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Illinois General Assembly· SB 188Governor Approved

OUT-OF-STATE INVOL ADM-REPEAL, the official text

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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 5. The Out-of-State Person Subject to Involuntary

5 Admission on an Inpatient Basis Mental Health Treatment Act is

6 amended by changing Sections 5, 10, 15, 40, and 45 as follows:

7   (405 ILCS 110/5)

8   (Section scheduled to be repealed on January 1, 2026)

9   Sec. 5. Definitions. As used in this Act:

10  "Department" means the Department of Human Services.

11  "Eastern Iowa Mental Health Region" means the Iowa

12 counties of Cedar, Clinton, Jackson, Muscatine, and Scott.

13  "Person subject to involuntary admission on an inpatient

14 basis", "mental health facility", and "recipient" have the

15 meanings ascribed to them in the Mental Health and

16 Developmental Disabilities Code.

17  "Program service Pilot project area" means the Eastern

18 Iowa Mental Health Region and Rock Island County, Illinois.

19  "Receiving agency" means a mental health facility located

20 in Rock Island, Illinois which accepts and provides treatment

21 to a person from the sending state.

22  "Receiving state" means Illinois.

23  "Sending state" means Iowa.
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1 (Source: P.A. 100-12, eff. 7-1-17.)

2  (405 ILCS 110/10)

3  (Section scheduled to be repealed on January 1, 2026)

4  Sec. 10. Mental health program; Pilot project reciprocal

5 agreement. The mental health pilot project created under

6 Public Act 100-12 shall be a permanent program. Under the

7 program, On or before January 1, 2018, there is created a

8 2-year mental health pilot project for which the receiving

9 agency may accept the admission of an Iowa resident from the

10 Eastern Iowa Mental Health Region who is a person subject to

11 involuntary admission on an inpatient basis under an order

12 issued by an Iowa court for treatment at a receiving agency in

13 this State for which the Iowa court shall have jurisdiction

14 over the recipient while committed to a receiving agency in

15 this State as provided under Section 331.910 of the Iowa Code.

16 The program pilot project shall also provide that a resident

17 of Rock Island County, Illinois who is a person subject to

18 involuntary admission on an inpatient basis under an order

19 issued by a court of this State for treatment at a receiving

20 agency in this State may receive inpatient treatment in the

21 sending state. The sending state or receiving agency shall

22 provide mental health services to the recipient for the

23 duration of the court order and shall return the recipient to

24 his or her state of legal residence upon discharge. If a

25 recipient has to enter a State-operated facility, the
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1 recipient must be returned to his or her state of legal
2 residence.
3 (Source: P.A. 100-12, eff. 7-1-17.)

4  (405 ILCS 110/15)

5  (Section scheduled to be repealed on January 1, 2026)

6  Sec. 15. Reciprocal agreement. For the purpose of the

7 program pilot project, the reciprocal agreement is limited to

8 court orders issued by the courts in the Eastern Iowa Mental

9 Health Region and in Rock Island County, Illinois. Court

10 orders valid under the law of the sending state are granted

11 recognition and reciprocity in the receiving state's

12 respective program service pilot project area to the extent

13 that the court orders relate to commitment for inpatient

14 treatment of a mental illness. The court orders are not

15 subject to legal challenge in the courts of the receiving

16 state. Persons who are detained, committed or placed under the

17 law of a sending state and who are transferred to a receiving

18 state under this Section continue to be in the legal custody of

19 the authority responsible for them under the law of the

20 sending state. Except in emergencies, those persons may not be

21 transferred, removed, or furloughed from a facility of the

22 receiving agency without the specific approval of the

23 authority responsible for them under the law of the sending

24 state. The receiving facility, whether public or private, must

25 agree to the transfer from the sending state before a transfer
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1 takes place. Specifically excluded from the program this pilot
2 project are those persons who are involved in criminal
3 proceedings.
4 (Source: P.A. 100-12, eff. 7-1-17.)

5  (405 ILCS 110/40)

6  (Section scheduled to be repealed on January 1, 2026)

7  Sec. 40. Report to the Department. Beginning January 1,

8 2026, and every January 1 thereafter through January 1, 2030,

9 the receiving agency shall annually collect for the Department

10 demographic information on the number of persons served under

11 the program during the prior calendar year, lengths of stay,

12 cost data, and any specific problems or concerns that were

13 raised during their stay. The receiving agency shall also

14 collect information about the number of Illinois residents who

15 were served during the same period and whether any Illinois

16 residents were denied services due to the program. The

17 receiving agency shall also notify other providers, hospitals,

18 courts, law enforcement organizations, and advocacy

19 organizations in the program service area of its data

20 collection for the Department and ask them to supply any

21 comments to the Department about the program. Beginning August

22 1, 2026 and each calendar year thereafter through August 1,

23 2030, the receiving agency shall submit the collected data and

24 comments in a written report to the Department. The receiving

25 agency shall submit to the Department demographic information
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 1 on the number of persons served in this pilot project, lengths
 2 of stay, cost data, and any specific problems or concerns that
 3 were raised during their stay. The agency shall also provide
 4 information about the number of Illinois residents who were
 5 served during the same period and whether any Illinois
 6 residents were denied services due to this pilot project. The
 7 receiving agency shall also notify other providers, hospitals,
 8 courts, law enforcement organizations, and advocacy
 9 organizations in the pilot project area on or before July 1,
10 2019 of the report to the Department on the pilot project and
11 ask them to supply any comments to the Department. The
12 receiving agency shall provide the information on or before
13 August 1, 2019.
14 (Source: P.A. 100-12, eff. 7-1-17.)

15  (405 ILCS 110/45)

16  (Section scheduled to be repealed on January 1, 2026)

17  Sec. 45. Repeal. This Act is repealed on January 1, 2031

18 2026.

19 (Source: P.A. 103-1059, eff. 12-20-24.)

20  Section 99. Effective date. This Act takes effect upon

21 becoming law.
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