|
Public Act 103-0645
|
| SB3648 Enrolled | LRB103 37490 AWJ 67613 b |
|
|
AN ACT concerning government.
|
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
|
Section 5. The Community Emergency Services and Support |
Act is amended by changing Sections 30, 45, 50, and 65 as |
follows:
|
(50 ILCS 754/30) |
Sec. 30. State prohibitions. 9-1-1 PSAPs, emergency |
services dispatched through 9-1-1 PSAPs, and the mobile mental |
and behavioral health service established by the Division of |
Mental Health must coordinate their services so that, based on |
the information provided to them, the following State |
prohibitions are avoided: |
(a) Law enforcement responsibility for providing mental |
and behavioral health care. In any area where mobile mental |
health relief providers are available for dispatch, law |
enforcement shall not be dispatched to respond to an |
individual requiring mental or behavioral health care unless |
that individual is (i) involved in a suspected violation of |
the criminal laws of this State, or (ii) presents a threat of |
physical injury to self or others. Mobile mental health relief |
providers are not considered available for dispatch under this |
Section if 9-8-8 reports that it cannot dispatch appropriate |
|
service within the maximum response times established by each |
Regional Advisory Committee under Section 45. |
(1) Standing on its own or in combination with each |
other, the fact that an individual is experiencing a |
mental or behavioral health emergency, or has a mental |
health, behavioral health, or other diagnosis, is not |
sufficient to justify an assessment that the individual is |
a threat of physical injury to self or others, or requires |
a law enforcement response to a request for emergency |
response or medical transportation. |
(2) If, based on its assessment of the threat to |
public safety, law enforcement would not accompany medical |
transportation responding to a physical health emergency, |
unless requested by mobile mental health relief providers, |
law enforcement may not accompany emergency response or |
medical transportation personnel responding to a mental or |
behavioral health emergency that presents an equivalent |
level of threat to self or public safety. |
(3) Without regard to an assessment of threat to self |
or threat to public safety, law enforcement may station |
personnel so that they can rapidly respond to requests for |
assistance from mobile mental health relief providers if |
law enforcement does not interfere with the provision of |
emergency response or transportation services. To the |
extent practical, not interfering with services includes |
remaining sufficiently distant from or out of sight of the |
|
individual receiving care so that law enforcement presence |
is unlikely to escalate the emergency. |
(b) Mobile mental health relief provider involvement in |
involuntary commitment. In order to maintain the appropriate |
care relationship, mobile mental health relief providers shall |
not in any way assist in the involuntary commitment of an |
individual beyond (i) reporting to their dispatching entity or |
to law enforcement that they believe the situation requires |
assistance the mobile mental health relief providers are not |
permitted to provide under this Section; (ii) providing |
witness statements; and (iii) fulfilling reporting |
requirements the mobile mental health relief providers may |
have under their professional ethical obligations or laws of |
this State. This prohibition shall not interfere with any |
mobile mental health relief provider's ability to provide |
physical or mental health care. |
(c) Use of law enforcement for transportation. In any area |
where mobile mental health relief providers are available for |
dispatch, unless requested by mobile mental health relief |
providers, law enforcement shall not be used to provide |
transportation to access mental or behavioral health care, or |
travel between mental or behavioral health care providers, |
except where no alternative is available. |
(d) Reduction of educational institution obligations. The |
services coordinated under this Act may not be used to replace |
any service an educational institution is required to provide |
|
to a student. It shall not substitute for appropriate special |
education and related services that schools are required to |
provide by any law. |
(e) This Section is Subsections (a), (c), and (d) are |
operative beginning on the date the 3 conditions in Section 65 |
are met or July 1, 2025 2024, whichever is earlier. Subsection |
(b) is operative beginning on July 1, 2024. |
(Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
|
(50 ILCS 754/45) |
Sec. 45. Regional Advisory Committees. |
(a) The Division of Mental Health shall establish Regional |
Advisory Committees in each EMS Region to advise on regional |
issues related to emergency response systems for mental and |
behavioral health. The Secretary of Human Services shall |
appoint the members of the Regional Advisory Committees. Each |
Regional Advisory Committee shall consist of: |
(1) representatives of the 9-1-1 PSAPs in the region; |
(2) representatives of the EMS Medical Directors |
Committee, as constituted under the Emergency Medical |
Services (EMS) Systems Act, or other similar committee |
serving the medical needs of the jurisdiction; |
(3) representatives of law enforcement officials with |
jurisdiction in the Emergency Medical Services (EMS) |
Regions; |
(4) representatives of both the EMS providers and the |
|
