HB3703 Enrolled LRB100 05515 RLC 15527 b
1		AN ACT concerning mental health.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Short title. This Act may be cited as the
5		Out-of-State Person Subject to Involuntary Admission on an
6		Inpatient 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
10		of Cedar, Clinton, Jackson, Muscatine, and Scott.
11		"Person subject to involuntary admission on an inpatient
12		basis", "mental health facility", and "recipient" have the
13		meanings ascribed to them in the Mental Health and
14		Developmental Disabilities Code.
15		"Pilot project area" means the Eastern Iowa Mental Health
16		Region and Rock Island County, Illinois.
17		"Receiving agency" means a mental health facility located
18		in Rock Island, Illinois which accepts and provides treatment
19		to 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
1		before January 1, 2018, there is created a 2-year mental health
2		pilot project for which the receiving agency may accept the
3		admission of an Iowa resident from the Eastern Iowa Mental
4		Health Region who is a person subject to involuntary admission
5		on an inpatient basis under an order issued by an Iowa court
6		for treatment at a receiving agency in this State for which the
7		Iowa court shall have jurisdiction over the recipient while
8		committed to a receiving agency in this State as provided under
9		Section 331.910 of the Iowa Code. The pilot project shall also
10		provide that a resident of Rock Island County, Illinois who is
11		a person subject to involuntary admission on an inpatient basis
12		under an order issued by a court of this State for treatment at
13		a receiving agency in this State may receive inpatient
14		treatment in the sending state. The sending state or receiving
15		agency shall provide mental health services to the recipient
16		for the duration of the court order and shall return the
17		recipient to his or her state of legal residence upon
18		discharge. If a recipient has to enter a State-operated
19		facility, the recipient must be returned to his or her state of
20		legal residence.
21		Section 15. Reciprocal agreement. For the purpose of the
22		pilot project, the reciprocal agreement is limited to court
23		orders issued by the courts in the Eastern Iowa Mental Health
24		Region and in Rock Island County, Illinois. Court orders valid
25		under the law of the sending state are granted recognition and

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

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

HB3703 Enrolled - 5 - LRB100 05515 RLC 15527 b
1		Section 35. Residence not established. No person
2		establishes legal residence in the state where the receiving
3		agency is located while the person is receiving services under
4		this Act.
5		Section 40. Report to the Department. The receiving agency
6		shall submit to the Department demographic information on the
7		number of persons served in this pilot project, lengths of
8		stay, cost data, and any specific problems or concerns that
9		were raised during their stay. The agency shall also provide
10		information about the number of Illinois residents who were
11		served during the same period and whether any Illinois
12		residents were denied services due to this pilot project. The
13		receiving agency shall also notify other providers, hospitals,
14		courts, law enforcement organizations, and advocacy
15		organizations in the pilot project area on or before July 1,
16		2019 of the report to the Department on the pilot project and
17		ask them to supply any comments to the Department. The
18		receiving agency shall provide the information on or before
19		August 1, 2019.
20		Section 45. Repeal. This Act is repealed on January 1,
21		2020.