Bill Text: IL HB3350 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Provides that this amendatory Act may be referred to as the Vera, Vivian, and Amilia Kisliak Law to Support Victims of Domestic Violence. Amends the Community Mental Health Act. Defines "domestic violence". Provides that the governing body of a governmental unit that has established a community mental health board may pass a resolution authorizing a proposition asking whether the community mental health board shall provide services for victims of domestic violence in addition to providing mental health facilities and services. Provides that the community mental health board may, if authorized, perform such acts as may be necessary to provide services for victims of domestic violence. Makes conforming changes. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced) 2024-05-17 - Added Co-Sponsor Rep. Paul Jacobs [HB3350 Detail]

Download: Illinois-2023-HB3350-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3350 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
405 ILCS 20/1 from Ch. 91 1/2, par. 301
405 ILCS 20/3e from Ch. 91 1/2, par. 303e
405 ILCS 20/3h new
Provides that this amendatory Act may be referred to as the Vera, Vivian, and Amilia Kisliak Law to Support Victims of Domestic Violence. Amends the Community Mental Health Act. Defines "domestic violence". Provides that the governing body of a governmental unit that has established a community mental health board may pass a resolution authorizing a proposition asking whether the community mental health board shall provide services for victims of domestic violence in addition to providing mental health facilities and services. Provides that the community mental health board may, if authorized, perform such acts as may be necessary to provide services for victims of domestic violence. Makes conforming changes. Effective immediately.
LRB103 26905 SPS 53269 b
A BILL FOR
HB3350 LRB103 26905 SPS 53269 b
AN ACT concerning mental health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the Vera, Vivian,
and Amilia Kisliak Law to Support Victims of Domestic
Violence.
Section 5. The Community Mental Health Act is amended by
changing Sections 1 and 3e and by adding Section 3h as follows:
(405 ILCS 20/1) (from Ch. 91 1/2, par. 301)
Sec. 1. As used in this Act:
"Direct recipient services" means only those services
required to carry out a completed individualized treatment
plan that is signed by a service recipient or legal guardian.
Crisis assessment and stabilization services are excluded,
although these services may be anticipated in a treatment
plan.
"Domestic violence" has the meaning ascribed to that term
in the Illinois Domestic Violence Act of 1986.
"Governmental unit" means any county, city, village,
incorporated town, or township.
"Person with a developmental disability" means any person
or persons so diagnosed and as defined in the Mental Health and

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Developmental Disabilities Code. Community mental health
boards operating under this Act may in their jurisdiction, by
a majority vote, add to the definition of "person with a
developmental disability".
"Mental illness" has the meaning ascribed to that term in
the Mental Health and Developmental Disabilities Code.
Community mental health boards operating under this Act may in
their jurisdiction, by a majority vote, add to the definition
of "mental illness".
"Substance use disorder" encompasses substance abuse,
dependence, and addiction, not inconsistent with federal or
State definitions.
(Source: P.A. 97-813, eff. 7-13-12.)
(405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)
Sec. 3e. Board's powers and duties.
(1) Every community mental health board shall, immediately
after appointment, meet and organize, by the election of one
of its number as president and one as secretary and such other
officers as it may deem necessary. It shall make rules and
regulations concerning the rendition or operation of services
and facilities which it directs, supervises or funds, not
inconsistent with the provisions of this Act. It shall:
(a) Hold a meeting prior to July 1 of each year at
which officers shall be elected for the ensuing year
beginning July 1;

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(b) Hold meetings at least quarterly;
(c) Hold special meetings upon a written request
signed by at least 2 members and filed with the secretary;
(d) Review and evaluate community mental health
services and facilities, including services and facilities
for the treatment of alcoholism, drug addiction,
developmental disabilities, and intellectual
disabilities;
(e) Authorize the disbursement of money from the
community mental health fund for payment for the ordinary
and contingent expenses of the board;
(f) Submit to the appointing officer and the members
of the governing body a written plan for a program of
community mental health services and facilities for
persons with a mental illness, a developmental disability,
or a substance use disorder and, if authorized under
Section 3h, for a program of services for victims of
domestic violence. Such plan shall be for the ensuing 12
month period. In addition, a plan shall be developed for
the ensuing 3 year period and such plan shall be reviewed
at the end of every 12 month period and shall be modified
as deemed advisable.
(g) Within amounts appropriated therefor, execute such
programs and maintain such services and facilities as may
be authorized under such appropriations, including amounts
appropriated under bond issues, if any;

