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| Public Act 096-1191 | ||||
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AN ACT concerning civil law.
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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 5. The Mental Health and Developmental | ||||
Disabilities Confidentiality Act is amended by changing | ||||
Section 12.2 as follows:
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(740 ILCS 110/12.2) (from Ch. 91 1/2, par. 812.2)
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Sec. 12.2.
(a) When a recipient who has been judicially or | ||||
involuntarily
admitted, or is a forensic recipient admitted to | ||||
a developmental disability
or mental health facility, as | ||||
defined in Section 1-107 or 1-114 of the
Mental Health and | ||||
Developmental Disabilities Code, is on an unauthorized
absence | ||||
or otherwise has left the facility without being discharged or
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being free to do so, the facility director shall immediately | ||||
furnish and
disclose to the appropriate local law enforcement | ||||
agency identifying
information, as defined in this Section, and | ||||
all further information
unrelated to the diagnosis, treatment | ||||
or evaluation of the recipient's
mental or physical health that | ||||
would aid the law enforcement agency in
locating and | ||||
apprehending the recipient and returning him to the facility. | ||||
When a forensic recipient is on an unauthorized absence or | ||||
otherwise has left the facility without being discharged or | ||||
being free to do so, the facility director, or designee, of a | ||||
mental health facility or developmental facility operated by | ||
the Department shall also immediately notify, in like manner, | ||
the Department of State Police.
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(b) If a law enforcement agency requests information from a
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developmental disability or mental health facility, as defined | ||
in Section
1-107 or 1-114 of the Mental Health and | ||
Developmental Disabilities Code,
relating to a recipient who | ||
has been admitted to the facility
and for whom a missing person | ||
report has been filed with a law enforcement
agency, the | ||
facility director shall, except in the case of a voluntary
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recipient wherein the recipient's permission in writing must | ||
first be
obtained, furnish and disclose to the law enforcement | ||
agency identifying
information as is necessary to confirm or | ||
deny whether that person is, or
has been since the missing | ||
person report was filed, a resident of that
facility. The | ||
facility director shall notify the law enforcement agency if
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the missing person is admitted after the request. Any person | ||
participating
in good faith in the disclosure of information in | ||
accordance with this
provision shall have immunity from any | ||
liability, civil, criminal, or
otherwise, if the information is | ||
disclosed relying upon the representation
of an officer of a | ||
law enforcement agency that a missing person report has
been | ||
filed.
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(c) Upon the request of a law enforcement agency in | ||
connection with the
investigation of a particular felony or sex | ||
offense, when the investigation
case file number is furnished | ||
by the law enforcement agency, a facility
director shall | ||
immediately disclose to that law enforcement agency
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identifying information on any forensic recipient who is | ||
admitted to
a developmental disability or mental health | ||
facility, as defined in Section
1-107 or 1-114 of the Mental | ||
Health and Developmental Disabilities Code,
who was or may have | ||
been away from the facility at or about the time of the
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commission of a particular felony or sex offense, and: (1) | ||
whose
description, clothing, or both reasonably match the | ||
physical description of
any person allegedly involved in that | ||
particular felony or sex offense; or
(2) whose past modus | ||
operandi matches the modus operandi of that particular
felony | ||
or sex offense.
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(d) For the purposes of this Section and Section 12.1, "law
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enforcement agency" means an agency of the State or unit of | ||
local
government that is vested by law or ordinance with the | ||
duty to maintain
public order and to enforce criminal laws or | ||
ordinances, the Federal
Bureau of Investigation, the Central | ||
Intelligence Agency, and the United
States Secret Service.
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(e) For the purpose of this Section, "identifying | ||
information" means
the name, address, age, and a physical | ||
description, including clothing,
of the recipient of services, | ||
the names and addresses of the
recipient's nearest known | ||
relatives, where the recipient was known to have been
during | ||
any past unauthorized absences from a facility, whether the
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recipient may be suicidal, and the condition of the recipient's | ||
physical
health as it relates to exposure to the weather. | ||
Except as provided in
Section 11, in no case shall the facility | ||
director disclose to the law
enforcement agency any information | ||
relating to the diagnosis, treatment, or
evaluation of the | ||
recipient's mental or physical health, unless the
disclosure is | ||
deemed necessary by the facility director to insure the
safety | ||
of the investigating officers or general public.
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(f) For the purpose of this Section, "forensic recipient" | ||
means a
recipient who is placed in a developmental disability | ||
facility or mental
health facility, as defined in Section 1-107 | ||
or 1-114 of the Mental Health
and Developmental Disabilities | ||
Code, pursuant to Article 104 of the Code of
Criminal Procedure | ||
or Sections 3-8-5, 3-10-5 or 5-2-4 of the Unified Code
of | ||
Corrections.
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(Source: P.A. 85-666; 85-971; 86-1417.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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