Bill Text: IL HB3703 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Creates the Out-of-State Person Subject to Involuntary Admission on an Inpatient Basis Mental Health Treatment Act. Provides that on or before January 1, 2018, there is created a 2-year mental health pilot project for which a mental health facility located in Rock Island County, Illinois may accept the admission of an Iowa resident from the Eastern Iowa Mental Health Region who is a person subject to involuntary admission on an inpatient basis under an order issued by an Iowa court for treatment at a mental health facility in this State for which the Iowa court shall have jurisdiction over the recipient while committed to a mental health facility in this State. Provides that the pilot project shall also provide that a resident of Rock Island County, Illinois who is a person subject to involuntary admission on an inpatient basis under an order issued by a court of this State for treatment at a mental health facility in this State may receive inpatient treatment in an Iowa mental health facility. Provides that the Iowa or Illinois mental health facility shall provide mental health services to the recipient for the duration of the court order and shall return the recipient to his or her state of legal residence upon discharge. If a recipient has to enter a State-operated facility, the recipient must be returned to his or her state of legal residence. Defines "Eastern Iowa Mental Health Region", "person subject to involuntary admission on an inpatient basis", "mental health facility", "Pilot project area", "receiving agency", "receiving state", and "sending state". Provides that the Act is repealed on January 1, 2020. Effective July 1, 2017.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Enrolled) 2017-06-23 - Sent to the Governor [HB3703 Detail]

Download: Illinois-2017-HB3703-Enrolled.html



HB3703 EnrolledLRB100 05515 RLC 15527 b
1 AN ACT concerning mental health.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Out-of-State Person Subject to Involuntary Admission on an
6Inpatient Basis Mental Health Treatment Act.
7 Section 5. Definitions. As used in this Act:
8 "Department" means the Department of Human Services.
9 "Eastern Iowa Mental Health Region" means the Iowa counties
10of Cedar, Clinton, Jackson, Muscatine, and Scott.
11 "Person subject to involuntary admission on an inpatient
12basis", "mental health facility", and "recipient" have the
13meanings ascribed to them in the Mental Health and
14Developmental Disabilities Code.
15 "Pilot project area" means the Eastern Iowa Mental Health
16Region and Rock Island County, Illinois.
17 "Receiving agency" means a mental health facility located
18in Rock Island, Illinois which accepts and provides treatment
19to a person from the sending state.
20 "Receiving state" means Illinois.
21 "Sending state" means Iowa.
22 Section 10. Pilot project reciprocal agreement. On or

HB3703 Enrolled- 2 -LRB100 05515 RLC 15527 b
1before January 1, 2018, there is created a 2-year mental health
2pilot project for which the receiving agency may accept the
3admission of an Iowa resident from the Eastern Iowa Mental
4Health Region who is a person subject to involuntary admission
5on an inpatient basis under an order issued by an Iowa court
6for treatment at a receiving agency in this State for which the
7Iowa court shall have jurisdiction over the recipient while
8committed to a receiving agency in this State as provided under
9Section 331.910 of the Iowa Code. The pilot project shall also
10provide that a resident of Rock Island County, Illinois who is
11a person subject to involuntary admission on an inpatient basis
12under an order issued by a court of this State for treatment at
13a receiving agency in this State may receive inpatient
14treatment in the sending state. The sending state or receiving
15agency shall provide mental health services to the recipient
16for the duration of the court order and shall return the
17recipient to his or her state of legal residence upon
18discharge. If a recipient has to enter a State-operated
19facility, the recipient must be returned to his or her state of
20legal residence.
21 Section 15. Reciprocal agreement. For the purpose of the
22pilot project, the reciprocal agreement is limited to court
23orders issued by the courts in the Eastern Iowa Mental Health
24Region and in Rock Island County, Illinois. Court orders valid
25under the law of the sending state are granted recognition and

HB3703 Enrolled- 3 -LRB100 05515 RLC 15527 b
1reciprocity in the receiving state's respective pilot project
2area to the extent that the court orders relate to commitment
3for inpatient treatment of a mental illness. The court orders
4are not subject to legal challenge in the courts of the
5receiving state. Persons who are detained, committed or placed
6under the law of a sending state and who are transferred to a
7receiving state under this Section continue to be in the legal
8custody of the authority responsible for them under the law of
9the sending state. Except in emergencies, those persons may not
10be transferred, removed, or furloughed from a facility of the
11receiving agency without the specific approval of the authority
12responsible for them under the law of the sending state. The
13receiving facility, whether public or private, must agree to
14the transfer from the sending state before a transfer takes
15place. Specifically excluded from this pilot project are those
16persons who are involved in criminal proceedings.
17 Section 20. Applicable law. While in the receiving state, a
18person shall be subject to all of the provisions of law, rules,
19and regulations applicable to persons detained, committed, or
20placed under the corresponding laws of the receiving state,
21except those laws, rules, and regulations of the receiving
22state relating to length of commitment, reexaminations, and
23extensions of commitment or recommitment and except as
24otherwise provided by this Act. Specifically, the laws of the
25receiving state on emergency use of psychotropic medication and

HB3703 Enrolled- 4 -LRB100 05515 RLC 15527 b
1the procedures for involuntary forced psychotropic medications
2shall apply to the person while in the receiving state. The
3laws, rules, and regulations of the sending state relating to
4length of commitment, reexaminations, and extensions of
5commitment or recommitment shall apply.
6 Section 25. Records. Treatment records shall be managed in
7accordance with the laws of the receiving state.
8 Section 30. Receiving agency responsibility.
9 (a) The receiving agency shall secure a re-examination for
10a person and arrange any extension or recommitment of a
11person's period of commitment. The receiving agency shall
12arrange transportation of persons from the receiving facility.
13 (b) If a person receiving services under a contract under
14this Act escapes from the receiving agency and the person at
15the time of the escape is subject to involuntary admission
16under the law of the sending state, the receiving agency shall
17use all reasonable means to recapture the escapee. The
18receiving agency shall immediately report the escape to the
19sending state. The receiving state has the primary
20responsibility for, and may direct, the pursuit, retaking, and
21prosecution of escaped persons within its jurisdiction.
22 (c) The receiving agency shall seek reimbursement from
23public or private insurance or from the county of residence or
24the sending state.

HB3703 Enrolled- 5 -LRB100 05515 RLC 15527 b
1 Section 35. Residence not established. No person
2establishes legal residence in the state where the receiving
3agency is located while the person is receiving services under
4this Act.
5 Section 40. Report to the Department. The receiving agency
6shall submit to the Department demographic information on the
7number of persons served in this pilot project, lengths of
8stay, cost data, and any specific problems or concerns that
9were raised during their stay. The agency shall also provide
10information about the number of Illinois residents who were
11served during the same period and whether any Illinois
12residents were denied services due to this pilot project. The
13receiving agency shall also notify other providers, hospitals,
14courts, law enforcement organizations, and advocacy
15organizations in the pilot project area on or before July 1,
162019 of the report to the Department on the pilot project and
17ask them to supply any comments to the Department. The
18receiving agency shall provide the information on or before
19August 1, 2019.
20 Section 45. Repeal. This Act is repealed on January 1,
212020.
feedback