Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3648 Compare Versions

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1-Public Act 103-0645
21 SB3648 EnrolledLRB103 37490 AWJ 67613 b SB3648 Enrolled LRB103 37490 AWJ 67613 b
32 SB3648 Enrolled LRB103 37490 AWJ 67613 b
4-AN ACT concerning government.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Community Emergency Services and Support
8-Act is amended by changing Sections 30, 45, 50, and 65 as
9-follows:
10-(50 ILCS 754/30)
11-Sec. 30. State prohibitions. 9-1-1 PSAPs, emergency
12-services dispatched through 9-1-1 PSAPs, and the mobile mental
13-and behavioral health service established by the Division of
14-Mental Health must coordinate their services so that, based on
15-the information provided to them, the following State
16-prohibitions are avoided:
17-(a) Law enforcement responsibility for providing mental
18-and behavioral health care. In any area where mobile mental
19-health relief providers are available for dispatch, law
20-enforcement shall not be dispatched to respond to an
21-individual requiring mental or behavioral health care unless
22-that individual is (i) involved in a suspected violation of
23-the criminal laws of this State, or (ii) presents a threat of
24-physical injury to self or others. Mobile mental health relief
25-providers are not considered available for dispatch under this
26-Section if 9-8-8 reports that it cannot dispatch appropriate
3+1 AN ACT concerning government.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Community Emergency Services and Support
7+5 Act is amended by changing Sections 30, 45, 50, and 65 as
8+6 follows:
9+7 (50 ILCS 754/30)
10+8 Sec. 30. State prohibitions. 9-1-1 PSAPs, emergency
11+9 services dispatched through 9-1-1 PSAPs, and the mobile mental
12+10 and behavioral health service established by the Division of
13+11 Mental Health must coordinate their services so that, based on
14+12 the information provided to them, the following State
15+13 prohibitions are avoided:
16+14 (a) Law enforcement responsibility for providing mental
17+15 and behavioral health care. In any area where mobile mental
18+16 health relief providers are available for dispatch, law
19+17 enforcement shall not be dispatched to respond to an
20+18 individual requiring mental or behavioral health care unless
21+19 that individual is (i) involved in a suspected violation of
22+20 the criminal laws of this State, or (ii) presents a threat of
23+21 physical injury to self or others. Mobile mental health relief
24+22 providers are not considered available for dispatch under this
25+23 Section if 9-8-8 reports that it cannot dispatch appropriate
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33-service within the maximum response times established by each
34-Regional Advisory Committee under Section 45.
35-(1) Standing on its own or in combination with each
36-other, the fact that an individual is experiencing a
37-mental or behavioral health emergency, or has a mental
38-health, behavioral health, or other diagnosis, is not
39-sufficient to justify an assessment that the individual is
40-a threat of physical injury to self or others, or requires
41-a law enforcement response to a request for emergency
42-response or medical transportation.
43-(2) If, based on its assessment of the threat to
44-public safety, law enforcement would not accompany medical
45-transportation responding to a physical health emergency,
46-unless requested by mobile mental health relief providers,
47-law enforcement may not accompany emergency response or
48-medical transportation personnel responding to a mental or
49-behavioral health emergency that presents an equivalent
50-level of threat to self or public safety.
51-(3) Without regard to an assessment of threat to self
52-or threat to public safety, law enforcement may station
53-personnel so that they can rapidly respond to requests for
54-assistance from mobile mental health relief providers if
55-law enforcement does not interfere with the provision of
56-emergency response or transportation services. To the
57-extent practical, not interfering with services includes
58-remaining sufficiently distant from or out of sight of the
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34+1 service within the maximum response times established by each
35+2 Regional Advisory Committee under Section 45.
36+3 (1) Standing on its own or in combination with each
37+4 other, the fact that an individual is experiencing a
38+5 mental or behavioral health emergency, or has a mental
39+6 health, behavioral health, or other diagnosis, is not
40+7 sufficient to justify an assessment that the individual is
41+8 a threat of physical injury to self or others, or requires
42+9 a law enforcement response to a request for emergency
43+10 response or medical transportation.
