Public Act 093-0770
 		





HB0722 Enrolled
LRB093 05824 DRH 05917 b






    AN ACT in relation to mental health. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 5. The Mental Health and Developmental 
Disabilities Code is amended  by changing Sections 3-605 and 
3-819 as follows:
 



    (405 ILCS 5/3-605)  (from Ch. 91 1/2, par. 3-605)



    Sec. 3-605. (a) In counties with a population of 3,000,000 
or more, upon receipt of a petition and certificate prepared

pursuant to this Article, the county sheriff of the county in 
which a
respondent is found shall take a respondent into

custody and transport him to a mental health facility, or may 
make
arrangements
with another public or private entity 
including a licensed ambulance service to
transport the 
respondent to the mental health facility.
In the event it
is 
determined by such facility that the respondent is in need of 
commitment
or treatment at another mental health facility, the 
county sheriff
shall transport the respondent to the 
appropriate mental health facility,
or the county sheriff may 
make arrangements with another public or private
entity 
including a licensed
ambulance service to transport the 
respondent to the mental health facility.

    (b) The county
sheriff
may delegate his duties under 
subsection (a)
hereunder to another law enforcement body within

that county if that law enforcement body agrees.

    (b-5) In counties with a population under 3,000,000, upon   
receipt  of  a  petition  and certificate prepared pursuant to  this  
Article,  the   Department  shall make arrangements   to 
appropriately transport the respondent to a  mental  health 
facility. In the event it is determined by the facility that 
the  respondent  is  in  need  of  commitment or treatment at another 
mental health facility, the Department shall make arrangements  
to  appropriately transport the respondent to another mental 
health facility. The making of such arrangements and agreements 
with public or private entities is independent of the 
Department's role as a provider of mental health services and 
does not indicate that the respondent is admitted to any 
Department facility.  In making such arrangements and 
agreements with other public or private entities, the 
Department shall include provisions to ensure  (i) the provision 
of trained personnel and  the  use  of an appropriate vehicle for 
the safe transport of the respondent and (ii) that the 
respondent's  insurance carrier as well as other programs, both 
public and private, that provide payment for such 
transportation services are fully utilized to the maximum 
extent possible.
    The Department may not  make  arrangements  with  an existing   
hospital   or   grant-in-aid   or  fee-for-service community provider 
for  transportation  services  under  this  Section  unless  the  
hospital  or  provider  has voluntarily submitted a proposal for 
its  transportation  services.   This requirement does not 
eliminate or reduce  any responsibility on the part of a 
hospital or community provider to ensure transportation that 
may arise independently through other State or federal law or 
regulation.

    (c) The transporting authority acting in good faith and 
without negligence
in connection with the transportation of 
respondents shall incur no liability,
civil or criminal, by 
reason of such transportation.

    (d) The respondent
and the estate of that respondent are 
liable for the payment
of transportation costs for transporting 
the respondent to a mental health
facility.  If the respondent

is a beneficiary of a trust described in Section 15.1 of the 
Trusts and
Trustees Act, the trust shall not be considered a 
part of the respondent's
estate and shall not be subject to 
payment for transportation costs for
transporting the 
respondent to a mental health facility
under this Section 
except to the extent permitted under Section 15.1 of the
Trusts 
and Trustees Act. If the respondent is unable to pay or if the 
estate
of the respondent is insufficient, the responsible 
relatives are severally
liable for the payment of those sums or 
for the balance due in case less
than the amount owing has been 
paid.
If the respondent is covered by insurance, the insurance 
carrier shall be
liable for payment to the extent authorized by 
the respondent's insurance
policy.

(Source: P.A. 87-1158.)

 



    (405 ILCS 5/3-819)  (from Ch. 91 1/2, par. 3-819)



    Sec. 3-819. (a) In counties with a population of 3,000,000 
or more, when a recipient is hospitalized upon court order, the 
order
may authorize a relative or friend of the recipient to 
transport the recipient
to the facility if such person is able 
to do so safely and humanely.  When
the Department indicates 
that it has transportation to the facility available,
the order 
may authorize the Department to transport the recipient there.

