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| Public Act 102-0913
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| HB1592 Enrolled | LRB102 03635 KTG 13648 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Mental |
Health Inpatient Facility Access Act.
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Section 5. Findings. The General Assembly finds that: |
(1) In 1955, Illinois had more than 30,000 adult |
State-operated inpatient mental health beds. |
(2) In 2019, prior to the COVID-19 pandemic, Illinois |
had fewer than 1,200 adult State-operated inpatient mental |
health beds. |
(3) Due to the COVID-19 pandemic, there are now only |
approximately 1,100 State-operated inpatient mental health |
beds. |
(4) More than 500,000 people in Illinois have serious |
mental health conditions. |
(5) While most people with even the most serious |
mental health conditions can be successfully treated in |
the community or in private hospitals, many will need |
inpatient care from a State-operated inpatient mental |
health facility. |
(6) Given the small number of remaining beds in |
State-operated inpatient mental health facilities, it is |
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vital that adults who need a hospital-level of care are |
able to obtain services in such facilities. |
(7) Due to the lack of available inpatient mental |
health beds: |
(A) Many people in need of inpatient psychiatric |
care wait for days or weeks in emergency departments |
or non-psychiatric units of general hospitals where it |
is difficult to provide them with safe and effective |
mental health treatment. |
(B) Persons found unfit to stand trial or not |
guilty by reason of insanity and committed to the |
custody of the Department of Human Services often wait |
for weeks or months in county jails where it is |
difficult to provide them with safe and effective |
mental health treatment. |
(C) Adults with a continuing need for mental |
health services are discharged into the community |
before their mental health condition makes such a |
discharge safe and appropriate or before arrangements |
have been made for needed long-term community mental |
health services. |
(D) Adults who need inpatient care are often |
denied access to such care.
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Section 10. Strategic plan on improving access to |
inpatient psychiatric beds. The Department of Human Services' |
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Division of Mental Health shall develop a written, strategic |
plan that comprehensively addresses improving access to |
inpatient psychiatric beds in State-operated mental health |
facilities for individuals needing a hospital level of care. |
This plan shall address achieving the best use of |
State-operated psychiatric beds across Illinois, with |
strategies specifically to mitigate inefficient use of |
forensic beds and reduce lengths of stays for the forensic |
population. A comprehensive approach to this plan shall |
include training and education, ongoing assessment of |
individuals receiving inpatient services, reviewing and |
updating policies and procedures, and increasing |
community-based capacity for individuals in all State-operated |
forensic beds. The plan shall include: |
(1) Annual training. Required annual training for all |
State-operated inpatient mental health facility clinicians |
shall include: |
(A) Best practices for evaluating whether |
individuals found not guilty by reason of insanity or |
unfit to stand trial meet the legal criteria for |
inpatient treatment. |
(B) Best practices for determining appropriate |
treatment for individuals found not guilty by reason |
of insanity or unfit to stand trial. |
(C) The requirements of treatment plan reports. |
(D) The types of mental health services available |
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following discharge, including, but not limited to: |
assertive community treatment, community support |
teams, supportive housing, medication management, |
psychotherapy, peer support services, specialized |
mental health rehabilitation facilities, and nursing |
homes. |
(2) Regular and periodic assessment of mental health |
condition and progress. At least once every year following |
the admission of any individual under Section 5-2-4 of the |
Unified Code of Corrections or Section 104-17 of the Code |
of Criminal Procedure of 1963, the Director of the |
Division of Mental Health, or his or her designee, shall |
meet with the treatment team assigned to that individual |
to review whether: |
(A) The individual continues to meet the standard |
for inpatient care. |
(B) The individual may be appropriate for |
unsupervised on-grounds privileges, off-grounds |
privileges (with or without escort by personnel of the |
Department of Human Services), home visits, and |
participation in work programs. |
(C) The current treatment plan is reasonably |
expected to result in the improvement of the |
individual's clinical condition so that the individual |
no longer needs inpatient treatment, and, if not, what |
other treatments or placements are available to meet |
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the individual's needs and safety. |
