Public Act 103-0645
 
SB3648 EnrolledLRB103 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 
    available in their jurisdiction.
(Source: P.A. 102-580, eff. 1-1-22; 102-1109, eff. 12-21-22; 
103-105, eff. 6-27-23.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.