IL
Illinois House Bill HB3350

Illinois 2023-2024 Regular Session

Illinois House Bill HB3350 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3350 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 405 ILCS 20/1 from Ch. 91 1/2, par. 301 405 ILCS 20/3e from Ch. 91 1/2, par. 303e 405 ILCS 20/3h new Provides that this amendatory Act may be referred to as the Vera, Vivian, and Amilia Kisliak Law to Support Victims of Domestic Violence. Amends the Community Mental Health Act. Defines "domestic violence". Provides that the governing body of a governmental unit that has established a community mental health board may pass a resolution authorizing a proposition asking whether the community mental health board shall provide services for victims of domestic violence in addition to providing mental health facilities and services. Provides that the community mental health board may, if authorized, perform such acts as may be necessary to provide services for victims of domestic violence. Makes conforming changes. Effective immediately. LRB103 26905 SPS 53269 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3350 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 405 ILCS 20/1 from Ch. 91 1/2, par. 301 405 ILCS 20/3e from Ch. 91 1/2, par. 303e 405 ILCS 20/3h new 405 ILCS 20/1 from Ch. 91 1/2, par. 301 405 ILCS 20/3e from Ch. 91 1/2, par. 303e 405 ILCS 20/3h new Provides that this amendatory Act may be referred to as the Vera, Vivian, and Amilia Kisliak Law to Support Victims of Domestic Violence. Amends the Community Mental Health Act. Defines "domestic violence". Provides that the governing body of a governmental unit that has established a community mental health board may pass a resolution authorizing a proposition asking whether the community mental health board shall provide services for victims of domestic violence in addition to providing mental health facilities and services. Provides that the community mental health board may, if authorized, perform such acts as may be necessary to provide services for victims of domestic violence. Makes conforming changes. Effective immediately. LRB103 26905 SPS 53269 b LRB103 26905 SPS 53269 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3350 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
33 405 ILCS 20/1 from Ch. 91 1/2, par. 301 405 ILCS 20/3e from Ch. 91 1/2, par. 303e 405 ILCS 20/3h new 405 ILCS 20/1 from Ch. 91 1/2, par. 301 405 ILCS 20/3e from Ch. 91 1/2, par. 303e 405 ILCS 20/3h new
44 405 ILCS 20/1 from Ch. 91 1/2, par. 301
55 405 ILCS 20/3e from Ch. 91 1/2, par. 303e
66 405 ILCS 20/3h new
77 Provides that this amendatory Act may be referred to as the Vera, Vivian, and Amilia Kisliak Law to Support Victims of Domestic Violence. Amends the Community Mental Health Act. Defines "domestic violence". Provides that the governing body of a governmental unit that has established a community mental health board may pass a resolution authorizing a proposition asking whether the community mental health board shall provide services for victims of domestic violence in addition to providing mental health facilities and services. Provides that the community mental health board may, if authorized, perform such acts as may be necessary to provide services for victims of domestic violence. Makes conforming changes. Effective immediately.
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1313 1 AN ACT concerning mental health.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 1. This Act may be referred to as the Vera, Vivian,
1717 5 and Amilia Kisliak Law to Support Victims of Domestic
1818 6 Violence.
1919 7 Section 5. The Community Mental Health Act is amended by
2020 8 changing Sections 1 and 3e and by adding Section 3h as follows:
2121 9 (405 ILCS 20/1) (from Ch. 91 1/2, par. 301)
2222 10 Sec. 1. As used in this Act:
2323 11 "Direct recipient services" means only those services
2424 12 required to carry out a completed individualized treatment
2525 13 plan that is signed by a service recipient or legal guardian.
2626 14 Crisis assessment and stabilization services are excluded,
2727 15 although these services may be anticipated in a treatment
2828 16 plan.
2929 17 "Domestic violence" has the meaning ascribed to that term
3030 18 in the Illinois Domestic Violence Act of 1986.
3131 19 "Governmental unit" means any county, city, village,
3232 20 incorporated town, or township.
