Chapter 405 — MENTAL HEALTH, BEHAVIORAL HEALTH, AND DEVELOPMENTAL DISABILITIES

(405 ILCS 15/1) (from Ch. 91 1/2, par. 141) Sec. 1. In the event that any person is sentenced and committed under the laws of this State or the ordinances or resolutions of any municipal corporation or political subdivision to any penal or correctional institution other than the …

(405 ILCS 15/2) (from Ch. 91 1/2, par. 142) Sec. 2. The court shall set a date for a hearing on the petition within 5 days, excluding Saturdays, Sundays and holidays, after the filing of the petition. The hearing shall be conducted in the manner prescribed in Article VIII of Chap…

(405 ILCS 20/0.1) (from Ch. 91 1/2, par. 300.1) Sec. 0.1. This Act shall be known and may be cited as the "Community Mental Health Act". (Source: Laws 1967, p. 3457.)

(405 ILCS 20/1) (from Ch. 91 1/2, par. 301) Sec. 1. As used in this Act: "Direct recipient services" means only those services required to carry out a completed individualized treatment plan that is signed by a service recipient or legal guardian. Crisis assessment and stabilizat…

(405 ILCS 20/10) (from Ch. 91 1/2, par. 310) Sec. 10. Whenever the board and the governing body of a governmental unit by resolution determines that it is necessary to issue bonds of the governmental unit to enable it to provide buildings for or to make permanent improvements in …

(405 ILCS 20/11) (from Ch. 91 1/2, par. 311) Sec. 11. The proposition pursuant to Section 10 shall be in the following form: -------------------------------------------------------------- Shall the.... (governmental unit) issue bonds to the amount of.... dollars for the purpose o…

(405 ILCS 20/12) (from Ch. 91 1/2, par. 312) Sec. 12. The bonds authorized by this Act shall be sold and the proceeds thereof used solely for the specified purpose. At or before the time of delivery of any bond, the governing body of the governmental unit shall file with the cler…

(405 ILCS 20/13) (from Ch. 91 1/2, par. 313) Sec. 13. Both the proposition for the levy of an annual tax pursuant to Section 5 of this Act and the proposition for issuance of bonds pursuant to Section 10 of this Act may be submitted to the electors at the same election. (Source: …

(405 ILCS 20/14) Sec. 14. (Repealed). (Source: P.A. 97-1170, eff. 3-12-13. Repealed internally, eff. 12-31-18.)

(405 ILCS 20/2) (from Ch. 91 1/2, par. 302) Sec. 2. Any county, city, village, incorporated town, township, public health district, county health department, multiple-county health department, school district or any combination thereof, in consultation with and being advised by t…

(405 ILCS 20/3) (from Ch. 91 1/2, par. 303) Sec. 3. Any such county, city, village, incorporated town, township, public health district, county health department, multiple-county health department, school district, community mental health board or any combination thereof, may acc…

(405 ILCS 20/3a) (from Ch. 91 1/2, par. 303a) Sec. 3a. Every governmental unit authorized to levy an annual tax under any of the provisions of this Act shall, before it may levy such tax, establish a 7 member community mental health board who shall administer this Act. Such board…

(405 ILCS 20/3b) (from Ch. 91 1/2, par. 303b) Sec. 3b. The term of office of each member of the community mental health board shall be for 4 years, provided, however, that of the members first appointed, 2 shall be appointed for a term of 2 years, 2 for a term of 3 years and 3 fo…

(405 ILCS 20/3c) (from Ch. 91 1/2, par. 303c) Sec. 3c. Any member of the community mental health board may be removed by the appointing officer for absenteeism, neglect of duty, misconduct or malfeasance in office, after being given a written statement of the charges and an oppor…

(405 ILCS 20/3d) (from Ch. 91 1/2, par. 303d) Sec. 3d. The expenses incurred by any community mental health board in the performance of duties imposed upon it or its members shall be a charge on the board and shall be paid out of the "Community Mental Health Fund" hereinafter est…

(405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e) Sec. 3e. Board's powers and duties. (1) Every community mental health board shall, within 30 days after members are first appointed and within 30 days after members are appointed or reappointed upon the expiration of a member's term, …

(405 ILCS 20/3f) (from Ch. 91 1/2, par. 303f) Sec. 3f. Annually, each community mental health board shall prepare and submit, for informational purposes in the appropriations process, to the appointing officer and governing body referred to in Section 3a: (a) an annual budget sho…

(405 ILCS 20/3g) (from Ch. 91 1/2, par. 303g) Sec. 3g. Purchases made pursuant to this Act shall be made in compliance with the "Local Government Prompt Payment Act", approved by the Eighty-fourth General Assembly. (Source: P.A. 84-731.)

