Bill Text: IL HB0100 | 2013-2014 | 98th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the facility director of the Chester Mental Health Center may authorize the temporary use of transport devices on a civil recipient when necessary in the course of transport of the civil recipient outside the facility to maintain custody or security. Provides that the use of transport devices shall be reviewed and approved by a physician based upon a determination of the civil recipient's current functioning level, prior experience during similar transports, length, duration and purpose of trip, risk of unauthorized absence and risk of violence. Provides that staff transporting the individual shall be trained in the use of the transport devices and shall observe and monitor the individual while being transported. Provides that the facility shall keep a monthly record listing each instance in which transport devices are used, circumstances indicating the need for use of transport devices, and time of application of transport devices and time of release from those devices. Provides that the facility director shall allow the Illinois Guardianship and Advocacy Commission, the agency designated by the Governor under the Protection and Advocacy for Developmentally Disabled Persons Act, and the Department of Human Services to examine and copy the record upon request. Provides that this use of transport devices shall not be considered restraint as defined in the Mental Health and Developmental Disabilities Code. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0356 [HB0100 Detail]

Download: Illinois-2013-HB0100-Enrolled.html

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AN ACT concerning State government.
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

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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

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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.
The facility director of the Chester Mental Health Center
may authorize the temporary use of transport devices on a civil
recipient when necessary in the course of transport of the
civil recipient outside the facility to maintain custody or
security. The decision whether to use any transport devices
shall be reviewed and approved on an individualized basis by a
physician based upon a determination of the civil recipient's:
(1) history of violence, (2) history of violence during
transports, (3) history of escapes and escape attempts, (4)
history of trauma, (5) history of incidents of restraint or
seclusion and use of involuntary medication, (6) current
functioning level and medical status, (7) prior experience
during similar transports, and (8) the length, duration, and
purpose of the transport. The least restrictive transport
device consistent with the individual's need shall be used.
Staff transporting the individual shall be trained in the use
of the transport devices, recognizing and responding to a

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person in distress, and shall observe and monitor the
individual while being transported. The facility shall keep a
monthly record listing all transports, including those
transports for which use of transport devices were not sought,
those for which use of transport devices were sought but
denied, and each instance in which transport devices are used,
circumstances indicating the need for use of transport devices,
time of application of transport devices, time of release from
those devices, and any adverse events. 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 the record upon
request. This use of transport devices shall not be considered
restraint as defined in the Mental Health and Developmental
Disabilities Code. For the purpose of this Section "transport
device" means ankle cuffs, handcuffs, waist chains or
wrist-waist devices designed to restrict an individual's range
of motion while being transported. These devices must be
approved by the Division of Mental Health, used in accordance
with the manufacturer's instructions, and used only by
qualified staff members who have completed all training
required to be eligible to transport patients and all other
required training relating to the safe use and application of
transport devices, including recognizing and responding to
signs of distress in an individual whose movement is being

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restricted by a transport device.
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. 91-559, eff. 1-1-00.)