3333 21 "Person with a developmental disability" means any person
3434 22 or persons so diagnosed and as defined in the Mental Health and
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3350 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
3939 405 ILCS 20/1 from Ch. 91 1/2, par. 301 405 ILCS 20/3e from Ch. 91 1/2, par. 303e 405 ILCS 20/3h new 405 ILCS 20/1 from Ch. 91 1/2, par. 301 405 ILCS 20/3e from Ch. 91 1/2, par. 303e 405 ILCS 20/3h new
4040 405 ILCS 20/1 from Ch. 91 1/2, par. 301
4141 405 ILCS 20/3e from Ch. 91 1/2, par. 303e
4242 405 ILCS 20/3h new
4343 Provides that this amendatory Act may be referred to as the Vera, Vivian, and Amilia Kisliak Law to Support Victims of Domestic Violence. Amends the Community Mental Health Act. Defines "domestic violence". Provides that the governing body of a governmental unit that has established a community mental health board may pass a resolution authorizing a proposition asking whether the community mental health board shall provide services for victims of domestic violence in addition to providing mental health facilities and services. Provides that the community mental health board may, if authorized, perform such acts as may be necessary to provide services for victims of domestic violence. Makes conforming changes. Effective immediately.
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5454 405 ILCS 20/3h new
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7373 1 Developmental Disabilities Code. Community mental health
7474 2 boards operating under this Act may in their jurisdiction, by
7575 3 a majority vote, add to the definition of "person with a
7676 4 developmental disability".
7777 5 "Mental illness" has the meaning ascribed to that term in
7878 6 the Mental Health and Developmental Disabilities Code.
7979 7 Community mental health boards operating under this Act may in
8080 8 their jurisdiction, by a majority vote, add to the definition
8181 9 of "mental illness".
8282 10 "Substance use disorder" encompasses substance abuse,
8383 11 dependence, and addiction, not inconsistent with federal or
8484 12 State definitions.
8585 13 (Source: P.A. 97-813, eff. 7-13-12.)
8686 14 (405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)
8787 15 Sec. 3e. Board's powers and duties.
8888 16 (1) Every community mental health board shall, immediately
8989 17 after appointment, meet and organize, by the election of one
9090 18 of its number as president and one as secretary and such other
9191 19 officers as it may deem necessary. It shall make rules and
9292 20 regulations concerning the rendition or operation of services
9393 21 and facilities which it directs, supervises or funds, not
9494 22 inconsistent with the provisions of this Act. It shall:
9595 23 (a) Hold a meeting prior to July 1 of each year at
9696 24 which officers shall be elected for the ensuing year
9797 25 beginning July 1;
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108108 1 (b) Hold meetings at least quarterly;
109109 2 (c) Hold special meetings upon a written request
110110 3 signed by at least 2 members and filed with the secretary;
111111 4 (d) Review and evaluate community mental health
112112 5 services and facilities, including services and facilities
113113 6 for the treatment of alcoholism, drug addiction,
114114 7 developmental disabilities, and intellectual
115115 8 disabilities;
116116 9 (e) Authorize the disbursement of money from the
117117 10 community mental health fund for payment for the ordinary
118118 11 and contingent expenses of the board;
119119 12 (f) Submit to the appointing officer and the members
120120 13 of the governing body a written plan for a program of
121121 14 community mental health services and facilities for
122122 15 persons with a mental illness, a developmental disability,
123123 16 or a substance use disorder and, if authorized under
124124 17 Section 3h, for a program of services for victims of
125125 18 domestic violence. Such plan shall be for the ensuing 12
126126 19 month period. In addition, a plan shall be developed for
127127 20 the ensuing 3 year period and such plan shall be reviewed
128128 21 at the end of every 12 month period and shall be modified
129129 22 as deemed advisable.