44+11 (2) If, based on its assessment of the threat to
45+12 public safety, law enforcement would not accompany medical
46+13 transportation responding to a physical health emergency,
47+14 unless requested by mobile mental health relief providers,
48+15 law enforcement may not accompany emergency response or
49+16 medical transportation personnel responding to a mental or
50+17 behavioral health emergency that presents an equivalent
51+18 level of threat to self or public safety.
52+19 (3) Without regard to an assessment of threat to self
53+20 or threat to public safety, law enforcement may station
54+21 personnel so that they can rapidly respond to requests for
55+22 assistance from mobile mental health relief providers if
56+23 law enforcement does not interfere with the provision of
57+24 emergency response or transportation services. To the
58+25 extent practical, not interfering with services includes
59+26 remaining sufficiently distant from or out of sight of the
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61-individual receiving care so that law enforcement presence
62-is unlikely to escalate the emergency.
63-(b) Mobile mental health relief provider involvement in
64-involuntary commitment. In order to maintain the appropriate
65-care relationship, mobile mental health relief providers shall
66-not in any way assist in the involuntary commitment of an
67-individual beyond (i) reporting to their dispatching entity or
68-to law enforcement that they believe the situation requires
69-assistance the mobile mental health relief providers are not
70-permitted to provide under this Section; (ii) providing
71-witness statements; and (iii) fulfilling reporting
72-requirements the mobile mental health relief providers may
73-have under their professional ethical obligations or laws of
74-this State. This prohibition shall not interfere with any
75-mobile mental health relief provider's ability to provide
76-physical or mental health care.
77-(c) Use of law enforcement for transportation. In any area
78-where mobile mental health relief providers are available for
79-dispatch, unless requested by mobile mental health relief
80-providers, law enforcement shall not be used to provide
81-transportation to access mental or behavioral health care, or
82-travel between mental or behavioral health care providers,
83-except where no alternative is available.
84-(d) Reduction of educational institution obligations. The
85-services coordinated under this Act may not be used to replace
86-any service an educational institution is required to provide
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89-to a student. It shall not substitute for appropriate special
90-education and related services that schools are required to
91-provide by any law.
92-(e) This Section is Subsections (a), (c), and (d) are
93-operative beginning on the date the 3 conditions in Section 65
94-are met or July 1, 2025 2024, whichever is earlier. Subsection
95-(b) is operative beginning on July 1, 2024.
96-(Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
97-(50 ILCS 754/45)
98-Sec. 45. Regional Advisory Committees.
99-(a) The Division of Mental Health shall establish Regional
100-Advisory Committees in each EMS Region to advise on regional
101-issues related to emergency response systems for mental and
102-behavioral health. The Secretary of Human Services shall
103-appoint the members of the Regional Advisory Committees. Each
104-Regional Advisory Committee shall consist of:
105-(1) representatives of the 9-1-1 PSAPs in the region;
106-(2) representatives of the EMS Medical Directors
107-Committee, as constituted under the Emergency Medical
108-Services (EMS) Systems Act, or other similar committee
109-serving the medical needs of the jurisdiction;
110-(3) representatives of law enforcement officials with
111-jurisdiction in the Emergency Medical Services (EMS)
112-Regions;
113-(4) representatives of both the EMS providers and the
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116-unions representing EMS or emergency mental and behavioral
117-health responders, or both; and
118-(5) advocates from the mental health, behavioral
119-health, intellectual disability, and developmental
120-disability communities.
121-If no person is willing or available to fill a member's
122-seat for one of the required areas of representation on a
123-Regional Advisory Committee under paragraphs (1) through (5),
124-the Secretary of Human Services shall adopt procedures to
125-ensure that a missing area of representation is filled once a
126-person becomes willing and available to fill that seat.
127-(b) The majority of advocates on the Regional Advisory
128-Committee must either be individuals with a lived experience
129-of a condition commonly regarded as a mental health or
130-behavioral health disability, developmental disability, or
131-intellectual disability or be from organizations primarily
132-composed of such individuals. The members of the Committee
133-shall also reflect the racial demographics of the jurisdiction
134-served. To achieve the requirements of this subsection, the
135-Division of Mental Health must establish a clear plan and
136-regular course of action to engage, recruit, and sustain areas
137-of established participation. The plan and actions taken must
138-be shared with the general public.
