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Public Act 92-0469
SB435 Enrolled LRB9203382RCcd
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended
by changing Section 3-15-3 and adding Section 3-15-4 as
follows:
(730 ILCS 5/3-15-3) (from Ch. 38, par. 1003-15-3)
Sec. 3-15-3. Persons with mental illness and
developmental disabilities.
(a) The Department must, may by rule, establish
standards and procedures for the provision of mental health
and developmental disability services to persons with mental
illness and persons with a developmental disability confined
in a local jail or juvenile detention facility as set forth
under Section 3-7-7 of this Code.
Those standards and procedures must address screening and
classification, the use of psychotropic medications, suicide
prevention, qualifications of staff, staffing levels, staff
training, discharge, linkage and aftercare, the
confidentiality of mental health records, and such other
issues as are necessary to ensure that inmates with mental
illness receive adequate and humane care and services.
(b) At least once each year, the Department must inspect
each local jail and juvenile detention facility for
compliance with the standards and procedures established. The
results of the inspection must be made available by the
Department for public inspection. If any jail or juvenile
detention facility does not comply with the standards and
procedures established, the Director of Corrections must give
notice to the county board and the sheriff of such
noncompliance, specifying the particular standards and
procedures that have not been met by the jail or juvenile
detention facility. If the jail or juvenile detention
facility is not in compliance with the standards and
procedures when 6 months have elapsed from the giving of such
notice, the Director of Corrections may petition the
appropriate court for an order requiring the jail or juvenile
detention facility to comply with the standards and
procedures established by the Department or for other
appropriate relief.
(Source: P.A. 88-380.)
(730 ILCS 5/3-15-4 new)
Sec. 3-15-4. Task force on mental health services in
municipal jails and lockups.
(a) The Department of Corrections shall convene a
special task force to develop and propose model standards for
the delivery of mental health services and the prevention of
suicides in municipal jails and lockups. The task force
shall be composed of no more than 22 members appointed by the
Director of Corrections as follows:
(1) Not more than 8 members representing
municipalities.
(2) Not more than 8 members representing community
mental health service providers and State operated and
private psychiatric hospitals, including no more than 3
representatives of the Office of Mental Health,
Department of Human Services.
(3) Three members of the general public, at least
one of whom must be a primary consumer of mental health
services.
(4) Not more than 3 representatives of the
following groups: the National Commission on Correctional
Health Care, the American Correctional Association, the
Joint Commission on the Accreditation of Health Care
Organizations, the American Association of Correctional
Psychology, the John Howard Association.
The Director of Corrections shall in appointing the task
force attempt to ensure that the membership on the task force
represents the geographic diversity of the State.
(b) The members of the task force shall serve without
compensation and may not receive reimbursement for any
expenses incurred in performing their duties as members of
the task force.
(c) The task force may, without limitation, (i)
determine what services and screening should be provided in
municipal pre-trial detention facilities and what training
and resources are necessary to provide those services and
(ii) recommend changes in the Department's standards for
municipal jails and lockups.
(d) Before the Department acts upon any recommendation
of the task force, the Department must hold a public hearing
to provide individuals with mental illnesses and their family
members, mental health advocacy organizations, and the public
to review, comment upon, and suggest any changes to the
proposed standards for municipal jails and lockups.
(e) The task force must submit its recommendations as to
any changes in the standards for municipal jails and lockups
to the General Assembly by January 15, 2002.
Section 99. Effective date. This Section and Section
3-15-4 of the Unified Code of Corrections take effect upon
becoming law.
Passed in the General Assembly May 31, 2001.
Approved August 22, 2001.
Effective August 22, 2001.
Effective January 01, 2002.
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