Bill Text: IL SB0188 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Amends the Out-of-State Person Subject to Involuntary Admission on an Inpatient Basis Mental Health Treatment Act. Makes the mental health pilot project created under Public Act 100-12 a permanent program. Contains provisions on reporting requirements for regional facilities participating in the mental health program. Requires the reports to be submitted to the Department of Human Services and include demographic information on the number of persons served under the program, their lengths of stay, cost data, any specific problems or concerns raised during their stay, and comments from service providers, hospitals, courts, law enforcement organizations, and advocacy organizations. Extends the repeal date of the Act from January 1, 2026 to January 1, 2031. Effective immediately.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2025-08-01 - Public Act . . . . . . . . . 104-0074 [SB0188 Detail]

Download: Illinois-2025-SB0188-Enrolled.html

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AN ACT concerning mental health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Out-of-State Person Subject to Involuntary
Admission on an Inpatient Basis Mental Health Treatment Act is
amended by changing Sections 5, 10, 15, 40, and 45 as follows:
(405 ILCS 110/5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 5. Definitions. As used in this Act:
"Department" means the Department of Human Services.
"Eastern Iowa Mental Health Region" means the Iowa
counties of Cedar, Clinton, Jackson, Muscatine, and Scott.
"Person subject to involuntary admission on an inpatient
basis", "mental health facility", and "recipient" have the
meanings ascribed to them in the Mental Health and
Developmental Disabilities Code.
"Program service Pilot project area" means the Eastern
Iowa Mental Health Region and Rock Island County, Illinois.
"Receiving agency" means a mental health facility located
in Rock Island, Illinois which accepts and provides treatment
to a person from the sending state.
"Receiving state" means Illinois.
"Sending state" means Iowa.

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(Source: P.A. 100-12, eff. 7-1-17.)
(405 ILCS 110/10)
(Section scheduled to be repealed on January 1, 2026)
Sec. 10. Mental health program; Pilot project reciprocal
agreement. The mental health pilot project created under
Public Act 100-12 shall be a permanent program. Under the
program, On or before January 1, 2018, there is created a
2-year mental health pilot project for which the receiving
agency 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 receiving agency in
this State for which the Iowa court shall have jurisdiction
over the recipient while committed to a receiving agency in
this State as provided under Section 331.910 of the Iowa Code.
The program 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 receiving
agency in this State may receive inpatient treatment in the
sending state. The sending state or receiving agency 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

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recipient must be returned to his or her state of legal
residence.
(Source: P.A. 100-12, eff. 7-1-17.)
(405 ILCS 110/15)
(Section scheduled to be repealed on January 1, 2026)
Sec. 15. Reciprocal agreement. For the purpose of the
program pilot project, the reciprocal agreement is limited to
court orders issued by the courts in the Eastern Iowa Mental
Health Region and in Rock Island County, Illinois. Court
orders valid under the law of the sending state are granted
recognition and reciprocity in the receiving state's
respective program service pilot project area to the extent
that the court orders relate to commitment for inpatient
treatment of a mental illness. The court orders are not
subject to legal challenge in the courts of the receiving
state. Persons who are detained, committed or placed under the
law of a sending state and who are transferred to a receiving
state under this Section continue to be in the legal custody of
the authority responsible for them under the law of the
sending state. Except in emergencies, those persons may not be
transferred, removed, or furloughed from a facility of the
receiving agency without the specific approval of the
authority responsible for them under the law of the sending
state. The receiving facility, whether public or private, must
agree to the transfer from the sending state before a transfer

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takes place. Specifically excluded from the program this pilot
project are those persons who are involved in criminal
proceedings.
(Source: P.A. 100-12, eff. 7-1-17.)
(405 ILCS 110/40)
(Section scheduled to be repealed on January 1, 2026)
Sec. 40. Report to the Department. Beginning January 1,
2026, and every January 1 thereafter through January 1, 2030,
the receiving agency shall annually collect for the Department
demographic information on the number of persons served under
the program during the prior calendar year, lengths of stay,
cost data, and any specific problems or concerns that were
raised during their stay. The receiving agency shall also
collect information about the number of Illinois residents who
were served during the same period and whether any Illinois
residents were denied services due to the program. The
receiving agency shall also notify other providers, hospitals,
courts, law enforcement organizations, and advocacy
organizations in the program service area of its data
collection for the Department and ask them to supply any
comments to the Department about the program. Beginning August
1, 2026 and each calendar year thereafter through August 1,
2030, the receiving agency shall submit the collected data and
comments in a written report to the Department. The receiving
agency shall submit to the Department demographic information

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on the number of persons served in this pilot project, lengths
of stay, cost data, and any specific problems or concerns that
were raised during their stay. The agency shall also provide
information about the number of Illinois residents who were
served during the same period and whether any Illinois
residents were denied services due to this pilot project. The
receiving agency shall also notify other providers, hospitals,
courts, law enforcement organizations, and advocacy
organizations in the pilot project area on or before July 1,
2019 of the report to the Department on the pilot project and
ask them to supply any comments to the Department. The
receiving agency shall provide the information on or before
August 1, 2019.
(Source: P.A. 100-12, eff. 7-1-17.)
(405 ILCS 110/45)
(Section scheduled to be repealed on January 1, 2026)
Sec. 45. Repeal. This Act is repealed on January 1, 2031
2026.
(Source: P.A. 103-1059, eff. 12-20-24.)
Section 99. Effective date. This Act takes effect upon
becoming law.