Public Act 103-0645
SB3648 EnrolledLRB103 37490 AWJ 67613 b SB3648 Enrolled LRB103 37490 AWJ 67613 b
SB3648 Enrolled LRB103 37490 AWJ 67613 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Community Emergency Services and Support
Act is amended by changing Sections 30, 45, 50, and 65 as
follows:
(50 ILCS 754/30)
Sec. 30. State prohibitions. 9-1-1 PSAPs, emergency
services dispatched through 9-1-1 PSAPs, and the mobile mental
and behavioral health service established by the Division of
Mental Health must coordinate their services so that, based on
the information provided to them, the following State
prohibitions are avoided:
(a) Law enforcement responsibility for providing mental
and behavioral health care. In any area where mobile mental
health relief providers are available for dispatch, law
enforcement shall not be dispatched to respond to an
individual requiring mental or behavioral health care unless
that individual is (i) involved in a suspected violation of
the criminal laws of this State, or (ii) presents a threat of
physical injury to self or others. Mobile mental health relief
providers are not considered available for dispatch under this
Section if 9-8-8 reports that it cannot dispatch appropriate
SB3648 Enrolled LRB103 37490 AWJ 67613 b
service within the maximum response times established by each
Regional Advisory Committee under Section 45.
(1) Standing on its own or in combination with each
other, the fact that an individual is experiencing a
mental or behavioral health emergency, or has a mental
health, behavioral health, or other diagnosis, is not
sufficient to justify an assessment that the individual is
a threat of physical injury to self or others, or requires
a law enforcement response to a request for emergency
response or medical transportation.
(2) If, based on its assessment of the threat to
public safety, law enforcement would not accompany medical
transportation responding to a physical health emergency,
unless requested by mobile mental health relief providers,
law enforcement may not accompany emergency response or
medical transportation personnel responding to a mental or
behavioral health emergency that presents an equivalent
level of threat to self or public safety.
(3) Without regard to an assessment of threat to self
or threat to public safety, law enforcement may station
personnel so that they can rapidly respond to requests for
assistance from mobile mental health relief providers if
law enforcement does not interfere with the provision of
emergency response or transportation services. To the
extent practical, not interfering with services includes
remaining sufficiently distant from or out of sight of the
individual receiving care so that law enforcement presence
is unlikely to escalate the emergency.
(b) Mobile mental health relief provider involvement in
involuntary commitment. In order to maintain the appropriate
care relationship, mobile mental health relief providers shall
not in any way assist in the involuntary commitment of an
individual beyond (i) reporting to their dispatching entity or
to law enforcement that they believe the situation requires
assistance the mobile mental health relief providers are not
permitted to provide under this Section; (ii) providing
witness statements; and (iii) fulfilling reporting
requirements the mobile mental health relief providers may
have under their professional ethical obligations or laws of
this State. This prohibition shall not interfere with any
mobile mental health relief provider's ability to provide
physical or mental health care.
(c) Use of law enforcement for transportation. In any area
where mobile mental health relief providers are available for
dispatch, unless requested by mobile mental health relief
providers, law enforcement shall not be used to provide
transportation to access mental or behavioral health care, or
travel between mental or behavioral health care providers,
except where no alternative is available.
(d) Reduction of educational institution obligations. The
services coordinated under this Act may not be used to replace
any service an educational institution is required to provide
to a student. It shall not substitute for appropriate special
education and related services that schools are required to
provide by any law.
(e) This Section is Subsections (a), (c), and (d) are
operative beginning on the date the 3 conditions in Section 65
are met or July 1, 2025 2024, whichever is earlier. Subsection
(b) is operative beginning on July 1, 2024.
(Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
(50 ILCS 754/45)
Sec. 45. Regional Advisory Committees.
(a) The Division of Mental Health shall establish Regional
Advisory Committees in each EMS Region to advise on regional
issues related to emergency response systems for mental and
behavioral health. The Secretary of Human Services shall
appoint the members of the Regional Advisory Committees. Each
Regional Advisory Committee shall consist of:
(1) representatives of the 9-1-1 PSAPs in the region;
(2) representatives of the EMS Medical Directors
Committee, as constituted under the Emergency Medical
Services (EMS) Systems Act, or other similar committee
serving the medical needs of the jurisdiction;
(3) representatives of law enforcement officials with
jurisdiction in the Emergency Medical Services (EMS)
Regions;
(4) representatives of both the EMS providers and the
unions representing EMS or emergency mental and behavioral
health responders, or both; and
(5) advocates from the mental health, behavioral
health, intellectual disability, and developmental
disability communities.