unions representing EMS or emergency mental and behavioral |
health responders, or both; and |
(5) advocates from the mental health, behavioral |
health, intellectual disability, and developmental |
disability communities. |
If no person is willing or available to fill a member's |
seat for one of the required areas of representation on a |
Regional Advisory Committee under paragraphs (1) through (5), |
the Secretary of Human Services shall adopt procedures to |
ensure that a missing area of representation is filled once a |
person becomes willing and available to fill that seat. |
(b) The majority of advocates on the Regional Advisory |
Committee must either be individuals with a lived experience |
of a condition commonly regarded as a mental health or |
behavioral health disability, developmental disability, or |
intellectual disability or be from organizations primarily |
composed of such individuals. The members of the Committee |
shall also reflect the racial demographics of the jurisdiction |
served. To achieve the requirements of this subsection, the |
Division of Mental Health must establish a clear plan and |
regular course of action to engage, recruit, and sustain areas |
of established participation. The plan and actions taken must |
be shared with the general public. |
(c) Subject to the oversight of the Department of Human |
Services Division of Mental Health, the EMS Medical Directors |
Committee or a chair appointed in agreement of the Division of |
|
Mental Health and the EMS Medical Directors Committee is |
responsible for convening the meetings of the committee. |
Qualifications for appointment as chair under this subsection |
include a demonstrated understanding of the tasks of the |
Regional Advisory Committee as well as standing within the |
region as a leader capable of building consensus for the |
purpose of achieving the tasks assigned to the committee. |
Impacted units of local government may also have |
representatives on the committee subject to approval by the |
Division of Mental Health, if this participation is structured |
in such a way that it does not give undue weight to any of the |
groups represented. |
(Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
|
(50 ILCS 754/50) |
Sec. 50. Regional Advisory Committee responsibilities. |
Each Regional Advisory Committee and subregional committee |
established by the Regional Advisory Committee are is |
responsible for designing the local protocols protocol to |
allow its region's or subregion's 9-1-1 call centers center |
and emergency responders to coordinate their activities with |
9-8-8 as required by this Act and monitoring current operation |
to advise on ongoing adjustments to the local protocols. A |
subregional committee, which may be convened by a majority |
vote of a Regional Advisory Committee, must include members |
that are representative of all required categories of the full |
|
Regional Advisory Committee and must provide guidance to the |
Regional Advisory Committees on adjustments that need to be |
made for local level operationalization of protocols protocol. |
Included in this responsibility, each Regional Advisory |
Committee or subregional committee must: |
(1) negotiate the appropriate amendment of each 9-1-1 |
PSAP emergency dispatch protocols, in consultation with |
each 9-1-1 PSAP in the EMS Region and consistent with |
national certification requirements; |
(2) set maximum response times for 9-8-8 to provide |
service when an in-person response is required, based on |
type of mental or behavioral health emergency, which, if |
exceeded, constitute grounds for sending other emergency |
responders through the 9-1-1 system; |
(3) report, geographically by police district if |
practical, the data collected through the direction |
provided by the Statewide Advisory Committee in |
aggregated, non-individualized monthly reports. These |
reports shall be available to the Regional Advisory |
Committee members, subregional committee members, the |
Department of Human Service Division of Mental Health, the |
Administrator of the 9-1-1 Authority, and to the public |
upon request; |
(4) convene, after the initial regional policies are |
established, at least every 2 years to consider amendment |
of the regional policies, if any, and also convene |
|
whenever a member of the Committee requests that the |
Committee or subregional committee consider an amendment; |
and |
(5) identify regional resources and supports for use |
by the mobile mental health relief providers as they |
respond to the requests for services. |
(Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
|
(50 ILCS 754/65) |
Sec. 65. PSAP and emergency service dispatched through a |
9-1-1 PSAP; coordination of activities with mobile and |
behavioral health services. Each 9-1-1 PSAP and emergency |
service dispatched through a 9-1-1 PSAP must begin |
coordinating its activities with the mobile mental and |
behavioral health services established by the Division of |
Mental Health once all 3 of the following conditions are met, |
but not later than July 1, 2025 2024: |
(1) the Statewide Committee has negotiated useful |
protocol and 9-1-1 operator script adjustments with the |
contracted services providing these tools to 9-1-1 PSAPs |
operating in Illinois; |
(2) the appropriate Regional Advisory Committee has |
completed design of the specific 9-1-1 PSAP's process for |
coordinating activities with the mobile mental and |
behavioral health service; and |
(3) the mobile mental and behavioral health service is |