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Public Act 91-0559
HB1863 Enrolled LRB9105186RCdv
AN ACT concerning the Chester Mental Health Center.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing
Section 14 as follows:
(20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
Sec. 14. Chester Mental Health Center. To maintain and
operate a facility for the care, custody, and treatment of
persons with mental illness or habilitation of persons with
developmental disabilities hereinafter designated, to be
known as the Chester Mental Health Center.
Within the Chester Mental Health Center there shall be
confined the following classes of persons, whose history, in
the opinion of the Department, discloses dangerous or violent
tendencies and who, upon examination under the direction of
the Department, have been found a fit subject for confinement
in that facility:
(a) Any male person who is charged with the
commission of a crime but has been acquitted by reason of
insanity as provided in Section 5-2-4 of the Unified Code
of Corrections.
(b) Any male person who is charged with the
commission of a crime but has been found unfit under
Article 104 of the Code of Criminal Procedure of 1963.
(c) Any male person with mental illness or
developmental disabilities or person in need of mental
treatment now confined under the supervision of the
Department or hereafter admitted to any facility thereof
or committed thereto by any court of competent
jurisdiction.
If and when it shall appear to the facility director of
the Chester Mental Health Center that it is necessary to
confine persons in order to maintain security or provide for
the protection and safety of recipients and staff, the
Chester Mental Health Center may confine all persons on a
unit to their rooms. This period of confinement shall not
exceed 10 hours in a 24 hour period, including the
recipient's scheduled hours of sleep, unless approved by the
Secretary of the Department. During the period of
confinement, the persons confined shall be observed at least
every 15 minutes. A record shall be kept of the
observations. This confinement shall not be considered
seclusion as defined in the Mental Health and Developmental
Disabilities Code.
The facility director of the Chester Mental Health Center
may authorize the temporary use of handcuffs on a recipient
for a period not to exceed 10 minutes when necessary in the
course of transport of the recipient within the facility to
maintain custody or security. Use of handcuffs is subject to
the provisions of Section 2-108 of the Mental Health and
Developmental Disabilities Code. The facility shall keep a
monthly record listing each instance in which handcuffs are
used, circumstances indicating the need for use of handcuffs,
and time of application of handcuffs and time of release
therefrom. The facility director shall allow the Illinois
Guardianship and Advocacy Commission, the agency designated
by the Governor under Section 1 of the Protection and
Advocacy for Developmentally Disabled Persons Act, and the
Department to examine and copy such record upon request.
If and when it shall appear to the satisfaction of the
Department that any person confined in the Chester Mental
Health Center is not or has ceased to be such a source of
danger to the public as to require his subjection to the
regimen of the center, the Department is hereby authorized to
transfer such person to any State facility for treatment of
persons with mental illness or habilitation of persons with
developmental disabilities, as the nature of the individual
case may require.
Subject to the provisions of this Section, the
Department, except where otherwise provided by law, shall,
with respect to the management, conduct and control of the
Chester Mental Health Center and the discipline, custody and
treatment of the persons confined therein, have and exercise
the same rights and powers as are vested by law in the
Department with respect to any and all of the State
facilities for treatment of persons with mental illness or
habilitation of persons with developmental disabilities, and
the recipients thereof, and shall be subject to the same
duties as are imposed by law upon the Department with respect
to such facilities and the recipients thereof.
(Source: P.A. 88-380; 89-439, eff. 6-1-96; 89-507, eff.
7-1-97.)
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