If no person is willing or available to fill a member's
seat for one of the required areas of representation on a
Regional Advisory Committee under paragraphs (1) through (5),
the Secretary of Human Services shall adopt procedures to
ensure that a missing area of representation is filled once a
person becomes willing and available to fill that seat.
(b) The majority of advocates on the Regional Advisory
Committee must either be individuals with a lived experience
of a condition commonly regarded as a mental health or
behavioral health disability, developmental disability, or
intellectual disability or be from organizations primarily
composed of such individuals. The members of the Committee
shall also reflect the racial demographics of the jurisdiction
served. To achieve the requirements of this subsection, the
Division of Mental Health must establish a clear plan and
regular course of action to engage, recruit, and sustain areas
of established participation. The plan and actions taken must
be shared with the general public.
(c) Subject to the oversight of the Department of Human
Services Division of Mental Health, the EMS Medical Directors
Committee or a chair appointed in agreement of the Division of
Mental Health and the EMS Medical Directors Committee is
responsible for convening the meetings of the committee.
Qualifications for appointment as chair under this subsection
include a demonstrated understanding of the tasks of the
Regional Advisory Committee as well as standing within the
region as a leader capable of building consensus for the
purpose of achieving the tasks assigned to the committee.
Impacted units of local government may also have
representatives on the committee subject to approval by the
Division of Mental Health, if this participation is structured
in such a way that it does not give undue weight to any of the
groups represented.
(Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
(50 ILCS 754/50)
Sec. 50. Regional Advisory Committee responsibilities.
Each Regional Advisory Committee and subregional committee
established by the Regional Advisory Committee are is
responsible for designing the local protocols protocol to
allow its region's or subregion's 9-1-1 call centers center
and emergency responders to coordinate their activities with
9-8-8 as required by this Act and monitoring current operation
to advise on ongoing adjustments to the local protocols. A
subregional committee, which may be convened by a majority
vote of a Regional Advisory Committee, must include members
that are representative of all required categories of the full
Regional Advisory Committee and must provide guidance to the
Regional Advisory Committees on adjustments that need to be
made for local level operationalization of protocols protocol.
Included in this responsibility, each Regional Advisory
Committee or subregional committee must:
(1) negotiate the appropriate amendment of each 9-1-1
PSAP emergency dispatch protocols, in consultation with
each 9-1-1 PSAP in the EMS Region and consistent with
national certification requirements;
(2) set maximum response times for 9-8-8 to provide
service when an in-person response is required, based on
type of mental or behavioral health emergency, which, if
exceeded, constitute grounds for sending other emergency
responders through the 9-1-1 system;
(3) report, geographically by police district if
practical, the data collected through the direction
provided by the Statewide Advisory Committee in
aggregated, non-individualized monthly reports. These
reports shall be available to the Regional Advisory
Committee members, subregional committee members, the
Department of Human Service Division of Mental Health, the
Administrator of the 9-1-1 Authority, and to the public
upon request;
(4) convene, after the initial regional policies are
established, at least every 2 years to consider amendment
of the regional policies, if any, and also convene
whenever a member of the Committee requests that the
Committee or subregional committee consider an amendment;
and
(5) identify regional resources and supports for use
by the mobile mental health relief providers as they
respond to the requests for services.
(Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
(50 ILCS 754/65)
Sec. 65. PSAP and emergency service dispatched through a
9-1-1 PSAP; coordination of activities with mobile and
behavioral health services. Each 9-1-1 PSAP and emergency
service dispatched through a 9-1-1 PSAP must begin
coordinating its activities with the mobile mental and
behavioral health services established by the Division of
Mental Health once all 3 of the following conditions are met,
but not later than July 1, 2025 2024:
(1) the Statewide Committee has negotiated useful
protocol and 9-1-1 operator script adjustments with the
contracted services providing these tools to 9-1-1 PSAPs
operating in Illinois;
(2) the appropriate Regional Advisory Committee has
completed design of the specific 9-1-1 PSAP's process for
coordinating activities with the mobile mental and
behavioral health service; and
(3) the mobile mental and behavioral health service is
available in their jurisdiction.
(Source: P.A. 102-580, eff. 1-1-22; 102-1109, eff. 12-21-22;
103-105, eff. 6-27-23.)