Public Act 104-0074
 
SB0188 EnrolledLRB104 03517 KTG 13540 b

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    (Section scheduled to be repealed on January 1, 2026)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    (Section scheduled to be repealed on January 1, 2026)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