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| Public Act 100-0012 | ||||
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AN ACT concerning mental health.
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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 1. Short title. This Act may be cited as the | ||||
Out-of-State Person Subject to Involuntary Admission on an | ||||
Inpatient Basis Mental Health Treatment Act. | ||||
Section 5. Definitions. As used in this Act: | ||||
"Department" means the Department of Human Services. | ||||
"Eastern Iowa Mental Health Region" means the Iowa counties | ||||
of Cedar, Clinton, Jackson, Muscatine, and Scott. | ||||
"Person subject to involuntary admission on an inpatient | ||||
basis", "mental health facility", and "recipient" have the | ||||
meanings ascribed to them in the Mental Health and | ||||
Developmental Disabilities Code. | ||||
"Pilot project area" means the Eastern Iowa Mental Health | ||||
Region and Rock Island County, Illinois. | ||||
"Receiving agency" means a mental health facility located | ||||
in Rock Island, Illinois which accepts and provides treatment | ||||
to a person from the sending state. | ||||
"Receiving state" means Illinois. | ||||
"Sending state" means Iowa. | ||||
Section 10. Pilot project reciprocal agreement. On or | ||||
before January 1, 2018, there is created a 2-year mental health | ||
pilot project for which the receiving agency may accept the | ||
admission of an Iowa resident from the Eastern Iowa Mental | ||
Health Region who is a person subject to involuntary admission | ||
on an inpatient basis under an order issued by an Iowa court | ||
for treatment at a receiving agency in this State for which the | ||
Iowa court shall have jurisdiction over the recipient while | ||
committed to a receiving agency in this State as provided under | ||
Section 331.910 of the Iowa Code. The pilot project shall also | ||
provide that a resident of Rock Island County, Illinois who is | ||
a person subject to involuntary admission on an inpatient basis | ||
under an order issued by a court of this State for treatment at | ||
a receiving agency in this State may receive inpatient | ||
treatment in the sending state. The sending state or receiving | ||
agency shall provide mental health services to the recipient | ||
for the duration of the court order and shall return the | ||
recipient to his or her state of legal residence upon | ||
discharge. If a recipient has to enter a State-operated | ||
facility, the recipient must be returned to his or her state of | ||
legal residence. | ||
Section 15. Reciprocal agreement. For the purpose of the | ||
pilot project, the reciprocal agreement is limited to court | ||
orders issued by the courts in the Eastern Iowa Mental Health | ||
Region and in Rock Island County, Illinois. Court orders valid | ||
under the law of the sending state are granted recognition and | ||
reciprocity in the receiving state's respective pilot project | ||
area to the extent that the court orders relate to commitment | ||
for inpatient treatment of a mental illness. The court orders | ||
are not subject to legal challenge in the courts of the | ||
receiving state. Persons who are detained, committed or placed | ||
under the law of a sending state and who are transferred to a | ||
receiving state under this Section continue to be in the legal | ||
custody of the authority responsible for them under the law of | ||
the sending state. Except in emergencies, those persons may not | ||
be transferred, removed, or furloughed from a facility of the | ||
receiving agency without the specific approval of the authority | ||
responsible for them under the law of the sending state. The | ||
receiving facility, whether public or private, must agree to | ||
the transfer from the sending state before a transfer takes | ||
place. Specifically excluded from this pilot project are those | ||
persons who are involved in criminal proceedings. | ||
Section 20. Applicable law. While in the receiving state, a | ||
person shall be subject to all of the provisions of law, rules, | ||
and regulations applicable to persons detained, committed, or | ||
placed under the corresponding laws of the receiving state, | ||
except those laws, rules, and regulations of the receiving | ||
state relating to length of commitment, reexaminations, and | ||
extensions of commitment or recommitment and except as | ||
otherwise provided by this Act. Specifically, the laws of the | ||
receiving state on emergency use of psychotropic medication and | ||
the procedures for involuntary forced psychotropic medications | ||
shall apply to the person while in the receiving state. The | ||
laws, rules, and regulations of the sending state relating to | ||
length of commitment, reexaminations, and extensions of | ||
commitment or recommitment shall apply. | ||
Section 25. Records. Treatment records shall be managed in | ||
accordance with the laws of the receiving state. | ||
Section 30. Receiving agency responsibility.
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(a) The receiving agency shall secure a re-examination for | ||
a person and arrange any extension or recommitment of a | ||
person's period of commitment. The receiving agency shall | ||
arrange transportation of persons from the receiving facility. | ||
(b) If a person receiving services under a contract under | ||
this Act escapes from the receiving agency and the person at | ||
the time of the escape is subject to involuntary admission | ||
under the law of the sending state, the receiving agency shall | ||
use all reasonable means to recapture the escapee. The | ||
receiving agency shall immediately report the escape to the | ||
sending state. The receiving state has the primary | ||
responsibility for, and may direct, the pursuit, retaking, and | ||
prosecution of escaped persons within its jurisdiction. | ||
(c) The receiving agency shall seek reimbursement from | ||
public or private insurance or from the county of residence or | ||
the sending state.
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Section 35. Residence not established. No person | ||
establishes legal residence in the state where the receiving | ||
agency is located while the person is receiving services under | ||
this Act. | ||
Section 40. Report to the Department. The receiving agency | ||
shall submit to the Department demographic information on the | ||
number of persons served in this pilot project, lengths of | ||
stay, cost data, and any specific problems or concerns that | ||
were raised during their stay. The agency shall also provide | ||
information about the number of Illinois residents who were | ||
served during the same period and whether any Illinois | ||
residents were denied services due to this pilot project. The | ||
receiving agency shall also notify other providers, hospitals, | ||
courts, law enforcement organizations, and advocacy | ||
organizations in the pilot project area on or before July 1, | ||
2019 of the report to the Department on the pilot project and | ||
ask them to supply any comments to the Department. The | ||
receiving agency shall provide the information on or before | ||
August 1, 2019. | ||
Section 45. Repeal. This Act is repealed on January 1, | ||
2020.
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Section 99. Effective date. This Act takes effect July 1, | ||
2017. | ||