139-(c) Subject to the oversight of the Department of Human
140-Services Division of Mental Health, the EMS Medical Directors
141-Committee or a chair appointed in agreement of the Division of
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70+1 individual receiving care so that law enforcement presence
71+2 is unlikely to escalate the emergency.
72+3 (b) Mobile mental health relief provider involvement in
73+4 involuntary commitment. In order to maintain the appropriate
74+5 care relationship, mobile mental health relief providers shall
75+6 not in any way assist in the involuntary commitment of an
76+7 individual beyond (i) reporting to their dispatching entity or
77+8 to law enforcement that they believe the situation requires
78+9 assistance the mobile mental health relief providers are not
79+10 permitted to provide under this Section; (ii) providing
80+11 witness statements; and (iii) fulfilling reporting
81+12 requirements the mobile mental health relief providers may
82+13 have under their professional ethical obligations or laws of
83+14 this State. This prohibition shall not interfere with any
84+15 mobile mental health relief provider's ability to provide
85+16 physical or mental health care.
86+17 (c) Use of law enforcement for transportation. In any area
87+18 where mobile mental health relief providers are available for
88+19 dispatch, unless requested by mobile mental health relief
89+20 providers, law enforcement shall not be used to provide
90+21 transportation to access mental or behavioral health care, or
91+22 travel between mental or behavioral health care providers,
92+23 except where no alternative is available.
93+24 (d) Reduction of educational institution obligations. The
94+25 services coordinated under this Act may not be used to replace
95+26 any service an educational institution is required to provide
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144-Mental Health and the EMS Medical Directors Committee is
145-responsible for convening the meetings of the committee.
146-Qualifications for appointment as chair under this subsection
147-include a demonstrated understanding of the tasks of the
148-Regional Advisory Committee as well as standing within the
149-region as a leader capable of building consensus for the
150-purpose of achieving the tasks assigned to the committee.
151-Impacted units of local government may also have
152-representatives on the committee subject to approval by the
153-Division of Mental Health, if this participation is structured
154-in such a way that it does not give undue weight to any of the
155-groups represented.
156-(Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
157-(50 ILCS 754/50)
158-Sec. 50. Regional Advisory Committee responsibilities.
159-Each Regional Advisory Committee and subregional committee
160-established by the Regional Advisory Committee are is
161-responsible for designing the local protocols protocol to
162-allow its region's or subregion's 9-1-1 call centers center
163-and emergency responders to coordinate their activities with
164-9-8-8 as required by this Act and monitoring current operation
165-to advise on ongoing adjustments to the local protocols. A
166-subregional committee, which may be convened by a majority
167-vote of a Regional Advisory Committee, must include members
168-that are representative of all required categories of the full
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171-Regional Advisory Committee and must provide guidance to the
172-Regional Advisory Committees on adjustments that need to be
173-made for local level operationalization of protocols protocol.
174-Included in this responsibility, each Regional Advisory
175-Committee or subregional committee must:
176-(1) negotiate the appropriate amendment of each 9-1-1
177-PSAP emergency dispatch protocols, in consultation with
178-each 9-1-1 PSAP in the EMS Region and consistent with
179-national certification requirements;
180-(2) set maximum response times for 9-8-8 to provide
181-service when an in-person response is required, based on
182-type of mental or behavioral health emergency, which, if
183-exceeded, constitute grounds for sending other emergency
184-responders through the 9-1-1 system;
185-(3) report, geographically by police district if
186-practical, the data collected through the direction
187-provided by the Statewide Advisory Committee in
188-aggregated, non-individualized monthly reports. These
189-reports shall be available to the Regional Advisory
190-Committee members, subregional committee members, the
191-Department of Human Service Division of Mental Health, the
192-Administrator of the 9-1-1 Authority, and to the public
193-upon request;
194-(4) convene, after the initial regional policies are
195-established, at least every 2 years to consider amendment
196-of the regional policies, if any, and also convene
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199-whenever a member of the Committee requests that the
200-Committee or subregional committee consider an amendment;
201-and
202-(5) identify regional resources and supports for use
203-by the mobile mental health relief providers as they
204-respond to the requests for services.
