Bill Text: IL HB1731 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Mental Health and Developmental Disabilities Code. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1731 Detail]

Download: Illinois-2013-HB1731-Amended.html

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Rep. Charles E Meier

Filed: 4/8/2013

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AMENDMENT TO HOUSE BILL 1731
AMENDMENT NO. ______. Amend House Bill 1731 by replacing
everything after the enacting clause with the following:
"Section 5. The Community Services Act is amended by
changing Section 4.6 as follows:
(405 ILCS 30/4.6)
Sec. 4.6. Closure and sale of State mental health or
developmental disabilities facility.
(a) Whenever a State mental health facility operated by the
Department of Human Services is closed and the real estate on
which the facility is located is sold by the State, then, to
the extent that net proceeds are realized from the sale of that
real estate, those net proceeds must be directed toward
providing other services and supports for persons with mental
health needs. To that end, those net proceeds shall be
deposited into the Community Mental Health Medicaid Trust Fund.

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(b) Whenever a State developmental disabilities facility
operated by the Department of Human Services is closed and the
real estate on which the facility is located is sold by the
State, then, to the extent that net proceeds are realized from
the sale of that real estate, those net proceeds must be
directed toward providing other services and supports for
persons with developmental disabilities needs. To that end,
those net proceeds shall be deposited into the Community
Developmental Disability Services Medicaid Trust Fund.
(c) In determining whether any net proceeds are realized
from a sale of real estate described in subsection (a) or (b),
the Division of Developmental Disabilities and the Division of
Mental Health of the Department of Human Services shall each
determine the money, if any, that shall be made available to
ensure that life, safety, and care concerns, including
infrastructure, are addressed so as to provide for persons with
developmental disabilities or mental illness at the remaining
respective State-operated facilities that will be expected to
serve the individuals previously served at the closed facility.
(d) The purposes for which the net proceeds from a sale of
real estate as provided in this Section may be used include,
but are not limited to, the following:
(1) Providing for individuals with developmental
disabilities and mental health needs the services and
supports described in subsection (e) of Section 4.4.
(2) In the case of the closure of a mental health

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facility, the construction of a new facility to serve the
needs of persons with mental health needs.
(3) In the case of the closure of a developmental
disabilities facility, construction of a new facility to
serve the needs of persons with developmental disabilities
needs.
(e) Whenever any net proceeds are realized from a sale of
real estate as provided in this Section, the Department of
Human Services shall share and discuss its plan or plans for
using those net proceeds with advocates, advocacy
organizations, and advisory groups whose mission includes
advocacy for persons with developmental disabilities or
persons with mental illness.
(f) The Department of Human Services shall for a 6-month
period from the effective date of this amendatory Act of the
98th General Assembly observe and track the progress of former
residents of the Jacksonville Developmental Center who were
removed from that facility after January 1, 2012. After the
6-month observation and tracking period, the Department of
Human Services shall submit a report to the General Assembly
that describes:
(1) the new venues of care for the former residents of
the Jacksonville Developmental Center;
(2) costs to the Department of Human Services as a
result of the closure of the Jacksonville Developmental
Center;

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(3) cost savings or increases to the Department of
Human Services due to the new venues of care for the former
residents of the Jacksonville Developmental Center; and
(4) the injuries or deaths to former residents of the
Jacksonville Developmental Center in their new venues of
care.
The report must be submitted to the General Assembly within
one year after the effective date of this amendatory Act of the
98th General Assembly.
From the effective date of this amendatory Act of the 98th
General Assembly until 3 months after the filing of the report
with the General Assembly, the Department of Human Services may
not remove a resident from any State-operated developmental
center without the consent of the resident of the center or the
guardian of that resident.
(Source: P.A. 96-660, eff. 8-25-09; 96-1000, eff. 7-2-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.".