The court may order the sheriff of the county in which such 
proceedings
are held to transport the recipient to the 
facility. When a recipient is
hospitalized upon court order, 
and the recipient has been transported to a
mental health 
facility, other than a state-operated mental health facility, 
and
it is determined by the facility that the recipient is in 
need of commitment or
treatment at another mental health 
facility, the court shall determine whether
a relative or 
friend of the recipient or the Department is authorized to

transport the recipient between facilities, or whether the 
county sheriff
is responsible for transporting the recipient 
between facilities.  The sheriff
may make arrangements with 
another public or private entity including a
licensed ambulance 
service to transport the recipient to the facility.  The

transporting entity acting in good faith and without negligence 
in connection
with the transportation of recipients shall incur 
no liability, civil or
criminal, by reason of such 
transportation.

    (a-5) In counties with a population under 3,000,000, when a 
recipient  is  hospitalized  upon court  order, the order may 
authorize a relative or friend of the recipient to transport 
the recipient to the  facility  if the  person  is able to do so 
safely and humanely.  The  court  may  order  the Department  to 
transport the recipient to the facility.  When  a recipient is 
hospitalized upon court order, and the recipient has  been 
transported to a mental health facility other than a 
State-operated mental health facility, and it is determined by 
the facility that the recipient is in need  of  commitment or  
treatment  at  another  mental health facility, the court shall 
determine whether a relative or friend of the recipient is 
authorized to  transport  the  recipient between  facilities, or 
whether the Department  is  responsible  for  transporting  the   
recipient   between facilities.   If the court determines that the 
Department is responsible for the transportation, the   
Department   shall    make arrangements  either  directly  or  through  
agreements  with another  public  or  private  entity,  including   a  
licensed ambulance service, to appropriately transport the 
recipient to the facility.  The making of such arrangements and 
agreements with public or private entities is independent of 
the Department's role as a provider of mental health services 
and does not indicate that the recipient is admitted to any 
Department facility.   In making such arrangements and 
agreements with other public or private entities, the 
Department shall include provisions to ensure (i) the provision 
of trained personnel and  the  use  of an appropriate vehicle for 
the safe transport of the recipient and (ii) that the 
recipient's  insurance carrier as well as other programs, both 
public and private, that provide payment for such 
transportation services are fully utilized to the maximum 
extent possible.
    The Department may not  make  arrangements  with  an existing   
hospital   or   grant-in-aid   or  fee-for-service community provider 
for  transportation  services  under  this  Section  unless  the  
hospital  or  provider  has voluntarily submitted a proposal for 
its  transportation  services.   This requirement does not 
eliminate or reduce  any responsibility on the part of a 
hospital or community provider to ensure transportation that 
may arise independently through other State or federal law or 
regulation.
    A transporting entity acting in good faith and without 
negligence in connection with the transportation of a recipient 
incurs no liability, civil or criminal, by reason of that 
transportation.

    (b) The court may authorize the transporting entity may
to

bill the recipient,
the estate of the recipient, legally 
responsible relatives, or insurance
carrier for the cost of 
providing transportation of the recipient to a mental
health 
facility.  The recipient and the estate of the recipient are 
liable
for the payment of transportation costs for transporting 
the recipient to a
mental health facility.  If the recipient is 
a beneficiary of a trust
described in Section 15.1 of the 
Trusts and Trustees Act, the trust shall
not be considered a 
part of the recipient's estate and shall not be subject
to 
payment for transportation costs for transporting the 
recipient to a
mental health facility under this section, 
except to the extent permitted
under Section 15.1 of the Trusts 
and Trustees Act.  If the recipient is
unable to pay or if the 
estate of the recipient is insufficient, the
responsible 
relatives are severally liable for the payment of those sums or

for the balance due in case less than the amount owing has been 
paid.  If
the recipient is covered by insurance, the insurance 
carrier shall be
liable for payment to the extent authorized by 
the recipient's insurance
policy.

    (c) Upon the delivery of a recipient to a facility, in 
accordance with the
procedure set forth in this Article, the 
facility director of the facility
shall sign a receipt 
acknowledging custody of the recipient and for any
personal 
property belonging to him, which receipt shall be filed with 
the clerk
of the court entering the hospitalization order.

(Source: P.A. 87-1158; 88-380.)

 
    Section 99. Effective date. This Act takes effect January 
1, 2005.