| ||||
| Public Act 097-1007 | ||||
| ||||
| ||||
AN ACT concerning civil law.
| ||||
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 Section 2-103 as | ||||
follows:
| ||||
(405 ILCS 5/2-103) (from Ch. 91 1/2, par. 2-103)
| ||||
Sec. 2-103.
Except as provided in this Section, a recipient | ||||
who resides
in a mental health or developmental disabilities | ||||
facility shall be
permitted unimpeded, private, and uncensored | ||||
communication with persons of
his choice by mail, telephone and | ||||
visitation.
| ||||
(a) The facility director shall ensure that correspondence | ||||
can be
conveniently received and mailed, that telephones are | ||||
reasonably
accessible, and that space for visits is available. | ||||
Writing materials,
postage and telephone usage funds shall be | ||||
provided in reasonable amounts
to recipients who reside in | ||||
Department facilities and who are unable to
procure such items.
| ||||
(b) Reasonable times and places for the use of telephones | ||||
and for visits
may be established in writing by the facility | ||||
director.
| ||||
(c) Unimpeded, private and uncensored communication by | ||||
mail, telephone,
and visitation may be reasonably restricted by | ||||
the facility director only
in order to protect the recipient or | ||
others from harm, harassment or
intimidation, provided that | ||
notice of such restriction shall be given to
all recipients | ||
upon admission. When communications are restricted, the
| ||
facility shall advise the recipient that he has the right to | ||
require the
facility to notify the affected parties of the | ||
restriction, and to notify
such affected party when the | ||
restrictions are no longer in effect.
However, all letters | ||
addressed by a recipient to the Governor, members of
the | ||
General Assembly, Attorney General, judges, state's attorneys,
| ||
Guardianship and Advocacy Commission, or the Agency designated | ||
pursuant to
"An Act in relation to the protection and advocacy | ||
of the rights of persons
with developmental disabilities, and | ||
amending Acts therein named", approved
September 20, 1985, | ||
officers of the Department, or licensed attorneys at
law must | ||
be forwarded at once to the persons to whom they are addressed
| ||
without examination by the facility authorities. Letters in | ||
reply from the
officials and attorneys mentioned above must be | ||
delivered to the recipient
without examination by the facility | ||
authorities.
| ||
(d) No facility shall prevent any attorney who represents a | ||
recipient
or who has been requested to do so by any relative or | ||
family member of the
recipient, from visiting a recipient | ||
during normal business hours, unless
that recipient refuses to | ||
meet with the attorney.
| ||
(e) Whenever, as the result of the closing or the reduction | ||
in the number of units or available beds of any mental health | ||
facility operated by the Department of Human Services, the | ||
State determines to enter into a contract with any mental | ||
health facility to provide hospitalization to persons who would | ||
otherwise be served by the State-operated mental health | ||
facility, the resident shall be entitled to the same rights | ||
under this Section. | ||
(Source: P.A. 86-1417.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||