205-(Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
206-(50 ILCS 754/65)
207-Sec. 65. PSAP and emergency service dispatched through a
208-9-1-1 PSAP; coordination of activities with mobile and
209-behavioral health services. Each 9-1-1 PSAP and emergency
210-service dispatched through a 9-1-1 PSAP must begin
211-coordinating its activities with the mobile mental and
212-behavioral health services established by the Division of
213-Mental Health once all 3 of the following conditions are met,
214-but not later than July 1, 2025 2024:
215-(1) the Statewide Committee has negotiated useful
216-protocol and 9-1-1 operator script adjustments with the
217-contracted services providing these tools to 9-1-1 PSAPs
218-operating in Illinois;
219-(2) the appropriate Regional Advisory Committee has
220-completed design of the specific 9-1-1 PSAP's process for
221-coordinating activities with the mobile mental and
222-behavioral health service; and
223-(3) the mobile mental and behavioral health service is
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106+1 to a student. It shall not substitute for appropriate special
107+2 education and related services that schools are required to
108+3 provide by any law.
109+4 (e) This Section is Subsections (a), (c), and (d) are
110+5 operative beginning on the date the 3 conditions in Section 65
111+6 are met or July 1, 2025 2024, whichever is earlier. Subsection
112+7 (b) is operative beginning on July 1, 2024.
113+8 (Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
114+9 (50 ILCS 754/45)
115+10 Sec. 45. Regional Advisory Committees.
116+11 (a) The Division of Mental Health shall establish Regional
117+12 Advisory Committees in each EMS Region to advise on regional
118+13 issues related to emergency response systems for mental and
119+14 behavioral health. The Secretary of Human Services shall
120+15 appoint the members of the Regional Advisory Committees. Each
121+16 Regional Advisory Committee shall consist of:
122+17 (1) representatives of the 9-1-1 PSAPs in the region;
123+18 (2) representatives of the EMS Medical Directors
124+19 Committee, as constituted under the Emergency Medical
125+20 Services (EMS) Systems Act, or other similar committee
126+21 serving the medical needs of the jurisdiction;
127+22 (3) representatives of law enforcement officials with
128+23 jurisdiction in the Emergency Medical Services (EMS)
129+24 Regions;
130+25 (4) representatives of both the EMS providers and the
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226-available in their jurisdiction.
227-(Source: P.A. 102-580, eff. 1-1-22; 102-1109, eff. 12-21-22;
228-103-105, eff. 6-27-23.)
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141+1 unions representing EMS or emergency mental and behavioral
142+2 health responders, or both; and
143+3 (5) advocates from the mental health, behavioral
144+4 health, intellectual disability, and developmental
145+5 disability communities.
146+6 If no person is willing or available to fill a member's
147+7 seat for one of the required areas of representation on a
148+8 Regional Advisory Committee under paragraphs (1) through (5),
149+9 the Secretary of Human Services shall adopt procedures to
150+10 ensure that a missing area of representation is filled once a
151+11 person becomes willing and available to fill that seat.
152+12 (b) The majority of advocates on the Regional Advisory
153+13 Committee must either be individuals with a lived experience
154+14 of a condition commonly regarded as a mental health or
155+15 behavioral health disability, developmental disability, or
156+16 intellectual disability or be from organizations primarily
157+17 composed of such individuals. The members of the Committee
158+18 shall also reflect the racial demographics of the jurisdiction
159+19 served. To achieve the requirements of this subsection, the
160+20 Division of Mental Health must establish a clear plan and
161+21 regular course of action to engage, recruit, and sustain areas
162+22 of established participation. The plan and actions taken must
163+23 be shared with the general public.
164+24 (c) Subject to the oversight of the Department of Human
165+25 Services Division of Mental Health, the EMS Medical Directors
166+26 Committee or a chair appointed in agreement of the Division of
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177+1 Mental Health and the EMS Medical Directors Committee is
178+2 responsible for convening the meetings of the committee.