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(h) Publish the annual budget and report within 120
days after the end of the fiscal year in a newspaper
distributed within the jurisdiction of the board, or, if
no newspaper is published within the jurisdiction of the
board, then one published in the county, or, if no
newspaper is published in the county, then in a newspaper
having general circulation within the jurisdiction of the
board. The report shall show the condition of its trust of
that year, the sums of money received from all sources,
giving the name of any donor, how all monies have been
expended and for what purpose, and such other statistics
and program information in regard to the work of the board
as it may deem of general interest. A copy of the budget
and the annual report shall be made available to the
Department of Human Services and to members of the General
Assembly whose districts include any part of the
jurisdiction of such board. The names of all employees,
consultants, and other personnel shall be set forth along
with the amounts of money received;
(i) Consult with other appropriate private and public
agencies in the development of local plans for the most
efficient delivery of mental health, developmental
disabilities, and substance use disorder services. The
Board is authorized to join and to participate in the
activities of associations organized for the purpose of
promoting more efficient and effective services and

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programs;
(j) Have the authority to review and comment on all
applications for grants by any person, corporation, or
governmental unit providing services within the
geographical area of the board which provides mental
health facilities and services, including services for the
person with a mental illness, a developmental disability,
or a substance use disorder and, if authorized under
Section 3h, for victims of domestic violence. The board
may require funding applicants to send a copy of their
funding application to the board at the time such
application is submitted to the Department of Human
Services or to any other local, State or federal funding
source or governmental agency. Within 60 days of the
receipt of any application, the board shall submit its
review and comments to the Department of Human Services or
to any other appropriate local, State or federal funding
source or governmental agency. A copy of the review and
comments shall be submitted to the funding applicant.
Within 60 days thereafter, the Department of Human
Services or any other appropriate local or State
governmental agency shall issue a written response to the
board and the funding applicant. The Department of Human
Services shall supply any community mental health board
such information about purchase-of-care funds, State
facility utilization, and costs in its geographical area

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as the board may request provided that the information
requested is for the purpose of the Community Mental
Health Board complying with the requirements of Section
3f, subsection (f) of this Act;
(k) Perform such other acts as may be necessary or
proper to carry out the purposes of this Act.
(2) The community mental health board has the following
powers:
(a) The board may enter into multiple-year contracts
for rendition or operation of services, facilities and
educational programs.
(b) The board may arrange through intergovernmental
agreements or intragovernmental agreements or both for the
rendition of services and operation of facilities by other
agencies or departments of the governmental unit or county
in which the governmental unit is located with the
approval of the governing body.
(c) To employ, establish compensation for, and set
policies for its personnel, including legal counsel, as
may be necessary to carry out the purposes of this Act and
prescribe the duties thereof. The board may enter into
multiple-year employment contracts as may be necessary for
the recruitment and retention of personnel and the proper
functioning of the board.
(d) The board may enter into multiple-year joint
agreements, which shall be written, with other mental

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health boards and boards of health to provide jointly
agreed upon community mental health facilities and
services and to pool such funds as may be deemed necessary
and available for this purpose.
(e) The board may organize a not-for-profit
corporation for the purpose of providing direct recipient
services. Such corporations shall have, in addition to all
other lawful powers, the power to contract with persons to
furnish services for recipients of the corporation's
facilities, including psychiatrists and other physicians
licensed in this State to practice medicine in all of its
branches. Such physicians shall be considered independent
contractors, and liability for any malpractice shall not
extend to such corporation, nor to the community mental
health board, except for gross negligence in entering into
such a contract.
(f) The board shall not operate any direct recipient
services for more than a 2-year period when such services
are being provided in the governmental unit, but shall
encourage, by financial support, the development of
private agencies to deliver such needed services, pursuant
to regulations of the board.
(g) Where there are multiple boards within the same
planning area, as established by the Department of Human
Services, services may be purchased through a single
delivery system. In such areas, a coordinating body with