(3) Updated policies and procedures. |
(A) Revise facility policies and procedures to |
increase opportunities for home visits and work |
programs that assist with community reintegration. |
This shall include a review of unsupervised on-grounds |
privileges, off-grounds privileges (with or without |
escort by personnel of the Department of Human |
Services), home visits, and participation in work or |
educational programs to ensure that policies do not |
limit the ability to approve these activities. The |
plan shall also address the frequency for which |
individuals are assessed to be eligible for these |
activities. |
(B) Ensure all individuals found unfit to stand |
trial or not guilty by reason of insanity, who can be |
treated on an outpatient basis are recommended for |
outpatient services. |
(C) Develop benchmarks to ensure that: |
(i) every individual found unfit to stand |
trial or not guilty by reason of insanity who has |
been committed by a court to the Department for |
treatment shall be admitted to a Department |
facility within the time periods set forth in
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subsection (b) of Section 104-17 of the Code of
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Criminal Procedure of 1963 and subsection (a) of
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Section 5-2-4 of Unified Code of Corrections; and |
(ii) no individual who needs inpatient |
psychiatric care remains in an emergency |
department of any hospital or in any other |
non-psychiatric unit longer than 48 hours. |
(4) Building community treatment capacity. |
(A) Specific steps to increase access to |
community-based mental health services that provide |
(i) outpatient alternatives to those being assessed |
for inpatient stays at State-operated inpatient mental |
health facilities and (ii) step-down services for |
those no longer meeting inpatient stay criteria, |
specifically the population of individuals found not |
guilty by reason of insanity. Such steps must |
specifically identify community-based treatment |
alternatives and how these services will be funded. |
(B) Specific steps to ensure each State-operated |
inpatient mental health facility has sufficient |
qualified psychiatrists, psychologists, social |
workers, peer support professionals, and other staff |
so that the Department may provide adequate and humane |
care and services for all patients. That plan shall |
include: |
(i) an assessment of whether the salary and |
other benefits provided to professional staff are |
sufficient to attract and retain staff; |
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(ii) an assessment of the annual budget needed |
to attract and retain staff; |
(iii) an assessment of any other impediments |
to attracting and retaining staff, and a |
mitigation plan for those impediments; and |
(iv) a detailed plan for recruiting |
psychiatrists, psychologists, social workers, peer |
support professionals, and other mental health |
staff. |
(5) Certification of mental health clinicians. The |
Division of Mental Health shall outline in the strategic
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plan a plan for training, implementing standard
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qualifications, and credentialing all psychiatrists, |
clinical social workers, clinical psychologists, and |
qualified examiners who conduct any evaluations, as |
employees, agents, or vendors of the Division concerning: |
(A) findings of unfitness to stand trial and all |
other evaluations of individuals receiving treatment |
in accordance with Section 104-10 of the Code of |
Criminal Procedure of 1963: |
(B) individuals receiving treatment in accordance |
with Section 5-2-4 of the Unified Code of Corrections; |
(C) whether individuals are subject to involuntary |
admission on an inpatient or outpatient basis in |
accordance with the Mental Health and Developmental |
Disabilities Code; and |
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(D) whether individuals are subject to |
court-ordered treatment in accordance with Section |
2-107.1 of the Mental Health and Developmental |
Disabilities Code. |
Such evaluations shall include any treatment reports |
required under the Code of Criminal Procedure of 1963 or |
the Mental Health and Developmental Disabilities Code. |
(6) There shall be stakeholder input during the |
planning process from the Division of Mental Health's |
forensic workgroup.
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Section 15. Implementation. The strategic plan developed |
by the Division of Mental Health shall be finalized and made |
publicly available one year after the effective date of this |
Act. The plan shall include: |
(1) Benchmarks and timelines for implementing each |
provision of the plan. |
(2) Strategy for obtaining resources needed to |
implement each provision of the plan. |
(3) Ongoing stakeholder engagement during the |
implementation of the plan through the Division of Mental |
Health's forensic workgroup.
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Section 20. Prohibition on reduction of State-operated |
psychiatric inpatient beds. The Department shall make no |
further reductions in State-operated inpatient mental health |