130130 23 (g) Within amounts appropriated therefor, execute such
131131 24 programs and maintain such services and facilities as may
132132 25 be authorized under such appropriations, including amounts
133133 26 appropriated under bond issues, if any;
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144144 1 (h) Publish the annual budget and report within 120
145145 2 days after the end of the fiscal year in a newspaper
146146 3 distributed within the jurisdiction of the board, or, if
147147 4 no newspaper is published within the jurisdiction of the
148148 5 board, then one published in the county, or, if no
149149 6 newspaper is published in the county, then in a newspaper
150150 7 having general circulation within the jurisdiction of the
151151 8 board. The report shall show the condition of its trust of
152152 9 that year, the sums of money received from all sources,
153153 10 giving the name of any donor, how all monies have been
154154 11 expended and for what purpose, and such other statistics
155155 12 and program information in regard to the work of the board
156156 13 as it may deem of general interest. A copy of the budget
157157 14 and the annual report shall be made available to the
158158 15 Department of Human Services and to members of the General
159159 16 Assembly whose districts include any part of the
160160 17 jurisdiction of such board. The names of all employees,
161161 18 consultants, and other personnel shall be set forth along
162162 19 with the amounts of money received;
163163 20 (i) Consult with other appropriate private and public
164164 21 agencies in the development of local plans for the most
165165 22 efficient delivery of mental health, developmental
166166 23 disabilities, and substance use disorder services. The
167167 24 Board is authorized to join and to participate in the
168168 25 activities of associations organized for the purpose of
169169 26 promoting more efficient and effective services and
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180180 1 programs;
181181 2 (j) Have the authority to review and comment on all
182182 3 applications for grants by any person, corporation, or
183183 4 governmental unit providing services within the
184184 5 geographical area of the board which provides mental
185185 6 health facilities and services, including services for the
186186 7 person with a mental illness, a developmental disability,
187187 8 or a substance use disorder and, if authorized under
188188 9 Section 3h, for victims of domestic violence. The board
189189 10 may require funding applicants to send a copy of their
190190 11 funding application to the board at the time such
191191 12 application is submitted to the Department of Human
192192 13 Services or to any other local, State or federal funding
193193 14 source or governmental agency. Within 60 days of the
194194 15 receipt of any application, the board shall submit its
195195 16 review and comments to the Department of Human Services or
196196 17 to any other appropriate local, State or federal funding
197197 18 source or governmental agency. A copy of the review and
198198 19 comments shall be submitted to the funding applicant.
199199 20 Within 60 days thereafter, the Department of Human
200200 21 Services or any other appropriate local or State
201201 22 governmental agency shall issue a written response to the
202202 23 board and the funding applicant. The Department of Human
203203 24 Services shall supply any community mental health board
204204 25 such information about purchase-of-care funds, State
205205 26 facility utilization, and costs in its geographical area
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216216 1 as the board may request provided that the information
217217 2 requested is for the purpose of the Community Mental
218218 3 Health Board complying with the requirements of Section
219219 4 3f, subsection (f) of this Act;
220220 5 (k) Perform such other acts as may be necessary or
221221 6 proper to carry out the purposes of this Act.
222222 7 (2) The community mental health board has the following
223223 8 powers:
224224 9 (a) The board may enter into multiple-year contracts
225225 10 for rendition or operation of services, facilities and
226226 11 educational programs.
227227 12 (b) The board may arrange through intergovernmental
228228 13 agreements or intragovernmental agreements or both for the
229229 14 rendition of services and operation of facilities by other
230230 15 agencies or departments of the governmental unit or county
231231 16 in which the governmental unit is located with the
232232 17 approval of the governing body.
233233 18 (c) To employ, establish compensation for, and set
234234 19 policies for its personnel, including legal counsel, as
235235 20 may be necessary to carry out the purposes of this Act and
236236 21 prescribe the duties thereof. The board may enter into
237237 22 multiple-year employment contracts as may be necessary for
238238 23 the recruitment and retention of personnel and the proper
239239 24 functioning of the board.
240240 25 (d) The board may enter into multiple-year joint
241241 26 agreements, which shall be written, with other mental
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252252 1 health boards and boards of health to provide jointly
253253 2 agreed upon community mental health facilities and
254254 3 services and to pool such funds as may be deemed necessary
255255 4 and available for this purpose.
256256 5 (e) The board may organize a not-for-profit
257257 6 corporation for the purpose of providing direct recipient
258258 7 services. Such corporations shall have, in addition to all
259259 8 other lawful powers, the power to contract with persons to
260260 9 furnish services for recipients of the corporation's
261261 10 facilities, including psychiatrists and other physicians
262262 11 licensed in this State to practice medicine in all of its
263263 12 branches. Such physicians shall be considered independent
264264 13 contractors, and liability for any malpractice shall not
265265 14 extend to such corporation, nor to the community mental
266266 15 health board, except for gross negligence in entering into
267267 16 such a contract.
268268 17 (f) The board shall not operate any direct recipient
269269 18 services for more than a 2-year period when such services
270270 19 are being provided in the governmental unit, but shall
271271 20 encourage, by financial support, the development of
272272 21 private agencies to deliver such needed services, pursuant
273273 22 to regulations of the board.
274274 23 (g) Where there are multiple boards within the same
275275 24 planning area, as established by the Department of Human
276276 25 Services, services may be purchased through a single
277277 26 delivery system. In such areas, a coordinating body with
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288288 1 representation from each board shall be established to
289289 2 carry out the service functions of this Act. In the event
290290 3 any such coordinating body purchases or improves real
291291 4 property, such body shall first obtain the approval of the
292292 5 governing bodies of the governmental units in which the
293293 6 coordinating body is located.