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representation from each board shall be established to
carry out the service functions of this Act. In the event
any such coordinating body purchases or improves real
property, such body shall first obtain the approval of the
governing bodies of the governmental units in which the
coordinating body is located.
(h) The board may enter into multiple-year joint
agreements with other governmental units located within
the geographical area of the board. Such agreements shall
be written and shall provide for the rendition of services
by the board to the residents of such governmental units.
(i) The board may enter into multiple-year joint
agreements with federal, State, and local governments,
including the Department of Human Services, whereby the
board will provide certain services. All such joint
agreements must provide for the exchange of relevant data.
However, nothing in this Act shall be construed to permit
the abridgement of the confidentiality of patient records.
(j) The board may receive gifts from private sources
for purposes not inconsistent with the provisions of this
Act.
(k) The board may receive Federal, State and local
funds for purposes not inconsistent with the provisions of
this Act.
(l) The board may establish scholarship programs. Such
programs shall require equivalent service or reimbursement

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pursuant to regulations of the board.
(m) The board may sell, rent, or lease real property
for purposes consistent with this Act.
(n) The board may: (i) own real property, lease real
property as lessee, or acquire real property by purchase,
construction, lease-purchase agreement, or otherwise; (ii)
take title to the property in the board's name; (iii)
borrow money and issue debt instruments, mortgages,
purchase-money mortgages, and other security instruments
with respect to the property; and (iv) maintain, repair,
remodel, or improve the property. All of these activities
must be for purposes consistent with this Act as may be
reasonably necessary for the housing and proper
functioning of the board. The board may use moneys in the
Community Mental Health Fund for these purposes.
(o) The board may organize a not-for-profit
corporation (i) for the purpose of raising money to be
distributed by the board for providing community mental
health services and facilities for the treatment of
alcoholism, drug addiction, developmental disabilities,
and intellectual disabilities or (ii) for other purposes
not inconsistent with this Act.
(p) The board may, if authorized under Section 3h,
perform such acts as may be necessary to provide services
for victims of domestic violence as described in Section
3h.

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(Source: P.A. 97-227, eff. 1-1-12.)
(405 ILCS 20/3h new)
Sec. 3h. Domestic Violence Proposition. The governing body
of a governmental unit that has established a community mental
health board pursuant to this Act may adopt a resolution
authorizing a proposition to be submitted to the voters asking
whether the community mental health board shall provide
services for victims of domestic violence in addition to
providing mental health facilities.
When a governing body adopts a resolution under this
Section and provides a copy of the resolution to the clerk of
the governmental unit, the clerk shall certify the proposition
to the proper election officials for submission at a regular
election under the general election law.
The proposition shall be in the following form:
Shall (governmental unit)'s community mental health
board provide services for victims of domestic violence in
addition to providing mental health facilities and
services?
The votes shall be recorded as a "Yes" or "No".
If a majority of all the votes cast upon the proposition
are in favor of the proposition, the community mental health
board shall, in addition to all other powers and duties
required under Section 3e of this Act, (i) provide a program of
services for victims of domestic violence in accordance with

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subsection (f) of paragraph (1) of Section 3e, (ii) review and
evaluate community services for victims of domestic violence,
(iii) consult with other appropriate private and public
agencies in the development of local plans for the most
efficient delivery of services for victims of domestic
violence, and (iv) review and comment on all applications for
grants by any person, corporation, or governmental unit
providing services within the geographical area of the board
which provides services for victims of domestic violence in
accordance with subsection (j) of paragraph (1) of Section 3e.
Section 99. Effective date. This Act takes effect upon
becoming law.