91st General Assembly
Summary of HB1863
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House Sponsors:
REITZ-LANG-BOST.

Senate Sponsors:
LUECHTEFELD

Short description: 
CD CORR-MENTAL PATIENTS                                                    

Synopsis of Bill as introduced:
        Amends the Unified Code of Corrections.  Provides that a prisoner      
   in a Department  of  Corrections  maximum  security  facility  who  is      
   receiving mental health services may be handcuffed.                         
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          730 ILCS 5/3-7-7                                                     
          Adds reference to:                                                   
          20 ILCS 1705/14                 from Ch. 91 1/2, par. 100-14         
        Deletes the title  and  everything  after  the  enacting  clause.      
   Amends the Mental Health and Developmental Disabilities Administrative      
   Act.   Provides  that  if  it  appears to the facility director of the      
   Chester Mental Health Center that it is  necessary,  security  devices      
   may  be used on an individual in order to maintain custody or security      
   or to provide for the safety and protection of recipients  and  staff.      
   Provides that this use of security devices is not considered restraint      
   as defined in the Mental Health and Developmental Disabilities Code.        
          JUDICIAL NOTE, H-AM 1 (Administrative Office of Ill. Courts)         
          There would be no change in the number of judges needed.             
          CORRECTIONAL NOTE, H-AM 1 (Department of Corrections)                
          There would be no fiscal or population impact on DOC.                
          FISCAL NOTE, H-AM 1 (Department of Human Services)                   
          There is no added cost to the Department or facility.                
          FISCAL NOTE, H-AM 3 (Department of Human Services)                   
          Same as previous fiscal note.                                        
        HOUSE AMENDMENT NO. 3.                                                 
        Deletes amendatory text in House Amendment No. 1.  Provides  that      
   the  facility  director  of  the  Chester  Mental  Health  Center  may      
   authorize  the  temporary  use of handcuffs on an individual recipient      
   when necessary in the course of movement of the recipient  within  the      
   facility to maintain custody or security, or to provide for the safety      
   and  protection of other recipients and staff.  A record shall be kept      
   of each instance in which handcuffs are used.                               
        SENATE AMENDMENT NO. 1.                                                
        Provides that handcuffs may not be used  on  a  recipient  for  a      
   period exceeding 10 minutes and use must comply with the provisions of      
   the  Mental Health and Developmental Disabilities Code relating to the      
   use of restraints.  Provides that the facility director must allow the      
   Guardianship  and  Advocacy  Commission,  the  Department   of   Human      
   Services, or an agency designated by the Governor under the Protection      
   and  Advocacy  for Developmentally Disabled Persons Act to examine and      
   copy the record of the use of handcuffs on a recipient.                     
 
Last action on Bill: PUBLIC ACT.............................. 91-0559

   Last action date: 99-08-14

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   1


   END OF INQUIRY 



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