Public Act 100-0012

HB3703 Enrolled LRB100 05515 RLC 15527 b

AN ACT concerning mental health.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 1. Short title. This Act may be cited as the

Out-of-State Person Subject to Involuntary Admission on an

Inpatient Basis Mental Health Treatment Act.

Section 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.

"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.

Section 10. Pilot project reciprocal agreement. 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 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 recipient must be returned to his or her state of

legal residence.

Section 15. Reciprocal agreement. For the purpose of the

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 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 takes

place. Specifically excluded from this pilot project are those

persons who are involved in criminal proceedings.

Section 20. Applicable law. While in the receiving state, a

person shall be subject to all of the provisions of law, rules,

and regulations applicable to persons detained, committed, or

placed under the corresponding laws of the receiving state,

except those laws, rules, and regulations of the receiving

state relating to length of commitment, reexaminations, and

extensions of commitment or recommitment and except as

otherwise provided by this Act. Specifically, the laws of the

receiving state on emergency use of psychotropic medication and

the procedures for involuntary forced psychotropic medications

shall apply to the person while in the receiving state. The

laws, rules, and regulations of the sending state relating to

length of commitment, reexaminations, and extensions of

commitment or recommitment shall apply.

Section 25. Records. Treatment records shall be managed in

accordance with the laws of the receiving state.

Section 30. Receiving agency responsibility.

(a) The receiving agency shall secure a re-examination for

a person and arrange any extension or recommitment of a

person's period of commitment. The receiving agency shall

arrange transportation of persons from the receiving facility.

(b) If a person receiving services under a contract under

this Act escapes from the receiving agency and the person at

the time of the escape is subject to involuntary admission

under the law of the sending state, the receiving agency shall

use all reasonable means to recapture the escapee. The

receiving agency shall immediately report the escape to the

sending state. The receiving state has the primary

responsibility for, and may direct, the pursuit, retaking, and

prosecution of escaped persons within its jurisdiction.

(c) The receiving agency shall seek reimbursement from

public or private insurance or from the county of residence or

the sending state.

Section 35. Residence not established. No person

establishes legal residence in the state where the receiving

agency is located while the person is receiving services under

this Act.

Section 40. Report to the Department. The receiving agency

shall submit to the Department demographic information 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.

Section 45. Repeal. This Act is repealed on January 1,

2020.