179+3 Qualifications for appointment as chair under this subsection
180+4 include a demonstrated understanding of the tasks of the
181+5 Regional Advisory Committee as well as standing within the
182+6 region as a leader capable of building consensus for the
183+7 purpose of achieving the tasks assigned to the committee.
184+8 Impacted units of local government may also have
185+9 representatives on the committee subject to approval by the
186+10 Division of Mental Health, if this participation is structured
187+11 in such a way that it does not give undue weight to any of the
188+12 groups represented.
189+13 (Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
190+14 (50 ILCS 754/50)
191+15 Sec. 50. Regional Advisory Committee responsibilities.
192+16 Each Regional Advisory Committee and subregional committee
193+17 established by the Regional Advisory Committee are is
194+18 responsible for designing the local protocols protocol to
195+19 allow its region's or subregion's 9-1-1 call centers center
196+20 and emergency responders to coordinate their activities with
197+21 9-8-8 as required by this Act and monitoring current operation
198+22 to advise on ongoing adjustments to the local protocols. A
199+23 subregional committee, which may be convened by a majority
200+24 vote of a Regional Advisory Committee, must include members
201+25 that are representative of all required categories of the full
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212+1 Regional Advisory Committee and must provide guidance to the
213+2 Regional Advisory Committees on adjustments that need to be
214+3 made for local level operationalization of protocols protocol.
215+4 Included in this responsibility, each Regional Advisory
216+5 Committee or subregional committee must:
217+6 (1) negotiate the appropriate amendment of each 9-1-1
218+7 PSAP emergency dispatch protocols, in consultation with
219+8 each 9-1-1 PSAP in the EMS Region and consistent with
220+9 national certification requirements;
221+10 (2) set maximum response times for 9-8-8 to provide
222+11 service when an in-person response is required, based on
223+12 type of mental or behavioral health emergency, which, if
224+13 exceeded, constitute grounds for sending other emergency
225+14 responders through the 9-1-1 system;
226+15 (3) report, geographically by police district if
227+16 practical, the data collected through the direction
228+17 provided by the Statewide Advisory Committee in
229+18 aggregated, non-individualized monthly reports. These
230+19 reports shall be available to the Regional Advisory
231+20 Committee members, subregional committee members, the
232+21 Department of Human Service Division of Mental Health, the
233+22 Administrator of the 9-1-1 Authority, and to the public
234+23 upon request;
235+24 (4) convene, after the initial regional policies are
236+25 established, at least every 2 years to consider amendment
237+26 of the regional policies, if any, and also convene
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248+1 whenever a member of the Committee requests that the
249+2 Committee or subregional committee consider an amendment;
250+3 and
251+4 (5) identify regional resources and supports for use
252+5 by the mobile mental health relief providers as they
253+6 respond to the requests for services.
254+7 (Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
255+8 (50 ILCS 754/65)
256+9 Sec. 65. PSAP and emergency service dispatched through a
257+10 9-1-1 PSAP; coordination of activities with mobile and
258+11 behavioral health services. Each 9-1-1 PSAP and emergency
259+12 service dispatched through a 9-1-1 PSAP must begin
260+13 coordinating its activities with the mobile mental and
261+14 behavioral health services established by the Division of
262+15 Mental Health once all 3 of the following conditions are met,
263+16 but not later than July 1, 2025 2024:
264+17 (1) the Statewide Committee has negotiated useful
265+18 protocol and 9-1-1 operator script adjustments with the
266+19 contracted services providing these tools to 9-1-1 PSAPs
267+20 operating in Illinois;
268+21 (2) the appropriate Regional Advisory Committee has
269+22 completed design of the specific 9-1-1 PSAP's process for
270+23 coordinating activities with the mobile mental and
271+24 behavioral health service; and
272+25 (3) the mobile mental and behavioral health service is
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283+1 available in their jurisdiction.
284+2 (Source: P.A. 102-580, eff. 1-1-22; 102-1109, eff. 12-21-22;
285+3 103-105, eff. 6-27-23.)
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