(405 ILCS 20/4) (from Ch. 91 1/2, par. 304) Sec. 4. In order to provide the necessary funds or to supplement existing funds for such community mental health facilities and services, including facilities and services for the person with a developmental disability or a substance us…

(405 ILCS 20/5) (from Ch. 91 1/2, par. 305) Sec. 5. (a) When the governing body of a governmental unit passes a resolution as provided in Section 4 asking that an annual tax may be levied for the purpose of providing such mental health facilities and services, including facilitie…

(405 ILCS 20/6) (from Ch. 91 1/2, par. 306) Sec. 6. Whenever the governing body of any governmental unit has not provided the community mental health facilities and services provided in Section 2 and levied the tax provided in Section 4 and a petition signed by electors of the go…

(405 ILCS 20/7) (from Ch. 91 1/2, par. 307) Sec. 7. When the petition provided for in Section 6 is presented to the clerk of the governmental unit requesting the establishment and maintenance of such mental health facilities and services for residents of the community and the lev…

(405 ILCS 20/8) (from Ch. 91 1/2, par. 308) Sec. 8. The Secretary of Human Services may make grants-in-aid to such county, city, village, incorporated town, township, public health district, county health department, multiple-county health department, school district or any combi…

(405 ILCS 20/8.1) (from Ch. 91 1/2, par. 308.1) Sec. 8.1. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department under this Act, except that in case of conflict between …

(405 ILCS 20/8.5) Sec. 8.5. (Repealed). (Source: P.A. 92-159, eff. 1-1-02. Repealed by P.A. 95-336, eff. 8-21-07.)

(405 ILCS 20/9) (from Ch. 91 1/2, par. 309) Sec. 9. Whenever electors, equal in number to at least 10% of the total votes cast for the office on which the greatest total number of votes were cast at the last preceding general governmental unit election, of a governmental unit whi…

(405 ILCS 22/1) Sec. 1. Short title. This Act may be cited as the Community Expanded Mental Health Services Act. (Source: P.A. 96-1548, eff. 1-1-12.)

(405 ILCS 22/10) Sec. 10. Definitions. As used in this Act: "Clinical psychologist" means a psychologist who is licensed by the Illinois Department of Financial and Professional Regulation and who: (i) has a doctoral degree from a regionally accredited university, college, or pro…

(405 ILCS 22/15) Sec. 15. Creation of Expanded Mental Health Services Program and Governing Commission. (a) Whenever in a municipality with more than 1,000,000 inhabitants, the question of creating an Expanded Mental Health Services Program within a contiguous territory included …

(405 ILCS 22/20) Sec. 20. Duties and functions of Governing Commission. The duties and functions of the Governing Commission of an Expanded Mental Health Services Program shall include the following: (1) To, immediately after appointment, meet and organize, by the election of one…

(405 ILCS 22/25) Sec. 25. Expanded mental health services fund. (a) The Governing Commission shall maintain the expanded mental health services fund for the purposes of paying the costs of administering the Program and carrying out its duties under this Act, subject to the limita…

(405 ILCS 22/30) Sec. 30. Termination of a Program. An Expanded Mental Health Services Program may be terminated only by the submission of and approval of the issue in the form of a public question before the voters of the territory of the Program at a regularly scheduled electio…

(405 ILCS 22/35) Sec. 35. Immunity and indemnification. No commissioner, officer, or employee, whether on salary, wage, or voluntary basis, shall be personally liable and no cause of action may be brought for damages resulting from the exercise of judgment or discretion in connec…

(405 ILCS 22/40) Sec. 40. Legal actions. No lawsuit or any other type of legal action brought under the terms of this Act shall be sustainable in a court of law or equity unless all conditions, stipulations, and provisions of the Program have been complied with, and unless the su…

