | ||
developmental
disabilities, as the nature of the individual | ||
case may require.
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Subject to the provisions of this Section, the Department, | ||
except where
otherwise provided by law, shall, with respect to | ||
the management, conduct
and control of the Chester Mental | ||
Health Center and the discipline, custody
and treatment of the | ||
persons confined therein, have and exercise the same
rights and | ||
powers as are vested by law in the Department with respect to
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any and all of the State facilities for treatment of persons | ||
with mental
illness or habilitation of persons with | ||
developmental disabilities, and the
recipients thereof, and | ||
shall be subject to the same duties as are imposed by
law upon | ||
the Department with respect to such facilities and the | ||
recipients
thereof.
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The Department may elect to place persons who have been | ||
ordered by the court to be detained under the Sexually Violent | ||
Persons Commitment Act in a distinct portion of the Chester | ||
Mental Health Center. The persons so placed shall be separated | ||
and shall not comingle with the recipients of the Chester | ||
Mental Health Center. The portion of Chester Mental Health | ||
Center that is used for the persons detained under the Sexually | ||
Violent Persons Commitment Act shall not be a part of the | ||
mental health facility for the enforcement and implementation | ||
of the Mental Health and Developmental Disabilities Code nor | ||
shall their care and treatment be subject to the provisions of | ||
the Mental Health and Developmental Disabilities Code. The | ||
changes added to this Section by this amendatory Act of the | ||
98th General Assembly are inoperative on and after June 30, | ||
2015. | ||
(Source: P.A. 91-559, eff. 1-1-00.)
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Section 10. The Sexually Violent Persons Commitment Act is | ||
amended by changing Section 30 as follows: | ||
(725 ILCS 207/30)
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Sec. 30. Detention; probable cause hearing; transfer for
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examination.
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(a) Upon the filing of a petition under Section 15 of this | ||
Act,
the court shall review the petition to determine whether | ||
to issue
an order for detention of the person who is the | ||
subject of the
petition. The person shall be detained only if | ||
there is cause to
believe that the person is eligible for | ||
commitment under subsection (f) of
Section
35 of this Act. A | ||
person detained under this Section shall be
held in a facility | ||
approved by the Department. The Department may elect to place | ||
persons who have been ordered by the court to be detained in a | ||
State-operated mental health facility or a portion of that | ||
facility. Persons placed in a State-operated mental health | ||
facility under this Act shall be separated and shall not | ||
comingle with the recipients of the mental health facility. The | ||
portion of a State-operated mental health facility that is used | ||
for the persons detained under this Act shall not be a part of | ||
the mental health facility for the enforcement and | ||
implementation of the Mental Health and Developmental | ||
Disabilities Code nor shall their care and treatment be subject | ||
to the provisions of the Mental Health and Developmental | ||
Disabilities Code. The changes added to this Section by this | ||
amendatory Act of the 98th General Assembly are inoperative on | ||
and after June 30, 2015. If the person is
serving a sentence of | ||
imprisonment, is in a Department of
Corrections correctional | ||
facility or juvenile correctional
facility or is committed to | ||
institutional care, and the court
orders detention under this | ||
Section, the court shall order that
the person be transferred | ||
to a detention facility approved by the
Department. A detention | ||
order under this Section remains in
effect until the person is | ||
discharged after a trial under Section
35 of this Act or until | ||
the effective date of a commitment order
under Section 40 of | ||
this Act, whichever is applicable.
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(b) Whenever a petition is filed under Section 15 of this | ||
Act,
the court shall hold a hearing to determine whether there | ||
is
probable cause to believe that the person named in the | ||
petition is
a sexually violent person. If the person named in | ||
the petition is
in custody, the court shall hold the probable | ||
cause hearing within
72 hours after the petition is filed, | ||
excluding Saturdays, Sundays
and legal holidays. The court may | ||
grant a continuance of the probable cause
hearing for no more | ||
than 7 additional days upon the motion of the respondent,
for | ||
good cause. If the person named in the petition has been | ||
released, is
on parole, is on mandatory supervised release, or | ||
otherwise is not in
custody, the court shall hold the probable | ||
cause hearing within a
reasonable time after the filing of the | ||
petition.
At the probable cause hearing, the court shall admit | ||
and consider all
relevant hearsay evidence.
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(c) If the court determines after a hearing that there is
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probable cause to believe that the person named in the petition | ||
is
a sexually violent person, the court shall order that the | ||
person
be taken into custody if he or she is not in custody and | ||
shall
order the person to be transferred within a reasonable | ||
time to an
appropriate facility for an evaluation as to whether | ||
the person is
a sexually violent person.
If the person who is | ||
named in the petition refuses to speak to, communicate
with, or | ||
otherwise fails to cooperate with the examining evaluator from | ||
the
Department of Human Services or the Department of | ||
Corrections, that person may
only introduce evidence and | ||
testimony from any expert or professional person
who is | ||
retained or court-appointed to conduct an examination of the | ||
person
that results from a review of the records and may not | ||
introduce evidence
resulting from an examination of the person.
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Notwithstanding the provisions of Section 10 of
the
Mental | ||
Health and Developmental Disabilities Confidentiality Act, all
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evaluations conducted pursuant to this Act and all Illinois | ||
Department of
Corrections treatment records shall be | ||
admissible at all proceedings held
pursuant to this Act, | ||
including the probable cause hearing and the trial.
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If the court determines that probable
cause does not exist | ||
to believe that the person is a sexually
violent person, the | ||
court shall dismiss the petition.
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(d) The Department shall promulgate rules that provide the
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qualifications for persons conducting evaluations under | ||
subsection
(c) of this Section.
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(e) If the person named in the petition claims or appears | ||
to be
indigent, the court shall, prior to the probable cause | ||
hearing
under subsection (b) of this Section, appoint
counsel.
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(Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04; | ||
93-970, eff. 8-20-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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