294294 7 (h) The board may enter into multiple-year joint
295295 8 agreements with other governmental units located within
296296 9 the geographical area of the board. Such agreements shall
297297 10 be written and shall provide for the rendition of services
298298 11 by the board to the residents of such governmental units.
299299 12 (i) The board may enter into multiple-year joint
300300 13 agreements with federal, State, and local governments,
301301 14 including the Department of Human Services, whereby the
302302 15 board will provide certain services. All such joint
303303 16 agreements must provide for the exchange of relevant data.
304304 17 However, nothing in this Act shall be construed to permit
305305 18 the abridgement of the confidentiality of patient records.
306306 19 (j) The board may receive gifts from private sources
307307 20 for purposes not inconsistent with the provisions of this
308308 21 Act.
309309 22 (k) The board may receive Federal, State and local
310310 23 funds for purposes not inconsistent with the provisions of
311311 24 this Act.
312312 25 (l) The board may establish scholarship programs. Such
313313 26 programs shall require equivalent service or reimbursement
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324324 1 pursuant to regulations of the board.
325325 2 (m) The board may sell, rent, or lease real property
326326 3 for purposes consistent with this Act.
327327 4 (n) The board may: (i) own real property, lease real
328328 5 property as lessee, or acquire real property by purchase,
329329 6 construction, lease-purchase agreement, or otherwise; (ii)
330330 7 take title to the property in the board's name; (iii)
331331 8 borrow money and issue debt instruments, mortgages,
332332 9 purchase-money mortgages, and other security instruments
333333 10 with respect to the property; and (iv) maintain, repair,
334334 11 remodel, or improve the property. All of these activities
335335 12 must be for purposes consistent with this Act as may be
336336 13 reasonably necessary for the housing and proper
337337 14 functioning of the board. The board may use moneys in the
338338 15 Community Mental Health Fund for these purposes.
339339 16 (o) The board may organize a not-for-profit
340340 17 corporation (i) for the purpose of raising money to be
341341 18 distributed by the board for providing community mental
342342 19 health services and facilities for the treatment of
343343 20 alcoholism, drug addiction, developmental disabilities,
344344 21 and intellectual disabilities or (ii) for other purposes
345345 22 not inconsistent with this Act.
346346 23 (p) The board may, if authorized under Section 3h,
347347 24 perform such acts as may be necessary to provide services
348348 25 for victims of domestic violence as described in Section
349349 26 3h.
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360360 1 (Source: P.A. 97-227, eff. 1-1-12.)
361361 2 (405 ILCS 20/3h new)
362362 3 Sec. 3h. Domestic Violence Proposition. The governing body
363363 4 of a governmental unit that has established a community mental
364364 5 health board pursuant to this Act may adopt a resolution
365365 6 authorizing a proposition to be submitted to the voters asking
366366 7 whether the community mental health board shall provide
367367 8 services for victims of domestic violence in addition to
368368 9 providing mental health facilities.
369369 10 When a governing body adopts a resolution under this
370370 11 Section and provides a copy of the resolution to the clerk of
371371 12 the governmental unit, the clerk shall certify the proposition
372372 13 to the proper election officials for submission at a regular
373373 14 election under the general election law.
374374 15 The proposition shall be in the following form:
375375 16 Shall (governmental unit)'s community mental health
376376 17 board provide services for victims of domestic violence in
377377 18 addition to providing mental health facilities and
378378 19 services?
379379 20 The votes shall be recorded as a "Yes" or "No".
380380 21 If a majority of all the votes cast upon the proposition
381381 22 are in favor of the proposition, the community mental health
382382 23 board shall, in addition to all other powers and duties
383383 24 required under Section 3e of this Act, (i) provide a program of
384384 25 services for victims of domestic violence in accordance with
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395395 1 subsection (f) of paragraph (1) of Section 3e, (ii) review and
396396 2 evaluate community services for victims of domestic violence,
397397 3 (iii) consult with other appropriate private and public
398398 4 agencies in the development of local plans for the most
399399 5 efficient delivery of services for victims of domestic
400400 6 violence, and (iv) review and comment on all applications for
401401 7 grants by any person, corporation, or governmental unit
402402 8 providing services within the geographical area of the board
403403 9 which provides services for victims of domestic violence in
404404 10 accordance with subsection (j) of paragraph (1) of Section 3e.
405405 11 Section 99. Effective date. This Act takes effect upon
406406 12 becoming law.
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