(405 ILCS 22/45) Sec. 45. Penalty. Any person violating the provisions of this Act or any procedure, regulation, or bylaw of a Governing Commission and Program created under the provisions of this Act shall, in addition to all other remedies provided by law, be guilty of a petty …

(405 ILCS 22/5) Sec. 5. Purpose. The purpose of an Expanded Mental Health Services Program and Governing Commission created under the provisions of this Act by the voters of a territory within a municipality with a population of more than 1,000,000 shall be to expand the availabi…

(405 ILCS 22/50) Sec. 50. Home rule. The authority or duty to establish or prohibit the establishment of Expanded Mental Health Services Programs in any municipality with more than 1,000,000 inhabitants, including home rule units, and the determination of the terms of such Progra…

(405 ILCS 25/1) (from Ch. 91 1/2, par. 601) Sec. 1. Short title.) This Act shall be known and may be cited as the "Specialized Living Centers Act". (Source: P.A. 79-970.)

(405 ILCS 25/2) (from Ch. 91 1/2, par. 602) Sec. 2. Definitions. As used in this Act, unless the context otherwise requires, the terms specified in the following Sections preceding Section 3 have the meanings ascribed to them in those Sections. (Source: P.A. 87-866.)

(405 ILCS 25/2.01) (from Ch. 91 1/2, par. 602.01) Sec. 2.01. "Board" means the Capital Development Board of the State of Illinois created by the "Capital Development Board Act", approved July 10, 1972, as such Act may be now or hereafter amended. (Source: P.A. 79-970.)

(405 ILCS 25/2.02) (from Ch. 91 1/2, par. 602.02) Sec. 2.02. "Department" means the Department of Human Services, as successor to the Department of Mental Health and Developmental Disabilities. (Source: P.A. 89-507, eff. 7-1-97.)

(405 ILCS 25/2.03) (from Ch. 91 1/2, par. 602.03) Sec. 2.03. "Person with a developmental disability" means a person with a "developmental disability" as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code. (Source: P.A. 102-972, eff. 1-1-23.)

(405 ILCS 25/2.04) (from Ch. 91 1/2, par. 602.04) Sec. 2.04. "Specialized living centers" means, for the purpose of this Act, an Intermediate Care Facility specializing in living arrangements for the person with a developmental disability providing a means by which they can reach…

(405 ILCS 25/2.05) (from Ch. 91 1/2, par. 602.05) Sec. 2.05. "Sponsoring authority" means any public entity except the State of Illinois or any Community Mental Health Board, and such term includes any not for profit private mental health agency, organization or association. (Sou…

(405 ILCS 25/2.06) (from Ch. 91 1/2, par. 602.06) Sec. 2.06. "Durable, moveable equipment" means for the purposes of this Act all items of initial equipment, other than built-in equipment, which are necessary and appropriate for the functioning of a particular facility. Such equi…

(405 ILCS 25/2.07) (from Ch. 91 1/2, par. 602.07) Sec. 2.07. "Takeover entity" means any agency, organization or association, public or private, for profit or not-for-profit, qualified under the Department's rules and regulations to operate a facility for providing care or servic…

(405 ILCS 25/3) (from Ch. 91 1/2, par. 603) Sec. 3. Department's powers and duties. The Secretary of the Department has the powers and shall perform the functions and duties specified in Sections 3.01 through 3.07 of this Act. (Source: P.A. 89-507, eff. 7-1-97.)

(405 ILCS 25/3.01) (from Ch. 91 1/2, par. 603.01) Sec. 3.01. The Department shall develop specifications for the establishment of specialized living centers to be located throughout the State. Such specifications shall provide that each such intermediate care facility shall serve…

(405 ILCS 25/3.02) (from Ch. 91 1/2, par. 603.02) Sec. 3.02. The Department shall forward such specifications as are required to be developed under Section 3.01 to any sponsoring authority requesting such specifications. (Source: P.A. 79-970.)

(405 ILCS 25/3.03) (from Ch. 91 1/2, par. 603.03) Sec. 3.03. The Department shall review the requests of any sponsoring authority for the establishment of a specialized living center to be located in the geographic region of such sponsoring authority. Review of requests shall be …